E-SIGN Consent Agreement

Introduction

This E-SIGN Consent Agreement (“Agreement”) allows Wilmington Savings Fund Society, FSB  (“WSFS”), to provide you with electronic versions of important documents associated with your banking relationship with us. Certain laws and regulations require us to provide notices and disclosures to you in “writing” (traditionally this is defined as a paper notice); with your consent, the E-SIGN Act allows us to provide these documents to you electronically.

Definitions

The words “we,” “our,” “us” and “WSFS” mean Wilmington Savings Fund Society, FSB.

The words “you” and “your” mean each applicant, account owner, entity, and anyone else with access to the WSFS Account, as defined below. If there is more than one applicant, account owner, or entity, then these words mean each applicant, account owner, or entity separately, and all applicants, account owners, or entities jointly.

“Access Device” means any electronic device you use to access your account and view electronic documents. This includes, but is not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.

“WSFS Account(s)” shall refer to those accounts handled by or held at WSFS.

“Current Version” of technology software or hardware means a version that is currently being supported by its publisher.

Scope of this Agreement

This consent will remain effective until we receive notice that you are withdrawing it. Your consent does not mean that we must provide documents electronically, but instead that we may deliver some or all of those documents electronically to you. If you seek to obtain a new product with us, we may remind you that you previously consented to the use of electronic records and signatures. If you do not consent to use electronic records and signatures in relation to the new product, your decision does not withdraw any previous consent(s) provided by you, related to other products or services.

Electronic Delivery of Documents

If you consent, you will be able to receive documents electronically, including disclosures, statements and other records.  You must be able to download and open the electronic documents. You are strongly encouraged to save or print the documentation for future reference.

Requesting Paper Copies of Documents Presented Electronically

You agree and understand that paper versions of electronic documents may not be mailed unless you specifically request it. To request a paper copy of any disclosure, notice, or other document, contact your WSFS representative. Copies of electronic documents will be mailed to you at your request. There may be a fee related to mailing paper versions of electronic documents.

System Requirements

By consenting to this Agreement, you confirm that your Access Device meets the minimum specifications and requirements necessary to view and retain your electronic documents. In order to access, view, and retain electronic documents and communications that we make available to you, you must have:

An electronic device with a Current Version (defined above) of an Internet browser we support. Supported browsers are: Apple Safari, Mozilla Firefox, Google Chrome, and Microsoft Edge.

A connection to the Internet;

An email account and Current Version of an e-mail program;

A Current Version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader); and

A computer or mobile device with an operating system capable of supporting all of the above.

You may need to enable per-session cookies. If you wish to print out and retain records on paper, you will need a printer. If you wish to retain records in electronic form on your own device(s), you will need an electronic storage medium.

Changes to System Requirements

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. You have the right to withdraw your consent for electronic delivery at any time (see Withdrawal of Your Consent below).

Maintaining a Valid Email Address

It is important that you maintain a valid email address so that we may contact you regarding your account. You agree to maintain a valid email address and promptly notify us of any changes to your email address. You may update your email address at any time by contacting a WSFS Customer Service representative or by updating it in the online banking platform. If you fail to update or change an incorrect or invalid email address or other contact information, you understand and agree that any communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, emailed to the email address we have for you in our records, or delivered through other electronic means.

Withdrawal of Your Consent

You may withdraw your consent to this Agreement at any time. To withdraw your consent, you must contact a WSFS Customer Service representative. If you withdraw your consent to this Agreement, you will no longer receive the electronic presentment of any documents. It may also impact your access to the services we provide, including online banking. Your withdrawal of consent will become effective once we have had a reasonable opportunity to act upon it. If you withdraw consent, we may charge higher or additional fees for services related to it.

Multiple Access Devices

Your acceptance of this Agreement on one Access Device constitutes your acceptance on all Access Devices you use. For example, if you view and accept this Agreement on a mobile device, the terms of this Agreement will apply to electronic documents accessed on a traditional computer (or vice versa).

Additionally, by viewing and accepting this Agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Continuing to access your electronics documents on other Access Devices is your reaffirmation of this Agreement.

Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the electronic records provided to you under this ESIGN Consent. We do not and cannot warrant that the availability of electronic records will operate without error, or that your electronic records will always be available. Except as specifically provided in this ESIGN Consent, or otherwise required by law, you agree that our parent, subsidiaries, affiliates, officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this ESIGN Consent or by reason of your use of electronic records, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.

By providing your consent, you are also confirming that you have the hardware and software described above, that you can receive 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 WSFS Account owners, authorized signers, authorized representatives, delegates, product owners, and/or service users identified with your WSFS Account(s).

Acceptance

You will be asked to acknowledge your acceptance of these terms. Methods of acknowledgment may vary but include the following:  clicking “Accept”, selecting a checkbox, or entering a security code provided to you by us. In doing so, you are confirming that you meet the system requirements described above, that you have demonstrated your ability to receive, retain, and view electronic documents on your Access Device, and that you have an active and valid email address.

All communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other communication that is important to you.

By selecting “I agree” (or acknowledging in the specified method), you agree to accept and view documents by electronic means, and WSFS and you agree that an electronic signature will have the same force and effect as an original/wet ink signature.