This Digital Account Opening E-SIGN Act Disclosure and Consent Agreement (“E-SIGN Disclosure”) provides important information required by the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) applies to your consent to and the electronic delivery of all communications, disclosures, required agreements and contracts (collectively, “Communications”) between Western Alliance Bank (“Bank”) and you and otherwise to establish terms and conditions for products and services you receive from or through us, relating to your application for a new deposit account with Bank that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. In this E-SIGN Disclosure, "you" and "your" means the person(s) who are completing the application, authorized signers, officers, or owners of the account(s) opened electronically on this website.
1. Scope of Communications to Be Provided in Electronic Form.
By checking the box agreeing to this E-SIGN Disclosure, you agree that the Bank may provide any and all Communications and documents relating to the online opening of your deposit account in electronic format. Your signature and agreement may be obtained by us electronically and includes mouse clicks, keystrokes, your use of passwords or other authentication systems. You agree not to contest the authorization for, or validity or enforceability of, our electronic records and documents, or the admissibility of copies thereof, under any applicable law related to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records, and electronically “signed” documents, if introduced as evidence on paper in any judicial or other proceedings will be admissible to the same extent and under the same conditions as other documentary business records. Upon our request, you agree to manually sign or place your signature on any paper original of any record or “signed” document which we provide to you containing your purported signature.
Your consent to receive electronic Communications includes, but is not limited to:
- All legal and regulatory disclosures associated with deposit accounts available through the online application at Bank;
- All other documentation relevant to a deposit account, including agreements, amendments, account opening documentation, terms, and conditions, and other such information.
- Notices or disclosures about a change in any of the documents associated with the online opening of your account.
- Pricing and fee schedules associated with your deposit account.
- Privacy policies, notices, approval or denial decisions, and such other communications Bank may include from time to time associated with the online opening of your account.
2. Method of Providing Communications in Electronic Form.
All Communications Bank provides to you in electronic form will be provided either (1) via email at the email address you specify on the digital account opening application, (2) by access to the digital account opening platform, or (3) by printing or saving a copy as a Portable Document Format (“PDF”) or other electronic file containing the Communication.
3. How to Withdraw Consent.
When you consent to receive electronic delivery of Communications for online account opening, you are providing a one-time consent, therefore there is no procedure for withdrawing consent. If you do not want to consent to receive Communications in electronic form, you will not be able to apply for an account online. You will still be entitled to apply to open accounts through other methods the Bank permits, such as in-person.
4. Hardware and Software Requirements.
In order to access, view, and retain electronic Communications that the Bank makes available to you, you must have access to:
- an up-to-date web-browser, such as Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari.
- a working connection to the internet.
- a current version of software that enables you to view and print Portable Document Files (“PDF”) such as Adobe® Acrobat Reader or similar;
- a device (e.g., a computer, smartphone, mobile device, tablet, etc.) capable of supporting all of the above.
- e-mail capability; and
- a printer if you want to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
Additional hardware or software requirements may apply.
5. Requesting Paper Copies.
The Bank will not send a paper copy of any communication, unless you request it, or the Bank otherwise deems it appropriate to do so. You may request a paper copy of any electronic communication by printing it or by requesting that the Bank mail a paper copy. To request a paper copy, contact Bank by telephone at (833) 381-8008. In your request, please specify the Communication you would like to receive in paper form, and your current mailing address. The Bank reserves the right, but assumes no obligation, to provide a paper (instead of electronic) copy of any Communication regardless of your authorization for electronic delivery.
6. Communications in Writing.
All Communications in either electronic or paper format from the Bank to you will be considered “in writing.” You should print or download for your records a copy this E-SIGN Disclosure, and any other communication that is important to you. Paper copies may be requested, subject to any applicable fees and record retention requirements.
7. Federal Law.
You acknowledge and agrees that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the E-SIGN Act, and that both you and the Bank both intend that the E-SIGN Act apply to the fullest extent possible to validate Bank’s ability to conduct business with you by electronic means.
8. Acceptance and Consent.
By checking the ‘I agree’ box on the previous webpage, You acknowledge each of the following:
- You can access and read this E-Sign Consent document;
- You have the hardware and software listed above to be able to receive and retain the described disclosures electronically; and
- You have read, understand, and agree to be bound by all of the terms and conditions in this E-SIGN Consent, and consent to receive Communications and execute documents electronically according to the process described herein.