In order to access the website or API (web widget, mobile application, or any other similar platform) owned, controlled or offered by Tremendous, LLC, or its successors and assigns (“Tremendous,” “we,” “us,” or “our”) (the “Site”), you must authorize us to provide any and all Communications (defined below) electronically. Through the Site, Tremendous provides services to business customers and recipients in connection with the distribution of rewards, incentives, and promotional financial products (the “Services”). This E-SIGN Disclosure and Consent (this “E-SIGN Consent”) describes how we will communicate with you and your rights, including a right to revoke your consent. If you revoke your consent to receive Communications electronically, you understand that you may not continue to access the Site or use the products or services provided by Tremendous through the Site. This E-SIGN Consent applies to your activities on the Site, including products and services provided directly to you by third-party providers of financial products (e.g., merchant gift cards or prepaid cards) (such parties, the “Providers”), by Tremendous, and by Tremendous on behalf of Providers.
Please read this E-SIGN Consent carefully.
- Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices, and other communications associated with your access to the Site and use of the Services, including but not limited to information about costs, transfers, and any and all legally required pre- and post-transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this E-SIGN Consent or the terms applicable to your use of the Site or Services; (v) statements, information, and records regarding your transactions; (vi) information regarding the debiting or crediting, as applicable, of your selected payment method(s); (vii) any and all legal required error resolution policies and responses to claims filed in connection with your use of the Services; (viii) any other communications related to your access to and/or use of the Site or Services; and (ix) with your consent, marketing and other promotional communications (collectively, “Communications”).
- Communications in Writing. All Communications in either electronic or paper format from us to you will be considered to be “in writing.” You should print or download for your records a copy of this E-SIGN Consent and any other Communications that are important to you.
- Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (i) via e-mail, (ii) by access to a website that we will designate in an email notice that we send to you at the time the information is available; or (iii) to the extent permitted by law, on the Site or via SMS text message. You agree to promptly review all Communications sent to you and agree that these are reasonable procedures for sending and receiving electronic communications.
- Controlling Agreement. This E-SIGN Consent supplements and modifies other agreements you may have with us. To the extent that this E-SIGN Consent and another agreement contain conflicting provisions, the provisions in this E-SIGN Consent with respect to Communications will take precedence (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software, and operating system, in which such other provisions controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement.
- How to Update Your Records. In order to receive electronic Communications, at the time you first use the Services and/or access the Site, you must provide us with a true, accurate, and complete email address and such additional contact information as we may reasonably request. You must promptly notify us of any changes to this information. You can update information (such as your email address) through the Site.
- Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your email account, your Tremendous Client Account, or a commercially available Internet browser. You may wish to utilize a device that is capable of storing or printing your records.
- Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of any electronic Communication by printing it yourself. 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 may obtain a paper copy of any legally required Communications or agreements by submitting a request to [email protected].
- How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by sending an email to [email protected]. Any withdrawal of you consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. However, solely withdrawing your consent to receive marketing communications does not preclude your continued use of the Services. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access such records.
- Federal Law. You acknowledge and agree that your consent to receive 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 “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- Termination/Changes. 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. We will provide you with notice of any such termination or change by posting notice on the Site, sending notice via email to the address associated with your Tremendous Client Account, and/or sending notice to the email address or phone number provided by you to redeem your payout.