Electronic Disclosure and Signature Consent Form
1. Your Consent To Do Business Electronically (the “eDisclosure Consent”)
The purpose of this eDisclosure Consent is to obtain your consent to receive from Backabl in electronic form rather than in paper form all disclosures, notices, and records, and for you to sign any relevant Communications electronically in connection with your application and any other information we provide to you (collectively, “Communications”). Please read the terms of this eDisclosure Consent prior to giving your consent, and please maintain a copy of this eDisclosure Consent for your records. If you consent by selecting “Yes, I agree” and clicking the “Submit” button, you consent and agree that we will make Communications available to you electronically, instead of providing them to you in paper form. This includes the use of electronic communications, electronic disclosures, electronic statement, electronic contracts, and electronic signatures (including “check box” style acknowledgements). For purposes of this eDisclosure Consent, “you” and “your” mean the person submitting the application to Backbl, and “we”, “our” and “us” means Backabl, its lending partners, and/or its third party service providers. You agree that we may discontinue sending paper Communications to you and execute documents electronically, unless and until you withdraw consent as described.
If you do not agree to proceed with: (a) the signing of the agreements electronically, (b) the review of disclosures and statements in electronic format, and (c) the receipt of electronic communications from us please opt out of receiving electronic communications. Your consent permits the general use of electronic records and electronic signatures in connection with all Your transactions with us.
2. Electronic Delivery and Signatures
We may provide Communications to you electronically by e-mail (or a link set forth in an e-mail), online posting at an online location designated by us, or Portable Document Format (“PDF”) files such as Adobe Acrobat Reader®. Your execution of this eDisclosure Consent signifies your intent to enter into a binding legal agreement. All documents, including any modifications to such documents, signed using electronic means are as valid and enforceable as if you executed a paper copy using a “wet ink” handwritten signature.
3. Update Records
If you consent to receive Communications electronically, we will contact you at the e-mail address you have provided to us. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to your application, and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) by contacting us at email@example.com.
4. Communications in Writing
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of all your Communications, and any other Communications that are important to you. The authoritative copy of the electronically executed Communications (the “Authoritative Copy”) shall be the electronic copy that resides in our document management system, or that of our service providers. If a paper version of the Authoritative Copy is created, then both the electronic and paper version shall be considered originals and shall both be an Authoritative Copy.
5. Notices From You Are Not Covered
Applicable law or contracts sometimes require us to communicate with you and for you to communicate with us using paper documents, and your consent does not relate to those items.
6. No Retroactive Withdrawal of Consent
Because we will provide some electronic Communications to you almost instantaneously, once you have given us your consent to do business with us electronically, you will not be able to withdraw your consent relating to Communications we have already provided electronically to you pursuant to that consent. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Communications and communications to you will not be affected.
7. Hardware and Software Requirements
In order to receive, access and retain Communications from us electronically, you will need the following computer software and hardware:
- Computer or mobile device with Internet access via a supported Internet browser and an Internet email account and address.
- The ability to view the Communications on your monitor or mobile device.
- The ability to receive e-mail that contains hyperlinks to websites.
- A widely used, recent generation web browser (for example, Chrome, Internet Explorer, Safari, or Firefox).
- Adobe® Acrobat®. If You do not have such software, click here to download a free version of Adobe Acrobat Reader®.
- Access to a printer that is capable of printing information displayed on your monitor, or the ability to save or download files on a storage device for later reference, in order to keep copies of Your Communications for Your records.
If you do not have the required software and/or hardware, or if you do not wish to receive Communications electronically from us for any other reason, you may elect to receive paper Communications and should not click the “Yes, I agree” or “Submit” buttons. If you do not consent to receiving an electronic copy of the application, the related legal disclosures and the instructions, you may elect to receive disclosures physically.
8. You may print a copy of any Communication from your computer or e-mails. Even if you consent to receive the application, disclosures and instructions electronically, you can request a paper copy of the application, disclosures and instructions by contacting us at firstname.lastname@example.org. We will not charge you any fees for providing a paper copy of the Communications. Your consent to receive electronic Communications and execute documents using electronic signatures does not mean that we must conduct business with you electronically- only that we may do so. We may, at our option, deliver the Communications to you on paper, if we choose to do so. We may also require that certain Communications from you be delivered to us, on paper, at a specified address. You may also withdraw your consent to receive disclosures and documents electronically at any time by contacting us at email@example.com.
9. We are not responsible for any non-receipt of notifications or electronic Communications due to: (i) your email address on file being invalid, (ii) if your email or Internet service provider filters the notification as “spam” or “junk mail” (iii) there is a malfunction in your computer, browser, Internet service and/or software; or (iv) for other reasons beyond our control. By checking the box and proceeding, you are electronically signing this eDisclosures Consent. You agree to the terms of this Agreement, effective as of today’s date, and confirm that you have computer software and hardware that meets the requirements above. YOU CONSENT TO (I) RECEIVING COMMUNICATIONS ELECTRONICALLY, AND (II) THE USE OF ELECTRONIC RECORDS AND SIGNATURES IN CONNECTION WITH ALL TRANSACTION(S) WITH US AND OUR SERVICE PROVIDERS, IN PLACE OF WRITTEN DOCUMENTS AND HANDWRITTEN SIGNATURES.
10. Federal Law
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
12. YOUR ABILITY TO ACCESS COMMUNICATIONS
BY SELECTING “YES, I AGREE” AND “SUBMIT” YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC COMMUNICATIONS IN THE DESIGNATED FORMATS DESCRIBED ABOVE, AND THAT THE COMPUTER(S) OR MOBILE DEVICE(S) YOU ARE USING NOW AND WILL LATER USE MEET THE SYSTEM REQUIREMENTS DESCRIBED ABOVE. YOU ALSO ACKNOWLEDGE THAT YOU HAVE BEEN ABLE TO READ THIS AGREEMENT USING YOUR COMPUTER OR MOBILE DEVICE AND SOFTWARE; YOU HAVE SUCCESSFULLY PRINTED OR DOWNLOADED A COPY OF THIS AGREEMENT; YOU HAVE ACCESS TO AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER; AND YOU ARE ABLE TO SEND AND RECEIVE E-MAIL.
BY SELECTING “YES, I AGREE” AND CLICKING THE “SUBMIT” BUTTON YOU CONSENT TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.
16. We encourage you to print and retain a copy of this eDisclosure Consent for your records.