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E-Sign Disclosure and Consent Agreement

Online and Mobile E-Sign Disclosure and Consent Agreement

The following definitions will apply and be used in this Online and Mobile E-SIGN Disclosure and Consent Agreement (“E-Sign Consent”):

  • “Groundwork Card” and “Card” refers to the credit card issued by MRV Banks and any related Accounts or Services.
  • “Account” or “Accounts” means the credit card account issued by MRV Banks. 
  • “Communication” is defined in Section 1 below.
  • “Electronic Delivery” is the act of delivering Communications using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar electronic means as set forth in Section 3 below, including through our websites or mobile applications.
  • “Service” is any Account or Service that we offer for which Communications are required or permitted to be delivered.
  • “We,” “us,” “our” means MRV Banks and any of its affiliates, subsidiaries, agents, assignees, or service providers engaged in providing Services related to the Groundwork Card. 

1. Consent and Scope of Communications to be Provided Electronically

We are required by law, regulation or agreement to give you certain information “in writing.” With your consent, we can provide this information to you by Electronic Delivery. We also need your general consent to use electronic records and signatures in our relationship with you.

For purposes of this Agreement, you are agreeing that we may (i) use Electronic Delivery and, at our discretion, terminate paper delivery of Communications to you; and (ii) use and obtain electronic signatures from you in each case unless and until you withdraw your consent to this E-Sign Consent as described in Section 5 below. You are further agreeing that this E-Sign Consent applies to all Communications for all Accounts and Services we provide to you, except to the extent it conflicts with the terms and conditions of a separate electronic disclosure and consent with respect to such Accounts and Services.

“Communications” include, but are not limited to, the following:

  • All legal, regulatory or other disclosures associated with an Account or Service which we are required to provide to you by law;
  • All periodic statements for an Account or Service, along with any notices related to such statements that we are required or permitted to include with paper statements;
  • All other documentation relevant to your Account or Service, including agreements, amendments, Account opening documentation, billing statements, optional insurance(s) selected or provided as a Card benefits, policies and procedures (including but not limited to our privacy policy), terms and conditions including any amendments, modifications and other changes in terms thereafter, authorizations, updates, notices, responses to claims, transaction history.
  • Marketing materials, advertisements and any other promotional documents or other information required to be provided “in writing” or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

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2. Delivery Preferences

You may select or modify your delivery preference for certain categories of Communications that we may, in our discretion, make available for any of your Accounts or Services, except you may not change your delivery preference for Accounts or Services offered only via online or mobile platforms (“Digital Only Accounts and Services”). Physical paper delivery of Communications for Digital Only Accounts and Services is generally not available. For other Accounts and Services, whether you can elect to receive Communications in paper depends on the options available at Account opening. Even if you select physical delivery for a category of Communications in your delivery preferences, we may, at our discretion, send Communications to you through Electronic Delivery in certain circumstances, including during emergencies, time-sensitive situations, process disruptions, or other similar events. Additionally we reserve the right, but assume no obligation, to provide paper copies to the address you have provided us of any Communication that you have authorized us to provide via Electronic Delivery, even if you set your preferences to Electronic Delivery for those Communications.

Modifying your delivery preferences does not constitute a withdrawal or modification of this E-Sign Consent to Electronic Delivery. To withdraw your consent to receive Communications by Electronic Delivery, you must follow the instructions set forth in the section titled “Withdraw Consent” in Section 5 below.

Sometimes you are required to provide us with a written notice by law or under our agreement with you. Those notices must be provided to us in writing on paper unless we tell you how to deliver the notice to us electronically.

Delivery Preferences for Groundwork Card:

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When you consent to this E-Sign Consent, you agree:

  • If your use of our website or the card app began as of or after the date of this E-Sign Consent, we may pre-set your delivery preferences to Electronic Delivery for each category of Communications that is eligible for Electronic Delivery.
  • Whether you are already enrolled in our website or the card app and have not indicated a delivery preference for existing Accounts, or are a new user of our online or mobile platforms, we may automatically send any Communications to you by Electronic Delivery.

You can review, change and obtain more information about your delivery preferences by visiting our website at www.groundworkcard.com or accessing the Groundwork Card app.

