Electronic Communications Agreement

ELECTRONIC COMMUNICATIONS AGREEMENT

Introduction.

By applying for, or inquiring about a product from, Balance Homes, Inc. or any of its subsidiaries (collectively, “Balance”), you consent to the terms of this Electronic Communications Agreement (the “E-Consent”).

Balance reserves the right to amend the terms of this E-Consent at any time. Your continued use of the Balance website or application for or use of any product with Balance constitutes your acceptance of the amended E-Consent. The amended E-Consent will supersede all previous versions.

Definitions.

In this E-Consent:

"We," "us," "our" means Balance and any current and future affiliate of Balance.
“You” and “your” means the person giving this E-Consent, and also each additional property owner, authorized signer, authorized representative, delegate, and/or co-applicant identified on any Balance product that you apply for, use or access.
“Communications” means each communication, disclosure, notice, proposal, offer letter, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request.
“Electronic Service” means any product or service we offer that you apply for, inquire about, use, administer or access using the Internet, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.

Scope of Consent.

This E-Consent applies to all interactions between you and Balance and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets.

Electronic Communications.

You agree to conduct communications and transactions using electronic communications, electronic disclosures, electronic records, electronic signatures, and electronic contract documents.

Electronic Signatures.

You agree to use electronic signatures, and that we may obtain them from you as part of our transactions with you. Any of the following constitutes your signature as if actually signed by you in writing: (i) your use of a keypad, mouse or other device to select an item, button, icon or similar consent; (ii) your accessing Balance’s website; (iii) your entering into any transaction or obtaining any product or service from Balance; or (iv) your type-written name or initials electronically placed on any documents or agreements (collectively, your “electronic signature”). You agree that your electronic signature is hereby adopted by you and that it represents your intent to acknowledge receipt or sign, as applicable, the documents and Communications. You agree that no certification or verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and Balance.

Electronic Notices.

To the extent that the law or any agreement with you requires us to give you written notice, you agree that we may provide these notices to you using electronic Communications. If required by law, we will continue to deliver certain Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered electronically, this E-Consent will be deemed to cover those Communications.

Hardware and Software Requirements.

To access and retain the Communications, you will need to use the following computer software and hardware: (i) a PC or Mac compatible computer or other device capable of accessing the Internet; (ii) an e-mail account; (iii) an Internet Browser software program that supports at least 128-bit encryption, such as Google Chrome or Microsoft Edge; and (iv) a PDF file reader like Adobe® Acrobat Reader.

If our hardware or software requirements change, and that change would create a material risk that you would not be able to access the Communications or retain your electronic records, we will give you notice of the revised hardware or software requirements. Continuing to use Balance’s products, website, or electronic services is your consent to any changes.

Paper or Non-Electronic Records.

If you wish to obtain a paper copy or other non-electronic record of any Communications, you should retain such Communication on a long-term storage device like your hard drive or print a copy of the Communication. You may also request a paper copy of any Communication, if available, by contacting Balance at info@balancehomes.com. You acknowledge Balance reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Communications, unless charging a fee is prohibited by applicable law. We will retain all Communications as required by applicable laws.

Withdrawing Consent.

You may withdraw this E-Consent at any time at no charge. If you withdraw consent, you will be ineligible to obtain any product from us. If you wish to withdraw your consent, you can send us your written request to info@balancehomes.com. If you withdraw consent, it will become effective after we have a reasonable period to process the request. If you decide to withdraw consent, the legal effectiveness, validity, and enforceability of prior electronic Communications and electronic signatures will not be affected.

Change to Your Contact Information.

You must keep us informed of any change in your email address or mailing address. You may update such information by contacting us at info@balancehomes.com.

Introduction.

By applying for, or inquiring about a product from or through, Balance Homes II Inc. or any entity it represents or provides services to (e.g., BHRE I, LLC) (collectively, “Balance,” “Company,” “we,” “us,” “our”), you consent to the terms of this Electronic Communications Agreement (the “E-Consent”).

Balance may propose material changes to this E-Consent. We will provide you with advance notice of any material change and, where required, obtain your renewed consent before the change becomes effective. Non-material, administrative updates may be made without notice, and your continued use of Electronic Services after the effective date of non-material changes constitutes acceptance of those changes.

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Definitions.
In this E-Consent:
- “You” and “your” means the person giving this E-Consent, and also each additional property owner, authorized signer, authorized representative, delegate, and/or co-applicant identified on any Balance product that you apply for, use or access.
- “Communications” means each communication, disclosure, notice, proposal, offer letter, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request. Communications include any disclosures or notices we are required to provide in writing.
- “Electronic Service” means any product or service we offer that you apply for, inquire about, use, administer or access using the Internet, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
- “Electronic Signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

Scope of Consent.
This E-Consent applies to all Communications related to your inquiries, applications, accounts, transactions, and use of Electronic Services, including interactions on mobile devices. You agree that we may provide the Communications to you electronically as described in this E-Consent after you provide consent.

