E-Sign Consent and Agreement to Use Electronic Records and Signatures
In this E-Consent:
- “We,” “us,” “our,” or “First Republic” means First Republic Bank and/or its subsidiaries.
- You" and "your" means the person giving this consent.
- “Authorized Email Address” means any email address provided to us by you, or by your authorized representative, as your email address or the email address of your authorized representative.
- “Communications” means any notices, disclosures, authorizations, agreements, account statements, tax forms and reports, acknowledgements and other documents that we are required, or we otherwise elect, to provide or make available to you, or that you submit, execute or agree to in connection with your relationship with us.
- "Current Version" means a version of software that is currently being supported by its publisher.
- “Tax Documents” means any tax forms or reports.
By accepting this E-Consent, any Communications may, at our option, be sent to you in the form of an electronic record and may be executed using electronic signatures. Your consent under this E-Consent shall apply to all Communications we may provide with respect to any and all accounts, products or services you elect to receive from us now or in the future, unless and until you withdraw your consent to this E-Consent as described below. Your consent applies to all accounts you own or are authorized to administer, or for which you are designated as an authorized signer or beneficiary.
We may call you or send you text messages at the phone number(s) reflected in our records. You consent to our leaving prerecorded/artificial voice messages and using an automatic telephone dialing system to call or text your mobile/cellular telephone number. Our calls and text messages to your mobile/cellular telephone numbers could result in charges to you.
We may provide you with any Communication on paper, in our sole discretion, even though you have authorized electronic delivery. You must provide such Communications to us on paper unless we notify you how to deliver the notice to us electronically.
You agree that, notwithstanding any other provision in any agreement between you and us, whether now existing or entered into in the future, that:
- An electronic or other copy of a signed Communication shall be considered as effective as an original.
- At our option, any Communication may be in the form of an electronic record and may be executed using electronic signatures.
- Communications may be sent electronically by us (i) by sending the Communication to the recipient’s Authorized Email Address, or (ii) by posting the Communication on a website and sending a notice to the recipient’s postal address or Authorized Email Address.
- In the absence of actual notice of non-delivery received by us, Communications sent electronically pursuant to this paragraph shall be effective when sent and shall constitute notice of the Communication.
- We may, at our option, use or accept manually signed paper Communications which have been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention.If any promissory note issued to us, as lender, is electronically executed by you or your authorized representative (“Electronic Note”), you agree that we (and any person to whom we later transfer the Electronic Note), shall have the right to convert the Electronic Note at any time into a paper-based Note (“Paper-Based Note”), which will be an effective, enforceable and valid original written instrument.You also agree that (1) the execution of the Electronic Note will be deemed issuance and delivery of the Paper-Based Note, and (2) the printing of the representation of the electronic signature(s) upon the Paper-Based Note will be deemed the original signature(s) on the Paper-Based Note and will serve to indicate the signer’s present intention to authenticate the Paper-Based Note.
- It is intended that this E-Consent (together with the definition of “Communication” as used in this E-Consent) is and will be deemed integrated into, and form a part of, all agreements between you and us, whether now existing or entered into in the future.
You consent to electronic delivery of any Tax Documents. Each of the following applies to the electronic delivery of Tax Documents:
- You are not required to receive Tax Documents electronically.
- Your election to receive Tax Documents electronically allows us to electronically deliver any Tax Document which we are legally permitted to provide to you now or in the future until you withdraw your consent.
- You may receive a paper copy of any Tax Document by requesting a paper copy, as provided herein.Requesting a paper copy of a tax document will not be treated as a withdrawal of your consent to this E-Consent.
- You may withdraw your consent to this E-Consent at any time through the procedures provided herein.You may also change your preferences regarding electronic delivery of Tax Documents from time to time without withdrawing your consent to this E-Consent. Withdrawal of consent to receive Tax Documents electronically will not include Tax Documents previously provided electronically; such Tax Documents may continue to be provided online for the applicable posting period. We will confirm your withdrawal request and the date on which it takes effect in writing (either electronically or on paper).If you withdraw your consent, we will send you paper copies of any additional Tax Documents we are required to provide.
- The delivery of Tax Documents electronically may be terminated at any time by us. Further, we may make certain Tax Documents available electronically only for a limited time. Currently, such period of time for most Tax Documents is from January 31st or February 15th, as applicable, of the relevant year until October 15 of such year. Certain Tax Documents may be available electronically for a longer time. Certain Tax Documents that are provided electronically may have to be printed out and attached to a federal, state or local income tax return.
