Last updated: 01/03/2024
In connection with the Backpack Services, Backpack and OMB Bank are required by law to provide you with certain disclosures in writing. Without your consent, Backpack and each OMB Bank are not permitted to provide these disclosures to you online.
Electronic delivery of communications
"Disclosures" include, but are not limited to (1) agreements and policies required to use the Backpack Services (e.g., these Backpack Terms, the Backpack Privacy Policy and each Partner and Partner Bank Privacy Policy); (2) payment authorizations, ACH debit consents, and transaction receipts or confirmations; (3) account statements, billing statements, and account histories; (4) all tax statements and related communications; and (5) any other disclosures required by law regarding your legal rights and obligations relating to the Backpack Services.
By providing your consent as set forth below ("Consent"), you agree to the following:
Backpack and any Backpack Partner may provide any or all Disclosures either electronically on the Backpack Website or in any Backpack App, through a hyperlink provided on the Backpack Website or in any Backpack App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us.
Backpack and/or a Backpack Partner may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein. The Disclosures will be provided to you in a format that can either be retained, printed or downloaded for your records.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
Your Consent applies to any transaction undertaken through the Backpack Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Backpack Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
Your Consent means that Disclosures Backpack and any Backpack Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.
You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Backpack Services after receiving notice of the change is the reaffirmation of your Consent.
You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at Backpack, Inc., Attn: Electronic Communications Delivery Policy, 30 169 Madison Ave #2477, New York, NY, 10016. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected. If you withdraw your Consent, Backpack may close or limit access to your account and the Backpack Services.
You agree that Backpack may modify or change the methods of disclosure described herein, and that Backpack and/or the Bank Partner may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact us via email at support@backpack529.com.
You agree that it is your responsibility to notify Backpack of any changes to your primary email address, phone number, or any other contact information so that Backpack can communicate with you electronically. You agree that Backpack is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by Backpack's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Backpack Services, and to maintain and update promptly any changes in this information. To update your information, contact us via email at support@backpack529.com.
It is your responsibility to ensure that your financial information, including your bank or 529 plan account and routing numbers, is accurate and up to date. Any changes to your financial information must be promptly communicated through the Backpack platform. We are not responsible for delays or failed transactions resulting from outdated or incorrect financial information provided by you.
Before using the Backpack Services, you will be asked for your agreement to the Backpack Terms of Use, including this Backpack E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this Backpack E-Sign Consent Agreement.
If you do not provide your Consent, you may not use the Backpack Services and must discontinue your use of the Backpack Services immediately.
