E-Sign Consent
E-Sign Disclosure and Consent to Agreement to Use Electronic Records and Signatures
This Disclosure is provided pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq. By clicking “Accept,” you will be giving us your informed consent and agreement to use the electronic records and signature system and process described below to electronically receive, review, and electronically sign paperless documents. You will agree to be bound by any documents you electronically sign the same as if you had received a paper copy of the document and signed it by hand with an ink pen. You will be consenting to this Disclosure and affirming the following:
Unless and until you withdraw your consent as described below, you agree to electronically receive and review any and all notices, disclosures, and communications related to the Services provided as more fully described below under “Type of Communications to be Provided in Electronic Form” (collectively, “Communications”). We will provide these Communications to you electronically instead of providing paper copies. The manner in which we will provide Communications to you electronically is described below under the heading “How We Will Provide Communications to You.”
You have read, understand, and agree to be bound by the terms and conditions described in this Disclosure.
You confirm that you have the required hardware and software described below under the heading “Hardware and Software Requirements” and the ability to access, download, save, and/or print Communications made available to you.
You confirm that you have a valid e-mail account that you are able to access.
You acknowledge that you are responsible for downloading and saving or printing Communications for your records.
You confirm that you understand that even though there is no charge to receive Communications electronically, your Internet service provider, telephone, or wireless service provider may charge you fees (including roaming fees) for online access.
You are authorized to and do consent to the terms and conditions of this Disclosure on behalf of all other account owners, authorized signers, beneficiaries, authorized representatives, delegates, and/or service users.
Your consent to receive Communications electronically includes, but is not limited to, the following types of Communications:
All legal and regulatory disclosures and communications associated with the Services provided or any product or service available through or provided in connection with the Services offered;
All agreements relating to the Services provided, including but not limited to the Monark Markets terms of service, the terms of investments made through the Monark platform, and the terms of third-party custodial or other services provided in connection with the Monark Markets platform;
Notices and disclosures about the Services provided, including but not limited to settings, features, and changes, and about changes to any terms of service relating to the Services provided;
Privacy policies and notices and updates or changes thereto;
Investment information and materials relating to any security or asset offered or sold by any third party or purchased, sold, or held in connection with the Services provided, including but not limited to offering memoranda, purchase agreements, subscription agreements, organizational documents, promissory notes, share certificates, amendments, and Direction of Investment instructions, letters, presentations, reports, notices, files, and disclosures, relating to the foregoing;
Payment instructions and information, transaction receipts and confirmations, and communications regarding any authorization to initiate any transfer of funds for the Services provided, whether by wire transfer, automated clearing house (ACH) debits or otherwise;
All periodic and other billing, tax, or account statements for the Services provided; and
Customer service communications.
All Communications that we provide to you in electronic form will be provided by one or more of the following methods:
Via e-mail: We may send Communications to the email address you provided.
By access to a website: We may notify you via email that a Communication is available on our designated website or mobile site.
Via a mobile application: We may deliver Communications through a mobile application you can access via your device.
By requesting that you download a PDF file: We may provide Communications in PDF format for download.
If we make a Communication available to you, we will notify you by e-mail at the address you provide to us that a Communication is available for you to access.
You should retain a copy of all electronic documents we provide to you, including this Disclosure, for your future reference. You can do this by printing the page on paper or saving it to your computer.
Even though you have consented to receive Communications electronically, we may always, at our discretion or when required by applicable law, provide a Communication to you in paper form at the mailing address that you have provided to us.
We provide all communications to you electronically, except to the extent state or federal law grants you an option to receive a paper copy of a communication. You may request a paper copy of a communication by emailing support@monark-markets.com Paper communications that are not required to be issued by applicable law will be issued at our discretion, subject to our record retention policies and your payment of any administrative fees we may charge for such service from time to time. Any request for paper records that are not required by applicable law to be provided in paper form may be deemed a withdrawal of consent by you (as described in the section "Withdrawal of Consent to Receive Electronic Notices"), which may result in the Services provided being canceled.
To access, download, save, and/or print Communications electronically, you must have:
A computer suitable for connecting to the Internet with a Current Version (see description below) of an Internet browser we support that is JavaScript enabled.
To access Communications through a mobile website or mobile application, one or more devices such as a smartphone, mobile device, or tablet suitable for connecting to the Internet and for downloading mobile applications and accessing mobile websites with a Current Version of one of the mobile operating systems we support (see description below);
A connection to the Internet;
A valid e-mail address that you are able to access and e-mail software or web-based access;
The ability to access documents in HyperText Markup Language (HTML) and Portable Document Format (PDF) (in order to access PDF documents, you must have a Current Version of software that accurately reads and displays PDF files, such as Adobe Acrobat Reader); and
Local electronic storage capacity to retain our Communications and/or a printer to print Communications.
By “Current Version,” we mean a version of the software that is currently being supported by its publisher. Here is a list of the Internet browsers we support:
We support most modern browsers, including Chrome, Edge, Safari, and Firefox.
We support the following mobile operating systems:
The Monark website is designed to work on your computer/PC, but some functionality can also be used from your smartphone or tablet.
You will need a printer if you wish to print Communications on paper and electronic storage if you wish to download and save Communications to your computer.
We reserve the right to discontinue support of a Current Version of software if we determine, in our sole discretion, that it suffers from a security flaw or some other defect that makes it unsuitable for use with our website or the Services provided.
Your consent to the electronic delivery of Communications remains in effect until you notify us that you are withdrawing it.
Your consent to the electronic delivery of Communications is a condition to maintaining the Services provided. If you elect to withdraw this consent, the Services provided will be canceled.
You may withdraw your consent to electronic delivery of Communications at any time by emailing support@monark-markets.com with the subject line “E-Sign Withdrawal.” Your withdrawal of consent will become effective as soon as we have a reasonable opportunity to act upon it.
Any Communications we are required to deliver to you in paper form after deactivation or termination will be sent by mail to the address you have previously provided to us. We reserve the right to charge a fee for the delivery of paper records up to the actual out-of-pocket cost of printing and delivery or $35 per Communication, whichever is greater.
It is your responsibility to keep your primary email address current so that Monark Markets can communicate with you electronically. If your mailing address, e-mail address, telephone number, or other contact information changes, you may provide updated information by contacting us at support@monark-markets.com. You understand and agree that if we send you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you; however, at our option, we may instead deem the Services provided inactive and cancel the Services provided.