3. Method of Electronic Delivery

All Communications (including alerts that Communications have been provided or posted) that we provide to you electronically will be provided by one or more of the following methods:

  • electronic messaging (such as e-mail, or SMS text or push notification to your mobile device);
  • by access to an account management website, including our mobile websites or websites of third party service providers who we engage to deliver Communications through Electronic Delivery, that we will designate in a notice we send to you via electronic messaging at the time the information is available or that we will generally designate in advance for such purpose;
  • via our mobile applications; or
  • by requesting you download a Hyper Text Markup Language (“HTML”) file or Portable Document Format (“PDF”) or other specified electronic file containing the Communication.

Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us for Electronic Delivery purposes belongs to you or to a person who has authority to act for the Account or Service or, where relevant, to make transactions against the Account.

You should print, download or otherwise retain a copy of this E-Sign Consent and all other Communications provided by Electronic Delivery.

4. Hardware and Software Requirements

In order to access, view, print and retain electronic Communications, you must have:

  • Access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, or downloading our mobile apps with the Current Version (as defined below) of (i) an operating system, such as Windows, Mac OS, iOS or Android, and (ii) a web browser, such as Chrome version 60+, Safari version 11+ or Firefox version 78+.
  • A secure internet browser that supports TLS 1.2 encryption.
  • A program that reads and displays PDF files such as Adobe Acrobat Reader; and
  • A valid e-mail account and software to access it.
  • A hard drive or other storage device (to download and save electronic copies). 
  • To print and save your document or communication in electronic form using your mobile or electronic device, you will need:
  • A printer capable of printing the screen shots on your mobile or electronic device (to print paper copies); and
  • An electronic device capable of taking a screen shot that can be printed (to save electronic copies).
  • Local electronic storage capacity to retain Communications and/or a printer to print them;
  • Software that enables you to view and display files in HTML and PDF format.

By “Current Version,” we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer Services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we may provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software or an operating system if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.

If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. After receiving notice of the change you will have to give us a new consent or confirmation of consent to receive Communications electronically. However, continuing to use any Account or Service after receiving notice of the change is reaffirmation of your consent with respect to other Communications.‍

5. Withdraw Consent

In order to withdraw your consent, you will need to contact us via mail at Groundwork Card, PO BOX 118888 Carrollton, TX 75011-8888 or email at credit@groundworkcard.com and provide your name, mailing address, daytime telephone number, and a description of the document or communication from which you are withdrawing your consent. At our option, we may treat the provision of an invalid email address or phone number, or the subsequent malfunction of a previously valid email address or phone number, as a withdrawal of your consent to receive Communications by Electronic Delivery.  If this happens, you will need to re-enroll to receive Electronic Delivery of Communications by calling us at (877) 928-6367 or updating your contact information via the Groundwork Card app.

6. SPAM Filters.

We make every effort to ensure your email notifications are property listed with the SPAM filter agencies.  However, you are responsible for ensuring that any SPAM filters recognize emails originating from us.  If you use SPAM filters, you must add credit@groundworkcard.com, noreply@groundworkcard.com, noreply@services.groundworkcard.com, creditservices@groundworkcard.com, and noreply@estatements.groundworkcard.com to your email address book.  If you fail to receive email notifications from us after enrolling in Communications by Electronic Delivery, please check with your email account provider or the SPAM filter associated with your email account.  

7. How to Update Your Records

It is your responsibility to provide us with true, accurate and complete email address, mobile telephone numbers (if provided), and other information related to this E-Sign Consent and your Accounts, and to maintain and promptly update any changes to this information. You can update your records by calling us at (877) 928-6367 or updating your contact information via the Groundwork Card app.

8. Document Access and Fees

You may print paper copies of Communications by opening the Communication, selecting the “print” instruction, and identifying an available printer. If a printer is not available to you, you may also request a paper copy of Communications by contacting us at (877) 928-6367. Your Account Documents, including monthly Billing Statements, will be provided to you in accordance with your selected delivery preference. You may access Account Documents and up to 24 prior months Billing Statements at any time online via our online account management platform. We will charge you a reasonable service fee of $3.00 for the delivery of paper copies of any Communication provided to you electronically pursuant to this E-Sign Consent. We may mail paper copies of any Communications, in addition to or instead of sending them to you via Electronic Delivery, at our discretion. You are therefore obligated to keep the address on your Account updated, regardless of your decision to opt in to the terms of this E-Sign Consent.

