Electronic Record and Signature

Last modified: June 20, 2024

Electronic Record and Signature Disclosure and Agreement To Do Business Electronically

Please read this Electronic Record and Signature Disclosure and Agreement to do Business Electronically (“Disclosure”) carefully. It contains important information.

In this Disclosure:

● “We,” “us,” and “our” means the person or organization using the ComplanceClerk eSignature service to present you with Communications to review and/or sign electronically. Please note that ComplanceClerk, Inc. and its subsidiaries and affiliates (collectively, “ComplanceClerk”) are not parties to this Disclosure unless ComplanceClerk itself uses the eSignature to present you with Communications to review and/or sign.

● “You” and “your” means the person giving consent to the use of electronic records and signatures.

● "Communications” means all the documents and information we provide to you through the eSignature service to review or sign relating to your Transaction. Communications include, but are not limited to, disclosures, notices, authorizations, acknowledgements, correspondence, agreements, statements, emails, promissory notes, undertakings, and other information.

● “eSignature” means the electronic signing platform provided by ComplanceClerk that you are using to electronically review and/or sign Communications.

● “Transaction” means the consumer or business transaction for which you are reviewing and/or signing Communications using eSignature.

From time to time, we may be required by law to provide you with certain information related to the Transaction “in writing,” which means you have a right to receive that information in paper form. However, with your consent, we will provide this information to you electronically instead. We also seek your consent to electronically sign agreements and other documents related to the Transaction. If you agree, your electronic signature on Communications signed through the eSignature service will be legally enforceable in the same manner as if it were a handwritten signature on a paper document.

  1. Scope of Your Consent This Disclosure and your agreement to electronic signatures and records applies to all Communications that we may provide to you through eSignature relating to a particular Transaction. This means that, unless you tell us otherwise in accordance with the procedures described below, all Communications that are required to be provided or made available to you during the course of our relationship for the Transaction will be provided electronically to you through the eSignature service. The majority of Communications we send you through eSignature will be accessible in Portable Document Format (PDF). Please note that your consent to the use of electronic signatures and records does not mean that we are required to complete any Transaction or provide any Communication to you electronically.
  2. Keeping and Obtaining Paper Copies You will have the ability to download and print all the Communications we send you through the ComplanceClerk eSignature Service for your review and/or signature. You can download these Communications for printing. If you wish to download them before signing, you can do so by clicking on the “View Document” web link that will be sent to you via email, clicking on the three-dot icon (︙) in the top right corner of the screen, and selecting the “Download” icon. To download a signed copy of Communications, click on the “View Document” web link provided to you via email and click on the “Download” icon in the top right corner of the screen. Signed Communications and associated documentation will also be provided to you as email attachments. In addition, you can request that paper copies of any Communications be sent to your designated mailing address. You may request the mailing of paper copies by following the procedure described in Section 5, below.
  3. System Requirements To review and sign Communications electronically using eSignature, you must have a computer or mobile device with the following capabilities:

● An internet connection;

● An up-to-date version of any of the following internet browser software: Google Chrome, Mozilla Firefox, Microsoft Edge, Safari;

● An active email address associated with an up-to-date version of an email management service (e.g., Gmail, Yahoo Mail, Outlook);

● Adobe Acrobat or similar software for viewing and printing portable document format (PDF) files; Note that, while not required, you will need a printer if you wish to print out and retain records in hard-copy paper format. By “up-to-date version,” we mean a version of the software that is being supported by its publisher on the date of your Transaction. Pre-release or “beta” versions of the software are not supported.

  1. How to Withdraw Your Consent You will consent to the use of electronic signatures and records by clicking the checkbox stating “I agree to sign this document electronically as per the Electronic Record and Signature Disclosure and Agreement.” At any time thereafter, you may change your mind and tell us that you want to receive the required notices and disclosures only in paper format. This section contains the instructions for withdrawing your consent to electronic signatures and records, as well as the consequences of doing so. To inform us that you no longer wish to receive future Communications in electronic format, you may do either of the following:

● Complete the “Decline document” option accessible through the three-dot menu in the top right corner of the eSignature service; or

● Send us an email stating “I wish to withdraw consent to electronic signatures and records” along with (1) your full name, (2) your mailing address, and (3) your telephone number. If you withdraw your consent before your Transaction is complete, you will be unable to proceed electronically for that Transaction. Note that your withdrawal of consent does not affect any Communications you have signed or received electronically prior to your withdrawal of consent to electronic records and signatures.

  1. How to Request Paper Copies of Communications To request paper copies of any Communications previously provided to you electronically, simply reply to the email you received relating to those Communications. The body of your email must state (1) your mailing address, (2) telephone number, and (3) a description of the specific Communications which you would like to receive in paper form. You will be informed in advance of the cost of such paper copies.
  2. Consent to receive and sign materials electronically; Acknowledgment of ability to access electronic materials To confirm to us that you can access this Disclosure electronically, please verify that you have been able to read and understand it. Please also verify that you are able to print this Disclosure, electronically save this Disclosure for your future reference (by clicking on the appropriate icons at the top right of this page), or e-mail this Disclosure to an address where you will be able to access it in the future.

By checking the consent box for this Disclosure, you confirm that you:

(1) consent to use electronic records and signatures for all Communications we provide to you through eSignature;

(2) agree either that (i) no certification authority or other third-party verification is necessary to validate your electronic signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or resulting contract between you and us, or (ii) you have obtained the necessary certification or verification to validate your electronic signature;

(3) agree and intend that your electronic signature executed in conjunction with any Communications will be legally binding to the fullest extent of the law;

(4) represent and warrant that you are authorized to give consent on behalf of both yourself and any other person entering into the Transaction along with you or on your behalf;

(5) acknowledge that you have been able to access and read this Disclosure in its PDF form and are able to print the Disclosure or save the Disclosure to a place where it can be accessed and printed for future reference