E-SIGN

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Last Updated: August 1, 2010

Agreement and Consent Regarding Electronic Communications

Please read this Agreement and Consent Regarding Electronic Communications (referred to as the “Agreement”) and retain a copy for your future reference. This Agreement contains important information regarding your transaction of business electronically with SmartyPig and Compass Bank (“BBVA Compass”). In this Agreement, the following terms have the meanings shown below:

  • The words "we," "us," and "our" refer jointly and collectively to SmartyPig and BBVA Compass.
  • The words "you," “your” and "yours" refer to each individual with a SmartyPig User Profile or SmartyPig Account.
  • The term “SmartyPig Account Holder” refers to each individual with a SmartyPig Account.
  • The term “SmartyPig Savings Goal” refers to the specific financial goal for which a SmartyPig Account Holder is saving. A SmartyPig Account Holder may have one or more SmartyPig Savings Goals.
  • The term “SmartyPig Account” refers to the collection of one or more SmartyPig Savings Goals and funding sources. You may have one or more SmartyPig Account. Each SmartyPig Account may have one or more SmartyPig Savings Goals.
  • The term “Savings Account” refers to the savings account maintained at BBVA Compass to which funds are deposited with regard to a specific SmartyPig Savings Goal. SmartyPig Account Holders have a Savings Account for each SmartyPig Savings Goal.
  • The term "Account Communication" refers to any and all communications regarding your SmartyPig User Profile, SmartyPig Account, SmartyPig Savings Goal or Savings Account such as periodic account statements for the Savings Account, agreements and changes to the terms of an agreement governing your SmartyPig User Profile, SmartyPig Account, SmartyPig Savings Goal or Savings Account, tax forms and all other information and notices related to the SmartyPig User Profile, SmartyPig Account, SmartyPig Savings Goal or Savings Account including any disclosures that we are required by law to provide to you in writing.

Consent for Electronic Communications

Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand. Therefore, online contracts have the same legal force as signing an equivalent paper contract in ink. Please note, to apply for products and services online, you will be required to utilize an electronic signature.

You authorize us to provide any and all Account Communication electronically, rather than in paper format. For any Account Communication that we provide you electronically, we have no obligation to provide you with a paper copy of the Account Communication. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Account Communication.

You do not have an option to elect to receive Account Communication in paper format. We will only provide you with paper copies of any records when required to do so by law or court order, in which case we may charge you a per-page fee of $5 and a shipping and handling fee of $5 per Account Communication copy. Contact Customer Service at 888-567-6278 to request an Account Communication.

Printing/Downloading Records

You agree to print out and/or download any Account Communication and keep it for your records. If you have any trouble printing out, downloading, and/or accessing any Account Communication, you may contact us at 888-567-6278.

What Type of Hardware and Software Will I Need to Access Information

You must have a computer, PDA or pocket PC and connection to the Internet via a supported Internet browser. You must also have the ability to receive and read PDF files.

Browser Requirements

SmartyPig supports the following browser requirements:

  • Internet Explorer 7 and above (PC Only)
  • Firefox (Mac and PC)
  • Opera (Mac and PC)
  • Safari (Mac and PC)
  • Google Chrome (Mac and PC)

For your protection, SmartyPig does not support beta versions of browsers. Under normal circumstances, SmartyPig will support the final version of a browser shortly after the release date. SmartyPig regularly monitors and tests browsers to ensure the highest security standards for our users.

Having JavaScript enabled is not a requirement to use the SmartyPig site, but is recommended. Instructions on how to enable JavaScript through your Web browser can be found here:
http://help.yahoo.com/l/us/yahoo/help/faq/browsers/browsers-63474.html

Requirements to Retain Electronic Statements

You may access and retain Records from us in two formats:

  • You can send screen prints to your printer. Most Internet browsers provide a convenient method of printing the Records you view on your monitor. To retain a copy of the aforementioned, you may print copies from the SmartyPig Website where the Records will be provided.
  • You can save an electronic copy of Records to your personal computer, PDA, pocket PC or storage device, such as an external hard drive. Records will be provided in PDF format for download.

How to Update Your Contact Information

It is solely your responsibility to assure that the contact information you have provided to us is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. To update your contact information, log into your account at www.smartypig.com.

Withdrawing E-SIGN Consent

You may withdraw your consent to receive electronic communications at anytime. Doing so will terminate your SmartyPig Account and result in the closure of your Savings Account. To withdraw your consent to receive electronic communications, please contact SmartyPig Customer Support at 888-567-6278. Customer Support will verify your identity. Upon verification of your identity, your SmartyPig Account, SmartyPig Savings Goal and Savings Account will be deactivated and/or closed. The balance of your Savings Account and interest accrued up to the date of termination will be mailed to Account Holder in the form of on a cashier’s check and mailed to the address on file. It could take up to 5-7 business days, once all pending transactions have cleared, before the check can be issued and mailed via USPS mail.

All Communications in Writing

All Account Communication delivered to you electronically as provided in this Agreement will be considered "in writing" and will be given the same legal effect as any all periodic statement, notice, agreement, acknowledgement or other information that is provided on paper. You should print or download for your records a copy of each Account Communication provided to you electronically, including this Agreement.

Federal Law

You acknowledge and agree that your 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, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

How to download PDF documents

Disclosures on the SmartyPig Website are available in Adobe® Portable Document Format (PDF). PDF allows for a cross-platform PostScript-based file containing any combination of text, graphics and images.

To download a PDF file, you have to click on the link beside the PDF icon: PDF

A dialog box from your browser will appear asking you if you want to save the file. Specify where you want the file saved for future reference. Also beside every icon, the size of the file is specified to let you know how long a file can take to download. Remember that depending on the speed of your Internet connection, Internet traffic and your Internet provider, the download time can vary.

Once the file is on your local drive, you can view, navigate or print the documents using Adobe Acrobat® software. If you do not have this software, a copy of Acrobat Reader® or Exchange® is required. Adobe Reader® software is available for FREE in various languages, as well as operating systems including Windows, Macintosh, and Linux. Documentation for installation and operating requirements can be found on the Adobe® site here:
http://www.adobe.com/products/reader/systemreqs

Download a FREE copy of the latest version of Adobe Acrobat Reader® from the Adobe® web site here:
http://get.adobe.com/reader

Once the software is installed, you can view the PDF file by opening it in Acrobat Reader®.

Please consult the information provided with Acrobat Reader® or the Adobe® Website for any problems/questions you may have.