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E-SIGN CONSENT TO USE ELECTRONIC RECORDS, SIGNATURES, AND AUDIO-VISUAL RECORDINGS

 

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Important Disclosure

From time to time, Stavvy, Inc. or its customers (entities such as banks, settlement agents, or attorneys that use the Platform to send you Communications to review and sign electronically, referred to herein collectively as “We,” “Us,” or “Our”) may be required to provide you with certain notices, disclosures, records, agreements, documents, or other information (“Communications”) “in writing” and you may be required to “sign” certain Communications.

Your affirmative consent to this E-SIGN Consent to Use Electronic Records, Signatures, and Audio-Visual Recordings (“Consent”) permits Us to provide you such Communications electronically, enables you to sign and authorize Communications electronically through the use of the Platform provided by Stavvy (the “Platform” or “Service”), and allows Stavvy to record by audio-visual means the meetings during which you conduct such e-signings. If you do not consent to electronic delivery of Communications, you will not be able to use the Service. 

Please read the information contained herein carefully and thoroughly. Signing a document in the Platform creates legally binding obligations that are no different than if you had signed the document using wet ink. If you do NOT understand this agreement or any documents that have been provided to you to sign electronically, you should consult an attorney. 

Scope of this Consent

Your Consent applies to all interactions with Us using the Stavvy Platform and includes all Communications that We provide in electronic form via email, website, or through the Service; all documents signed by you electronically on the Stavvy Platform; and any audio-visual recordings of you conducting any online transaction within the Stavvy Platform. This Consent remains effective until you give us notice, in accordance with the procedures described herein, that you are withdrawing it. 

Consent to Use Electronic Records

Your agreement to this Consent means that you understand and agree that Communications will be delivered to you electronically via the Platform, through a hyperlink provided on the Stavvy website (www.stavvy.com), or via your designated email address. Communications may be delivered to you in plain text, HTML, or .pdf file format. Electronic delivery of Communications by any of these methods will constitute proper notice under applicable law and have the same legal effect as if the Communication was delivered in hard copy paper format. 

Consent to Use Electronic Signatures

Your agreement to this Consent means that you have read, understand and agree to the following:

  • You are voluntarily choosing to sign documents within the Stavvy Platform electronically;
  • The documents you sign within the Stavvy Platform replace any paper documents signed with ink;
  • You have the right to withhold your consent to the use of electronic records and signatures, and you have the right to withdraw your consent at any time prior to completing the e-signing process.

Consent to Audio-Visual Recordings

Your agreement to this Consent means that you have read, understand and agree to the following:

  • Certain transactions on the Stavvy Platform require live, remote online signing sessions, wherein each participant’s voice and likeness are displayed to other session participants; 
  • Such sessions may be recorded in audio and/or video format and retained by Us subject to applicable laws;
  • Such recordings are subject to Stavvy’s privacy policy and legal retention requirements;
  • You consent to the viewing, recording, and storage of your voice and likeness during such live remote sessions.

Biometric Consent

In order to verify your identity, Stavvy will collect and utilize select biometric data. Stavvy will not sell, rent, or trade your biometric information with anyone besides our vendor who performs the verification on our behalf. The biometric information will be only used by Stavvy to aid the notary in verifying your identity in accordance with guidelines published by the National Institute for Standards and Technology.

Receiving a paper copy

You will have the ability to download and print documents We deliver to you through the Platform during and after any signing session. Should you decide that you would like a paper copy of any Communications, including document(s) you sign via the Stavvy Platform, or a paper copy of this Consent, you may request delivery of such paper copies of these Communications (without charge) by emailing us at info@stavvy.com with the subject line “Paper Copies,” describing your request and providing your telephone number. To save or download this Consent, click on the download icon above. 

Withdrawal of Consent

You may withdraw your Consent to receive electronic Communications at any time. To notify Us that you are withdrawing consent, you must email us at withdraweconsent@stavvy.com with the subject line “eConsent Withdrawal Request” and including your telephone number. This will indicate to Us that you have withdrawn your consent to receive Communications electronically from Us and you will no longer be able to use the Stavvy Service to receive Communications electronically from Us or to electronically sign documents on the Stavvy Platform. If you decide to withdraw your consent, the legal validity and enforceability of electronic Communications previously provided to you, or previously electronically signed by you, will not be affected. 

Updating your Contact Information

You should inform Stavvy of any change in your email address or telephone number. You can update your information by emailing info@stavvy.com, using the subject line “Email Address Update” and including your prior and current email address, along with your telephone number. We may call you to verify the change. If you fail to notify us of any change to your email address, you agree that We may provide electronic Communications to you at the email address associated with your account. Any electronic Communications We send to your email address on file will be deemed to have been provided on the date the email was delivered to you. 

Minimum Hardware and Software Requirements

Your agreement to this Consent means that you acknowledge that you have the required hardware and software capabilities to access, view, and retain electronic Communications from Us and conduct electronic signing of documents in the Stavvy Platform. You will need to use the following computer software and hardware: 

Operating Systems:

Windows 10®; Mac OS® X

Internet:

A connection to the Internet and use of the most current versions of Chrome, Mozilla Firefox, or Safari browsers, that, if prohibited by state law, is not accompanied with or enabled by technology to disguise or otherwise interfere with location detection or IP addresses (such as a VPN)

PDF Reader:

Adobe Acrobat® or other software capable of viewing and printing .pdf files

Screen Resolution:

1920 x 1080 minimum

Enabled Security Settings:

Allow per session cookies and access to your computer’s camera and microphone for web conferences and virtual signing/closing sessions 

Mobile Devices (for ID verification)

An Apple iOS or Android smartphone that has the ability to receive SMS/text messages (charges from carrier may apply).* 

Email:

A valid working email address

Storage and Printing (optional):

A printer, if you wish to print paper records, and electronic storage to retain records in electronic form.

Video Recording Equipment (if applicable to the transaction)

A computer or tablet that has a working web camera.

Camera

A working camera, preferably on your mobile device, to capture pictures of government issued photo IDs.

*Alternatively, a user may create a unique telephone number or route SMS messages to an email address by engaging a third party application offering such a service. 

These minimum requirements are subject to change. We will give you notice of any changes that would create a material risk that you would not be able to access or retain electronic Communications. Continuing to use the Services after receiving notice of such changes constitutes reaffirmation of your Consent which you may withdraw as outlined above.

Your Consent

By checking the box next to “I acknowledge that I have read, understand, and consent to the E-SIGN Consent to Use Electronic Records, Signatures, and Audio-Visual Recordings, and agree to receive disclosures electronically, sign documents electronically, and the audio-visual recording of my voice and likeness while performing a transaction on the Stavvy Platform,” and proceeding with the transaction, you agree that: 

  • You can access, save, download, and print Communications that are delivered to you by the methods described above; and 
  • You confirm your agreement with the terms of this Consent to receive Communications from Us electronically.

In addition, by providing your consent, you acknowledge and agree to be bound by Stavvy’s Terms of Service and the Stavvy’s Privacy Policy.

If you do not agree to the terms and conditions of this Consent, do NOT check the box.

 

See eSign Consent V1 (Archived November 4, 2022)
See eSign Consent V2 (Archived June 26, 2023)
See eSign Consent V3 (Archived September 12, 2024)
See eSign Consent V4 (Archived October 23, 2024)