E-Sign Consent Agreement – Cashberry

E-Sign Consent Agreement

You as used herein refers to the user or customer of the Cashberry service or platform.

We or us refers to Cashberry and all of our representatives or agents or affiliates or subsidiaries.

By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to the electronic notification/communications policy of Cashberry, LLC (including its subsidiaries, collectively “Cashberry”) and Cashberry’s electronic consent and contract binding policy.   Please read the information below carefully and thoroughly.

YOU AGREE TO ELECTRONIC CONTRACT BINDING.  You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed a valid, authentic, enforceable and binding contract in the eyes of the law and in any legal dispute.

You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. 

Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound. 

YOU AGREE TO ELECTRONIC COMMUNICATIONS.  You hereby agree that Cashberry and/or our representatives may provide notices to you as well as any communication electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal Cashberry policy. 

You also consent to allow Cashberry to respond to any inquiries or communications that you may send to us by e-mail, fax or other electronic means regardless of the format of your original inquiry. 

You agree that electronic copies of communications are valid and you will not contest or refute the validity or enforceability of such communications or any related transactions, absent inconclusive proof of altered data or tampering. 

Pursuant to law and applicable regulations, you agree and acknowledge that all electronic communications delivered to you by Cashberry (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” for any and all purposes, and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. 

You agree that all electronic communications and actions recorded by Cashberry shall be deemed valid and admissible originals in any legal dispute or for any legal purpose or use. 

YOU UNDERSTAND THE TECHNICAL REQUIREMENTS.  To electronically receive, view, and save electronic communications and electronically signed agreements, you must have a personal computer equipped with the requirements set forth below, and either a printer, a hard drive, or other storage device. You must also have a valid email address.  You must notify us if your email address changes and you hereby agree to notify us of any such change immediately.  To notify us of your new email address, please contact us in writing. 

Please note that the minimum requirements set forth below are subject to change.

Required hardware and software

Operating Systems:Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only)
PDF Reader:Acrobat® or similar software may be required to view and print PDF files
Screen Resolution:800 x 600 minimum
Enabled Security Settings:Allow per session cookies

YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT.  If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you.   You agree to accept liability for any delay caused by you not agreeing to electronic delivery.

Nonetheless, you may change your consent at any time.   Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to our address below.  Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

Your correspondence must contain in the body of such request your e-mail address, full name, US Postal address, and telephone number. 

After your withdrawal of consent has been received and processed by Cashberry, all subsequent notifications and communications will be sent by regular mail to the last known address on file with Cashberry.  You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. 

YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT.  If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to “E-Sign Consent Agreement” on the previous page. By clicking the check box,  you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify Cashberry as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Cashberry during the course of your relationship with Cashberry.