Unlimited Cloud LLC

Electronic Communications Consent

Evolve Bank & Trust Electronic Communication Consent

Effective Date: May 01, 2024 


We want to provide you with communications electronically. Certain laws and regulations require us to provide communications to you “in writing,” which means you may be entitled to receive the information on paper. The E-SIGN Act allows us to provide you communications electronically and to conduct transactions with you electronically, with your consent.

Please read this Evolve Bank & Trust Electronic Communication Consent (the “Consent”) carefully prior to providing us with your consent. This Consent describes how we deliver and receive communications to and from you electronically and asks you to consent to use electronic records and signatures in our relationship with you. If you do not agree to this Consent or you later withdraw your consent provided herein, you may not be able to continue to use our services.


Definitions

We”, “us”, and “our” means Evolve Bank & Trust, its current or future affiliated companies, agents, assignees and service providers.

You” and “your” mean each applicant, account owner and anyone else with access to the account. If there is more than one owner, then these words mean each account owner separately, and all account owners jointly.

Communication” means each application, agreement, disclosure, notice, fee schedule, response to claims, statement, privacy policy, record, document and other information related to your account or to any Product, or that you sign, submit or agree to at our request.

Product” means each and every account, product or service we offer or will offer.

The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples and is not exclusive or exhaustive, and the items in the list are only illustrations.


Scope of Communications to be Provided in Electronic Form.

This Consent applies to all Communications and Products. By applying for or using a Product, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. 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;

▪ The Account Terms, including any amendments thereto, and any and all agreements by and between you and us that relate to a Product;

▪ Privacy policies and notices;

▪ Responses to claims filed in connection with a Product;

▪ Statements; and

▪ All other communications between us and your concerning the Product and any related transactions, products or services.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.


Method of Providing Communications in Electronic Form.

All Communications that we provide in electronic form will be provided either (1) by e-mail or (2) by access to a website designated in an email notice from us, (3) through the any mobile application we may make available, (4) to the extent permitted by law, by access to a website generally designated in advance for such purpose, or (5) in the manner specified in any other agreement we or our affiliates have with you.

If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us.

Continuing to use our Products after receiving updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.


Keeping your Records Current.

It is your responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information related to this Consent and a Product, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting us at info@unlimitedremit.com . We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last e-mail address you provided to us.


System Requirements for Accessing Communications.

In order to access, view, and retain electronic Communications that we make available, you must have:

▪ computers capable of running one of these compatible browsers:

▪ Internet Explorer version 9.0 or higher.

▪ Firefox version 35 or higher.

▪ Safari version 6.1 or higher.

▪ Chrome version 38 or higher.

OR

▪ an Apple iPhone or iPad running iOS version 9.0 or higher.

▪ access to an active e-mail account with an email service provider.

We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified as required by law.


Requesting Paper Copies.

We will not send paper copies of any Communication; however, 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. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, call us at +1-888-226-0712 during normal business hours, except for national holidays. There may be a fee associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Consent.


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 a copy of this Consent and any other Communications for your records.


Withdrawing Your Consent

You can withdraw your consent to receive Communications electronically at any time. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. To withdraw your consent to receive Communications electronically, you must contact us by e-mailing at info@unlimitedremit.com .

If you withdraw consent, your access to all Products will be terminated and any account you have with us will be closed and funds will be returned to you in accordance with the account agreement. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.


Consent

By applying for or using a Product or by checking any call to action (including “I Agree” or similar language), you give us affirmative consent to receive electronic Communications as described herein.

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic Communications, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your Products. 

Upfront Electronic Communications Consent And Disclosure

Sila (together with its subsidiaries and affiliates, “Sila”), a financial technology services provider, is providing you with this Evolve Electronic Communications Consent and Disclosure on behalf of Evolve Bank & Trust (the “Bank”), a member of the Federal Deposit Insurance Corporation (“FDIC”). The Bank’s services to which this Evolve Electronic Communications Consent and Disclosure relate may be provided to you through the website or smartphone application of your “Service Provider” in cooperation with Sila. Sila is a financial technology provider operating as an agent of the Bank to facilitate provision of its services on the Service Provider’s platform. In addition to the terms of Service Provider and the Bank, you are subject to certain of Sila’s policies, terms, conditions, consents, and disclosures, available at https://www.silamoney.com/legal.


‍In this Upfront Electronic Communications Consent and Disclosure the terms “you,” “your,” and “yours,” each mean the Evolve Bank & Trust Account Owner, authorized signer, and/or authorized user. The terms “we,” “us,” “our,” ”ours,” and “Evolve” each refer to and mean Evolve Bank & Trust.
The purpose of this Upfront Electronic Communications Consent and Disclosure is to provide you with important information regarding your consent for us to conduct business electronically with you and to deliver Communications to you in electronic format. The electronic delivery of Communications may include applications, agreements, disclosures, and other forms, and the ability for you to provide your electronic signature on such Communications using DocuSign.

