Electronic Communication Consent

We want to provide you with communications electronically.Certain laws and regulations require us to provide communications to you “inwriting,” which means you may be entitled to receive the information on paper.The E-SIGN Act allows us to provide you communications electronically and toconduct transactions with you electronically, with your consent.

Please read this Evolve Bank & Trust ElectronicCommunication Consent (the “Consent”) carefully prior to providing us with yourconsent. This Consent describes how we deliver and receive communications toand from you electronically and asks you to consent to use electronic recordsand signatures in our relationship with you. If you do not agree to thisConsent or you later withdraw your consent provided herein, you may not be ableto continue to use our services.

DEFINITIONS

We”, “us”, and “our” means Evolve Bank& Trust, its current or future affiliated companies, agents, assignees andservice providers.

You” and “your” mean each applicant, accountowner and anyone else with access to the account. If there is more than oneowner, then these words mean each account owner separately, and all accountowners jointly.

Communication” means each application, agreement, disclosure,notice, fee schedule, response to claims, statement, privacy policy, record,document and other information related to your account or to any Product, orthat you sign, submit or agree to at our request.

Product” means each and every account, product orservice we offer or will offer.

The words “include” and “including,” when used at thebeginning of a list of one or more items, indicates that the list containsexamples and is not exclusive or exhaustive, and the items in the list are onlyillustrations.

Scope of Communications to be Provided in Electronic Form.

This Consent applies to all Communications and Products. Byapplying for or using a Product, you agree that any Communications will beprovided in electronic format, to the extent allowed by law, and that paperCommunications will not be sent. Your consent to receive electronicCommunications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications     associated with the Product
  • The Account Terms, including any amendments thereto, and any     and all agreements by and between you and us that relate to a Product;
  • Privacy policies and notices;
  • Responses to claims filed in connection with a Product;
  • Statements; and
  • All other communications between us and your concerning the     Product and any related transactions, products or services.

Sometimes the law, or our agreement with you, requires youto give us a written notice. You must still provide these notices to us on paper,unless we specifically tell you in another Communication how you may deliverthat notice to us electronically.

We reserve the right, at our sole discretion, to discontinuethe provision of electronic Communications, or to terminate or change the termsand conditions upon which electronic Communications are provided. We willprovide you with notice of any such termination or change as required by law.

Method of Providing Communications in Electronic Form.

All Communications that we provide in electronic form willbe provided either (1) by e-mail or (2) by access to a website designated in anemail notice from us, (3) through the any mobile application we may makeavailable, (4) to the extent permitted by law, by access to a website generallydesignated in advance for such purpose, or (5) in the manner specified in anyother agreement we or our affiliates have with you.

If you seek to obtain a new product, service or account withus, we may remind you that you have already consented to receiving electronicCommunications and using electronic signatures in your relationship with us.

Continuing to use our Products after receiving updates toour system requirements signifies your acceptance of the change andreaffirmation of your consent.

Keeping your Records Current.

It is your responsibility to provide us with a true,accurate and complete e-mail address, street address, and other informationrelated to this Consent and a Product, and to maintain and update promptly anychanges in this information. You can update information (such as your e-mailaddress) by contacting us at contact@tokenizer.cc. [FB1] We are not responsible for any delay orfailure in the receipt of the Communications if we send the Communications tothe last e-mail address you provided to us.

System Requirements for Accessing Communications.

In order to access, view, and retain electronicCommunications that we make available, you must have:

  • computers capable of running one of these compatible     browsers:
  • Internet Explorer Version 9.0 or higher.
  • Firefox Version 35 or higher.
  • Safari Version 6.1 or higher.
  • Chrome Version 38 or higher.

OR

  • an Apple iPhone running iOSversion 9.0 or higher.
  • an Androiddevice running Android version 5.0 or higher.
  • Access to anactive e-mail account with an email service     provider.

We may update these requirements as necessary to preservethe ability to receive electronic Communications. If there is a substantialchange in these requirements, you will be notified as required by law.

Requesting Paper Copies.

We will not send paper copies of any Communication; however,we reserve the right, but assume no obligation, to provide a paper (instead ofelectronic) copy of any Communication that you have authorized us to provideelectronically. You can obtain a paper copy of an electronic Communication byprinting it or by requesting that we mail a paper copy. To request a papercopy, call us at (833)-994-0430 during normal business hours, except fornational holidays. There may be a fee associated with the request for thedelivery of paper copies of any Communication provided electronically pursuantto this Consent.

Communications in Writing.

All Communications in either electronic or paper format fromus to you will be considered “in writing.” You should print or download a copyof this Consent and any other Communications for your records.

Withdrawing Your Consent

You can withdraw your consent to receive Communicationselectronically at any time. Your withdrawal of consent will become effectiveafter we have had a reasonable opportunity to act upon it. To withdraw yourconsent to receive Communications electronically, you must contact us bye-mailing at contact@tokenizer.cc.[FB2] 

If you withdraw consent, your access to all Products will beterminated and any account you have with us will be closed and funds will bereturned to you in accordance with the account agreement. If you withdrawconsent, the legal validity and enforceability of prior Communicationsdelivered in electronic form will not be affected.

 

Consent

By applying for or using a Product or by checking any callto action (including “I Agree” or similar language), you give us affirmativeconsent to receive electronic Communications as described herein.

By providing your consent, you are also confirming that youhave the hardware and software described above, that you are able to receiveand review electronic Communications, and that you have an active emailaccount. You are also confirming that you are authorized to, and do, consent onbehalf of all the other account owners, authorized signers, authorizedrepresentatives, delegates, product owners and/or service users identified withyour Products.

 

 [FB1] Insert customer support email here

 [FB2]Insert customer support email here

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