ESIGN Consent to Use Electronic Records and Signatures (ESIGN Consent)
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when: (1) Pinwheel or Agent's electronic signature is associated with the documents, (2) Pinwheel or Agent consents and intend to be bound by the documents, and (3) the document is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., email, print or otherwise store the electronic record). When accepted in electronic form all electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept,” “I Agree”, or any other form of electronic signature, Pinwheel or Agent, as the case may be, agrees: (i) that the documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of the documents, and (iii) that it has had the ability to print or otherwise store the documents.
If this Agreement was transmitted as an ‘‘electronic record’’ containing one or both parties ‘‘electronic signature,’’ as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile or electronic mail (e.g., pdf) transmission of this Agreement containing a copy or representation of one or both parties’ signature, this Agreement shall be as effective, enforceable and valid as if a paper version of this Agreement were delivered containing one or both parties’ original hand written signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one single agreement between the parties.