As used in this Consent to Use Electronic Records and Signatures and CommunicationsAuthorization (the “ESIGN Consent”), the terms “us,” “our,” and “we,” shall mean ApaceRefunds LLC, also known as Fastback. and any of our owners, officers, employees, agents,service providers, or affiliates. The terms “you,” and “your,” shall refer to each natural personwho has or may in the future maintain an Online Account or obtain any services from us.Capitalized terms that are not defined in this ESIGN Consent are defined in the Terms andConditions.To open and maintain an Online Account on our Website and to request and receive anyServices that we may agree to provide to you, you must agree to provide your signature oncertain legally binding contracts in an electronic form, rather than physically signing suchagreements using pen and paper. Similarly, you must agree that me may provide certain noticesor disclosures that we are required to provide to you “in writing” by sending them to youelectronically.
As such, you acknowledge and agree to the following:
- You consent to the use of electronic signatures, and any notice or information that we must provide to you in writing may be transmitted electronically. These electronic signatures and communications of required disclosures or notices shall be referred to as “Electronic Records.” We may obtain an electronic signature from you in various ways, including but not limited to asking you to click on a link, image, or button on our Website, and we will always clearly disclose when any action you take on the Website serves as your electronic signature. Notices we may provide electronically include, but are not limited to, copies of payment authorizations or confirmations and notices relating to the privacy or security of your Online Account. We may transmit Electronic Records via email to the address you used to open your Online Account or your last known email address. At our sole discretion, we may choose to send required notices on paper rather than electronically.
- You may request paper copies of Electronic Records by contacting agreements@apacerefunds.com. Unless prohibited by applicable law, we may charge a fee for providing paper copies of any requested Electronic Records.
- This ESIGN Consent applies to all agreements between you and us, all Services you request from us (even if we do not agree to provide such Service), and all interactions and dealings with you that arise from or relate in any way to the Website or any of our Services.
- If you choose not to agree to this ESIGN Consent, we may, at our sole discretion, stop providing our Services to you, close your Online Account, and/or charge higher or additional fees for our Services. Your use of the Website will remain subject to the applicable Terms and Conditions, regardless of any rejection or revocation of this ESIGN Consent. If you reject or revoke this ESIGN Consent for a specific Service, such rejection or revocation will apply only to that Service and not to our other Services unless you expressly state otherwise. You may revoke this ESIGN Consent at any time by emailing agreements@apacerefunds.com, and your revocation will become effective after we receive it and have a reasonable period to process it.
- To the extent that any applicable law requires you to provide notice or information to us in writing, you understand and agree that this ESIGN Consent does not apply to such requirements, and you must physically provide such notice or information to us on paper, even if you have agreed to this ESIGN Consent.
- Since we will communicate with you electronically, you must notify us of any changes to your email address as soon as possible.
- To receive Electronic Records, you must have internet access and a computer, mobile phone, or other electronic device capable of running a recent version of Microsoft Edge, Apple Safari, or Mozilla Firefox. To save Electronic Records, your device must have sufficient storage capacity, and to print them, you must have access to a compatible printer. You must also have a valid email address that you are authorized to use for receiving Electronic Records. By continuing to use your Online Account or any of our Services after we notify you of changes to our hardware or software requirements, you consent to this ESIGN Consent as amended to reflect such changes.
By Accepting and Agreeing to this ESIGN Consent, you certify that you have access tohardware and software that meets these requirements.
