To increase the efficiency and effectiveness of Caramel operations that require or request signatures to indicate approvals or acknowledgements, Caramel may accept electronic signatures to replace handwritten original signatures on paper documents.
To the fullest extent permitted by law, Caramel accepts electronic signatures as legally binding and equivalent to handwritten signatures to signify agreement or approval. This policy establishes the process for designating transactions that can legally accept electronic signatures and how Caramel will accept and verify electronic signatures. Where nonrepudiation of the authenticity of a particular signature is required, a digital signature, as defined below, may be required.
The Audience
The audience includes all Caramel employees, contractors, grantees, and other authorized agents who need to sign records (i.e., documents, forms, correspondence, and/or emails) in support of Caramel's business and administrative operations.
The Law
Enacted to aid and encourage electronic commerce, the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) states that “With respect to any transaction affecting interstate or foreign commerce . . . a contract . . . may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. [15 USC § 7001(a)(2)].
The federal E-SIGN Act and state laws allow us to provide you this information electronically with your prior consent and conduct transactions with you electronically. This means you can: (1) complete documentation for the purchase or sale of a motor vehicle and sign necessary documents electronically, and (2) receive notifications, disclosures, and/or manage your account conveniently all online.
Please read this E- SIGN Policy carefully prior to providing us with your consent.
1. Definitions.
"We,” "us,” "our," and “Caramel” means Caramel, Inc., and/or its current or future affiliates.
“You” and “your” means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any website, mobile application, product, service, or account that you download, request, administer, use, or access from or with us.
“Communications” means each notice, disclosure, agreement, acknowledgment, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you or that you submit, agree to, or sign at our request.
2. Consent to Use Electronic Communications. When you use the Caramel Website or mobile application (“App”) on your computer, or mobile device and for any transaction to which this disclosure applies, you agree that we may provide you with any Communications by electronic means and use electronic signatures where needed. Such Communications include, but are not limited to, legal or regulatory notices or disclosures related to our contract, product, or service, including privacy policies and notices. Your consent will remain in effect until you give us notice of withdrawal. Please note that if you do not consent or withdraw it, you may not be able to complete certain transactions with us. We may in our discretion provide you, or require you to provide us, certain Communications in paper even if you have chosen electronic means.
3. Method of Providing Communications. All Communications in electronic form will be provided either (1) via the App on your mobile device, (2) via e-mail or text message, or (3) via a website. You also agree that we may store and make copies of certain Communications available to you via the Caramel website or the App.
4. Copies; Paper Copies. You may obtain a copy of any electronic Communication by saving a copy or sending it to a place where you can print. You have the option to receive paper copies of any Communication we have provided by contacting us at (800) 976-8305 or by email at support@drivecaramel.com. Such request will not be a withdrawal of your consent. You may have to pay a fee for the paper copy unless specified by law. We recommend that you print or save all electronic Communications for your records.
5. Withdrawing Consent. You may withdraw your consent at any time by contacting us at (800) 976-8305 or by email at support@drivecaramel.com. Your withdrawal will become effective after we have had reasonable time to act on it. Withdrawal of consent in some instances may mean that you will not be able to complete certain transactions with us.
6. Modification and Termination. We may modify this disclosure and consent by providing you, as required by law, notice and opportunity to renew consent. We may terminate your ability to receive electronic Communications and/or your access to the App for any reason, including if you do not provide this consent or refuse to accept or violate any of the policies or terms and conditions applicable to the App.
7. Contact Information. You agree to promptly notify us of any change in your email address via the App. An electronic Communication will be deemed provided to you if we use the email address, we have on record for you.
8. Hardware and Software Requirements. To access and receive electronic records and use electronic signatures, you must have a mobile device (such as a smartphone or tablet) with Internet access, a current version of the App, the ability to view PDF formatted Communications, and an operating system capable of supporting the foregoing. You must also have an active and valid email account. You will need a printer to print a paper copy of any electronic Communication. These minimum requirements are subject to change, but if such changes affect your ability to access your electronic records, we will give you notice of such changes with the right to withdraw consent.
9. Communications in languages other than English. Please note we may be unable to fulfill and service Caramel Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to have any future English Communications explained to you. Our Communications are produced in English. For your convenience, we will provide a Spanish translation of certain documents when available. You agree that the English version is always the controlling Communication.
10. Acknowledging Consent to Electronic Means. By establishing an account via our App or website and further agreeing to conduct a transaction with Caramel, you agreeing to conduct such transaction(s) via electronic means and are confirming that:
- You can access and print or save this E-SIGN Policy and all electronic Communications; and
- You have the hardware and software described above, including an active email account; and
- On behalf of yourself and all account owners and authorized signers identified by you, you agree to the use of electronic Communications on the terms described here and affirmatively consent to electronically (1) receive Communications, (2) enter into agreements with us, and (3) provide us account directions and updates.
11. Important Notice. You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically nor for any damages, including direct, indirect, special, incidental, or consequential damages caused by any unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems.
Updated December 06, 2023