Dow Chemical Employees' Credit Union

Electronic Signature (ESign) Disclosure and Agreement

Before you may use the Dow Chemical Employees’ Credit Union (“DCECU”) online account opening, document delivery, retention, and signature process (defined herein) and Online Banking and Mobile Banking Services, you must agree to this ESign Disclosure and Agreement, the DCECU Account Agreement & Disclosures, Courtesy Pay Notice and the Terms and Conditions for Online Banking and Mobile Banking (collectively the “Agreements”) as applicable. By consenting to the Agreements, you agree that DCECU can provide the documents described in this Agreement (the “Documents”) to you electronically through either Online Banking, Mobile Banking, or through DocuSign (or another third party vendor selected by DCECU). This ESign Disclosure and Agreement is required by the federal Electronic Signatures in Global and National Commerce Act (“ESign Act”) in order for us to provide you with an electronic version of the Agreements and the Documents.

For purposes of this Agreement, online account opening, document delivery, retention, and signature process shall mean the DCECU online platforms that allow consumers to apply for accounts and loans, receive, consent to, agree, and sign Agreements and Documents electronically. These online platforms may be provided by third parties on behalf of DCECU. Any third party vendor used to provide these platforms may not be affiliated with DCECU and such use may be subject to separate terms and conditions of use. DCECU reserves the right to change third party vendors at any time with or without notice. Separate fees may apply.

Please review the Agreements carefully and keep a copy for your records. To retain copies of the Agreements and all Documents, please save them to the hard drive on your personal computer or you may print them using your browser print feature.

Documents

If you consent to this ESign Disclosure and Agreement, you are agreeing that DCECU may deliver any and all of the following Documents to you electronically through Online Banking, Mobile Banking, or through DocuSign: (1) periodic statements for share/deposit accounts; (2) disclosures, notices and other documents required by law to be provided in connection with share/deposit account opening, use, or maintenance; (3) tax statements in connection with share/deposit and/or loan accounts; (4) disclosures, notices, and other documents required by law to be provided in connection with loan account opening, use, sale, servicing, or collection; (5) periodic statements for loan accounts; (6) disclosures, notices, and other documents required by law to be provided in connection with the opening, use, or maintenance of any service related to a deposit or loan account, such as online banking, mobile banking or bill pay; and (7) change in terms notices required by law for any share/deposit account, loan account or other service. You will need to select in Online Banking or Mobile Banking your election to receive periodic statements described in (1) and (5) above, notices described in (2), (4), (6) and (7) above and tax statements described in (3) above.

Specifically, Documents include, but are not limited to: annual percentage yield (APY) disclosures; renewal notices for certificates of deposit; overdraft protection notices; funds availability disclosures; hold notices on deposits; error resolution notices; fee schedules, transaction limits; initial disclosures under Regulation E and NCUA Part 707; Truth in Lending disclosures; Loan Estimates of loan costs; Closing Disclosures for loans; appraisals and other written valuations; account opening disclosures for home equity lines of credit; adverse action notices; privacy notices; credit insurance disclosures; and change in terms notices required by Regulation E, NCUA Part 707 and Regulation Z or any other law or regulation.

This Agreement applies to the Documents related to each and every consumer purpose loan, share/deposit account, and service for which you apply, obtain or have obtained from DCECU.

For members that consent to this Agreement in person or via telephone, you must confirm your consent electronically. To do so, you must take the following steps:

  1. Retrieve an email from DCECU in the designated inbox regarding your Document.
  2. Click the link provided in the email message.
  3. Review the message. We recommend that you also review the Agreement provided as part of the message.
  4. Click your agreement or consent to any Document.
  5. Click the button to continue and review documents.

Until you have confirmed your consent, you will continue to receive paper Documents.

