Disclosure and consent to electronic communications.
1.1 Consent to Electronic Communications. You understand and agree
that you are entering into this E-Sign Consent Agreement (“E-Sign Consent”)
electronically and you specifically agree to receive and/or obtain certain
categories of information ("Communications") from Morty by electronic means
(i.e., via email, through the Service by displaying links to notices generally
on the Site, or to your mobile device), unless and until you withdraw your
consent as described below.
The categories of Communications that may be provided by electronic
means include:
-
this E-Sign Consent, the Morty Terms of Service, Morty’s Privacy
Policy and any amendments, modifications, or supplements thereto.
-
disclosures or notices provided in connection with the Service,
including any required by Applicable Law (including initial
disclosures, initial and annual privacy notices, opt-out notices, and
change-in-terms notices).
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any customer service communications, including communications with
respect to claims of error or unauthorized use of the Site or Service;
and
- any other communication related to the Site or Service.
Although Morty reserves the right to provide Communications in paper
format at any time, you agree that Morty is under no obligation to do
so. All Communications in either electronic or paper format will be
considered to be "in writing." If you do not wish to receive this E-Sign
Agreement or the Communications electronically, you may not use the Site
or Service.
1.2 Consent to Short Message Service (SMS) Communications. As part
of your consent to electronic Communications, you agree to receive SMS messages
to each telephone number provided by you to Morty. You understand that such
SMS may include automated messages and may include multiple messages over
the course of your home financing process. Message and data rates may apply,
depending on your mobile phone service plan. Your consent is requested only
to allow Morty to contact you and is not required to use the Morty.com site.
1.3 Timing of Communications. Any electronic Communications will
be deemed to have been received by you no later than 5 Business Days after
Morty sends it to you by email or posts it on a Site, whether or not you
have received the email or retrieved the Communication from the Site. An
electronic Communication by email is considered to be sent at the time that
it is directed by Morty’s email server to your email address. You agree that
these are reasonable procedures for sending and receiving electronic Communications.
1.4 Updated Contact Information. You agree to promptly update your
Profile Information if your email address changes so that Morty may contact
you electronically. You understand and agree that if Morty sends you an electronic
Communication but you do not receive it because the email address on file
is incorrect, out of date, blocked by your service provider, or you are otherwise
unable to receive electronic Communications, Morty will be deemed to have
provided the Communication to you.
1.5 System Specifications. In order to access, view, and retain
electronic Communications that Morty makes available to you, you must have
access to: (a) a computer with an Internet connection; (b) a current web
browser that includes 128-bit encryption (e.g. Google Chrome (Version 49),
Mozilla Firefox (Version 45), and Apple Safari (Version 9.1)) with cookies
enabled; (c) Adobe Acrobat Reader version DC and above to open documents
in .pdf format; (d) sufficient electronic storage capacity on your computer’s
hard drive or other data storage unit to save past Communications and/or
an installed printer to print them; and (e) an email account with an Internet
service provider and email software. Your access to this page through your
device verifies that your device meets these requirements.
1.6 Withdrawal of Consent to Electronic Communications. If you have
registered as a user with Morty and you wish to withdraw your consent to
have Communications provided electronically, you must deregister by contacting
help@morty.com and stop using the Site and Service. There are no fees to
deregister with Morty. Any withdrawal of your consent to receive electronic
Communications will be effective only after Morty has a reasonable period
of time to process your withdrawal, which period of time shall be no longer
than fifteen (15) days, or such other time as is appropriate under the circumstances,
as determined by Morty in its sole discretion.
1.7 Withdrawal of Consent to SMS Communications. If you wish only
to withdraw your consent to have Communications provided via SMS, you may
opt-out of receiving SMS from us at any time by replying "STOP" or by emailing
help@morty.com. Upon receipt of your message or email, we will send you a
SMS message to confirm that you have been unsubscribed. At that point, you
will no longer receive SMS messages from Morty. If you need any assistance,
you can always send an email to help@morty.com.
1.8 Reservation of Rights. Morty reserves the right, in its sole
discretion, to discontinue the provision of your electronic Communications,
or to terminate or change the terms and conditions on which Morty provides
electronic Communications. Morty will provide you with notice of any such
termination or change as required by law.