E-SIGN CONSENT AND AGREEMENT TO USE ELECTRONIC SIGNATURES AND RECORDS
As part of your relationship with us, we are required by law to give you certain information in writing, which means you are entitled to receive it on paper. We may provide this information, and other documents, to you electronically instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you.
Please read the information below carefully and if you can access this information electronically to your satisfaction and agree to the terms and conditions provided herein, please confirm your agreement by consenting to this E-SIGN Consent and Agreement to Use Electronic Records and Signatures (this "E-Consent").
Please read this E-Consent carefully and retain a copy for your records.
In this E-Consent:
"We," "us," "our," or the "Bank" means Fremont Bank and/or its subsidiaries.
"You," or "your" means the client and/or the Account owner at the Bank who has authority to bind the client to this E-Consent.
"Account" means any account(s) you have with the Bank now, or in the future, including, but not limited to, any deposit account, any loan-related account, or any other type of account where the Bank provides financial services to you.
"Authorized Email Address" means any email address provided to us by you, or your authorized representative, as your email address or the email address of your authorized representative.
"Communications" means any notices, disclosures, authorizations, agreements, Account statements, acknowledgements and other documents that we are required, or we otherwise elect, to provide or make available to you, or that you submit, execute or agree to in connection with your relationship with us.
"Current Version" means a version of software that is currently being supported by its publisher.
Consent to Electronic Delivery. By accepting this E-Consent, you agree and consent that any Communications may, at our option, be sent to you in the form of an electronic record and may be executed using electronic signatures. Your consent under this E-Consent shall apply to all Communications we may provide with respect to any and all Accounts, products or services you elect to receive from us now or in the future, unless and until you withdraw your consent to this E-Consent as described below. Your consent applies to all Accounts you own or are authorized to administer, or for which you are designated as an authorized signer or beneficiary.
We may call you or send you text messages at the phone number(s) reflected in our records in connection with our electronic Communications to you. Our calls and text messages to your mobile/cellular telephone numbers could result in charges to you.
You agree that we, or our agents, may contact you at any telephone number or E-Mail Address you provide to us, including any mobile phone number. You consent and authorize us to call, E-Mail, or send you text messages. You acknowledge and agree that such telephone calls include, but are not limited to, text messages, live telephone calls, prerecorded or autodialed calls to any telephone number(s) you provide, regardless of whether or your phone number is on any Do Not Call list. This consent is your express written consent as may be required by the Telephone Consumer Protection Act (TCPA), or other relevant rules or regulations related to us, or our agents, calling, emailing, or texting you. Your service provider may impose a charge for those calls/messages. You understand that consent is not a condition of our providing any financial services to you, and you may opt out at any time.
We may provide you with any Communications on paper, in our sole discretion, even though you have authorized electronic delivery. You must provide such Communications to us on paper unless we notify you how to deliver the notice to us electronically.
Consent to Electronic Records and Signatures. You agree and consent that, notwithstanding any other provision in any agreement between you and us, whether now existing or entered into the future, that:
An electronic copy of a signed Communication shall be considered as effective as an original.
At our option, any Communication may be in the form of an electronic record and may be executed using electronic signatures.
Communications may be sent electronically by us (i) by sending the Communication to your Authorized Email Address, (ii) by posting the Communication on our website, including through online banking services, or (iii) posting Communications on a website and sending a notice to your Authorized Email Address.
In the absence of actual notice of non-delivery received by us, Communications sent electronically pursuant to this paragraph shall be effective when sent and shall constitute notice of the Communication.
We may, at our option, use or accept manually signed paper Communications which have been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. If any promissory note issued to us, as lender, is electronically executed by you or your authorized representative ("Electronic Note"), you agree that we (and any person to whom we later transfer the Electronic Note), shall have the right to convert the Electronic Note at any time into a paper-based Note ("Paper-Based Note"), which will be an effective, enforceable and valid original written instrument. You also agree that (i) the execution of the Electronic Note will be deemed issuance and delivery of the Paper-Note, and (ii) the printing of the representation of the electronic signature(s) upon the Paper-Based Note will be deemed the original signature(s) on the Paper-Based Note and will serve to indicate the signer’s present intention to authenticate the Paper-Based Note.
It is intended that this E-Consent (together with the definition of "Communication" as used in this E-Consent is and will be deemed integrated into, and form a part of, all agreements between you and us, whether now existing or entered into the future.
