E-Sign Agreement


E-SIGN DISCLOSURE AND CONSENT

Electronic Delivery
By accepting the terms and conditions of this E-Sign Disclosure and Consent (the “Consent”), you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your PathPoint Account and your use of the Service. Communications include but are not limited to:

  • Agreements and policies, such as this Consent, the General Terms of Use and our Privacy Policy, including any updates thereto.

  • Annual disclosures.

  • Transaction receipts or confirmations.

  • Communication in relation to delinquent accounts (which may also be by phone, and may be made by PathPoint or by anyone on its behalf, including a third party collection agent).

  • Account statements and history.

  • Federal and state tax statements (we may, but are not obligated to, send tax-related information electronically).

We will provide these Communications to you by emailing them to you at the primary email address listed in your PathPoint Account registration, by texting them to you at the primary telephone number listed in your PathPoint Account registration, by emailing or texting you a link or instructions how to access them on a website, or (if permitted by law) by posting them on our Website. We may also provide certain Communications (such as federal and state tax statements) by U.S. mail to the street address listed in your Account registration. Communications are considered received by you within 24 hours of the time they are emailed to you, posted to the Website, or mailed to you. You further agree that your electronic signature has the same effect as your manual, physical signature.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:


  • A computer or mobile device with an Internet or mobile connection.

  • For desktop website-based Communications, a modern web browser that includes 256-bit encryption, such as the current version of Chrome (www.google.com/chrome), Internet Explorer (www.microsoft.com/edge), Mozilla Firefox (www.mozilla.com), or Apple Safari (www.apple.com/safari).

  • For application-based Communications, a recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store, and the most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.

  • Access to your primary email address registered with PathPoint or the Platform.

  • Sufficient storage space to save past Communications or an installed printer to print them.

By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your PathPoint Account at a later date.

How to Withdraw Your Consent 

You may withdraw your consent to receive Communications electronically by contacting Customer Support, including by writing to "PathPoint Merchant Services, LLC., 108 S 700 E St., America Fork, UT 84003." If you withdraw your consent to receive Communications electronically, PathPoint may deny your registration for a PathPoint Account, restrict or close your PathPoint Account, or charge you additional fees for paper copies.

Requesting Paper Copies of Electronic Communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication previously sent to you, you may request a copy within 180 calendar days of the date the Communication was provided to you by contacting Customer Support as described above. We will send a paper copy to you by U.S. mail to the street address on file in your PathPoint Account. You understand and agree that PathPoint may charge you an exceptions fee for each paper copy of a Communication.

Updating Your Contact Information

It is your responsibility to keep your primary email and street address up to date. You understand and agree that if PathPoint sends you a Communication but you do not receive it because your primary email or street address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, PathPoint will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add PathPoint to your email address book so that you will be able to receive the Communications we send to you.
If your email address becomes invalid such that electronic Communications sent to you by PathPoint are returned, then we may close your PathPoint Account, and you will not be able to transact any activity using your PathPoint Account until we receive a valid, functioning primary email address from you. All capitalized terms not otherwise defined herein, have the meaning set forth in the PathPoint General Terms of Use.