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E-SIGN DISCLOSURE AND CONSENT

EFFECTIVE DATE

March 5, 2024

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES

By accepting this Consent as indicated below, you, the person or entity applying for a Hypermedica account, consent to receive and view disclosures, notices, statements, and other communications (collectively, “Disclosures”) from Mdustry, LLC. ("Vank" or "we") relating to your eligible Hypermedica accounts (“Account(s)”) electronically by any of the following means:

  • Text to your mobile phone number (which may include a link to a new Disclosure on the Hypermedica website (“Website”),
  • To your email, or
  • Notifications from our Web or mobile application (“Application”).

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

  • The Hypermedica Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);
  • Disclosures and/or amendments we may provide you under our Policies and Agreements;
  • Activity and any other information on your Account(s),
  • Disclosures regarding the resolution of any claimed error on your periodic statements; and
  • Disclosures required or permitted by law or regulation.

Your right to revoke consent.

Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by clicking the “Contact Us” button at the bottom of this page or by submitting your request in writing to Mdustry, LLC., Attn: General Counsel, P.O. Box 193497, San Juan, PR 00919. If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, cancel your Account, place your Account on inactive status, or provide a paper copy of the Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.

System requirements.

To receive Disclosures, whether, by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must have the following:

  • Computer or mobile device with an Internet connection; or
  • A current web browser with cookies enabled; or
  • A valid email address on file in your Account profile; or
  • Ability to store or print the Disclosures; and
  • if you use a spam blocker, you must add hypermedica@hypermedica.com to your email address book or whitelist.

We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.

Receiving texts and emails.

To receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address and that you can receive that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of the mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as outlined in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.

Reservation of rights.

We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee at our discretion.

Print disclosures.

We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online later.

Your consent.

By clicking on the “Next” or “Sign Up” button in the Hypermedica sign-up flow, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions outlined in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.

General.

You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Contact us.

Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting support@hypermedica.com, or mailing us at Mdustry, LLC., P.O. Box 193497, San Juan, PR 00919

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