This E-Sign Disclosure and Consent Notice ("Notice") applies to all Communicatons, as
defined below, with Pressler, Felt & Warshaw LLP ("PFW" or "We"). Under this Notice,
Communications You receive in electronic form from Us on Our websites or by email will
be considered "in writing." You should print or download for your records a copy of this
disclosure and any other Communication that is important to You.
The words "we," "us," and "our" refer to PFW, with whom Your PFW File is placed for
collection. The words "You" and "Your" refer to the particular person consenting to the
terms of this Notice. By using PFW electronic services, website, online services, mobile
applications and mobile websites ("Electronic Services") You consent to receive
electronically all Communications, as defined below, and this Notice. By giving Your
consent You are confirming that You have access to the necessary hardware and software
requirements identified below. You must review and agree to the terms of these services.
If You choose not to consent to this Notice or You withdraw Your consent, You will be
restricted from using Electronic Services.
The term "Communications" includes, but is not limited to, disclosures and
correspondence We provide to You regarding Electronic Services such as: (i) terms and
conditions, privacy statement or notices and any changes thereto; (ii) prepayment
disclosures, transaction receipts and confirmations; and (iii) other communications (for
example, and not by way of limitation, claims of error and payment authorization and
We may provide Communications to You by email to the primary email address
designated by You or by making them accessible on the PFW websites, mobile
applications, or mobile websites (for example, and not by way of limitation, via
"hyperlinks" provided online and in emails).
Communications will be provided online and
viewable using browser software or PDF files. You warrant and represent that any email
address provided by You is your personal, private and password protected email account
address. You consent to receive personal and confidential Communications at that email
address if We choose to send communications to You by email. You agree not to provide
an email address that is not private and can be accessed by others.
You have the right to withdraw Your consent at any time. You may withdraw Your consent
to receive Communications under this Notice by writing to Us at "Attn: E-Sign
and Consent Notice, Pressler, Felt & Warshaw LLP, 7 Entin Rd Parsippany, NJ 07054" or by
sending an email that identifies Your name, address and PFW file number, to
firstname.lastname@example.org. Your withdrawal of consent will cancel Your
agreement to receive electronic Communications, and therefore, Your ability to use Our
Electronic Services. Please allow for at least 1 business day to process Your request.
If, after You consent to receive Communications electronically, You would like a paper
copy of a Communication PFW previously sent to You, You may request a copy by writing
to "Attn: ESign
Disclosure and Consent Notice, Pressler, Felt & Warshaw LLP, 7 Entin Rd
Parsippany, NJ 07054" and PFW will send Your paper copy to You by U.S. mail. In order for
PFW to send paper copies to You, You must have a current mailing address on file with
PFW so We can process Your request. PFW will not charge You a fee for such copy.
It is Your responsibility to keep Your primary e-mail address current so that We can
communicate with You electronically.
You understand and agree that if PFW sends You a
Communication but You do not receive it because Your primary email address on file is
incorrect, out of date, blocked by Your service provider, or You are otherwise unable to
receive electronic Communications, PFW will be deemed to have provided the
Communication to You; however, We may deem your PFW File "inactive". You may not be
able to transact using Our Electronic Services until We receive a valid, working primary
email address from You.
If You use a spam filter or similar software that blocks or reroutes
emails from senders
not listed in your email address book, We recommend that You add PFW to Your email
address book so that You can receive Communications by e-mail.
You can update Your primary email address or other information by writing to us at "Attn:
Disclosure and Consent Notice, Pressler, Felt & Warshaw LLP, 7 Entin Rd
Parsippany, NJ 07054."
You acknowledge and agree that Your consent to electronic Communications is being
provided in connection with a transaction affecting interstate commerce that is subject to
the federal Electronic Signatures in Global and National Commerce Act (the "Act"), and
that You and We both intend that the Act apply to the fullest extent possible to validate
Our ability to conduct business with You by electronic means.