Electronic Communications.
You agree to conduct communications and transactions using electronic communications, electronic disclosures, records, signatures, and contract documents.

Electronic Signatures.
You agree to use electronic signatures, and that we may obtain them from you as part of our transactions with you. Any of the following, when taken with the intent to sign or acknowledge a record, constitutes your electronic signature: (i) selecting an item, button, checkbox, icon or similar act of consent on an interface that clearly and conspicuously indicates the act is a signature or agreement; or; (ii) typing your name or initials, or applying a signature using an e-signature service (e.g., through DocuSign, PandaDoc). Mere access to or browsing of our website, without an affirmative act indicating intent to sign, does not constitute an electronic signature. You agree that your electronic signature is hereby adopted by you and that it represents your intent to acknowledge receipt or sign, as applicable, the documents and Communications. You agree that your Electronic Signature represents your intent to sign or acknowledge the applicable documents and Communications. We may, but are not required to, use authentication, certification, or verification tools; however, lack of such tools does not by itself affect the legal validity of your Electronic Signature where otherwise validly given.

Electronic Notices.
To the extent that the law or any agreement with you requires us to give you written notice, you agree that, after you provide affirmative consent, we may provide these notices to you electronically, which may include delivery by email, secure website or application posting with notice, or other electronic means we designate. If law requires paper delivery for particular items, we will provide those on paper unless and until permitted electronically and you have consented.

Hardware and Software Requirements.
To access and retain the Communications, you will need: (i) a device capable of accessing the Internet; (ii) a valid e-mail account; (iii) a current Internet browser that supports at least 128-bit encryption (e.g, as Google Chrome or Microsoft Edge); (iv) a program that can view and retain PDF files (e.g., Adobe Acrobat Reader); and (v) sufficient storage to save Communications or a printer to print them.

If our hardware or software requirements change in a way that would create a material risk that you will be unable to access or retain Communications, we will give you notice of the revised hardware or software requirements, and if required, obtain new consent before further delivering Communications electronically.

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Delivery Methods; Paper Copies on Request.
If you wish to obtain a paper copy or other non-electronic record of any Communications, you should retain such Communication on a long-term storage device like your hard drive or print a copy of the Communication. You may also request a paper copy of any Communication, if available, by contacting Balance at info@balancehomes.com. You may request a paper copy of any Communication by contacting Balance at info@balancehomes.com. We may charge a reasonable fee for providing paper copies and mailing, except where prohibited by applicable law or for documents that must be provided without charge. Requesting a paper copy does not withdraw your consent to electronic delivery.
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Withdrawing Consent.
You may withdraw this E‑Consent at any time at no charge by emailing us at info@balancehomes.com or by any other method we make available. Withdrawal will become effective after we have a reasonable time to process it. If you withdraw consent, we may be unable to provide or continue to provide certain products or Electronic Services that require electronic delivery. Your withdrawal will not affect the legal effectiveness, validity, or enforceability of prior electronic Communications and Electronic Signatures delivered or provided before withdrawal.
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Change to Your Contact Information.
You must promptly inform us of any change in your email address, mobile number (if you have agreed to SMS delivery), or mailing address. You may update such information by contacting us at info@balancehomes.com or through any account profile tools we make available. We are not responsible for Communications not received due to your failure to keep your contact information current.
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Timing, Effect of Delivery, and Retention.
‍Communications sent by email are deemed delivered when sent to your last provided email address. Communications made available by posting to a secure website or application will be deemed delivered when we send you a notice of availability. You agree to regularly check your email and, if applicable, your secure account for Communications. We will retain copies of Communications as required by applicable law.
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Electronic Funds Transfers; Regulation E Savings.
If any Communications relate to consumer electronic fund transfers, we will provide such Communications in a form and manner that satisfies applicable law, and nothing in this E‑Consent is intended to waive or limit any rights or obligations that cannot be waived under applicable law. Where applicable law requires delivery by a specific method or within a specific time, we will comply with those requirements, including providing paper copies where electronic delivery is not permitted or where you have not consented.

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Severability; Governing Terms.
If any provision of this E‑Consent is found unenforceable under applicable law, the remaining provisions will remain in full force to the maximum extent permitted, and required terms will be deemed incorporated as necessary to comply with applicable law.