Electronic Communications Agreement
This E-SIGN Disclosure and Consent (“Disclosure”), applies to all Communications for those products and services offered or accessible through myexactaccount.com that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. This Disclosure supplements and is to be construed in accordance with the terms contained in the cardholder agreement (“Cardholder Agreement”) you received when you obtained the Exact Prepaid MasterCard® (the “Prepaid Card”).
The words "we," "us," and "our" or “Issuing Bank” refers to The Bancorp Bank and our servicers. “Card Account” means the account you have with the Issuing Bank associated with the Prepaid Card. "You" and "your" mean the person or persons identified on the Card Account(s). "Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information in connection with the Prepaid Card, Card Account or related products and services, including but not limited to information that we are required by law to provide to you in writing.
1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications and transactions includes, but is not limited to:
2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
3. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting 888-924-2653. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any 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 we have a reasonable period of time to process your withdrawal.
4. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Card Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through myexactaccount.com or by contacting 888-924-2653. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you have provided to us.
5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
We may update these requirements as necessary to preserve the ability to receive electronic Communication. If there is a substantial change in these requirements change, you will be notified of the requirement changes accordingly.
6. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. However, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by logging in to myexactaccount.com and send a paper copy request using your Secure Inbox. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization.
7. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
8. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
10. Consent. By checking "I have read and agree to the Consent to Electronic Disclosures”, you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.
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