E-Sign Disclosure and Consent Agreement
In this E-SIGN Disclosure and Consent Agreement ("E-Sign Consent"):
- "Account" or "Accounts" is each account, now or in the future, that you hold with us, are authorized to administer or for which you are designated as authorized signer, or a trust or other fiduciary account in which you have an interest that gives you legal authority to receive information or which is subject to the provision of a Service by us.
- "Communication" is defined in Section 1 below.
- "Electronic Delivery" is the act of delivering Communications using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar electronic means as set forth in Section 2 below, including through our websites or mobile applications.
- "Service" is any product or service that we offer for which Communications are required or permitted to be delivered.
- "We," "us," "our," "CU1" refer to Credit Union 1 that provides you one or more Accounts or Services and such credit union’s affiliates and subsidiaries or our agents, assignees or service providers.
1. Consent and Scope of Communications to be Provided Electronically
We are required by law, regulation or agreement to give you certain information "in writing." With your consent, we can provide this information to you by Electronic Delivery. We also need your general consent to use electronic records and signatures in our relationship with you.
You agree that for all Communications for all Accounts and Services we may (i) use Electronic Delivery and, at our discretion, terminate paper delivery of Communications to you and (ii) use and obtain electronic signatures from you in each case unless and until you withdraw your consent to this E-Sign Consent as described in Section 4 below. This E-Sign Consent applies to all Communications for all Accounts and Services, except to the extent it conflicts with the terms and conditions of a separate electronic disclosure and consent with respect to such Accounts and Services.
"Communications" include, but are not limited to, the following:
- All legal, regulatory or other disclosures associated with an Account or Service;
- All periodic statements for an Account or Service, along with any notices related to such statements that we are required or permitted to include with paper statements;
- Member material including proxy materials, periodic reports, corporate actions (e.g., merger and/or acquisition information), fact sheets, newsletters, announcements, and other similar disclosures, material or information;
- Investment materials, including any Communication or disclosures required or permitted to be delivered to you in connection with any investment, strategy, or opportunity;
- Documents related to the administration, management, investment, and distribution of Accounts or Services owned or used by trustees or other fiduciaries;
- Confirmations for transactions made for or against an Account, as well as any document, notice, or other information which we are required or permitted to deliver with such confirmations;
- Documents evidencing, governing or related to credit offerings, including, without limitation, secured and unsecured extensions of credit, mortgage loans and home equity lines of credit, requested by you as well as notices, confirmations, authorizations, or other information which we are required or otherwise choose to send in relation to such credit offerings;
- Tax forms and reports ("Tax Documents") relevant to an Account or Service, including tax forms which we are required or permitted to deliver via Electronic Delivery including, but not limited to, forms in the 1098 and 1099 series and Schedules K-1. Please see the section titled "Additional Provisions for Tax Documents" below for additional terms for electronic delivery of Tax Documents;
- Marketing materials; and
- Any other document or other information required to be provided "in writing" or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.
2. Method of Electronic Delivery
All Communications (including alerts that Communications have been provided or posted) that we provide to you electronically will be provided by one or more of the following methods:
- Electronic messaging (such as e-mail, or SMS text or push notification to your mobile device);
- By access to a web site, including our mobile websites or websites of third party service providers who we engage to deliver Communications through Electronic Delivery, that we will designate in a notice we send to you via electronic messaging at the time the information is available or that we will generally designate in advance for such purpose;
- Via our mobile applications; or
- By requesting you download a Hyper Text Markup Language ("HTML") file or Portable Document Format ("PDF") or other specified electronic file containing the Communication.
Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us for Electronic Delivery purposes belongs to you or to a person who has authority to act for the Account or Service or, where relevant, to make transactions against the Account.
You should print, download or otherwise retain a copy of this E-Sign Consent and all other Communications provided by Electronic Delivery.
