This E-SIGN Agreement and Consumer Disclosure and Consent to Receive Notices and Disclosures Electronically (the “Disclosure”) governs the terms and conditions pursuant to which Laredo Fire Department Federal Credit Union, (“LFDFCU”) and you may enter into agreements, receive disclosures and transact business via electronic means. This Disclosure describes your rights and obligations with respect to electronic transactions and disclosures as well as processes that will enable you to exercise these rights and meet these obligations. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by checking the “Terms and Conditions” acceptance box on the appropriate online membership enrollment screen. To the extent that this Disclosure conflicts with any other agreement or disclosure governing electronic disclosures, documents or signatures, the agreement or disclosure for a specific product or transaction shall control with respect to such specific product or transaction.
I. Consent to receive documents electronically.By checking the “Terms and Conditions” acceptance box when opening your membership through our online membership enrollment, you expressly agree that we may send any required disclosures, periodic statements, agreements or information to you by electronic communication to the extent permitted by law. You further agree that any electronic signature used by you is valid and binding. The term electronic communication means a message transmitted electronically in a format that allows visual text to be displayed on electronic equipment such as a personal computer monitor. The term electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by you with the intent to sign such record and specifically includes checking any box on any online form used by LFDFCU to obtain your consent or acknowledgement. Your consent will remain in effect unless and until you withdraw such consent pursuant to the procedures described below.
II. Right to receive paper copies of documents.
At any time, you may request from LFDFCU a paper copy of any record provided or made available electronically to you by LFDFCU. We reserve the right to assess a fee for providing paper copies.
You will have the ability to download and print documents LFDFCU sends to you during your online account opening session.
III. Withdrawing your consent to receive documents electronically.
If you decide to receive notices and disclosures from LFDFCU electronically, you may at any time change your mind and tell LFDFCU that thereafter you want to receive required notices and disclosures only in paper format. However you must inform LFDFCU of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically as described below.
IV. Covered notices and disclosures.
The scope of disclosures covered by this consent may include consumer share account applications or consumer loan applications, and related agreements, disclosures, periodic statements and instructions.
V. Notices and disclosures will be sent to you electronically.
Unless you tell LFDFCU otherwise in accordance with the procedures described herein, LFDFCU may provide electronically to you select required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of LFDFCU’s relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, LFDFCU prefers to provide all of the required notices and disclosures to you by the same method and to the same address that you have given LFDFCU. Thus, you may receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let LFDFCU know as described below.
VI. How to contact LFDFCU.
You may contact LFDFCU to let us know of your changes as to how we may contact you electronically. To request paper copies of certain information from us and to withdraw your prior consent to receive notices and disclosures electronically, you must call our main branch at (956) 722-7841 during regular business hours, write to us at Laredo Fire Department Federal Credit Union, Attn: Member Services Department, 5002 Tesoro Plaza, Laredo, TX 78041, or send a secured message to firstname.lastname@example.org.
VII. Hardware and Software Requirements
In order to contract electronically with LFDFCU and to receive disclosures and notices in electronic format from LFDFCU, you must have:
• A computer with an internet connection
• An internet browser such as Microsoft Internet Explorer, Firefox, Safari or Chrome;
• A PDF reader.
LFDFCU reserves the right to require you to obtain additional or upgraded technology from time to time in order to use the Services. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone company or Internet service provider. If these hardware and software requirements change in a manner that creates a material risk that you will not be able to access or retain subsequent electronic notices or disclosures, (a) we will provide you with the revised hardware and software requirements, and (b) you will be asked to re-accept (or withdraw your consent to) the Disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.
VIII. No Warranties/Limitation of Liability.
LFDFCU makes no warranty that LFDFCU’s electronic delivery of documents to you will be uninterrupted or error free. Further, you are solely responsible for the selection, maintenance and operation of the hardware and software that you use to receive electronic disclosures and otherwise transact business electronically. LFDFCU is not responsible for any errors or failures (or any damages arising out of such errors or failures) resulting from your hardware or software or any virus problems that may be associated with the use of an online service. Further, LFDFCU is not liable for your failure to comply with the terms of this Disclosure (including those relating to withdrawal of your consent), interruptions in the delivery of electronic documents due to problems with your equipment or with communication and transmission lines, or any other occurrence beyond LFDFCU’s reasonable control. TO THE EXTENT PERMITTED BY LAW, LFDFCU DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. TEXELL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE ACTIVITIES COVERED BY THIS DISCLOSURE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LFDFCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IX. Governing Law.
This Disclosure is governed by the laws of the State of Texas and by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001-7006).
X. Acknowledging your access and consent to receive materials electronically.
To confirm to LFDFCU that you can access this information electronically, which will be similar to other electronic notices and disclosures that LFDFCU 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 email 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 checking the “Terms and Conditions” acceptance box button on the appropriate online membership opening screen.
By checking the “Terms and Conditions” acceptance box on the appropriate online membership enrollment screen, you confirm that:
• You can access and read this E-SIGN AGREEMENT AND CONSUMER DISCLOSURE AND CONSENT TO RECEIVE NOTICES AND DISCLOSURES ELECTRONICALLY document; and
• You can print on paper the disclosure or save or send the disclosure to a place where you can print it for future reference and access; and
• Until or unless you notify LFDFCU as described above, you consent to receive the covered notices and disclosures electronically; and
• You fully understand and agree with the terms and conditions set forth herein.