9. Accounts with Multiple Owners or Authorized Users

If you ask us to issue a Card to any other person, they are an Authorized User. We may require certain information about them. We may limit their ability to use your Card. They may have access to certain information about your Account. You will be responsible for their use of the Card and anyone else they allow to use your Card, even if you did not want, or agree to, that use.

 Each Account owner may provide an email address for the Account in connection with each owner’s consent to receive electronic Communications. Only one Account owner’s authorization is required to enroll in Electronic Delivery for Communications and to manage preferences for any category of Communications including Account statements. For purposes of electronic notification for paperless statements and other Communications on a joint or multiple owner Account, you agree that electronic notifications for such Communications delivered to the email address of the Account owner who enrolls in Electronic Delivery for such Communications will constitute delivery to all Account owners, even if all Account owners may not have access to such email address.

Depending on the type of Account or Communication, in the case an authorized user is added to an Account owned by multiple account holders, authorization by one account holder is sufficient to constitute consent to this E-Sign Consent. For such Accounts we may, in our sole discretion, elect to solely deliver Communications electronically if any one of the account holders has provided consent to this E-Sign Consent.

In the case of an Account with multiple authorized users, in circumstances in which we can only act on the electronic instruction of a single person, including, without limitation, elections for corporate actions, we may, at our sole discretion, act upon the electronic instruction of any authorized user without the consent of the other authorized persons or account holders. Additionally, in the case of an Account with multiple authorized users, we may, in our sole discretion, deliver Communications by paper to all account holders or authorized users, if not all account holders or authorized users have consented to this E-Sign Consent.‍

10. Federal Law

You acknowledge and agree that your consent to this E-Sign Consent is provided in connection with a transaction affecting interstate commerce, that it is subject to the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent permitted by law.

11. Account Delinquency/Termination or Changes at Our Discretion

We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications if your Account becomes delinquent or is otherwise no longer in good standing, or for other reasons in our sole discretion. We will provide you with notice of any such termination or change as required by law.

12. Acceptance and Consent 

By clicking on the “Submit” button, you agree to the following statements if no click through option—When you successfully enroll in Electronic Delivery you have demonstrated to us that you are able to access information we have posted online, delivered by email or made available on a mobile platform. Your enrollment in Electronic Delivery constitutes your consent for us to send you Communications by electronic means, and you are otherwise confirming for us that each of the following statements is true:

  • I have read, understand and agree to be bound by the terms and conditions contained in this E-Sign Consent, and consent to receive Communications and execute documents via Electronic Delivery according to the process described herein;
  • I am able to download and review files in HTML or PDF format, and I have internet access and can send and receive emails with links to websites;
  • Certain Communications may be delivered to me in paper form and in the future some or all of these Communications may be made available for me to view electronically in accordance with this E-Sign Disclosure;
  • My consent to receive Communications electronically does not automatically expire and is not limited as to duration;
  • I may incur costs, including but not limited to online time and other charges from my internet service provider or telephone carrier in accessing and/or viewing Communications;
  • I am authorized to provide consent, as well as Electronic Delivery elections and instructions, on behalf of all co-applicants for, and co-owners of, any of my Accounts;
  • I may terminate or suspend Electronic Delivery at any time at my discretion;
  • Groundwork Card and their agents will not be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the Accounts or Services provided pursuant to this E-Sign Consent; and
  • Communications provided along with my Account statements contain important information or disclosures concerning my Accounts or Services and I agree to review such Communications in a timely manner.
  • You agree that we may send messages through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable Account. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance.
  • Your obligation under this paragraph shall survive termination of the Agreement. The Alerts and Text Services are provided for your convenience and do not replace your monthly Card Statement(s), which are the official record of your Account(s). You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your Card activity or the status of your Account . You also understand that there may be a disruption in service when you change your communications service provider.

Messages may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, or other parties. We will not be liable for losses or damages arising from any disclosure of Card information to third-parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Alerts and Text Services. The Text Services are only available to customers who have an eligible Card with us, and you may be automatically enrolled to receive certain Alerts. While you have to have an eligible Card to use the Services, once it is activated, if you have other types of Cards with us, you may have access to those other Cards as well. There is no service fee for the Alerts and Text Services, but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your Communications service.