3. Hardware and Software Requirements
In order to access, view, and retain electronic Communications, you must have:
- An active CU1 User ID and Password;
- Access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, or downloading our mobile apps (i) an operating system, such as Windows, Mac OS, iOS or Android, and (ii) a web browser, such as Internet Explorer, Chrome, Safari or Firefox, that we support.
- A connection to the Internet;
- Local electronic storage capacity to retain Communications and/or a printer to print them;
- A valid e-mail account and software to access it;
- Software that enables you to view and display files in HTML and PDF format.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.
4. How to Withdraw Consent
Withdrawal of consent for certain Communications may result in a fee or change in fee for some Accounts. Please refer to your account agreement for additional information. We will not impose any fee to process the withdrawal of your consent to receive Communications by Electronic Delivery. However, your access and use of the Services or certain features of Accounts and Services may be terminated. Any withdrawal of your consent to receive Communications by Electronic Delivery will be effective only after we have a reasonable period of time to process your withdrawal.
At our option, we may treat the provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Communications by Electronic Delivery.
A withdrawal of consent does not apply to a tax document that was provided electronically before the date on which the withdrawal of consent takes effect. However, after withdrawal of consent, to the extent that we are required to provide additional tax documents to you, we will provide them on paper.
To withdraw your consent:
- Call us at 800.252.6950
- Write us at Credit Union 1, 200 E. Champaign Ave, Rantoul, IL 61866
- Email us at [email protected]
- Tell us your name, account number and the description of your request.
5. How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, mobile telephone numbers (if provided), and other information related to this E-Sign Consent and your Accounts, and to maintain and promptly update any changes to this information.
You can update your records through the methods described below:
6. Requesting Paper Copies
You should not expect to receive a paper copy of any Communications unless you request it. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the Communication to you by Electronic Delivery. We may charge you a reasonable service charge, with prior notice of any such charge, for the delivery of paper copies of any Communication provided to you electronically pursuant to this E-Sign Consent.
To request paper copies of electronic Communications:
7. Accounts with Multiple Owners or Authorized Persons
Each Account owner may provide an email address for the Account in connection with each owner’s consent to receive electronic Communications. Only one account owner's authorization is required to enroll in Electronic Delivery for Communications and to manage preferences for any category of Communications including Account statements.
For purposes of electronic notification for paperless statements and other Communications on a joint or multiple owner Account, you agree that electronic notifications for such Communications delivered to the email address of the Account owner who enrolls in Electronic Delivery for such Communications will constitute delivery to all Account owners, even if all Account owners may not have access to such email address.
If you have designated one or more interested parties to receive paper copies of certain Communications, they will continue to receive copies of such Communications via U.S. mail.
In the case of an Account with multiple authorized persons, in circumstances in which we can only act on the electronic instruction of a single person, including, without limitation, elections for corporate actions, we may, at our sole discretion, act upon the electronic instruction of any authorized person without the consent of the other authorized persons or accountholders. Additionally, in the case of an Account with multiple authorized persons, we may, in our sole discretion, deliver Communications by paper to all accountholders or authorized persons, if not all accountholders or authorized persons have consented to this E-Sign Consent.
8. Additional Provisions for Tax Documents
By consenting to this E-Sign Consent, you affirmatively consent to the delivery of any Tax Documents through Electronic Delivery. Each of the following applies to the Electronic Delivery of Tax Documents:
- You are not required to receive Tax Documents through Electronic Delivery. If you elect not to receive Tax Documents electronically, we will provide you with a paper copy by postal mail.
- Your election to receive Tax Documents through Electronic Delivery allows us to use Electronic Delivery to deliver any Tax Document which we are legally permitted to provide to you now or at any time in the future until such time that you withdraw your consent.
- You may receive a paper copy of any Tax Document by requesting a paper copy of such Tax Document through the procedures set forth in the section titled "Requesting Paper Copies" above. Requesting a paper copy of a Tax Document will not be treated as a withdrawal of your consent to this E-Sign Consent.
