Terms & Conditions
ELECTRONIC COMMUNICATIONS TERMS AND CONDITIONS
By executing a Business Relationship Application (the “Application”), Customer is agreeing to conduct business with Company electronically and Customer is agreeing to the following terms. Customer agrees that, except as otherwise required by applicable law, Company may communicate with Customer electronically and that communications may be provided to Customer in electronic form or transmitted by electronic means. Such communications may include, but are not limited to, notices, disclosures, transmittals of documents, and other communications, including communications that notices applicable to Customer have been published on Company’s website. Customer also agrees that, except as otherwise required by applicable law, Company may accept and rely upon documents that Customer agrees to electronically. Such documents may include, but are not limited to, the Application and any and all contracts, credit agreements, promissory notes, security agreements and other documents that Customer enters into with Company. Electronic agreement may occur in various manners, including but not limited to, in the manner indicated when the document is communicated to Customer. Company may, in its sole discretion, accept communications of Customer’s agreement in any other manner, including agreement indicated by an electronic sound, symbol or process associated with the relevant document. Company may accept agreement from Customer online, through use of a mobile device application (or “app”), via text message, email or facsimile transmission, or through any other means of communication. All such documents that Customer agrees to electronically shall be considered an “electronic record” containing Customer’s “electronic signature,” under applicable federal and state laws. Customer’s electronic agreement shall be as effective, enforceable and valid as if a paper version of the relevant document were delivered to Company containing Customer’s original written signature. Each document that Customer agrees to electronically shall for all purposes (including perfection of security interests and admissibility of evidence) be considered the sole original authenticated document and shall be effective as a transferable record. Customer agrees not to raise the manner or means that Customer used to agree to a document or to communicate Customer’s agreement to Company as a defense to the enforcement of that document. Customer may request a paper copy of any document. Customer may revoke Customer’s agreement to receive electronic communications or to conduct business with Company electronically by sending 30 days’ prior written notice of such revocation. Such notice must be manually signed by Customer and transmitted by certified mail, return receipt requested. Any such revocation shall be effective prospectively only. Customer may refuse to conduct further transactions electronically. If Customer electronically agrees to a document, Customer will not be considered to have refused to conduct that transaction electronically. In the event of any conflict between the terms of this paragraph and the terms of any other document entered into between Customer and Company regarding electronic signatures or communications, then as to such other document, the terms of such other document shall control.
Electronic communications involve risks, including risk of interception by third parties. Except insofar as such liability is not waivable under applicable law, Customer hereby releases Company from all liability relating to the fact that a communication was provided in electronic form or transmitted by electronic means. Customer agrees to provide Customer’s e-mail address and phone number for text messages to Company and to notify Company within ten (10) days if Customer changes such e-mail address or phone number. Any communication sent to Customer by e-mail or text message will be deemed received when sent to an e-mail address or phone number that Customer provided to Company or that Customer has used to communicate with Company. If Customer agrees to a document electronically, Customer agrees that the electronic method Customer uses reliably establishes Customer’s identity and, where relevant, Company’s identity as a holder. To the extent, if any, that any document constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest in such document may be created through the transfer or possession of any counterpart or copy thereof, other than the document produced by the electronic method Company specifies.
Effective Date: 6/1/2022