ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND
CONSENT AGREEMENT (“E DISCLOSURE AND CONSENT”)
Updated April 21, 2016
This E Disclosure and Consent is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act, as adopted by the various States.
Capitalized terms used in this E Disclosure and Consent have the meaning set forth in the Agreement or Terms and Conditions to which this E Disclosure and Consent is attached, except the words “You” and “Your” refer to the particular Person entering into or agreeing to the Agreement or Terms and Conditions.
This disclosure relates to the Website including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how eDist delivers communications to You electronically. eDist may amend this policy at any time by posting a revised version on the Website. The revised version will be effective when posted by eDist. If the revised version includes a substantial change, eDist will provide You with thirty (30) days’ prior notice by posting a notice of the change on the Website.
Electronic Delivery of Communications
eDist will provide Communications to You by posting them on the Website and/or by emailing them to You at the primary email address designated by You in the New Account Form.
Hardware and Software Requirements
In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by You in the New Account Form); and sufficient storage space to save past Communications or an installed printer to print them.
eDist will notify You if there are any material changes to the hardware or software needed to receive electronic Communications from eDist. By giving Your consent, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records as they may not be accessible online at a later date.
How to Withdraw Your Consent
You have the right to withdraw Your consent at any time. To withdraw consent, You may send a written request (a) by regular mail to eDist at 97 McKee Drive, Mahwah, New Jersey 07430, (b) by email to [email protected], or (c) through the Website. If consent is withdrawn, eDist reserves the right to discontinue Your access to the Website, terminate any and all agreements with You, and/or charge You additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
If, after You consent to receive Communications electronically, You would like a paper copy of a Communication eDist previously sent You, You may request a copy within one hundred eighty (180) days of the date eDist provided the Communication to You by contacting eDist as described above. eDist will send Your paper copy to You by U.S. mail. In order for eDist to send paper copies to You, You must have a current street address on file with eDist as Your primary mailing address. If You request paper copies, You understand and agree that eDist may charge You a Paper Communications Fee for each Communication at the current rate.
Updating Your Contact Information
You are responsible for keeping Your primary email address on file with eDist up to date so that eDist can communicate with You electronically. You understand and agree that if eDist sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, eDist 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 eDist to Your email address book so that You will be able to receive the Communications eDist sends to You.
You can update Your primary email address or street address at any time by sending the updated information to eDist (a) by regular mail to 97 McKee Drive, Mahwah, New Jersey 07430, (b) by email to [email protected], or (c) through the Website. If Your email address becomes invalid such that electronic Communications sent to You by eDist are returned, eDist reserves the right to discontinue Your access to the Website, terminate any and all agreements with You, and/or deem any and all of Your accounts with eDist as “inactive”.