“We,”“us,” and “our” shall refer to, as the context requires, both Ahead Financials, LLC and The Bancorp Bank. “You” and“your” refers to the owner of the demand deposit account (“Deposit Account” or“Account”). This Electronic Communications Agreement (“Disclosure”) applies to all communications related to the Account and accompanying services available throughwww.aheadmoney.com(the “Website”) or theAhead mobile application (“App”). To obtain services from us related to your Account, you must create an Account using the App. To create an Account with Ahead, you must (1) be able to access theApp using a mobile phone or other device which is capable of accessing theInternet and the application store, (2) have an active email account through which you can receive emails from us, and (3) consent to our use of our website, the App, your mobile device or emails to provide you any written information that we may be required to send you in connection with your Account.
By submitting an application for an Account:
you acknowledge that you can access and read information we post on our Website,
you agree to provide an email address that is active and effective for receiving emails from us,
you consent to receive electronically at our Website and the App the notices and disclosures required by law related to your Account and your application for an Account, and
you acknowledge receiving the following disclosures required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”).
Please read this Federal ESIGN Disclosure and Consent carefully and keep a copy for your records. Your consent is voluntary, but we cannot process your application or open an Account for you if you do not consent. If you are unwilling to receive these disclosures and notices electronically, you may cancel this transaction at no cost by closing the App at any time before you click “Submit” on the disclosure review screen in the App. ThisDisclosure supplements and is to be construed in accordance with the terms of the agreement (“Agreement”) you received when you obtained the Account.
The Account is intended for use only by person(s) who are willing and able to receive notices and communications exclusively through the Website, the Mobile App or via electronic mail (“E-mail”). If you do not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then you may not open an Account. Similarly, if after providing consent hereunder, you withdraw it, we reserve the right to close the Account and terminate your participation in the Deposit Account program.
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. You consent to receive electronic Communications and transactions includes, but is not limited to:
All legal and regulatory disclosures and communications associated with the Account and any related products or services;
The Agreement and any notices about changes in terms;
Privacy policies and notices;
Responses to claims filed in connection with the Account;
Notices regarding insufficient funds or negative balances; and
All other communications between us and Customer concerning the Account and any related transactions, products or services (e.g. periodic statements).
Method of Providing Communications in Electronic Form. All communications that we provide in electronic form will be provided by: (1) Email;(2)Making it available online and accessible via your Ahead Account “dashboard;”(3) text messages; (4) push notifications through the App; or (5) Requesting you download a PDF file containing the Communication. Periodic statements will be made available on the 5th day of each month in the App by logging into your Ahead Account and finding the “Statements” tab in the settings. You will not receive a notification when your periodic statement is available to be viewed. You are responsible to retrieve the periodic statement(s) from the App.
How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by contacting us at Ahead Financials LLC, 1750 Broadway, Suite 300, Oakland, CA 94612. If you withdraw consent, the Account will be closed and a balance refund check may be issued in accordance with the terms of the Agreement. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Records. It is your responsibility to provide us with a true, accurate and complete email address, contact, and other information related to this Disclosure and the Account, and to maintain and update promptly any changes in this information. You can update information (such as the email address) through your Account dashboard on the Website or App by logging on using your username and password. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last email address you provided to us.
Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available, you must have either a personal computer capable of running one of these compatible browsers OR a mobile device running on the below versions:
Internet Explorer version 9.0 or higher.
Firefox version 35 or higher.
Safari version 6.1 or higher. Chrome version 38 or higher.
Apple iPhone or iPad running iOS version 8.0 or higher.
Android phone running Android version 4.1 or higher.
AND access to an active email account with an Email service provider.
We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified of the changes accordingly.
Requesting Paper Copies. We will not send paper copies of any Communication, however, 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. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, email us at firstname.lastname@example.org or call us at 833-33-AHEAD (833-332-4323) during normal business hours. There are no fees associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Disclosure.
Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a copy of this Disclosure and any other Communications.
Federal Law. You acknowledge and agree that 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 (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.
Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.
Consent. By checking “I agree,” you adopt the checkmark as your electronic signature, and you give us your affirmative consent to receive electronic Communications as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with your current email address to which we may send you electronic Communications.