Electronic Disclosures Agreement and Consent
(in accordance with the Electronic Signatures in Global and National Commerce Act, ESIGN, Pub.L. 106-229, 114 Stat. 464)
By submitting this application, you are requesting our services to secure funding with Show-Me Merchants, LLC or one of our partners. We can only fulfill that request by conducting our business through our online transaction system. In order to do this, we need your explicit consent prior to our giving you certain disclosures electronically. This document, when agreed to by you, constitutes your agreement, acknowledgement and consent to sign documents electronically through the Show-Me Merchants online transaction system and to receive disclosures, notices and other electronic communications from us. It also informs you of your rights regarding such electronic communications. By clicking on the button at the bottom of this page, you are electronically placing your signature (hereinafter, your “E-Signature”) on this document and acknowledging receipt of this document and consent to the electronic delivery of such communications.
1. Consent to Electronic Delivery. You specifically consent to receive any and all Disclosures (as such term is hereinafter defined) from us through our technology provider, GoDaddy Operating Company, LLC. The term "Disclosures" includes, but is not limited to, any and all notices and/or disclosures that are required to be provided under the provisions of applicable federal and/or state laws or regulations, as well as such other documents, statements, records, amendments, updates and any other communications regarding your account, financial transactions and other online activities related to your business relationship with us. You acknowledge that you can access, retain and manage Disclosures from us by downloading, printing and/or saving such Disclosures that you agree to using your E-Signature. You accept Disclosures provided in this manner as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
2. Terms of Agreement. You acknowledge and agree to the following terms and conditions: a. You understand that your E-Signature on this Agreement is the legal equivalent of your manual signature and legally binds you in the same manner as if you had signed in a non-electronic form; b. You agree that your use of a keypad, mouse, trackpad or other electronic device to make selections, give instructions, access data, or make transactions constitutes your acknowledgement, acceptance and agreement as if actually signed by you in writing. c. You agree that no third-party verification or authorization is necessary to validate your E-Signature and that the lack of such verification or authorization will not in any way affect the enforceability of your E-Signature or any agreement, contract or transaction between you and us. d. You represent and warrant that you are authorized to enter into this Agreement on behalf of all persons or entities who are authorized to access your account with us, and that such persons or entities will be bound by the terms of this Agreement as if each of them had signed it.
3. Validity of Electronic Copies. You agree that your E-Signature, any written instruction or authorization and any Disclosure or other document provided to me by Show-Me Merchants, LLC. is considered to be the true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. You further agree not to contest the admissibility or enforceability of our electronically stored copy of this Agreement and Consent and any other documents.
4. Requesting Paper Copies. At any time, you may request from us a paper copy of any Disclosure. For such copies, as long as you are an authorized user of our system you will have the ability to download and print any Disclosure for a period of 24 months after such Disclosure is first sent to you. To request a paper copy of a Disclosure contact us at firstname.lastname@example.org. Paper copies will be provided to you at no charge.
5. Withdrawing Consent. You have the right to withdraw your consent to electronically sign any document or to receive electronic communications at any time. If you wish to decline to sign any document with your E-Signature, click “Decline”. If you wish to withdraw your consent to receive electronic Disclosures, contact us at email@example.com. If you decide to withdraw your consent, the legal validity and enforceability of prior Disclosures will not be affected. You acknowledge that withdrawing your consent will affect the speed at which we can complete certain steps in transactions with you and deliver services to you.
6. Changes to Your Contact Information. You should keep us informed of any change in your electronic or mailing address. You may contact our Customer Support team at firstname.lastname@example.org regarding any such changes.
7. Amendments and Notices. We may notify you through email when a Disclosure or amended agreement pertaining to your relationship with us is available. If any amendment results in additional costs or liability to you or changes your access to your account, we will give at least 7 days prior notice of the change to the extent required by applicable law. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity and/or security of the system and accounts. It is your responsibility to log into your account regularly to check for Disclosures and to check for amendments to this Agreement for which prior notice may not have been given.
8. Hardware, Software and System Errors. Before you decide to do business electronically with us, make sure you have the required hardware and software capabilities necessary to do so. You are responsible for installation, maintenance, and operation of your computer/device, browser and system software. We are not responsible for errors or failures from any malfunction of your computer/device, browser or software. We are not responsible for computer viruses or related problems associated with use of an online system. REQUIRED HARDWARE AND SOFTWARE. (subject to change) Operating Systems Windows 7, 8.1, 10.x; Apple iOS 10 or higher, Android 5.0 or higher Browsers (for E-Signatures): Internet Explorer 10.x or above, FireFox v50. or above, Chrome 58 or above, Safari 5.x or above (Mac or iOS only) Email: Access to a valid email account Screen Resolution: 1024 x 768 minimum Enabled Security Settings: Allow per session cookies
BY COMPLETING AND SUBMITTING THIS FORM, YOU ACKNOWLEDGE THAT: ·
YOU CAN ACCESS, READ AND PRINT THIS ELECTRONIC DISCLOSURE, ·
YOU CAN SAVE THIS DISCLOSURE FOR FUTURE ACCESS, AND ·
YOU CONSENT TO HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.
For any questions, please email email@example.com