E-SIGN DISCLOSURE AND CONSENT NOTICE
PLEASE READ THIS INFORMATION CAREFULLY.
BY CLICKING THE "I AGREE" BUTTON, YOU AGREE THAT YOU HAVE READ AND AGREE TO (1) THE E-SIGN DISCLOSURE AND CONSENT NOTICE, (2) ADDITIONAL TERMS AND CONDITIONS AND (3) NOTICES BELOW.
Table of Contents
- E-SIGN Disclosure and Consent Notice
2. Additional Terms and Conditions
3. Notices
E-SIGN DISCLOSURE AND CONSENT NOTICE
This E-Sign Disclosure and Consent Notice ("Notice") applies to all Communications, as defined below, with Pressler, Felt & Warshaw, LLP ("PFW"). Under this Notice, Communications You receive in electronic form from Us on Our websites or by e-mail will be considered "in writing." You should print or download for Your records a copy of this disclosure and any other Communication that is important to You.
The words "We," "Us," and "Our" refer to PFW, with whom Your PFW File is placed for collection. The words "You" and "Your" refer to the particular person consenting to the terms of this Notice. By using PFW's electronic services, website, online services, mobile applications and mobile websites ("Electronic Services") You consent to receive electronically all Communications, as defined below, and this Notice. By giving Your consent You are confirming that You have access to the necessary hardware and software requirements identified below. You must review and agree to the terms of this Notice to use Our Electronic Services. If You choose not to consent to this Notice or You withdraw Your consent, You will be restricted from using Electronic Services.
Communications Covered by this Notice
The term "Communications" includes, but is not limited to, disclosures and correspondence We provide to You regarding Electronic Services such as: (i) terms and conditions, privacy statements or notices and any changes thereto; (ii) disclosures, agreements, notices and other information related to your PFW File or payments on your PFW File that may be required by the Electronic Fund Transfer Act, the Fair Debt Collection Practices Act or other applicable federal or state laws or regulations; (iii) pre-payment disclosures, transaction receipts and confirmations; and (iv) other communications (for example, and not by way of limitation, claims of error and payment authorization and payment-related communications).
Methods of Providing Communications
We may provide Communications to You by e-mail, to the primary email address designated and confirmed by You while enrolling in Electronic Services or by making them accessible on the PFW websites, mobile applications, or mobile websites (for example, and not by way of limitation, via "hyperlinks" provided online and in e-mails). Communications will be provided online and viewable using browser software, e-mail or PDF files, as applicable. You warrant and represent that any e-mail address provided by You is Your personal, private and password protected e-mail account address. You consent to receive personal and confidential Communications at that e-mail address if We choose to send communications to You by e-mail. You agree not to provide an e-mail address that is not private and can be accessed by others.
How to Withdraw Your Consent
You have the right to withdraw Your consent at any time. You may withdraw Your consent to receive Communications under this Notice by writing to Us at "Attn: E-Sign Disclosure and Consent Notice, Pressler, Felt & Warshaw, LLP, 7 Entin Rd Parsippany, NJ 07054" or by sending an email that identifies Your name, address and PFW file number, to contact@pfwattorneys.com. Your withdrawal of consent will cancel Your agreement to receive electronic Communications, and therefore, Your ability to use Our Electronic Services. Please allow for at least 3 business day to process Your request. Withdrawal will not affect any Communications We provided to You prior to Your withdrawal, and We will send any required further Communications to You in paper form. We will not impose any fee in connection with any withdrawal of this Notice or any Communication provided in paper form.
Hardware and Software Requirements
*A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form.
*A personal and private email address. Cannot be an email address owned by any employer you may have or school you may attend.
*Sufficient storage space to save Communications (whether presented online, in e-mails or PDF) or the ability to print Communications.
*A browser with TLS 1.2 supported and enabled.
Requesting Paper Copies of Electronic Communications
If, after You consent to receive Communications electronically, You would like a paper copy of a Communication PFW previously sent to You, You may request a copy by writing to "Attn: E-Sign Disclosure and Consent Notice, Pressler, Felt & Warshaw, LLP, 7 Entin Rd Parsippany, NJ 07054" and PFW will send Your paper copy to You by U.S. mail. In order for PFW to send paper copies to You, You must have a current mailing address on file with PFW so We can process Your request. PFW will not charge You a fee for such copy.
Updating your Contact Information
It is Your responsibility to keep Your primary e-mail address current so that We can communicate with You electronically. You understand and agree that if PFW sends You a Communication but You do not receive it because Your primary e-mail address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, PFW will be deemed to have provided the Communication to You; however, We may deem your PFW File "inactive". You may not be able to transact using Our Electronic Services until We receive a valid, working primary e-mail address from You.
If You use a spam filter or similar software that blocks or re-routes e-mails from senders not listed in your email address book, We recommend that You add PFW to Your e-mail address book so that You can receive Communications by e-mail.
