Electronic Communications Disclosure and Agreement

This Electronic Communications Disclosure and Agreement (“Agreement”) applies to all: (1) electronic communications for the products and services provided by Pool United, Inc. (“Pool”) and its affiliates and subsidiaries using poolmoney.com (the “Website”) or the Pool mobile application (“Mobile App”) and (2) electronic communications regarding the credit card account (each, an “Account,” and collectively, the “Accounts”) provided to you by Pool on behalf of Pool’s bank partner (“Bank”).

“We”, “us”, “our”, refers to Pool United, Inc., a Delaware corporation, and Bank, and each of their affiliates, subsidiaries, service providers, assignees, or successors.

“You” and “your” mean the person identified on the Account and any person you authorize to use the Account, the Website, or the Mobile App.

“Communication” or “communications” means any message, correspondence, documents, writings, disclosures, or other information we may provide to you electronically.

“Electronic Service” means each product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including SMS text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.

The Services and the Accounts that we provide are designed for companies who choose to transact and communicate with us electronically and who are able to receive documents, notices, and communications through the Website, the Mobile App, via electronic mail (“e-mail”), or electronic messages, including text messages, to a mobile device.

1. Scope of Communications to Be Provided in Electronic Form. When you apply for or use a product or service to which this Agreement applies, you agree that any communications between you and us will be provided in electronic format, to the extent allowed by law, and we may not send paper for all communications. Your consent to receive electronic communications and transactions includes:

   1. All legal and regulatory disclosures and communications associated with the Account and any related products or services;

   2. The loan application and legal agreements for the Account and any notices about changes in terms;

   3. Privacy policies and notices;

   4. Responses to claims filed regarding the Account;

   5. Notices regarding overdue payments and collection notices; and

   6. All other communications from us for the Account and any related transactions, products, or services.

2. Method of Providing Communications in Electronic Form. We provide communications in electronic form either: (a) by e-mail; (b) on the Website, (c) through the Mobile App, or (d) by electronic messages, including text messages, to a mobile device.

3. When We May Provide Paper Copies. We may, in our sole discretion, provide you with any communication via paper, even if you have chosen to receive it electronically. Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us in paper form, unless we specifically tell you in another communication how you may deliver that notice to us electronically. There are certain communications that by law we may not be permitted to deliver to you electronically, even with your consent. If required by law, we will deliver those communications to you in writing. If the law changes and permits any of those communications to be delivered as electronic records, this consent will automatically apply to those communications. We will provide your tax statements on paper, unless you elect to receive them electronically (if available).

4. How to Withdraw Consent. You may only withdraw consent to receive Notices electronically by closing your Pool Account, if applicable, or by contacting Pool customer support by email to hello@poolmoney.com. Include “Withdrawal of ESIGN Consent” in the subject line and include your name and account number. We may respond only to confirm you are aware of the consequences of withdrawing consent.

5. Consequences of Withdrawing Consent. If you do not agree to receive all communications described herein in electronic form, or you withdraw previously granted consent, you will not be able to establish an Account with us or transact with us. If you withdraw your consent after providing consent to delivery and receipt of electronic communications, you still will be able to access your payment information on your Account using the Website and Mobile App, but all communications from us to you will be in paper and sent by regular U.S. Postal Service, unless another form of delivery is required by law. If you are receiving online account statements, the revocation or withdrawal of your consent will require us to send your paper statements for the Account by the U.S. Postal Service or other courier. Paper statements will cost you $15.00 per statement.

6. How to Update Records. You will need to provide us with a valid, accurate, and complete e-mail address, mobile and telephone numbers, contact, and other information for any electronic communications, and promptly update any changes in this information. You can update such information (e.g., e-mail address) via the Mobile App or by updating your profile on the Website. Your timely and complete notification to us of your latest contact information will allow us to send communications to you, otherwise we will send communications to the last known e-mail address or telephone number you provided to us. If our email communications are returned to us, we may post the returned emailed communications on the Website or Mobile App and you agree that once we email the communications to you and post them on the Website or Mobile App, we have delivered the communications to you.

7. Requesting Paper Copies. We will not send paper copies of any communication; however, you may request paper copies of any electronic communication at additional cost to you by contacting us at hello@poolmoney.com. If you withdraw consent, we may charge a fee for preparing, mailing, and delivering the statements and communications for the Account. You can always obtain a paper copy of any electronic communication by printing it from the Website or Mobile App.

8. Electronic Communications Are Writings. All communications in electronic form from us to you are considered “in writing.” You can print or download a copy of this disclosure and any other electronic communications in the attachments from our email communications to you. We will maintain electronic copies of all records related to your Accounts according to our record retention policy.

9. Federal Law. You acknowledge that consent to electronic communications is being provided for a transaction affecting interstate commerce that 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 applies to all transactions between us.

10. Amendments. We may, in our sole discretion, change the terms and conditions on which we provide electronic communications, including any applicable discount for receiving electronic communications, and any hardware or software necessary to access communications. We will provide you with notice of any such termination or change as required by law. By continuing to use the Account or Pool’s products or services after such notice, you consent to the updated terms.

11. Effecting Consent. By checking “I agree to use electronic records and signatures” or similar language in the Mobile App: (a) you adopt the checkmark as your electronic signature, (b) you give us your affirmative consent to receive electronic communications, and (c) you have provided us with your current e-mail address to which we can send you electronic communications.

12. Hardware and Software Requirements for Electronic Disclosures, Notices, and Statements. In order to access, view and retain electronic communications that we make available to you, you must have access to the following minimum technology requirements:

    • Personal Computer (“PC”)

    • Operating System: Currently supported version of Windows 10 or better that supports 256 byte or higher encryption

    • Internet Browser with the latest version highly recommended:
      Microsoft Edge
      Firefox
      Google Chrome

    • Ability to open and read a PDF file

    • 10 GB of available disk space on the PC system drive

    • 2.0 GHz processor speed

    • 2 GB of RAM

    • High speed Internet connection with e-mail access

    We can change any of these minimum specifications by posting the new specifications for at least 30 days.