Electronic Communications Consent

1. Consent to electronic communication. This Electronic Communications Consent (“Consent”) provides important information required by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and your consent to electronic delivery of any Communications relating to your use of any Products and Services (defined below) or your relationship with us.  You are not required to consent to receiving disclosures electronically, but if you do not consent, you may not be able to proceed with using the Products and Services electronically.  References to “you” or “your” herein refers to the individual applying for or receiving any Products and Services.  References to “we” or “us” herein refers to HRB Digital LLC, Emerald Financial Services, LLC (“EFS”), and Pathward, National Association, as well their respective affiliates and service providers, as applicable.  “Products and Services” means any products or services you apply for or receive while on www.SpruceMoney.com or within the Spruce App, whether offered by Pathward, EFS, or one of their respective affiliates or service providers. 

1.1 Scope of consent. You agree that any Communication (defined below) we provide may be in electronic form, and that all Communications in electronic form from us to you will be considered “in writing.”  Your consent to receive Communications electronically applies to all Communications relating to your use of the Products and Services or your relationship with us.  You also agree that we do not need to provide you with an additional paper (non-electronic) copy of the Communications unless you specifically request one as described below.  You should print or download for your records a copy of any Communication that is important to you.  This Consent does not require us to deliver Communications electronically, and we may provide paper copies of Communications at our discretion.  “Communications” means all notices, disclosures (including those required by law), agreements, fee schedules, tax forms, records, changes in terns, annual privacy notices, documents, account statements or other information we provide to you or that you sign or agree to relating to your use of Products and Services.

1.2 Method of delivery. We may provide electronic Communications to you in at least one of the following methods: 

(A) via email at the email address you provided to us;

(B) by access to a designated area of one of our websites (e.g., within www.SpruceMoney.com or within the Spruce App); or 

(C) during your use of our systems including, without limitation, via a screen or page within the Products and Services, one of our websites or your Spruce electronic account, or via a link to a web page containing the Communications.

1.3 Hardware and software requirements.  To access Communications, you must have the following:

(A) a Current Version (defined below) of Internet Explorer, Chrome, Safari, or Firefox;

(B) an internet connection;

(C) an email account and related software for accessing the email account; 

(D) a Current Version of a program that accurately receives, accesses, and displays PDF files; and

(E) a device with an operating system capable of supporting all of the above.  You will need a printer if you wish to print and retain paper records or sufficient electronic storage capacity if you wish to retain records in electronic form.

“Current Version” means a version of the software that is currently being supported by its publisher.

1.4 Obtaining paper copies.  You have the right to receive a paper copy of Communications. You may request paper copies of Communications by calling 855-977-7823. We must receive your request within a reasonable time after we first provide the Communication to you. 

1.5 Withdrawing consent and updating information.

(A) Withdraw consent or update information. If you want to withdraw your consent to receive Communications electronically or update your information, including a change to your email address, you must notify us in writing at the following address: HRB Digital LLC, Attn: Client Services 6th Floor, P.O. Box 10435, Kansas City, Missouri 64171-0435. Please provide your physical address, email address, and phone number to request the change.  If you fail to notify us of a change in email address, you understand and agree that any communications sent via email will be deemed to have been provided or made available to you in electronic form. 

(B) Result of withdrawing consent. If you choose to withdraw your consent to receive Communications electronically, then you may be unable to access certain features or functionality of Products and Services.  If you do not consent or if you withdraw your consent to electronic communications, we may close your Spruce accounts and terminate your access to them.  You acknowledge that some notices may be “one-time” notices for which you may not practically withdraw your consent after receiving the initial electronic notice.

1.6 Confidentiality/Limitation of Liability. You understand that the Communications may be confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or for any damages, including direct, indirect, special, incidental or consequential damages, caused by unauthorized access. If you have any questions about these disclosures, you may contact us by telephone at 855-977-7823.