CONSENT AND NOTICE REGARDING ELECTRONIC COMMUNICATIONS

 

<![if !supportLists]>1.     <![endif]>Electronic Signature. By selecting the "I Accept" button, you are signing this Agreement electronically. you agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. you further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Litavis or in accessing or making any transaction regarding any agreement, acknowledgement,  consent  terms,  disclosures  or  conditions  constitutes  your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. you also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Litavis. you also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. you further agree that each use of your E-Signature in obtaining a Litavis service constitutes your agreement to be bound by the terms and conditions of Litavis. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.

 

<![if !supportLists]>2.     <![endif]>Consent to Electronic Delivery. You specifically agree and consent to receive and/or obtain any and all Litavis related "Electronic Communications" (defined below). The term, "Electronic Communications" includes, but is not limited to any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, communications, agreements, notices, disclosures, statements, data, records and any other communications regarding your relationship with Litavis. you acknowledge that, for your records, you are able to use this Form and Website by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. you accept Electronic Communications provided by Litavis as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We will provide these Communications to you by posting them on the Litavis website and/or by emailing them to you at the primary email address that you have provided to Litavis. Additional Electronic Communications may include, but are not limited to:

<![if !supportLists]>·       <![endif]>agreements and policies you agree to (e.g., the Litavis Terms and Conditions and the Litavis Privacy Policy), including updates to these agreements or policies;

<![if !supportLists]>·       <![endif]>annual disclosures, including prospectuses and reports for Litavis;

<![if !supportLists]>·       <![endif]>transaction receipts or confirmations;

<![if !supportLists]>·       <![endif]>Account statements and history, if any exists; and

<![if !supportLists]>·       <![endif]>any other Account or transaction information, if any exists.

 

<![if !supportLists]>3.     <![endif]>Hardware and Software Requirements of Electronic Communications. In order to access and retain electronic Communications, you will need a certain hardware and software.

<![if !supportLists]>a.     <![endif]>You will need the following computer hardware and software:

<![if !supportLists]>·       <![endif]>a computer with an Internet connection;

<![if !supportLists]>·       <![endif]>a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;

<![if !supportLists]>·       <![endif]>Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;

<![if !supportLists]>·       <![endif]>a valid email address (your primary email address on file with Litavis); and

<![if !supportLists]>·       <![endif]>sufficient storage space to save past Communications or an installed printer to print them.

<![if !supportLists]>b.     <![endif]>We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from Litavis. 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 Electronic Communications for your records. you may print or save a copy of these Electronic Communications for your records as they may not be accessible online at a later date.

 

<![if !supportLists]>4.     <![endif]>Paper Version of Electronic Communications. You may request a paper version of an Electronic Communication. you acknowledge that Litavis reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications.

 

<![if !supportLists]>5.     <![endif]>Consent Withdrawal. You may withdraw your consent to receive Electronic Communications by writing to us at "Litavis, LLC, Attn: Electronic Communications Delivery Policy, 1967 Wehrle Dr., Suite 1-086, Buffalo NY 14221". If you fail to provide or if you withdraw your consent to receive Electronic Communications, Litavis reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account or charge you additional fees for paper copies.

 

<![if !supportLists]>6.     <![endif]>Updating your Contact Information.    It is your responsibility to keep your primary email address up to date so that Litavis can communicate with you electronically. you understand and agree that if Litavis sends you an Electronic 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, Litavis will be deemed to have provided the Electronic 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 Litavis to your email address book so that you will be able to receive the Electronic Communications we send to you. you can update your primary email address or street address at any time by emailing info@litavismangement.com or logging into the Litavis website, going to "My Account", and selecting the "Profile" tab, if the latter option exists. If your email address becomes invalid such that Electronic Communications sent to you by Litavis are returned, Litavis may deem your Account to be inactive, and you will not be able to transact any activity using your Litavis Account until we receive a valid, working primary email address from you. If Litavis is unable to communicate with you, it may affect your occupancy of the premises. Please check your individual tenant or subtenant agreement for details.

 

<![if !supportLists]>7.     <![endif]>Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with Litavis to the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement.

 

To obtain electronic services and communications, indicate your consent to the terms and conditions of this Agreement by clicking on the "I Accept" button.

 

It is recommended that you print a copy of this Agreement for future reference.