ELECTRONIC NOTICE AND CONSENT AGREEMENT
(ESIGN Consent)
As part of your relationship with us, we want to ensure you have all the information you need to effectively manage your accounts. Our goal is to provide you with options to receive your account documents. We are required by law to give you certain information in writing, which means you are entitled to receive it in paper form. However, with your prior consent, we may instead provide this information to you electronically. So, before you use any of our Electronic Services, such as online account opening or to receive statements and notices electronically, you must review and consent to the terms outlined below.
In this ESIGN Consent:
- “We”, “us”, “our”, and “Open Bank” means Open Bank and Open Bank employee.
- “You” and “your” means the person giving this ESIGN Consent, and each additional account owners, authorized signer, authorized representative, product owner, and/or service user identified on any Open Bank product or service applied for and associated with this agreement.
- “Communication”/“Electronic Communication” includes, but is not limited to disclosure, notice, agreement, fee schedule, periodic statement, record, document, and other information we provide to you, or that you sign, submit, or agree to for this transaction, and as permitted by law.
- “Electronic Service” means each and every product and service you apply for. Use, or access using the Internet, a website, email, a messaging service (such as text messaging), and or software applications (such as mobile or hand-held devices), with this transaction.
- “Open Bank Product” means each and every product and service you apply for, own, use, administer, or access with this transaction.
Consent to use electronic records and signatures; choosing to receive Communications electronically. The Communication we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you as part of this transaction. By providing your email address and signing, you acknowledge your understanding of, and agreement to, the following terms and conditions, and you consent to receiving Communications by email. Your consent applies to this account opening transaction and we will send Electronic Communications to the email address provided in this transaction. Electronic Communications. Electronic Communications will be available for your viewing, downloading, printing, and retention.
Equipment and Software. Electronic Communications will be made available in a portable document format (PDF) file. In order to access, view, print, and retain Electronic Communications that we make available to you, you must have:
- A computer with Internet connectivity, sufficient storage space, and a supported Internet browser capable of 128‐bit encryption;
- A supported PDF viewer, such as the current version of Adobe® Reader® (adobe.com/reader) and a browser that can print PDF documents; and
- A valid email address including an account with an email service provider compatible with your email software.
If we change the computer hardware or software requirements, we will provide you with advance notice of the new requirements.
You are responsible for the maintenance, installation, and operation of your computer. We are not responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, or for any computer virus that affects your computer or software while viewing, downloading, printing, and retaining electronic Communications we make available to you.
Other Account Owners. If you receive electronic Communications on an account that includes other account owners, authorized signers, authorized representatives, delegates, product owners, and/or service users, you may be the only accountholder who is able to access Electronic Communications for that account. You agree to be solely responsible for the prompt and timely sharing of any and all Electronic Communications and any information provided thereon with each accountholder. Electronic Communications made available to you are deemed to be received by all accountholders. Each accountholder that uses a different email address to receive Electronic Communications must complete, sign, and return an ESIGN Consent to us electronically from his or her email address.
Paper Copies. We will not send you a paper copy of an electronic Communication from us, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of the electronic Communication by printing them yourself or by requesting that we mail you a paper copy. To request a paper copy, call us at 213.892.9999, write to us at Open Bank, Attn: Operations Administration, 550 S. Western Ave., Los Angeles, CA 90020, or email us at support@myopenbank.com (refer to our Schedule of Fees for any related fees and charges).
Term Changes. We may add to, delete from, or change the terms of this ESIGN Consent at any time, with or without cause.
Termination. We may discontinue sending Electronic Communications to you or we may suspend or terminate your access to Electronic Communications at any time, with or without cause. If we suspend or terminate your access to Electronic Communications, we will deliver future account documents, disclosures, agreements, notices, and periodic statements by mail or as otherwise provided under the original terms of your account agreement.
Updating Your Records. It is your responsibility to provide us with true, accurate, and complete email address, contact, and other information related to this disclosure and your account with us, and to promptly maintain and update any changes in this information. You may update your information by writing to us at Open Bank, Attn: Operations Administration, 550 S. Western Ave., Los Angeles, CA 90020 or by emailing us at support@myopenbank.com. You will be responsible for viewing each of your electronic Communications in a timely manner to comply with any payment due dates, error resolution requirements and time periods, and with any other terms and conditions of your account(s). If you cannot access, print, view, or retain an Electronic Communication for any reason, you must contact us immediately at 213.892.9999 or email us at support@myopenbank.com to make alternate arrangements to receive communications and comply with your account obligations.
Withdrawing Your Consent. You may withdraw from receiving electronic Communications, without the imposition of any condition, consequence, or any fee for such withdrawal, by sending us seven (7) calendar days advance notice of your cancellation via email at support@myopenbank.com or by writing to us at Open Bank, Attn: Operations Administration, 550 S. Western Ave., Los Angeles, CA 90020. If you withdraw your Consent to receiving electronic Communications, we will deliver future account documents, disclosures, agreements, notices, and periodic statements by mail or as otherwise provided under the original terms of your account agreement.
By providing your Consent for this account opening transaction, you are confirming that you have the equipment and software described above, that you can receive and review Electronic Communication, and that you have an active email account. You are also confirming that you are authorized to and do consent on behalf of all other account owners, authorized signers, authorized representatives, delegates, product owners, and/or service users identified with this transaction.

