This Online Service E-Sign Disclosure and Consent ("Disclosure"), applies to all Communications for those products and services offered through the Online Service that are not otherwise governed by the terms.
The words "we," "us," and "our" refer to Ficentive, Inc. with whom you have your Account, the words "you" and "your" mean you, the individual(s) or entity identified of the Account(s). As used in this Disclosure, "Account" means the account you have with us. "Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.
1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
• All legal and regulatory disclosures and communications associated with the product or service available through www.akimbocard.com for your Account
• Notices or disclosures about a change in the terms of your Account or associated payment features and responses to claims
• Privacy policies and notices
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 web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
3. How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by contacting us at 1-877-737-7297 (1-877-PDS-PAYS). At your option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email 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; however, your access and use of www.akimbocard.com will be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
4. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through www.akimbocard.com or by contacting us at 1-877-737-7297 (1-877-PDS-PAYS).
5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
• an Internet browser that supports 128 bit encryption;
• sufficient electronic storage capacity on your computer's hard drive or other data storage unit;
• an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
• a personal computer (for PC's: Pentium 120 MHz or higher; for Macintosh, PowerMac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.
6. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy please contact us at 1-877-737-7297 (1-877-PDS-PAYS) or firstname.lastname@example.org. 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. Please refer to your Cardholder Agreement or Cardholder Terms and Conditions for any applicable fees. 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.
7. Communications in Writing. 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.
8. Federal 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.
9. 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.
10. Consent. By selecting "Accept" or checking the appropriate box you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.
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