E-Sign Disclosure & Consent Notice

By accepting this E-Sign Disclosure & Consent Notice as indicated below, you consent to receive and view disclosures, notices, statements and other communications (collectively, “Communications”) from Upward Financial Inc. (“Upwardli”) relating to your account electronically by any of the following means:

• Text to your mobile phone number associated with your account (which may include a link to Communications on our website or in our Service);
• To your email associated with your account; or
• Notifications from our web or mobile applications.

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Communications will include, but may not be limited to, the following:

• Our website, Privacy Policy, or User Agreement (“Legal Policies and Agreements”);
• Disclosures and/or amendments we may provide you under our Legal Policies and Agreements;
• Activity and any other information regarding your use of our Service and account;
• Receipts, confirmations, status updates, authorizations and transaction history for your account
• Communications regarding the resolution of any claimed errors; and
• Communications required or permitted by law or regulation.

Your Right to Revoke Consent. Because we communicate electronically, you must provide your consent to receive Communications electronically in order to establish a Upwardli account and use our Service. You may withdraw your consent to receive all Communications electronically by contacting our Customer Service through the Contact Us page on our website. If you fail to provide, or if you withdraw, your consent to receive Communications electronically, we will decline to establish an account for you, or we will terminate, suspend or decline to provide the Service, unless you are entitled by applicable law to receive non-electronic Communications.

HARDWARE & SOFTWARE REQUIREMENTS
In order to receive Communications, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must have the following:

• Computer or mobile device with Internet connection;
• A current web browser with cookies enabled;
• A valid email address on file in your account;
• Ability to store or print the Communications; and
• if you use a spam blocker, you must add service@upwardli.com to your email address book or whitelist (collectively “System Requirements”)

We reserve the right to change these System Requirements and will provide you with a Communication when we make a material change to the System Requirements.

RECEIVING TEXTS & EMAILS

In order to receive Communications, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Communications including attached electronic documents and that such Communications, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your account if your email address changes. 

You acknowledge that our ability to notify you of the availability of your Communications is contingent on the validity of mobile phone number and email address in our records. You understand and agree that if we send you a Communication and you are unable to receive the Communication because you provided inaccurate or blocked contact information or if the Communication is otherwise unavailable to you, we will deem such Communication provided to you. However, if your mobile phone or email address is no longer valid, we reserve the right to determine your account is inactive or take other actions as set forth in this Agreement. You will not be able to conduct any transactions in your account until you update your mobile phone or email address in your account.

Reservation of Rights. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. However, we reserve the right to provide you with any Communication in writing, rather than electronically. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your account. Although we may waive our fee for delivery of paper Communications, we reserve the right to charge a Communication request fee and to increase this fee at our discretion.

Print Disclosures. We recommend that you print a copy of this Agreement and any Communication that you view electronically for your records as the Communication may not be accessible online at a later date.

Your Consent. By clicking on the “Join Now” or “Create Account” button in our sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Communications to you electronically, on the terms and conditions set forth in this Agreement (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Communications electronically, you will not be able to open an account with us to use our Service.

General. You understand and agree that we are responsible for sending the Communications to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Communication, subject to your right to revoke your consent to receive Communications electronically.