This Consent to Electronic Disclosures (“Consent”) applies to any and all interactions between you and Alphaeon Credit (the “Company”), and between you and Comenity Capital Bank and/or Covered Care, in connection with any prequalifications or applications for credit or any resulting extensions of credit (individually an “Account” and collectively “Accounts”), as well as your dealings with Company and any third-party creditors in the future in connection with your Accounts.
In this Consent, the words “you” and “your” refer to each person applying for or on an Account; “we,” “us,” and “our” refer to Company, Comenity Capital Bank and Covered Care, and any of their affiliates, agents, independent contractors, designees, service providers or assignees.
Please read this document carefully and retain a copy for your reference.
Your Legal Rights Regarding Electronic Communications: We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations. This information may be provided to you electronically if you agree to this Consent.
Types of Electronic Communications You May Receive: You agree and consent to receive electronically all communications we may provide, including agreements, documents, notices, statements and disclosures (each a “Communication” and collectively the “Communications”) in connection with your applications or Accounts. Categories of communications may include, but are not limited to, the following:
Electronic Agreements and Updates: Any Communication that you accept or agree to receive electronically or any Account update you submit to us electronically will be enforceable without your signature on a paper form.
Paper Communications: We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so. We may send Communications to you in paper form because we are legally required to do so or because we determine in our sole discretion that you should receive the Communication in paper rather than electronic form.
Copies of Electronic Communications: You may retain a copy of any electronic Communication by using your print function or saving an electronic copy for your records. If, after you receive a Communication electronically, you would like a paper copy of a Communication previously provided to you, you may request a copy during the period we retain your Account documentation by contacting us at ___. We will send your paper copy to you by U.S. mail. In order for us to send you a paper copy, you must have a current mailing address on file with us. You may be charged a fee for each paper copy of any electronic record.
Withdrawal of Consent to Electronic Delivery of Communications: You can withdraw your consent to electronic Communications by contacting Company and asking that Communications be sent to you in paper or other non-electronic form using one of the following methods:
Your withdrawal of consent to electronic Communications is effective only after we have had a reasonable period of time to act upon your withdrawal.
Your Contact Information: If you give us an incorrect email address or fail to update or correct your email address, an electronic Communication will be deemed provided to you if we use the email address in our records for the electronic Communication. You can update your contact information by using one of the methods outlined above.
Hardware and Software Requirements: In order to receive access to and retain electronic Communications, you will need the following hardware and software:
By giving your consent, you are confirming that you have access to the necessary software and hardware, and can receive, open, print, download a copy or otherwise retain a copy of any electronic Communication for your records. You are advised to retain a copy of all electronic Communications as they may not be accessible online or in paper form at a later date.
Federal Electronic Signatures 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.
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.
Reservation of Rights. This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form.