E-SIGN ACT DISCLOSURE
The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
Although every state has at least one law pertaining to electronic signatures, it is the federal law that lays out the guidelines for interstate commerce. The general intent of the ESIGN Act is spelled out in the very first section (101.a), that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form. This simple statement provides that electronic signatures and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
Section 101 of the ESIGN Act, sub-section (b), preserves the rights of individuals to NOT USE electronic signatures. Here the law provides that individuals reserve the right to use a paper signature. Sub-section (c) is in direct support of (b) by requiring a “Consumer Disclosure” that the signatory has consented to use an electronic format. By creating a registered user account with the company, you agree that an electronic facsimile of your signature or electronic agreement carries the full legal weight of a written signature.
Section 101(c)(1)(C) states that the consumers also "consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent."
RETENTION OF RECORDS
Section 101(d) provides that if a law requires that a business retain a record of a transaction, the business satisfies the requirement by retaining an electronic record, as long as the record "accurately reflects" the substance of the contract and is "accessible" to people who are entitled to access it "in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing or otherwise."
E-SIGN DISCLOSURE AND CONSENT
This E-Sign Disclosure and Consent applies to all communications between the member and the company that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words "we," "us," and "our" refer to Narwhal Realty, Inc. [Operating as Freezylist.com] (the “Company”), with whom you have your registered user account, and the words "you" and "your" mean you, the individual member(s) or entity identified as registered users. "Communication" means any member 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.
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. Our products and services require a complete process prior to purchasing the official contracts. Through-out the process, you will have access to view your records electronically as they are prepared.
You have the option to 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.
- Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims.
- Privacy policies and notices available through freezylist.com/terms and freezylist.com/privacy.
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) to the extent permissible by law, by accessing your registered user account “-> My Profile -> My Documents” at freezylist.com as soon as the information is available.
How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form by terminating the use of the Contract Services at any time prior to signing the documents. Upon payment receipt, the signed, official contracts will be made available to all parties of the contract and may be electronically stored or printed in paper form.
How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Registered User account, and to maintain and update promptly any changes in this information. You can update information through logging into freezylist.com using your login ID and password -> My Profile -> Edit Profile.
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 create a registered user account;
- access to a personal computer (for PC's: Pentium 120 MHz or higher; for Macintosh, Power Mac 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.
Requesting Paper Copies
We will not send you a paper copy of any communication, unless we deem it appropriate to do so. You can obtain a paper copy of an electronic communication by printing it yourself. You can obtain a paper copy through logging into freezylist.com using your login ID and password -> My Profile -> My Documents. In the event we provide you with paper copies, 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.
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.
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.
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.
By agreeing to the terms of an account requiring electronic signature, 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.