This E-sign Disclosure and Consent (“E-sign Consent”) applies to all records and communications for services provided by Summer, PBC (“Summer”) including all communications related to the services provided by Summer to a customer and the services described in the Terms of Service (www.meetsummer.com/utility/terms) provided to an end user, as well as any accounts created by customers or end users in relation thereto (each an “Account”), any modification or amendments hereto or thereto; any policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law.
a. Records and Communications May be Provided in Electronic Form. You agree that we may provide you with Records and Communications in electronic format. Your consent to receive electronic Records and Communications includes, but is not limited to:
- All legal and regulatory disclosures and communications for Summer services;
- Account statements related to Summer services;
- Notices or disclosures about a change in the terms governing use of Summer services;
- Privacy policies and notices.
b. Providing Records and Communications in Electronic Form. All Records and Communications to you in electronic form may be provided (i) by email, (ii) by access to a website designated in an email notice from Summer to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.
c. How to Withdraw Consent. You may withdraw your consent to receive Records and Communications in electronic form by contacting us at support@meetsummer.com. Any withdrawal of your consent to receive electronic Records and Communications will be effective only after we have a reasonable period of time to process your withdrawal. The consequences of withdrawing electronic consent vary by service type. For bank-sponsored custodial accounts, withdrawal of electronic consent will not result in account closure or termination of banking services. See OMB Bank Electronic Disclosures Terms and Conditions.
d. How to Update Your Information. You are responsible to provide us with true, accurate and complete email address, contact and other information related to this E-sign Consent and to Summer services and to maintain and update promptly any changes in that information. You can update your information by contacting us at support@meetsummer.com.
e. Hardware and Software Requirements. In order to access, view and retain electronic Records and Communications that we make available to you, your system must have the following necessary hardware and software:
- You must have a personal computer or other access device, with an operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing communications received from us in electronic form;
- You must have an Internet web browser which is capable of supporting 128bit SSL encrypted communications;
- You must have sufficient electronic storage capacity on your computer's hard drive or other data storage unit;
- You must have software which permits you to receive and access Portable Document Format, or "PDF" files, such as Adobe Acrobat Reader "copyright."
- You must have a mobile phone which is capable of receiving messages to enable multi-factor authentication;
- To retain a copy of the requested file, your system must have the ability to either download or print PDF files.
We will notify you of any change in the hardware or software requirements needed for access to or retention of electronic records.
f. Requesting Paper Copies. We will send no paper copy of any Records and Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Records and Communications by printing it yourself or by requesting that we mail you a paper copy of a particular Record or Communication. To request a paper copy of a particular Record and Communication be mailed to you, contact us at support@meetsummer.com and we will comply if reasonably possible. Please make sure to state that you are requesting a paper copy of a particular Records and Communications.
g. Records and Communications in Writing. All Records and Communications in electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this E-sign Consent and any other Records and Communications important to you.
h. Federal Law. You acknowledge and agree that this E-sign Consent is being provided by you in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and Summer both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
i. Termination/Changes. Summer reserves the right, in our sole discretion, to discontinue the provision of electronic Records and Communications, or to terminate or change the terms and conditions on which we provide electronic Records and Communications. We will provide you with notice of any such termination or change as required by law.
j. Consent. You hereby give your affirmative consent to receive electronic Records and Communications as described in this E-sign Consent. You further agree that your computer or other device satisfies the hardware and software requirements specified above and that you have provided Summer with an email address at which we may send you electronic Records and Communications.
k. Mobile Contact. If you give a mobile phone number directly to us (e.g. as part of the sign-up process), you consent to and agree to accept text/SMS messaging related to the servicing of your account to your mobile phone from us and our agents. For any informational or service related messaging, text messages placed to you by us or our agents, you consent and agree that those messages may be automatically sent. You may incur fees from this contact by your mobile service provider. You are not required to consent to marketing messages as a condition of using the Summer services. You may withdraw your consent to receive text/SMS messaging at any time by responding “UNSUBSCRIBE”. Please note that opting out of certain messages may impact your ability to fully use the Summer services.
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