This E-Sign Consent Agreement (“Agreement”) constitutes your consent to receive Communications in electronic form and to use electronic signatures in all transactions between us. In connection with our services, Nearside is required by law to provide you with certain disclosures. With your consent, the E-SIGN Act allows us to provide these documents to you electronically and use electronic signatures for contracts.
Your consent is voluntary, but we cannot process your application or provide any products to you if you do not consent. If you are unable or unwilling to receive Communications electronically, you should not use Nearside’s services.
1. Scope of this Agreement
This Agreement applies to all communications, agreements, documents, notices and disclosures (collectively, "Communications") that Nearside provides to you in connection with any inquiry, account, or accompanying services available through www.nearside.com or any of its subdomains. By clicking the box next to “I agree to E-Sign Consent”, this consent manifests your consent and agreement to the following terms:
- Nearside may provide disclosures required by law relating to our services and any other information about your legal rights and duties and your account to you electronically.
- Nearside may send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address or mobile telephone number that you have provided to us.
- Nearside may notify you via email when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever we send you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
- Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
This consent applies to any transaction or service with us in the past, to all future disclosures and communications on your account, to all future transactions in which you use our services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
2. Electronic Delivery of Documents
In order to proceed with the application process you must consent to electronic delivery of information and disclosures. If you do not want to consent to electronic delivery of information/disclosures, you will not be able to proceed with the application process. This
consent applies to all documents made available as part of the customer relationship, and can include, but is not limited to:
· Disclosures or notiﬁcations required under applicable laws and regulations
· Periodic statements
· Changes in terms
· Adverse action or approval notices
· Application status notices, including updates and requests for application documentation
· USA PATRIOT Act Notice
· General Information
· Nearside Products Terms and Conditions
We reserve the right to send Disclosures and other information to you in paper form, but doing so will not negate your consent herein or require us to send paper documents at any other time in the future.
3. System Requirements
By consenting to this agreement, you confirm that your personal computer or electronic access device meets the minimum specifications and requirements necessary to view and retain your electronic Communications. In order to access and retain your electronic Communications, you will need:
- a current version of an internet browser,
- a connection to the Internet,
- a current version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader), and
- a computer and an operating system capable of supporting all of the above.
You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
To conﬁrm that you can access a document in a PDF format, please click here.
If you cannot access the document, you need to obtain the necessary Adobe software that can be downloaded at no cost on Adobe’s website at https://acrobat.adobe.com/us/en/acrobat/pdf-reader.html. If you click on this link, another browser window will open and you will be directed to Adobe’s website.
If you ever have trouble accessing, receiving, or retaining electronic communications, check the Systems Requirements above or contact us at firstname.lastname@example.org.
4. Your Contact Information
To ensure that you receive and have access to electronic information, you will need to keep your contact information (email address, phone number, physical address, and any other information necessary to contact you) current with us. If you do not update/maintain your contact information, thus possibly precluding Nearside from communicating with you, you agree not to hold Nearside liable for any loss or damage that may result.
In order to agree to this Consent Statement and receive electronic communications, you must provide and maintain with us with a valid and working email address for yourself. This email address is referred to as the “Servicing Email Address.” You agree that we may use the email address you have provided us for use with the Card as the Servicing Email Address for that Card. You agree that the email address we use as the Servicing Email Address will at all times be a valid and working address, and that you will provide us with a new email address to use as the Servicing Email Address if you cease using the email address previously designated as the Servicing Email Address or if you learn it no longer properly operates or if you can no longer access it. Additionally, you agree that if the Servicing Email Address most-recently provided to Nearside does not appear to be valid or working, we may contact you via legally permissible means including via mail to the physical address and phone call to the telephone number(s) you have provided to us to request update of the Servicing Email Address. We reserve the right to suspend or terminate your Card in the event that the Servicing Email Address ceases to be a valid or working email address. If at any time the Servicing Email Address is an address shared with another person or entity, you agree that Nearside may attribute to you receipt of any electronic communications sent to that email address even if another person receives them, does not provide you with notice about them, or deletes them. You agree to instruct any person who shares or has access to the Servicing Email Address to promptly show you electronic communications sent to that email address.
You conﬁrm all of the following to us: (1) the computing, mobile, or other communications device(s) you use to receive and access electronic communications meet(s) the requirements in the “Hardware and Software System Requirements” section above; (2) you have the ability to access a PDF document using such a device; (3) you meet, and during the time this Consent Statement is in eﬀect, you will continue to meet, the Servicing Email Address requirements set forth in the “Servicing Email Address” section above; and (4) that we will send you legally required notices and communications in electronic and not paper form with respect to your Nearside card, except as we reserve the right to send you legal notices and other communications in paper form as set forth in this Consent Statement.
6. Withdrawing Consent
You are free to withdraw your consent to receive Communications electronically at any time. To begin receiving Communications in paper form, please contact us at email@example.com or at the following number 1-888-516-2369 during our operating hours from 9AM-5PM PST, Monday through Friday.
If you withdraw your consent to this Agreement:
- Copies of Communications will be mailed to the address we have on file for you.
- The legal effectiveness, validity and/or enforceability of prior Communications delivered in electronic form will not be affected.
- The Company will not impose a fee to process the withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after the Company has had a reasonable period of time in which to process your withdrawal request. If you choose to withdraw consent, the option to electronically download documents and records from the website in addition to receiving statements and notice via USPS shall remain.
7. Legal Effect
Your consent to this E-Sign Consent means that Disclosures that Nearside provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Nearside had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 4 above, prior to receiving such Disclosures. You also agree that Nearside is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by Nearside’s failure to send such a notice to the phone number or email address you have provided for that purpose.
8. Communications in languages other than English
Please note, we may be unable to fulfill and service our products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider taking steps to ensure you understand the transaction before entering into it. Our terms, disclosures, forms, and communications are produced in English. For your convenience, we may provide a Spanish translation if available. You agree that the English version is always the controlling communication.
You acknowledge that we may amend this policy at any time by posting a revised version on our website, www.nearside.com. Nearside reserves the right to amend and update this Policy at any time, with or without notice to you. However, if changes are material or aﬀect your ability to access your account information, we will notify you by electronic or other means.
Last Update: November 16, 2021