You can update Your primary e-mail address or other information by writing to us at "Attn: E-Sign Disclosure and Consent Notice, Pressler, Felt & Warshaw, LLP, 7 Entin Rd Parsippany, NJ 07054" or by email at contact@pfwattorneys.com. Please include your name and file number(s).
Federal Law
You acknowledge and agree that Your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the "Act"), and that You and We both intend that the Act apply to the fullest extent possible to validate Our ability to conduct business with You by electronic means.
Reservation of Rights/Termination
This Notice does not apply to any Communication that We determine, in Our sole discretion, that We are required to deliver in paper form under applicable law or that You should receive in paper rather than electronic form. We reserve the right, in Our sole discretion, to discontinue the provision of Your Communications, or to terminate or change the terms and conditions on which We provide Communications. We will provide You with notice of any such termination or change as required by law.
ARBITRATION
Agreement to Arbitrate and waiver of jury. Any dispute or claim arising out of or relating in any way to your use of the Pressler, Felt & Warshaw, LLP (hereinafter “PFW”) website or any document or service(s) offered or available by PFW through the PFW website, electronic services, online services, mobile applications, and mobile websites shall be resolved by binding arbitration, rather than in court. THIS MEANS THAT IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT OR TO HAVE A JURY TRIAL TO DETERMINE THEIR CLAIM. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Right to Utilize Small Claims Courts. Any individual claim that you bring in small claims court or your state’s equivalent, will not be subject to arbitration unless it is transferred, removed, or appealed to a different court and then, we may choose to arbitrate said claim(s).
Governing Law. The Federal Arbitration Act and federal arbitration law apply to this agreement. To the extent state law is applicable, New Jersey law without regard to conflicts of law shall apply to this agreement to arbitrate.
Waiver of Judge and Jury. THERE IS NO JUDGE OR JURY IN ARBITRATION. Moreover, court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
Initiating an Arbitration. To begin an arbitration proceeding, you must send a letter with your name and address on it, requesting arbitration and describing your claim to: Attention Arbitration Department, Pressler, Felt & Warshaw, LLP, 7 Entin Road, Parsippany, NJ 07054. The arbitration will be conducted by any appropriate arbitration forum including, but not limited to the American Arbitration Association (AAA) or JAMS, under their rules, including any Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. JAMS rules are available at WWW.JAMSADR.COM or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL CAPACITY.
Intellectual Property Exception. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
ADDITIONAL TERMS AND CONDITIONS
By accessing or using PFW Electronic Services You agree to be bound by these terms and conditions. If You do not agree to be bound by the terms and conditions of use please immediately exit the Electronic Services now by clicking do not approve. By accessing or using the Electronic Services, You hereby certify and affirm that your PFW File is not in dispute, You are not represented by an attorney, and your PFW File has not been discharged in bankruptcy; nor are You a petitioner in any pending bankruptcy proceeding. If You are represented by an attorney, then You now represent You have the approval of your attorney to make payment to PFW.
Payments made via the Electronic Services may be posted to your PFW file as soon as the next business day from when they are received. PFW will not accept liability for a payment not reaching your account due to You entering an incorrect account number or incorrect personal details. PFW will not accept liability if payment is for any reason refused or declined by your bank or credit/debit card supplier. If the bank or card supplier declines payment, PFW is under no obligation to bring this fact to your attention. You should check with your bank or credit/debit card supplier that payment has been deducted from your account. In no event shall partial payments made to your PFW file via the Electronic Services constitute "settlement in full" or "payment in full" unless otherwise agreed to in writing by PFW.
In no event will PFW be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of the Electronic Services, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
You acknowledge and consent to any information, data, communication or material You transmit or otherwise provide to Us via this website or by email may be retained, copied and stored by Us. We retain all communications You send to us or made via this website or sent to Us by email and other formats, for reasonable business purposes. You agree that information you provide to us will be complete and accurate.
If You have more than one PFW file number, please submit your payment on each PFW file separately by returning to the home screen after You complete your payment on your first PFW file and then logging into to your next PFW file.
NOTICES
FDCPA Notice
This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.
Check Payment Notice
When You provide a check as payment, You authorize PFW either to use information from Your check to make a one-time electronic fund transfer from Your account or to process the payment as a check transaction.
When We use information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as the same day We receive your payment, and you will not receive your check back from your financial institution.
Payment Options
PFW accepts other methods of payment. If You do not wish to make your payment online, please call us to arrange another payment method at 888-312-8600 ext 5610. PFW only accepts payments in U.S. Currency. PFW does not accept payment(s) via gift card.
Phone Consent
You grant PFW permission to call and/or leave a live or pre-recorded message for you regarding your account(s).
Version: 2.3.0
Version Date: 02/20/24
By clicking this box, I consent, acknowledge, accept, and agree to be bound by the terms of the Terms of Use. I understand and accept that this document creates mutually enforceable obligations between me and PFW including but not limited to arbitration of any and all disputes between me and PFW. I understand that this creates an enforceable contract between me and PFW. I understand and agree that this contract may not be modified or superseded except in a written agreement signed by me and PFW.