- If you need to update any information relevant to electronic delivery of Tax Documents, you may do so, as provided herein.
- We will notify you when each Tax Document is available by mail or electronically. We will notify you if any Tax Document cannot be delivered electronically.
- A description of the hardware, software and operating system required to access, print, and retain Tax Documents are set forth herein.
In order to access, view and retain electronic Communications, you must have an active email address and have access to the following:
- A Current Version of Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari,
- A connection to the Internet,
- A Current Version of a program that accurately reads and displays PDF files, and
- A computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.
You represent that any e-mail address and/or mobile number(s) you provide to us belongs to you or to a person who has the authority to act for the applicable account, product or service with us, or, where relevant, to make transactions against such account, product or service. It is important that you keep us informed of your correct e-mail address and mobile number(s). To let us know of a change in your e-mail address and/or mobile number(s) where we should send Communications electronically to you, send an e-mail message to us at eSignatures@firstrepublic.com and in the body of your request state: your previous e-mail address and/or mobile number(s), as appropriate, and your new e-mail address and mobile number(s). We may request additional information from you to verify your identity before changing your e-mail address and/or mobile number(s) we have on record.
You may request a paper copy of any electronic Communication we sent you. You may receive a paper copy of any Communication at no charge if your request is made within a reasonable time after we first provided the Communication to you. You acknowledge that we may charge a reasonable service fee, with prior notice to you, for the delivery of paper copies of Communications made outside of this period.
To request a paper copy of any electronic Communication we previously provided to you, please email us at eSignatures@firstrepublic.com. In the body of the request, please provide us with (a) your Authorized E-Mail Address, (b) your full name, (c) US Postal address, (d) mobile number, and (e) which Communications you wish us to send to you. Requesting a paper copy of any Communication will not be treated as a withdrawal of your consent to this E-Consent.
You may withdraw your consent to receive electronic Communications at any time, and receive paper Communications instead. To inform us that you no longer wish to receive Communications electronically, please email at eSignatures@firstrepublic.com. In the body of the email, please provide us with (a) your Authorized E-Mail Address you had provided us, (b) your full name, (c) US Postal Address, (d) mobile number, and (e) the account numbers you wish to be covered by your withdrawal.
If you elect to receive required Communications only in paper format, it may delay your transaction because of the time required to transmit paper between you and First Republic. Additionally, depending on the nature of the account, product or service we provide you, you may lose a discount or incur service fees, or the withdrawal may result in a termination or conversion of “digital only” accounts and services into a different or related account or service. Please refer to your account documents, or other related document from us, for additional information.
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. Your withdrawal does not apply to any Communication that was provided or executed electronically before the date on which your withdrawal of consent takes effect.
You agree to indemnify and hold us harmless from and against all claims, demands, proceedings, suits and actions and all liabilities, losses, expenses and costs, including attorneys’ fees and expenses, resulting from your failure to comply with the terms of this E-Consent, including without limitation, your failure to keep First Republic informed of your correct e-mail address.
We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or change the terms and conditions of this E-Consent. This may include amending, adding to, or eliminating provisions of this E-Consent. We will provide you with notice of any such termination or change, as required by law.
By consenting to this E-Consent, you are confirming to us that:
- You have read, understand and agree to be bound by, and electronically signing, the terms and conditions contained in this E-Consent;
- You consent to receive Communications electronically and execute Communications using electronic signatures and records;
- You are able to download and review files in HTML and PDF format, and you have Internet access and can send and receive e-mails with links to websites;
- Your consent to receive Communications electronically and to use electronic records and signatures does not automatically expire and is not limited as to duration;
- You are authorized to provide consent on behalf of all co-applicants for, and co-owners of, any of your accounts with First Republic;
- Communications contain important information and you agree to review all Communications in a timely manner; and
- First Republic and its agents will not be liable for any loss, liability, cost, expense, or claim for acting upon this E-Consent or arising from your use of the accounts, products or services provided pursuant to this E-Consent.
We recommend that you print, download or otherwise retain a copy of this E-Consent for your future reference.
NOT FDIC-INSURED │NOT BANK GUARANTEED │ MAY LOSE VALUE
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