E-Sign disclosure and consent
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. 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 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. Before you use our electronic services you must review and consent to the terms outlined below.
In this consent:
- "We," "us," "our" and "Labette Bank" means Labette Bank and each and every current and future affiliate of Labette Bank.
"You" and "your" means the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any Labette Bank Product that you apply for, use or access.
"Communications" means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
"Electronic Service" means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
"Products" means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. Labette Bank products include electronic services.
The words "include" and "including" when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
1. Your consent to use electronic records and signatures; certain information must still be provided in writing.
In our sole discretion, the communications we provide to you, or that you sign or agree to at our request, may be in electronic form ("electronic records"). We may also use electronic signatures and obtain them from you as part of our transactions with you.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another communication how you may deliver that notice to us electronically.
There are certain communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those communications to you in writing. However, if the law changes in the future and permits any of those communications to be delivered as electronic records, this consent will automatically cover those communications as well.
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 website that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the communication.
3. Your option to receive paper copies.
If we provide electronic records to you, and you want a paper copy, you may contact the appropriate customer service unit and request a paper version. For such copies, as long as you are an authorized user of the DocuSign system, you will have the ability to download and print any documents that we send to you through your DocuSign user account for a limited period of time (usually 30 days after such documents are first sent to you). After such time, if you wish for us to send you paper copies of such documents from our office to you, you will be charged a $0.50 per-page fee. We will bill you for any fees at that time, if any. You may request delivery of such paper copies from us by emailing your request to firstname.lastname@example.org.
4. You may withdraw your consent at any time; how to give notice of withdrawal.
You have the right to withdraw your consent at any time. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
Withdraw your consent by contacting your account officer at your nearest branch location or by mailing your withdraw to Labette Bank, P.O. Box 497, Altamont, KS 67330.
We may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail 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.
5. You must keep your email or electronic address current with us.
You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by emailing email@example.com.
6. Hardware and software you will need.
To receive electronic records, you must have access to:
- a publisher supported version of Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Mobile Safari,
- a connection to the Internet,
- a publisher supported version of 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.
You must also have an active email address.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
We reserve the right to discontinue support of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with online banking.
7. Changes to hardware or software requirements.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your electronic records, we will give you notice of the revised hardware or software requirements. Continuing to use electronic services after receiving notice of the change is reaffirmation of your consent.
8. Your enrollment in Electronic Services using our equipment.
If you enroll for an electronic service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use electronic records and signatures under the terms of this ESIGN Consent.
9. Communications in languages other than English.
Please note, we may be unable to fulfill and service Labette Bank products in a language other than English. Future communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.
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 electronic records, and that you have an active email account.
Additional examples of electronic records covered by your consent include:
- This ESIGN Consent Disclosure and any amendments;
Our Online Access Agreement, other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements;
All of the communications related to any Labette Bank, except for those excluded by the terms of this ESIGN Consent Disclosure;
Loan documents including but not limited to: TILA, RESPA, Reg. B & Right to Receive copy of appraisal;
Account documents including but not limited to: Truth in Savings disclosures, Reg E, Reg CC, Substitute Checks disclosure, Limits and Fees disclosure, Terms and Conditions disclosure, Privacy Disclosure;
All of the periodic account and activity statements, disclosures and notices we provide to you concerning your Labette Bank Products;
Any notice or disclosure regarding fees or assessments of any kind, including late fees, overdraft fees, over limit fees, and returned item fees;
Notices of amendments to any of your agreements with us; and
Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.