Electronic Documents

Electronic Documents

Although the execution and delivery of contracts via electronic means is now commonplace and constitutes widely accepted practice, the parties may nevertheless wish to confirm the acceptability of electronic signatures as well as the binding nature of electronic documents to avoid subsequent substantive and evidentiary challenges based on the digital form of such contracts (a related discussion on similar issues can be found at the section entitled “Electronic Counterparts” as they relate to NDAs).

Exemplar C27-1

The parties may execute this Agreement electronically (e.g. via DocuSign). The electronic signatures express the parties’ consent for this Agreement to be legally binding and to constitute proof of an equal effect to that of a paper document bearing handwritten signatures.

Exemplar C27-2

This Agreement may be executed by providing an electronic signature under the terms of the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act, and may not be denied legal effect solely because it is in electronic form. A party’s electronic signature shall constitute an authentication, original signature, effective execution, and are binding on the party. The parties hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of the signature.

Exemplar C27-3

No amendments, changes or modifications to this Contract, including to this Section, shall be valid except if the same are in writing and signed by the Parties hereto. For the purpose of executing this Contract or any amendment thereof, facsimile signatures, PDF image signatures or electronic signatures rendered via an electronic signature service (e.g. DocuSign, AdobeSign) shall be treated as original signatures if in accordance with the applicable law and any such document shall be deemed to be in writing.

Exemplar C27-4

You agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide us instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereinafter 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 us. You also represent that you are authorized to enter into this Agreement. You further agree that each use of your E-Signature in obtaining a unit from us constitutes your agreement to be bound by the terms and conditions of the Agreement upon which it appears.

Exemplar C27-5

You agree that Electronic Documents have the same legal effect as hard copies. You are responsible to obtain access to the Electronic Documents, and to open and read them, if you need to access them for any reason. If you cannot open or access your Electonic Documents you must contact us to resolve this. There are no special hardware or software requirements for viewing, accessing or retaining the Electronic Documents at this time other than: (i) having a personal computer or other device that is capable of accessing the Internet, (ii) having an Internet browser that is capable of supporting 128-bit SSL encrypted communications, and (iii) having software that permits you to receive and access Portable Document Format or PDF files, such as Adobe Acrobat Reader. You are responsible for installation, maintenance, and operation of your computer, browser and software. We are not responsible for errors or failures from any malfunction of your computer, browser or software. We are also not responsible for computer viruses or other related problems associated with use of an online system.