Right to Withdraw Consent. You may withdraw your E-Consent at any time, and receive paper Communications instead. To inform us that you no longer wish to receive Communications electronically, please email us through your online banking service, or by notifying us by phone, in writing, or by sending instructions to us by e-mail at the contact information provided below. [In the body of the electronic message by email or through online banking, please provide us with (a) your Authorized e-mail address, (b) your full name, (c) your mobile number, and (d) the Account numbers you wish to be covered by your withdrawal.
Consequences of Withdrawing Your E-Consent. If you elect to receive required Communications only in paper format, we will provide documents to you via U.S. Postal Service to your address of record. This may delay your transaction or your receipt of Communications by us to you because of the time required to transmit paper between you and us.
Any withdrawal of your E-Consent will be effective only after we have a reasonable period of time to process your withdrawal.
Withdrawing your Consent will not affect the legal effectiveness, validity, or enforceability of any Communication that was already provided before your withdrawal became effective.
Additionally, depending on the nature of the Account, product or service we provide you, withdrawing your E-Consent may result in losing a discount or incur a service fee, or the withdrawal may result in a termination or conversion of "digital only" accounts and services into a different or related account or service. Please refer to your account documents, or other related documents from us, for additional information.
Right to Paper Record and Our Contact Information. You may request copies of any Communication we sent you. We may charge you a fee for providing documents. You may make such request to receive paper copies of Communications to you by sending instructions to us by e-mail, in writing or by phone, at the address and phone numbers provided below. You must identify the specific Communication being requested.
For Deposit Account Records
For Loan Account Records
Mail us at
Fremont Bank Attn: Online Banking PO Box 5101 Fremont, CA 94537-5101
Fremont Bank Attn: Commercial Loan Servicing 2580 Shea Center Drive Livermore, CA 94551
Computer Hardware, Software, and Operating Systems Requirements. In order to access, view, and retain any electronic Communications, you must have an active email address and have access to the Current Version of the required software. The following link includes more information on the browsers we currently support and related system requirements. By accepting this E-Consent, you acknowledge that you have access to the link provided above.
If our hardware or software requirement change, and that change would create a material risk that you would not be able to access or retain the Communication being provided to you in electronic form, we will alert you of any revised hardware or software requirements that your computer system or communications device will need to ensure ongoing access or retention. Continuing to use this service after receiving notice of the change is reaffirmation of your E-Consent.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.
Updated Your E-Mail Address or Mobile Phone Number. You represent that any e-mail address and/or mobile number(s) you provide to us belongs to you or to a person who has the authority to act for the applicable Account, product, or service with us, or, where relevant, to make a transaction against such Account, product or service.
It is important that you keep us informed of your correct e-mail address and mobile number(s). If you change your e-mail address, mobile number or other information needed to contact you or send you Communications electronically, you must provide us with updated information promptly. You can update information by contacting us by the methods provided.
Termination or Modification. We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or modify the terms and conditions of the E-Consent . We will provide you with notice of such termination or modification(s), as required by law. Continuing to use this service after receiving notice of the change is reaffirmation of your E-Consent.
Confirming Your Access and E-Sign Consent To Use Electronic Documents and Signatures. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review the electronic documents and that you have an active e-mail account. You understand that by giving us your E- Consent, you may no longer receive such Communications in paper form, and you accept any consequence of not reviewing the Communication in a timely manner. Your E-Consent will remain in effect for your Account(s) until you withdraw your E-Consent.
Indemnity. You agree to indemnify and hold us harmless from and against all claims, demands, proceedings, suits and actions and all liabilities, losses, expenses and costs, including attorneys’ fees and expenses, resulting from your failure to comply with the terms of this E-Consent, including without limitation, your failure to keep the Bank informed of your e-mail address and/or mobile number.
Acknowledging Your Consent to this E-Consent. By clicking the "I Accept" box, you are confirming to us that:
You have read, understand and agree to be bound by, and electronically signing, the terms and conditions contained in this E-Consent;
you consent to receive through electronic Communications during the course of your relationship with the Bank and to execute Communications using electronic signatures and records;
You are able to download and review files pursuant to the software, hardware, and operating system requirements described above, and can receive e-mails with links to websites;
Your consent to receive Communications electronically and to use electronic records and signatures does not automatically expire and is not limited as to duration;
You are authorized to provide consent on behalf of all co-applicants or, and co-owners of, any Account at the Bank;
Communications contain important information, and you agree to review all Communications in a timely manner; and
The Bank and its agents will not be liable for any loss, liability, cost, expense, or claim for acting upon this E-Consent or arising from your use of the Accounts, products or services provided pursuant to this E-Consent.