E-Sign Consent and Disclosure

Consent to Receive Electronic Communications

Consent to Receive Electronic Communications

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive and view all disclosures, records, notices, agreements, statements and other communications (collectively, “Communications”) from us relating to all Services provided to you under these Terms and in connection with your relationship with us that we may otherwise be required to send or provide you in paper form (e.g., by mail), by any of the following means:

● Text to your mobile phone number (which may include a link to a new Communication on the Website),

● To your email (or social media network), or

● Notifications from our Application or Website.

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Communications will include, but may not be limited to, the following:

● The Birdie Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);

● Communications and/or amendments we may provide you under our Policies and Agreements;

● Balance, activity and any other information on your Birdie account(s),

● Periodic statements, receipts, confirmations, authorizations and transaction history for your Birdie account(s);

● Communications regarding the resolution of any claimed error on your periodic statements; and

● Communications required or permitted by law or regulation.

By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum system requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Revoke Consent

Your consent to receive Communications electronically will remain in effect until further notice by us or until you revoke your consent to receive Communications electronically. You may withdraw your consent to receive further Communications electronically at any time by contacting us at support@sendbirdie.com or submitting your request in writing to: Legal Department, Birdie, LLC, 8322 Beverly Blvd., #301, Los Angeles, CA 90048. If you withdraw your consent to receive Communications electronically, we reserve the right to refuse to accept your Birdie Account application, to cancel your Birdie Account, place your Birdie Account on inactive status, close your Birdie Account and return the balance of your Birdie Account to your Bank Account, or to provide a paper copy of Disclosures. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

SYSTEM REQUIREMENTS: In order to receive Communications, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must have the following:

● Computer or mobile device with Internet connection;

● A current web browser with cookies enabled;

● A valid email address on file in your Birdie Account profile;

● Ability to store or print the Disclosures;

● A Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; and

● if you use a spam blocker, you must add birdie@sendbirdie.com to your email address book or whitelist.

“Current Version” means a version of the software that is currently being supported by its publisher.

We reserve the right to change these System Requirements and will provide you with a Communication when we make a material change to the System Requirements.

Receiving Texts and Emails

In order to receive Communications, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Communications including attached electronic documents and that such Communications, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Communications is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Birdie Account is inactive or take other actions as set forth in these Terms. You will not be able to conduct any transactions in your Birdie Account until you update your mobile phone or email address in your Birdie Account profile.

Reservation of Rights

We reserve the right to provide you with any Communication in writing, rather than electronically, or to withdraw the right to receive Communications electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Birdie Account profile. Although we may waive our fee for delivery of paper Communications (“Communication Request Fee”), we reserve the right to charge the Communication Request Fee and to increase this fee in our discretion.

Print Disclosures

We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.

General

You understand and agree that we are responsible for sending the Communications to you electronically by email or text to the address in your Birdie Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Communication, subject to your right to revoke your consent to receive Communications electronically.

Contact us

Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Birdie Account by clicking the “Contact Us” link at the bottom of this page, contacting support@sendbirdie.com or mailing us at Legal Department, Birdie, LLC, 8322 Beverly Blvd., #301, Los Angeles, CA 90048.