Last Updated: January 2nd, 2024
This E-Sign Disclosure and Consent (“Consent”) applies to all Communications for our products and services offered or accessible through online or electronic communications, including our interactive Web site, e-mail or other means that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words “we”, “us”, and “our” refer to the merchant, Avytree, Inc. and its subsidiaries, and our agents, successors, and assignees. The words “you” and “your” mean you, the individual(s) who have established electronic contact with us. As used in this Consent, “Contract” means any Retail Installment Contract or service on behalf of the merchant from whom you have purchased goods and/or services. “Communication” means any customer agreements; periodic billing statements; disclosures; notices; responses to inquiries, requests or demands; transaction history; privacy policies and all other information related to the Contract, including but not limited to information that we are required by law to provide to you in writing.
You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communication to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.
You may withdraw your consent to receive Communications in electronic form by:
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by calling us at (949) 620-6929, or by contacting us at an e-mail address or an on-line portal that you and we have previously used for Communications; or by sending us written notice at support@avytree.com.
In order to access, view, and retain electronic Communications that we make available to you, you must have:
We will not send you a paper copy of any Communication which is available electronically, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call us at (949) 620-6929, or contact us at an e-mail address or an on-line portal that you and we have previously used for Communications; or by send us a written request at support@avytree.com. 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.
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 Consent 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. If we do so, we will provide you with notice of any such termination or change as required by law.
You acknowledge and agree that we will not send a physical copy of your Truth-in-Lending Disclosure to you to view and sign. Prior to confirming a contract through Avytree, you have the ability to view, download, and print the Truth-in-Lending Disclosure yourself at the time of checkout. After a contract is confirmed through Avytree, we will send you a link to an interactive Website (https://app.avytree.com/login/) where you can view and obtain a physical copy of your Truth-in-Lending Disclosure by downloading and printing it yourself.
Instructions on how to request a paper copy of your Truth-in-Lending Disclosure from us are outlined in Section 6 of this E-Sign Disclosure and Consent.