- You may withdraw your consent to this E-Sign Consent at any time through the procedures set forth in the section titled "How to Withdraw Consent" above. Changing your preferences regarding Electronic Delivery of Tax Documents will withdraw your consent for Electronic Delivery on all Communications. Withdrawal of consent to Electronic Delivery of Tax Documents will include Tax Documents previously provided through Electronic Delivery; such Tax Documents may continue to be provided by requesting a paper copy following the procedures set forth in the section titled “Requesting Paper Copies” above. We will send you paper copies of Tax Documents we are required to provide after you withdraw your consent.
- The delivery of Tax Documents through Electronic Delivery may be terminated at any time by us. Further, we may make certain Tax Documents available electronically only for a limited time. Certain Tax Documents that are provided electronically may have to be printed out and attached to a federal, state or local income tax return.
- If you need to update any information relevant to Electronic Delivery of Tax Documents, you may request that such information be updated through the procedures set forth in the section titled "How to Update Your Records" above.
- We will notify you when each Tax Document is available. We may notify you by mail or electronically, for example, by sending you an email. We will notify you if any Tax Document is undeliverable.
- A description of the hardware and software required to access, print, and retain Tax Documents are set forth in the section titled "Hardware and Software Requirements" above.
9. Governing Law
You acknowledge and agree that your consent to this E-Sign Consent is provided in connection with a transaction affecting interstate commerce, that it is subject to the federal Electronic Signatures in Global and National Commerce Act (the "E-SIGN Act"), and that you and we both intend that the E-SIGN Act apply to the fullest extent permitted by law.
We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
11. Acceptance and Consent
By consenting to this E-Sign Consent, you agree to the following statements:
- I have read, understand and agree to be bound by the terms and conditions contained in this E-Sign Consent, and consent to receive Communications and execute documents via Electronic Delivery according to the process described herein;
- I am able to download and review files in PDF format, and I have internet access and can send and receive emails with links to websites;
- Certain Communications may be delivered to me in paper form and in the future some or all of these Communications may be made available for me to view electronically in accordance with this E-Sign Disclosure;
- My consent to receive Communications electronically does not automatically expire and is not limited as to duration;
- I may incur costs, including but not limited to online time and other charges from my internet service provider or telephone carrier in accessing and/or viewing Communications;
- I am authorized to provide consent, as well as Electronic Delivery elections and instructions, on behalf of all co-applicants for, and co-owners of, any of my Accounts;
- I may terminate or suspend Electronic Delivery at any time at my discretion;
- Credit Union 1 and its agents will not be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this E-Sign Consent;
- Communications provided along with my account statements contain important information or disclosures concerning my Accounts or Services and I agree to review such Communications in a timely manner;
- CU1 uses commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered information. CU1’s security consists of 128-bit encryption of the data to protect it while in transit over the Internet. I understand that these industry standards are dynamic and constantly developing. By accepting this E-Sign Consent, I acknowledge and understand that there are risks to electronic delivery, including, but not limited to, delay or failure of delivery due to technical difficulties, weather conditions, matters beyond CU1’s reasonable control, or interruption and/or alteration of electronically delivered information by third parties in spite of CU1’s commercially reasonable security measures;
- I represent that I have considered CU1’s security measures and find that CU1’s security measures are commercially reasonable. If I conclude that CU1’s security procedures cease to be commercially reasonable in the future, I will terminate this agreement immediately in accordance with the procedure outlined above;
- I agree not to allow anyone to gain access to the service or to let anyone know my password used with the service. I further agree that CU1 has no control as to the persons who have access to my personal device and password. CU1 will not be liable for any unauthorized access to my personal device using my password. I agree that it is my responsibility to initiate and maintain the highest level of password security procedures to prevent any unauthorized access to my personal device or unauthorized use of my password; and
- I agree any applicable time periods within which I must notify CU1 of any errors on my account statement(s) shall begin on the day it is made available to me, regardless of when I receive and/or open the document.