ESIGN ACT CONSENT
By accessing the alumshares, Inc. website and any pages thereof (collectively, the “Website”) owned and operated by alumshares, Inc. (together with its affiliates, “Alumshares”, “we”, “our” or “us”), using the services thereon, or using the other services and/or products provided by Alumshares (collectively, the “Services”), you agree to be bound by the following terms:
The following terms shall have meanings set forth below:
- “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 Delivery” means each and every product and/or service we offer that you apply for, use, administer or access using the Internet, the Website, e-mail, messaging services (including text messaging), software applications (including applications for mobile or hand-held devices) and any other electronic means, either now or in the future.
- The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples, but such list is not exclusive or exhaustive.
- “You” and “your” means the person giving this consent and/or using the Services, and each additional account owner and/or authorized representative.
Consent to Electronic Delivery
As part of your relationship with Alumshares, we want to ensure that you have all of the information that you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. You understand that Alumshares is required by law to give you certain information in writing, but instead, may provide this information to you electronically with your prior consent. As such, we need your consent to provide this information to you electronically and to use electronic records and signatures in our relationship with you.
You hereby specifically agree and consent to the foregoing and to receive and/or obtain any and all Communications by Electronic Delivery, including, without limitation, Electronic Delivery of Communications related to your account and investments, whether from Alumshares or Alumshares’ third party servicers. Except as noted below or otherwise at our discretion Communications will not be furnished on paper.
You hereby agree and accept Communications provided by Electronic Delivery as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such Electronic Delivery fully satisfies any requirement that such Communications be provided to you in writing or in a form that you may keep.
Scope of your Consent
Your consent covers all Communications, including, without limitation, any and all Communications relating to your account, your investments, the Website and the Services. Your consent remains in effect until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new Service from Alumshares or to engage in a new investment. When you do, we may remind you that you have already given us your consent to use of Electronic Delivery for all Communications. If you decide not to use Electronic Delivery for Communications in connection with a new Service or a new investment, your decision does not mean that you have withdrawn this consent for other Services or investments.
Electronic Signature Agreement
You hereby acknowledge that you have read, understand and agree to the following:
- You are voluntarily choosing to sign your documents electronically;
- You understand that the documents we present on the Website will replace the use of paper documents;
- You understand and agree that your electronic signature will bind you to the terms and conditions to the same extent as if you signed your documents on paper with an ink signature;
- You understand and agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract; and
- You understand that you have the right to withhold your consent to the use of Electronic Delivery, and that you have the right to withdraw your consent at any time prior to completing the electronic signature process.
Please be aware, however, that withdrawal of you consent may result in the termination of your access to use Electronic Delivery.
Paper Version of Communications
You may request a paper version of any Communications. You acknowledge that Alumshares reserves the right to charge you a reasonable fee for the production and mailing of paper versions of any Communications, unless charging a fee is prohibited by applicable law. To obtain a paper copy of any Communications, you can print one by visiting the Website and/or contact us and request a paper copy.
Revocation of Electronic Delivery
You have the right to withdraw your consent to receive/obtain Communications by Electronic Delivery at any time. You acknowledge that Alumshares reserves the right to restrict or terminate your access to the Website if you withdraw your consent to receive Communication by Electronic Delivery. If you wish to withdraw your consent, contact us and request the withdrawal of your consent. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
We may terminate your request for Electronic Delivery of Communications, without your withdrawal of consent in writing, in the following instances:
- You do not have a password for the Website;
- Your account on the Website is closed;
- You were removed from your account on the Website;
- Your role or authority on your account on the Website changed in a manner that no longer allows you to consent to Electronic Delivery;
- We received three (3) consecutive e-mail notifications that indicate your e-mail address is no longer valid; or
- We cancel Electronic Delivery of Communications.
Valid and Current E-mail Address, Notification and Updates
You agree to promptly notify and keep us informed of any changes in your e-mail address. If your mailing address, e-mail address, telephone number or other contact information changes, you may provide updated information by contacting us directly.
It is your responsibility to use the Website regularly to check for Communications and to check for updates to this ESign Act Consent.
This ESign Act Consent supplements and modifies other agreements that you may have with any Alumshares entity. To the extent that this ESign Act Consent and another agreement contain conflicting provisions, the provisions in this ESign Act Consent will take precedence. All other obligations of the parties remain subject to the terms and conditions of any other agreement
Hardware, Software and Operating System Requirements
You must be able to view, print, and retain information presented on-screen in order to electronically sign. You confirm that you are able to view Hyper Text Markup Language (HTML) files and read Adobe PDF files. If you are not able to do this, please make sure that you have Adobe Acrobat Reader installed on your computer.
In addition, you must satisfy the following computer hardware and software requirements: (i) access to the Internet; (ii) an e-mail account and related software capable of receiving e-mail through the Internet; (iii) a web browser which is SSL-compliant and supports secure sessions; and (iv) hardware capable of running this software
You represent to us that you have the necessary hardware and software, as stated above.
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 any Communications, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Delivery after receiving notice of the change is reaffirmation of your consent.
You hereby confirm to us that:
- You have the hardware and software required;
- You can access and read this ESign Act Consent;
- You have an active e-mail;
- You can print this disclosure on paper, or save the disclosure to a place where you can print it, for future reference and access;
- You consent to use and sign electronically an electronic version of any Communications, as applicable;
- You are authorized to, and do consent on behalf of all the other account owners, authorized signers and authorized representatives; and
- You consent to the terms and conditions of this ESign Act Consent.
- In no event shall we be liable to you for any lost profits or special, consequential or punitive damages, even if informed of the possibility of such damages.
You may contact us at email@example.com or in writing at the following address:
Alumshares Management, LLC
Attention: Investor Support
2100 Lake Dam Road
Post Office Box 37217
Raleigh, North Carolina 27627