Common use of Enforcement of Electronic Signatures Clause in Contracts

Enforcement of Electronic Signatures. The Services are limited to delivery of documents and capturing and applying electronic and handwritten signatures to documents. Sertifi provides E-Sign Act (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq.) and UETA (Uniform Electronic Transactions Act) compliant solutions that enables its Customers and their End Users to send and sign documents securely with the same legal equivalency of a handwritten signature. Certain types of documents are excluded from electronic signature laws and various agencies and certain laws may have promulgated specific regulations that apply to electronic signatures and electronic records. The Customer has the sole obligation to determine the enforceability of any particular document signed with an electronic signature , the risks as to the identity of the users signing with the use of electronic signature, to provide each party to a consumer transaction with any disclosure or explanation required by law concerning the utilization of electronic signatures and the use of the Services, to provide paper copies of documents if requested, and to draft its documents to accommodate enforcement of the terms of the documents when signed with electronic signatures. Sertifi does not make and none of its employees, agents or representatives are authorized on behalf of Sertifi to make any representation or warranty as to the enforceability of any document signed with an electronic signature or facsimile signature nor as to coverage of any document under legislation, legality of legislation, or suitability of its Services or enforceability of documents or transactions that pass through its Services.