Delivery of Documents

Some Documents will be provided through Online Banking, Mobile Banking, or by email, while others will be provided through DocuSign or another third party vendor selected by DCECU. For Documents sent through DocuSign, you will either receive Documents in-session (i.e. provided as part of the online account opening process) or you will receive an email when a Document is available for your review, consent, and signature. If the Document is not provided in-session, the email will provide you with a link to DCECU’s online platform where you will: (1) acknowledge receipt of the Document listed and your continued affirmation of the ESign Disclosure and Agreement, including the electronic signature provision below; and (2) apply your electronic signature. DCECU will never ask you to provide nonpublic personal information through email. Other Documents may be provided through Online Banking and/or Mobile Banking.

Notice of Document Availability

If the Document is delivered by Online Banking or Mobile Banking, we will attempt to notify you by email to the address noted in your primary contact information listed in your Online Banking profile that a Document is available for viewing. However, your Documents will be available online regardless of whether or not you receive an email from us. It is your responsibility to Sign In to Online Banking or Mobile Banking to access and view your Documents.

Paper Delivery of Agreements and Documents

You have a right to receive paper copies of the Agreements and each of the Documents. However, if you consent to this ESign Disclosure and Agreement, DCECU will not mail or otherwise deliver paper copies of Agreements and Documents to you, unless you specifically request a paper copy. To receive a paper copy, please request it in one of the following ways: in writing by mailing your request to PO Box 1649, Midland, MI 48641-1649; by calling 989.835.7794 or 800.835.7794; or by stopping in to DCECU. Fees and charges for copies may apply as outlined in the Account Agreement and Disclosures.

After you have indicated your acceptance of the terms and conditions of the Agreements, you cannot withdraw your consent to receive the Agreements electronically or any changes, alterations or amendments to this ESign Disclosure and Agreement and the Terms and Conditions of Online Banking and Mobile Banking. However, you can withdraw your consent to receive all Documents and changes, alterations or amendments to the other Agreements electronically in one of the following ways: in writing by mailing your request to PO Box 1649, Midland, MI 48641-1649; by calling 989.835.7794 or 800.835.7794; or by stopping in to DCECU. If you withdraw your consent to receive changes, alterations and amendments to the ESign Disclosure and Agreement and the Terms and Conditions of Online Banking and Mobile Banking, your Online Banking and Mobile Banking services will be terminated immediately. After your withdrawal is effective, DCECU will not provide the Documents selected electronically and, to the extent required by law, will provide them to you in paper or other non-electronic form.

Hardware and Software Requirements to Access and Retain Agreements and Documents

To receive an electronic copy of the Agreements and Documents, you must have the following equipment and software:

To retain a copy of the Agreements and Documents, your device must have the ability to download and store both HTML and PDF files.

Notification of a Change in Email Address

You agree to notify DCECU immediately of any change in your email address. Notice must be given by changing your email address via Online Banking, visiting DCECU, or by completing and mailing the address change form available upon request from DCECU.

Electronic Retention of Records

You agree that DCECU, at its option, may retain the Agreements and Documents in electronic format only. This includes, but is not limited to, Documents pertaining to any loan you obtain from DCECU, including your note and mortgage. If retained electronically, the electronic copy shall be considered an original.

Changes to the Agreement

You understand and agree that DCECU retains the right, to the extent permitted by law, to amend the Agreements at any time without consent by providing you with written notice of such change electronically and in accordance with this ESign Disclosure and Agreement or via mail to your last known mailing address.

DocuSign, or other third party vendor, may be used during the online account opening process, to provide lending products and services or conduct other business with you. When applicable, you agree that you are adopting the following as your “Electronic Signature”: 1) clicking “I Agree” or “I Consent” in connection with any Document; 2) by writing your signature via a mouse, finger, or stylus (depending on the signature style selected in the DocuSign system); and 3) by any other method permitted by DCECU and/or DocuSign to express consent or agreement to a Document. Further, you agree that the Electronic Signature is an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed and adopted by you with the intent to sign the record/Document in accordance with the ESign Act. In addition, you agree that your Electronic Signature shall have the same effect as if you had signed the Document or electronic record in ink.

Rev. 04/17/2017

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