This E-sign disclosure agreement (“Disclosure”) is an integral part of Polis Grove Inc., doing business as Guardcard (“Guardcard”) Terms and Conditions (“Agreement”) governing Merchant’s (or “you”) use of the Guardcard Services, and applies to all notices, signatures, disclosures, statements, and other communications (“Communications”) provided by Guardcard to you regarding the Services. Any terms not defined herein shall have the meaning ascribed to it under the Agreement. Guardcard and Merchant shall each be individually referred to as “party” and collectively as “parties.” Capitalized terms used but not defined shall have the meaning ascribed to them under the Agreement.
By using the Services, you agree to this Disclosure and confirm your consent to (a) receive Communications electronically; and (b) the use of electronic signatures. Your consent to receive electronic Communications includes, but is not limited to:
The Visitor, Merchant, and End User shall all be referred to herein as “you” unless otherwise set forth.
We will not send a paper copy of any Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Communications by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any particular Communication be mailed to you, contact us at info@Guardcard.co. Please make sure to state that you are requesting a paper copy of particular Communications. 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. 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.
All Communications that we provide to you in electronic form will be provided either:
(a) via e-mail,
(b) to the extent permissible by law, by posting them on our website,
(c) by notifying you through the Guardcard Portal,
(d) by requesting you to download a PDF file containing the Communication,
(e) sending a text message to the mobile phone you provided us during the registration, if applicable,
(f) delivering them in another electronic format.
It is hereby clarified that charges may apply to Communications sent by text or other electronic means.
You are free to withdraw your consent to this Disclosure at any time. To do so, please submit a request to withdraw your consent by email at info@Guardcard.co. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity, and enforceability of Communications that were previously provided or signed electronically will not be affected. IT IS HEREBY CLARIFIED THAT IF YOU CHOOSE TO WITHDRAW YOUR CONSENT, YOU MAY NOT BE ABLE TO USE THE SERVICES.
In order to access, view, and retain electronic Communications that we make available, you must have:
It is your responsibility to provide us with a true, accurate, and complete e-mail address, contact, and other information related to the Disclosure and your account, and to update us promptly about any changes in this information. You can update your contact information by emailing us at info@Guardcard.co or through the Merchant Portal. We will not assume liability for non-receipt of notification of the availability of electronic Communications in the event your mobile number, email address, or other contact information on file is invalid.
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.
You acknowledge and agree that the Services are subject to the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), and that you intend that the E-SIGN Act will apply to validate your ability to engage electronically in transactions related to the Services.
We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. If we do so, we will provide you with notice of any such termination or change as required by law.
YOU HEREBY GIVE YOUR AFFIRMATIVE CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AS DESCRIBED IN THIS DISCLOSURE. YOU FURTHER AGREE THAT YOUR COMPUTER OR OTHER DEVICE SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS SPECIFIED ABOVE AND THAT YOU HAVE PROVIDED US WITH A CURRENT EMAIL ADDRESS AT WHICH WE MAY SEND YOU ELECTRONIC COMMUNICATIONS.