This Evolve Bank & Trust Upfront Electronic Communications Consent and Disclosure governs the terms and conditions for the electronic delivery of Communications (as defined below) pertaining to your Evolve membership, accounts, and other Evolve products and services you request, and includes your and our obligations and responsibilities thereto. This Upfront Electronic Communications Consent and Disclosure and the Communications can be printed and/or downloaded, and are available to you in paper hardcopy upon request. Please read this Upfront Electronic Communications Consent and Disclosure carefully and thoroughly, and retain it for your records.

“Communications” means: sending email to you at the email address you provide to us; all applications, agreements, forms, and disclosures, and any and all amendments, changes, or modifications thereto; product, service and fee change in terms notices; annual and other periodic notices required by law or regulation; and, other information we believe of value or importance to you.

Applicability of Consent ‐ Your electronic consent to conduct business electronically applies to this Upfront Electronic Communications Consent and Disclosure and the electronic delivery of Communications. By affirmatively consenting, you confirm that you have the necessary hardware and software and can access this information and Communications electronically to your satisfaction, and agree to the terms and conditions of this Electronic Communications Consent and Disclosure. Note: Your consent to do business with us electronically and for the electronic delivery of Communications to you under this Upfront Electronic Communications Consent and Disclosure does not automatically enroll you in our Online Services, Online Banking, Mobile Banking, or e‐Statement Services.

To Consent: To affirmatively consent to do business with us electronically, select and check the box “I have Read and Agree to all above policies” and click the OK button.

To Decline: If you do not wish to consent to do business with us electronically, do NOT select and check the “I have read the above Upfront Electronic Communications Consent and Disclosure…” and leave the webpage. If you decline to do business with us electronically it may be necessary for you to visit one of our branches in person in order to conduct your business and complete any required documentation.

Email Address and Keeping Your Information Current ‐ In order to communicate with you regarding your Communications and to deliver to you or notify you of Communications, you must provide us with your valid e‐mail address. It is your responsibility to promptly notify Evolve Bank & Trust of any changes to your email address. You can update your email address with us by either calling us at 866‐395‐2754, or by submitting your change to us in writing via mail to Evolve Bank & Trust, Attn: Deposit Operations, 6070 Poplar Avenue Suite 200, Memphis, TN 38119, or by visiting one of our branches.

Print and Download Communications ‐ Communications are provided in either HTML or PDF format. For those Communications provided/available in PDF format, Adobe Reader version 6.0 or later is required. A free copy of Adobe Reader may be downloaded at http://www.get.adobe.com/reader. To print or download Communications you must have a printer connected to your computer or have sufficient hard‐drive space (approximately 1 MB) on your computer to download, store and view the information. To print, click on the document HTML or PDF link, select Print, select your Printer, and click OK to print to your printer where the document can be printed on your own paper, or select Save or Save As to save and retain an electronic copy on your computer.

Hardware and Software Requirements – You must have, at your cost:
• A computer with Microsoft Windows® XP, Vista, or Windows 7 Operating System, or Apple Mac® OS X v10.x Operating System.
• Internet Explorer 8+, Mozilla Firefox 1.5+, Apple Safari 4.1.3+, or Google Chrome internet browser with 128‐ bit SSL encryption; JavaScript and cookies enabled. Other internet browsers may be used but are not supported.
• Internet access and connectivity.
• A valid operating email address.
• Adobe Reader software to access and view documents provided to you in PDF format.
• Sufficient memory and drive space capacity to download and save PDF documents to your computer.

By affirmatively consenting, you confirm that you have access to the necessary hardware and software. The above requirements are subject to change. If these requirements materially change we will provide you with an email message at the email address we have on file and notify you of the revised hardware and software requirements, at which time you will have the right to withdraw your consent.

All Communications Are “In Writing” ‐ This Upfront Electronic Communications Consent and Disclosure and all other Communications delivered electronically or otherwise made available to you are considered “in writing” and are available to you in a form you may keep by either printing or downloading the documents, or by requesting a paper copy from us.

Obtaining Paper Copies of Agreements and Disclosures – You may obtain a paper copy of this Upfront Electronic Communications Consent and Disclosure and the Communications by printing it/them yourself. You may also contact us at 866‐395‐2754 to request a paper copy free of cost when sent by us to you through regular U.S. mail. If you request that paper copies of these Communications be sent to you other than through the regular U.S. mail you may be charged a fee.

Termination and Changes ‐ We reserve the right, at our sole discretion, to discontinue the provision of your electronic Communications, and to terminate or change the terms and/or conditions of this Upfront Electronic Communications Consent and Disclosure on which we provide Communications electronically. We will provide you with notice of any such termination or change as required by law.

Withdrawing Consent – You have the right to withdraw your electronic consent to conduct business electronically with us by telephoning us at 866‐395‐2754, by notifying us electronically via Secure Messaging at https://www.getevolved.com/send‐us‐an‐email.php, by sending your instructions to us via U.S. mail to Evolve Bank & Trust, Attn: Deposit Operations, 6070 Poplar Avenue Suite 200, Memphis, TN 38119, or by visiting one of our branches. If you withdraw your consent you may not be able to open additional accounts or request additional products and services electronically, or view, print or download this or other Communications.

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