We reserve the right, in Our sole discretion, to discontinue the provision of Your
Communications, or to terminate or change the terms and conditions on which We
provide Communications. We will provide You with notice of any such termination or
change as required by law.
Agreement to Arbitrate and waiver of jury. Any dispute or claim arising out of or relating
in any way to your use of the Pressler, Felt & Warshaw, LLP (hereinafter “PFW”) website or
any document or service(s) offered or available by PFW through the PFW website shall be resolved
by binding arbitration, rather than in court.
THIS MEANS THAT IF EITHER PARTY CHOOSES ARBITRATION,
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT OR TO HAVE A JURY TRIAL TO DETERMINE
THEIR CLAIM. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE
ANY RIGHT TO A JURY TRIAL.
Right to Utilize Small Claims Courts. Any individual claim that you bring in small claims court
or your state’s equivalent, will not be subject to arbitration unless it is transferred, removed,
or appealed to a different court and then, we may choose to arbitrate said claim(s).
Governing Law. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To the extent state law is applicable, New Jersey law without regard to conflicts of law shall apply to this agreement to arbitrate.
Waiver of Judge and Jury. THERE IS NO JUDGE OR JURY IN ARBITRATION. Moreover, court review of an arbitration award is limited. However,
an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages)..
Initiating an Arbitration. To begin an arbitration proceeding, you must send a letter with your name and address on it, requesting arbitration and describing your claim to: Attention Arbitration Department, Pressler, Felt & Warshaw, LLP, 7 Entin Road, Parsippany, NJ 07054. The arbitration will be conducted by any appropriate arbitration forum including, but not limited to the American Arbitration Association (AAA) or JAMS, under their rules, including any Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. JAMS rules are available at WWW.JAMSADR.COM or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL CAPACITY.
Intellectual Property Exception. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By accessing or using PFW Electronic Services You agree to be bound by these terms and
conditions. If You do not agree to be bound by the terms and conditions of use please
immediately exit the Electronic Services now by clicking do not approve. By accessing or
using the Electronic Services, You hereby certify and affirm that your PFW File is not in
dispute, You are not represented by an attorney, and your PFW File has not been
discharged in bankruptcy; nor are You a petitioner in any pending bankruptcy proceeding.
If You are represented by an attorney, then You now represent You have the approval of
your attorney to make this payment.
Payments made via the Electronic Services may be posted to your PFW file as soon as the
next business day from when they are received. PFW will not accept liability for a
payment not reaching your account due to You entering an incorrect account number or
incorrect personal details. PFW will not accept liability if payment is for any reason
refused or declined by your bank or credit/debit card supplier. If the bank or card supplier
declines payment, PFW is under no obligation to bring this fact to your attention. You
should check with your bank or credit/debit card supplier that payment has been
deducted from your account. In no event shall partial payments made to your PFW file via
the Electronic Services constitute "settlement in full" or "payment in full" unless
otherwise agreed to in writing by PFW.
In no event will PFW be liable for any damages whatsoever arising out of the use, inability
to use, or the results of use of the Electronic Services, any websites linked to this site, or
the materials or information contained at any or all such sites, whether based on
warranty, contract, tort or any other legal theory and whether or not advised of the
possibility of such damages.
If You have more than one PFW file number, please submit your payment on each PFW
file separately by returning to the home screen after You complete your payment on your
first PFW file and then logging into to your next PFW file.
This communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
When You provide a check as payment, You authorize PFW either to use information from
Your check to make a one
time electronic fund transfer from Your account or to process
the payment as a check transaction.
When We use information from Your check to make an electronic fund transfer, funds
may be withdrawn from Your account as soon as the same day We receive your payment,
and you will not receive your check back from your financial institution.
PFW accepts other methods of payment. If You do not wish to make your payment
online, please call us to arrange another payment method at 8883128600.
Version Date: 10/12/20
This communication is from a debt collector.
This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
The information contained in this site is believed to be accurate.
No warranty or guarantee concerning the accuracy or reliability of said content is stated or implied.