ELECTRONIC COMMUNICATIONS AGREEMENT
Introduction.
By applying for, or inquiring about a product from, Balance Homes, Inc. or any of its subsidiaries (collectively, “Balance”), you consent to the terms of this Electronic Communications Agreement (the “E-Consent”).
Balance reserves the right to amend the terms of this E-Consent at any time. Your continued use of the Balance website or application for or use of any product with Balance constitutes your acceptance of the amended E-Consent. The amended E-Consent will supersede all previous versions.
Definitions.
In this E-Consent:
- "We," "us," "our" means Balance and any current and future affiliate of Balance.
- “You” and “your” means the person giving this E-Consent, and also each additional property owner, authorized signer, authorized representative, delegate, and/or co-applicant identified on any Balance product that you apply for, use or access.
- “Communications” means each communication, disclosure, notice, proposal, offer letter, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request.
- “Electronic Service” means any product or service we offer that you apply for, inquire about, use, administer or access using the Internet, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
Scope of Consent.
This E-Consent applies to all interactions between you and Balance and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets.
Electronic Communications.
You agree to conduct communications and transactions using electronic communications, electronic disclosures, electronic records, electronic signatures, and electronic contract documents.
Electronic Signatures.
You agree to use electronic signatures, and that we may obtain them from you as part of our transactions with you. Any of the following constitutes your signature as if actually signed by you in writing: (i) your use of a keypad, mouse or other device to select an item, button, icon or similar consent; (ii) your accessing Balance’s website; (iii) your entering into any transaction or obtaining any product or service from Balance; or (iv) your type-written name or initials electronically placed on any documents or agreements (collectively, your “electronic signature”). You agree that your electronic signature is hereby adopted by you and that it represents your intent to acknowledge receipt or sign, as applicable, the documents and Communications. You agree that no certification or verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and Balance.
Electronic Notices.
To the extent that the law or any agreement with you requires us to give you written notice, you agree that we may provide these notices to you using electronic Communications. If required by law, we will continue to deliver certain Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered electronically, this E-Consent will be deemed to cover those Communications.
Hardware and Software Requirements.
To access and retain the Communications, you will need to use the following computer software and hardware: (i) a PC or Mac compatible computer or other device capable of accessing the Internet; (ii) an e-mail account; (iii) an Internet Browser software program that supports at least 128-bit encryption, such as Google Chrome or Microsoft Edge; and (iv) a PDF file reader like Adobe® Acrobat Reader.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access the Communications or retain your electronic records, we will give you notice of the revised hardware or software requirements. Continuing to use Balance’s products, website, or electronic services is your consent to any changes.
Paper or Non-Electronic Records.
If you wish to obtain a paper copy or other non-electronic record of any Communications, you should retain such Communication on a long-term storage device like your hard drive or print a copy of the Communication. You may also request a paper copy of any Communication, if available, by contacting Balance at info@balancehomes.com. You acknowledge Balance reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Communications, unless charging a fee is prohibited by applicable law. We will retain all Communications as required by applicable laws.
Withdrawing Consent.
You may withdraw this E-Consent at any time at no charge. If you withdraw consent, you will be ineligible to obtain any product from us. If you wish to withdraw your consent, you can send us your written request to info@balancehomes.com. If you withdraw consent, it will become effective after we have a reasonable period to process the request. If you decide to withdraw consent, the legal effectiveness, validity, and enforceability of prior electronic Communications and electronic signatures will not be affected.
Change to Your Contact Information.
You must keep us informed of any change in your email address or mailing address. You may update such information by contacting us at info@balancehomes.com.
