TERMS, CONSENT AND NOTICE REGARDING ELECTRONIC PAYMENTS AND COMMUNICATIONS
1. I hereby authorize Valley Empire, to initiate withdrawals according to the payment schedule you have selected.
2. Electronic Signature Agreement. By selecting the 'I Accept' button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting 'I Accept' you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Valley Empire or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as 'E-Signature'), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Valley Empire. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.
3. Consent to Electronic Delivery. You specifically agree to receive and/or obtain any and all Valley Empire online services and related 'Electronic Communications' (defined below) via Valley Empire online services. The term 'Electronic Communications' includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Valley Empire. You acknowledge that, for your records, you are able to use Valley Empire online services to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to use your E-Signature. You accept Electronic Communications provided via Valley Empire online services as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
4. Revocation of Electronic Delivery and Payment Plan. You have the right to withdraw your consent at any time. You acknowledge that Valley Empire reserves the right to restrict or terminate your access to Valley Empire online services if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, you may contact us at 509.928.4611. Your revocation of consent will become effective three days after we receive it. If you revoke your consent by phone, it will be effective for 14 days unless we also receive a written revocation of consent. We will not process an automatic payment so long as you withdraw your consent at least three banking days before the scheduled payment.
5. Valid and Current E-mail Address, Notification and Updates. Your current valid personal email address is required in order for you to obtain Valley Empire online services. You authorize Valley Empire to contact you at the email provided with information about your account. If you use a business email address, you waive any claims that you may have for third party disclosure of your account information. Specifically, you waive any claim that might otherwise exist under 15 U.S.C. 1692c, 15 U.S.C. 1692e and 15 U.S.C. 1692f. You agree to keep Valley Empire informed of any changes in your email address. You may modify your email address by submitting a written request to Valley Empire, or calling 509.928.4611. Valley Empire may notify you through email when an Electronic Communication or updated agreement pertaining to Valley Empire online services is available.Valley Empire may also use Valley Empire online services for Electronic Communications. It is your responsibility to use Valley Empire online services regularly to check for Electronic Communications and to check for updates to this Agreement. If you desire to communicate with Valley Empire through e-mail, you agree as follows: (a) you will not use any email address that is accessible by any third party (such as an employer, co-worker or other family member); (b) it is your responsibility to protect the privacy of these communications and (c) you waive any claim that might otherwise exist under 15 U.S.C. 1692c, 15 U.S.C. 1692e and 15 U.S.C. 1692f for third party disclosures.
6. Hardware, Software and Operating System. You are responsible for installation, maintenance, and operation of your computer, browser and software. Valley Empire is not responsible for errors or failures from any malfunction of your computer, browser or software. Valley Empire is also not responsible for computer viruses or related problems associated with use of an online system. The following are the minimum hardware, software and operating system requirements necessary to use Valley Empire online services and receive Electronic Communications:2 Processor - IBM compatible Pentium PC running Windows 2000 Memory - 4MB RAM Disc Space - 50 MB's Free Space Monitor - 800 x 600 resolution Browser - Microsoft Internet Explorer 6.0 or higher Internet access - 28.8 modem or better.
7. Release, Hold Harmless & Indemnification. You agree that in exchange for the ability to access Valley Empire online services you release and hold Valley Empire harmless for any perceived or alleged harm that you may assert against Valley Empire, its agents or assigns, resulting from your use of Valley Empire online services. You further agree to Indemnify Valley Empire for any damage Valley Empire may occur as a direct result of your use of Valley Empire online services, whether intentional or not, which may result from your actions in utilizing these services.
9. Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with Valley Empire. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement. To obtain electronic services and communications, indicate your consent to the terms and conditions of this Agreement by clicking on the 'I Accept' button. It is recommended that you print a copy of this Agreement for future reference.