This E Disclosure and Consent is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act, as adopted by the various States, including without limitation, Utah Code §46-4-101 et seq.
Capitalized terms used in this E Disclosure and Consent have the meanings set forth in the Agreement or Terms and Conditions to which this E Disclosure and Consent is attached, except the words “You” and “Your” refer to the particular Person entering into or agreeing to the Agreement or Terms and Conditions.
This disclosure relates to all electronic interactions between You and Waterford Research Institute, LLC (“Waterford”) including, without limitation, our corporate websites and web-based applications, electronic fund transfers, the use of electronic signatures, and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how Waterford delivers communications to You and collects or receives Your authorization/consent electronically.
Waterford may modify or amend this disclosure and consent agreement in order to comply with new laws and regulations or to reflect changes in our business practices. The revised version of this agreement will be posted on the Website and take effective immediately. Users will be notified of substantial changes thirty (30) days prior to those changes taking effect and via the Website and Your preferred method of communication.
By entering into and accepting the Agreement or Terms and Conditions to which this E Disclosure and Consent is attached or provided, You agree and consent to electronically receive communications, agreements, notices, documents, and disclosures relating to the Terms and Conditions outlined in Waterford’s End User License Agreement (“EULA”) (collectively, “Communications”). Communications include agreements and policies You agree to (for example, and not by way of limitation, the Agreement, including the Privacy Policy) using digital means of authorization including eSignature, acceptance of terms via digital checkboxes, or requests for Your initials. This includes updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Agreement, Websites, or Waterford Web Applications.
Waterford Institute may provide Communications to You through any of the following methods: publishing directly on the Website, using in-app notifications, emailing You, or sending SMS text messages (by opt-in only, fees may apply).
In order to access and retain electronic Communications, You will require access to the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by You in the New Account Form); and sufficient storage space to save past Communications or an installed printer to print them.
Waterford will notify You if there are any material changes to the hardware or software needed to receive electronic Communications from Waterford. By giving Your consent, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records; they may not be accessible online at a later date.
You have the right to withdraw Your consent to receive electronic Communications at any time. To withdraw consent, You may send a written request (a) by regular mail to Waterford Institute at 1590 East 9400 South, Sandy, Utah 84093, (please include ATTN: UPSTART) or (b) by email to support@waterford.org with the subject line “E-SIGN: OPT OUT”. If consent is withdrawn, Waterford will mail any agreements in paper form to You by U.S. mail at the mailing address on file with Waterford as Your primary mailing address along with instructions about how to return the signed paper agreements. You will be required to return the signed paper agreements within 10 days. Waterford reserves the right to discontinue Your access to its Website and Web applications and/or terminate any and all agreements with You.
If, after You consent to receive Communications electronically and/or provide authorization/consent digitally via eSignatures, You would like a paper copy of a Communication Waterford previously sent You, You may request a copy within one hundred eighty (180) days of the date Waterford Institute provided the Communication to You by contacting Waterford by sending a written request (a) by regular mail to Waterford Institute at 1590 East 9400 South, Sandy, Utah 84093, (please include ATTN: UPSTART) or (b) by email to support@waterford.org with the subject line “DOCUMENT REQUEST: ”. Waterford will send Your paper copy to You by U.S. mail. In order for Waterford to send paper copies to You, You must have a current street address on file with Waterford as Your primary mailing address.
You are responsible for keeping Your primary email address on file with Waterford up to date so that Waterford can communicate with You electronically. You understand and agree that if Waterford sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, Waterford still will be deemed to have provided the Communication to You.
If You use a spam filter or other technology that blocks or re-routes emails from senders not listed in Your email address book, You must add Waterford to Your email address book so that You will receive the Communications Waterford sends to You.
You can update Your primary email address or street address at any time by sending a request for update that includes the updated information to Waterford (a) by regular mail to 1590 East 9400 South, Sandy, Utah 84093, (please include ATTN: UPSTART) or (b) by email to support@waterford.org with subject line “INFORMATION UPDATE REQUEST”.
Last updated 7/19/2018
