Effective Date: April 01, 2023
From time to time, Apriority Financial, Inc. may provide you with certain notices, disclosures or contracts, some of which are required by law to be “in writing.” The federal Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), and certain state laws allow us to provide you these written notices, disclosures or contracts electronically with your consent. These laws also allow the use of electronic signatures. Described below are the terms and conditions for providing you such notices, disclosures or contracts electronically, as well as to use electronic signatures.
You should read this E-Sign Act Disclosure and Agreement (this “Agreement”) carefully and keep or print it for future reference.
1. Definitions
“We,” “us,” “our” and “Company” means Apriority Financial, Inc. and each and every current and future affiliate and agent of Apriority Financial, Inc.
“You” and “your” means the person giving this consent, and also each additional authorized signer, authorized representative and/or service user identified on any product or service that you apply for, administer, use or access.
“Transaction” means each and every product or service we offer that you apply for, own, use, administer or access.
“Electronic Records” means all documents, contracts or other records created, generated, sent, communicated, received or stored by electronic means, whether via the Internet, our website, email and/or messaging services, including text messaging and/or software applications, related to any product or service you obtain, apply for, use, administer or access through us.
“Electronic Signature” means an electronic process or symbol, attached to or implemented in a document, contract or other Electronic Record or Communication and executed or adopted by a person with the intent to sign the record.
“Communications” means each notice, disclosure, agreement, acknowledgement, consent, statement, record, document and other information we provide to you, or that you sign or submit or agree to at our request.
2. Consent to Use Electronic Records and Electronic Signatures
By giving your consent and accepting this Agreement, you agree to conduct any Transaction with us through the use of Electronic Signatures, including through a vendor, which may consist of clicking through buttons, checking boxes or other industry accepted practices and processes implemented by us or our third party vendor. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request as part of a Transaction with you may be in electronic form, and you may be required to use Electronic Signatures for us to obtain Communications from you. You agree to the use of such Electronic Signatures and Electronic Records. We may provide Electronic Records to you via posting them online on our website, email attachments, embedded links and/or messaging services, including text messaging and/or software applications. You agree that your consent will remain in effect until you give us notice that you are withdrawing it.
Please note that, if you do not consent to the use of Electronic Records and Electronic Signatures (or withdraw your consent prior to completion of a Transaction), you will not be able to complete a Transaction with us, including the trial use or purchase of a product from us; provided, however, that we reserve the right to waive the requirements of this Agreement and permit you to complete a Transaction with us exclusively through a paper copy format.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically. Also, certain Communications will be required by law to be provided on paper. Please note that sometimes you may be required to provide us a Communication through a paper writing.
By providing your consent, you are confirming that you have the hardware and software described below, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all other authorized signers, authorized representatives and/or service users identified by you.
3. Requesting Paper Copies
If we provide Electronic Records to you, you have the option to receive paper copies. To obtain a paper copy, you can print out a copy from your computer, or you may request a paper version by emailing us at support@apriorityfinancial.com. We may charge, and you may have to pay, a reasonable service fee for the paper copy, except as prohibited by applicable law. Requesting a paper copy in itself will not be a withdrawal of your consent. Your consent will remain in effect until you give us notice that you are withdrawing it.
4. Withdrawing Consent
After completing your Transaction, you may withdraw your consent to the use of Electronic Records and Electronic Signatures at any time by emailing us at support@apriorityfinancial.com. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
5. Hardware and Software Requirements
To receive and retain Electronic Records and use Electronic Signatures, you must have access to:
Operating Systems: Windows XP; Windows Vista; Windows 7; Mac OS® X
E-mail: An active and valid email account
Phone: An active and valid phone number that can receive text messages
Browsers: Final release versions of Internet Explorer 7.0 or above (Windows only); Mozilla Firefox 4.0 or higher (Windows and Mac); Safari 3.0 or above (Mac OS only); Google Chrome 5.0 or above.
PDF Reader: Current version of Acrobat® or similar software that allows you to receive PDF files.
Hardware: A personal computer or tablet on which you have access to the Internet, email capability and sufficient storage capacity if you wish to retain Electronic Records in electronic form.
To print a hard copy of any Electronic Records you receive, you will need a printer.
These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you, at which time you will have the right to withdraw your consent. We reserve the right to discontinue support of any software if we determine in our discretion that such software contains a security flaw that makes it unsuitable for use. We will notify you of any revised hardware or software requirements that would create a material risk that you would not be able to access or retain your Electronic Records.
6. Updating Your Contact Information
You are responsible for keeping your primary email address and/or street address on file with us up to date so that we can communicate with you electronically. You understand and agree that, if we send you an electronic Communication but you do not receive it because your primary email address and/or street address on file is incorrect, out of date, blocked by your Internet service provider or your spam filter or you are otherwise unable to receive electronic Communications, we still will be deemed to have provided the Communication to you.
If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.
You can update your primary email address and/or street address at any time by sending the updated information to us by email to support@apriorityfinancial.com. If your email address and/or street address becomes invalid such that Communications sent to you by us are returned, we reserve the right to discontinue your access to our website, terminate any and all agreements with you and/or deem any and all of your accounts with us as “inactive.”
7. 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 E-Sign Act, and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
8. Acknowledging Consent to Receive Materials Electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by signing this Agreement.
By signing this Agreement, you are confirming that:
· You were able to access and read this Agreement.
· You were able to print on paper or electronically save this Agreement for your future reference or you were able to email this disclosure to an address where you will be able to print on paper and save it for future reference.
· You have an active email address and/or street address on file with the Company and confirm that you have the hardware and software described above.
Until or unless you notify us as described above, you consent to receive from us exclusively through electronic means all records, notices, disclosures, agreements, authorizations, acknowledgements and other documents that are required to be provided or made available to you by us during the course of your relationship with us.