Please read this E-SIGN Notice and Consent Agreement (this “Agreement”) carefully and retain a copy for your records. This Agreement details how Fabick Cat and anyone acting on its behalf (“Fabick Cat,” “us,” “we,” “our”) communicates with you electronically. By agreeing to the terms within this document, you are providing consent for us to use electronic communications and signatures in our interactions with you as detailed below.
If you click on any hyperlink provided for convenience below, be sure to return to this page to finish reading this ESIGN Consent.
Your Legal Rights
Certain laws and regulations may require us to provide specific information to you in writing, which means you have a right to receive that information on paper. With your consent, however, we may deliver this information to you in an electronic format.
Your consent will extend to anyone else listed on your account, to the extent allowed by applicable law. Because some of our accounts, products, or services are delivered online and use electronic communication to provide necessary information, your agreement to this ESIGN Consent is a requirement for using these services. There may be instances where we send you information in paper form, but we still need your approval to send communications electronically that are traditionally required to be provided on paper. It is essential that you possess the necessary hardware and software (detailed below) to access these electronic records and communications.
Information to be Provided in Electronic Form
Your agreement to this ESIGN Consent enables us to provide all information relevant to your account, equipment, and services with Fabick Cat electronically. This includes:
- This ESIGN Consent and any updates;
- Notices and disclosures;
- Documents you agree to sign;
- Agreements and policies, and any amendments or changes thereto;
- Records, receipts, statements, and invoices; and
- All other communications or documents related to your account, equipment, or services.
In addition, you acknowledge and agree that your electronic signature or digital acceptance has the same effect as if you provided a wet-ink signature.
In instances where the law or an agreement requires you to provide us with a written notice, you must still furnish such notices to us on paper, unless we specifically notify you that you may deliver that notice to us electronically.
Your Electronic Communications Preferences and Option to Receive Paper Copies
Your consent remains in effect until you notify us that you are withdrawing it. If we provide electronic records to you, and you want a paper copy, you may contact customer service at 800.845.9188 and request paper copies. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law. If a fee will be charged, you will be advised of the amount of the fee before the paper copies are sent.
Withdrawing Your Consent
You have the right to withdraw your consent at any time. However, please be aware that withdrawal of consent may result in the termination of your access to your online account and certain other services that depend upon the provision of this consent. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
Subject to applicable law, you may withdraw your consent by calling us at 636.680.1309. You will not be charged a fee for withdrawal of your consent.
Required Hardware and Software
To electronically receive, view, save, or print electronic records, you must have a valid e-mail account and e-mail address; personal computer, tablet, or mobile device equipped with an operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing electronic records received in electronic form via e-mail or our website: Microsoft Edge, Google Chrome 10, Firefox 3.6, Safari 4.0, or any later version of these supported browsers able to connect to the Internet. In certain circumstances, we may need to block certain browsers and software due to possible security risks and may not be able to inform you in advance. While you may be able to access and retain the electronic records using other hardware and/or software, we recommend that you use the latest version of the supported browsers identified above, keep your security settings up to date, and enable JavaScript.
Most electronic records we provide are either in HTML and/or PDF format. For electronic records in PDF format, Adobe Reader 6.0 or later versions is required. To install a free version of Adobe Reader, click here. To print or download electronic records, you must have a printer connected to your device or sufficient hard-drive or other storage space to store the electronic records.
In certain circumstances, electronic records may be provided by e-mail. You are responsible for providing us with a valid e-mail address to accept delivery of those electronic records. You must also promptly notify us of any change in your email or other electronic address. If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that any electronic records shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our website, e-mailed to the e-mail address we have for you in our records, or delivered through other electronic means.
At our option, we may also post the emailed electronic records on our website. In this situation, you agree that once we email the electronic records to you and/or post them on the website, we have delivered the electronic records to you in a form that you can retain.
Retain Copies of Electronic Records
We recommend that you print or download a copy of this ESIGN Consent and all electronic records for your permanent records. If you have not already placed a copy of our Privacy Policy in your records, you can obtain a copy here. Our remaining Legal Terms are available on our online portal.
By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, and/or service users associated with your account.