Customer Electronic Consent and Disclosure Agreement

Symetra Life Insurance Company and First Symetra National Life Insurance Company of New York

APPENDIX A

 

IMPORTANT NOTICE - PLEASE READ CAREFULLY AND KEEP FOR FUTURE REFERENCE

By signing this agreement, you acknowledge and understand you are providing your consent to transact business with Symetra Life Insurance Company and its affiliates and third party service providers (“Symetra”) utilizing electronic communications and in some instances indicate your agreement with terms and conditions and demonstrate your acceptance using an electronic signature in lieu of a hand written signature on paper. You may withdraw your consent at any time by contacting us at our business address or by phone.

 

What is the purpose of this Electronic Consent and Disclosure Agreement?

Symetra will provide you with certain communications, applications, agreements, invoices, schedules, notices, disclosures, documents or other information in writing (“Communications”) related to commercial mortgage loan(s) or servicing of commercial mortgage loan(s).

Your agreement to this Customer Electronic Consent and Disclosure Agreement (“Consent Agreement”) confirms:

  • Your ability and consent to receive Communications electronically, rather than in paper form;
  • Your agreement to use of electronic signatures in our relationship with you; and
  • Your agreement to all of the terms and conditions set forth in this Consent Agreement.

If you do not want to receive Communications regarding the products and services electronically or, if you do not want to use electronic signatures in your relationship with us, or if you do not agree with all of the terms and conditions of this Consent Agreement, you should not sign and acknowledge this Consent Agreement.

 

What does this Consent Agreement cover once I sign it?

While not a complete listing, the types of Communications that may be sent to you or otherwise made available to you electronically include:

  • Loan Application
  • Loan Term Sheet
  • Tenant Estoppels
  • Invoices or billing statements
  • Amortization/payment schedules
  • Privacy notices and other disclosures

Even though you have provided Symetra with this Consent Agreement, Symetra may, at its option: (a) deliver Communications to you on paper, and (b) require that certain Communications from you be delivered to Symetra on paper and signed by your hand and/or notarized for your security.

 

Can I get paper copies of the Communications?

Yes. You may obtain paper copies of any of the Communications at any time and without charge by contacting Symetra at the address provided below (or such other address as may be provided to you in the future).

 

Should I maintain copies of the Communications?

Yes. By agreeing to this Consent Agreement, you agree to print or save this Consent Agreement and all electronic Communications, and to keep printed or electronic copies of them for your records. If you have any trouble with printing or saving, you should contact Symetra and request paper copies of the Communications.

 

How long will this Consent Agreement remain in effect?

This Consent Agreement shall become effective once you electronically sign it and it is received by Symetra. It will remain in effect until you withdraw your consent (as described in the next section).

 

What if I change my mind?

If at any time you would like to cease doing business electronically with Symetra, you will need to provide Symetra with written notice of your withdrawal of your consent to do business electronically, which will then terminate this Consent Agreement. You may withdraw consent at any time and without charge by contacting Symetra. Your withdrawal of consent to do business electronically and the termination of this Consent Agreement will become effective two (2) business days after the respective company’s receipt of your withdrawal of consent. Thereafter, all Communications will be provided to you on paper.

 

What if my contact information changes?

You are required to keep Symetra informed of any changes to your e-mail address and all other contact information. You may inform Symetra of any such changes by contacting them at the addresses provided below (or such other customer service addresses as may be provided to you in the future).

 

How can I contact Symetra?

You can contact Symetra as follows:

Symetra Life Insurance Company
777 108th Avenue NE, Suite 1200
Bellevue, WA 98004-5135
Phone 800.796.3872

Website: www.symetra.com

 

Are there any hardware or software requirements to do business electronically with Symetra?

Yes. To access and retain the Communications sent or made available to you electronically by Symetra you must have access to a computer with an Internet connection. You must be able to send and receive e- mails, and be able to save the Communications to a storage device for later reference and have the computer connected to a printer so you can print out such Communications. The minimum hardware and software requirements are:

https://helpx.adobe.com/sign/system-requirements.html

These minimum requirements are subject to change from time to time and it is your responsibility to comply with these requirements as they change.

 

Additional Terms

By agreeing to the terms of this Consent Agreement, you agree that Symetra may rely on electronic signatures in our relationship with you and you agree to waive all claims against Symetra based on any allegation that the electronic receipt or execution of any Communications described herein is invalid, unenforceable, or insufficient. Additionally, you agree to indemnify, defend and hold Symetra, harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from: (i) a breach of any term or condition of this Consent Agreement by you; or, (ii) your (or any other person accessing your computer or using your account or user credentials) use or misuse of the systems and processes used in connection with the receipt or execution via electronic means of Communications.

If you are providing this consent as the representative of a non-natural person (for example, if you are providing this consent on behalf of your employer), you declare and certify that upon the date of your electronic signature, you are duly empowered to execute this Consent Agreement, are properly doing so within the scope and of such authority, and that this Consent Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. You hereby indemnify and hold Symetra harmless for any improper authority you exercise on behalf of another person or entity.

By electronically signing or checking the “I ACCEPT” box or typing your name or e-mail address below, you affirm the following:

  • I consent to do business electronically, including without limitation, the use of electronic signatures in lieu of handwritten signatures on paper. I agree that the electronic signatures provided by me have the same effect as handwritten signatures for the purpose of validity, enforceability and admissibility and I consent to be legally bound by the terms and conditions of the documents that I am signing electronically.
  • I agree that no certification authority or other third party verification is necessary to validate my electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of my electronic signature.
  • I have CAREFULLY read and understand this Consent Agreement and accept it voluntarily and with full knowledge and agreement of its terms and conditions.
  • I have read this Consent Agreement using computer hardware and software that meets the minimum hardware and software requirements described above.
  • I will print and save a copy of this Consent Agreement for myself or any other party I may represent or may act on their behalf.