ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT AGREEMENT
This E-SIGN Disclosure and Consent Agreement (the “Agreement”) relates to the online software and website, as well as the services, software and applications provided online and/or made available offline through or in connection with the Service, including through a mobile device (“Website”) of FOCUS451 Inc. (“Company”, “us”, “our”, “we”) including without limitation, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act (including personal and financial data). This policy describes how the Company delivers communications to you, as user and holder (“User”, “you”, “your”) of an FOCUS451 account electronically. The term “User”, “you”, and “your” includes the business or other organization or entity that is a user or customer of our services through our Website, including the authorized employees or prospective employees of that user or customer. We may amend this policy at any time by posting a revised version on the Website. Any updated versions of this Agreement will be effective when posted by us. If we make modifications, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. If you do not agree to any of these terms, do not use or access (or continue to access) the Website.
You the User understand and agree as follows:
Electronic Delivery of Signatures and Communications
- The Company uses an electronic system by which the User may receive, view records and communications including but not limited to this Agreement, communications between the User and Company, billing statements and disclosures, and other documents which may appear on the Website (“electronic documents”) and sign electronic documents via electronic signature. The term “electronic documents” includes all agreements and policies relating to the Company and its services that the User agrees to, including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Agreement or the Website.
- By using the Website, the User will be viewing and will have viewed all applicable electronic documents by electronic means.
- The User agrees to sign all such electronic documents (if a signature is required) by electronic means via electronic signature. This means when the User uses a computer or mobile device to view and then click “sign” or take any other action (whether by an electronic sound, symbol or process) attached to or logically associated with the electronic document that the User intends to sign and execute/adopt such electronic document and be bound by same.
- That any document electronically signed by the User has the full force and legal effect as though the User signed a paper version of such document in ink.
- If the User does not wish to sign any electronic document by electronic means, that the User may decline to do so. In that case, the User will not sign any document electronically and will inform the Company in writing of the User’s desire to sign paper documents instead. If the User signs any electronic document by electronic signature, the User’s consent to do so will have been provided by the fact that the User has electronically signed the document.
- Any document the User has electronically signed will be made available to the User in one or more of the following ways:
- by PDF via email to the email address the User has provided to Company;
- by access to a web site in an e-mail notice the User sends to the Company at the time the information is available to the extent permissible by law,
- by access to a web site for such purpose; or
- by written request by the User to the Company in which case the User will be provided printed hard copies or electronic copies at the User’s written request.
- The User will review any and all electronic documents electronically signed by the User. If there is any error in any electronic document or if the User feels the User was not responsible for applying the electronic signature to any electronic document the User agrees to inform the Company immediately.
- The User is free to request any electronic document viewed or electronically signed by the User at any time. If the User’s email address or other contact information changes it is the User’s responsibility to provide the updated email or contact information to the Company.
- Even if the User has agreed in the past to sign electronic documents by electronic signature, the User may refuse to sign future electronic documents electronically. If that is the User’s intent, the User will inform the Company in writing of the User’s desire to sign paper documents instead.
Hardware and Software Requirements
In order to access and retain electronic documents, the User will need the following computer hardware and software: a computer with an Internet connection (including a tablet, mobile phone or any other mobile device); current “web browser” that includes 128-bit encryption with cookies enabled (minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above, Mozilla Firefox current version, Apple Safari current version, or Opera current version; a current version of Adobe Acrobat Reader to open documents in PDF format; a valid email address (the primary email address designated by the User in the FOCUS451 Enterprise SaaS License Agreement); and sufficient storage space to save past electronic documents or an installed printer to print them.
The Company will notify the User if there are any material changes to the hardware or software needed to receive electronic documents from the Company. By giving consent, the User is confirming that the User has access to the necessary equipment and is able to receive, open, and print or download a copy of any electronic documents for the User’s records. The User may print or save a copy of these electronic documents for the User’s records as they may not be accessible online at a later date.
How to Withdraw Your Consent
The User has the right to withdraw the User’s consent at any time, effective after a reasonable amount of time for the Company to process the withdrawal. To withdraw consent, the User may send a written request by (a) sending an email to support@FOCUS451.com or (b) through the Website. If consent is withdrawn, the Company reserves the right to discontinue the User’s access to the Website, terminate any and all agreements with the User including the FOCUS451 Enterprise SaaS License Agreement, and/or charge the User additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
If, after the User consents to receive electronic documents electronically, the User would like a paper copy of an electronic document that the Company previously sent to the User, the User may request a copy within one hundred eighty (180) days of the date that the Company provided the electronic document to the User by contacting the Company as described above. The Company will send the User a paper copy by U.S. mail. In order for the Company to send a paper copy to the User, the User must have a valid and current street address on file with the Company as the User’s primary mailing address. If the User requests a paper copy, the User understands and agrees that the Company may charge the User a printing fee for each electronic document at the then-current current rate established by the Company in its sole discretion.
Updating Your Contact Information
The User is responsible for keeping the User’s primary email address on file with the Company up to date so that the Company can communicate with the User electronically. The User understands and agrees that if the Company sends the User an electronic document but the User does not receive it because the User’s primary email address on file is incorrect, out of date, blocked by the User’s Internet service provider, or the User is otherwise unable to receive electronic documents, the Company will nonetheless be deemed to have provided the electronic document to the User.
If the User applies a spam filter or other technology that blocks or re-routes emails from senders not listed in the User’s email address book, the User must add the Company’s e-mail address noreply@FOCUS451.com to the User’s email address book so that the User will be able to receive the electronic documents that the Company sends to the User.
The User may update the User’s primary email address or street address at any time by sending the updated information to the Company (a) by email to support@FOCUS451.com or (b) through the Website. If the User’s email address becomes invalid such that electronic documents sent to the User by the Company are returned, the Company reserves the right to discontinue the User’s access to the Website, terminate any and all agreements with the User, including the FOCUS451 Enterprise SaaS License Agreement, and/or deem any and all of the User’s accounts with the Company as “inactive”.
The User has read the above and authorizes and consents to the use of electronic documents and to sign them electronically (where applicable). The User expressly consents to the use of electronic documents instead of hard copy documents and handwritten signatures.
When the Company sends the User an email or other electronic notification alerting the User that the electronic documents are available electronically and the Company does in fact make it available online, that shall have the same meaning and effect as if the Company provided a paper disclosure of the electronic documents to the User, whether or not the User chooses to view the electronic documents, unless the User had previously withdrawn the User’s consent to receive electronic documents electronically.
The User understands and agrees that notices and disclosures in the electronic documents are considered received by the User within 24 hours of the time posted to the Company’s website, or within 24 hours of the time emailed to the User unless the Company receives notice that the email was not delivered.
The User agrees by clicking on the “I AGREE” button or CHECKMARK on the box and by clicking on the SAVE button below that the User agrees with and consents to all of the above. If the User does not agree or does not understand any of the above, the User agrees that the User will not click the “I AGREE” button or CHECKMARK or click SAVE and will instead contact the Company.