Electronic Signature Disclosure and Consent

Required by the Electronic Signatures in Global and National Commerce Act (ESIGN Act)

Last Updated: January 2025Version: 1.0

Introduction

Before you use DocMarked's electronic signature services, you must review and consent to the following disclosure regarding the use of electronic records and signatures. This disclosure applies to all documents, notices, and other communications ("Communications") that we provide to you or that you sign electronically through our platform.

1. Your Right to Receive Paper Copies

You have the right to:

  • Receive paper copies of any Communications provided to you electronically
  • Request paper copies at any time by contacting us at contact@docmarked.com
  • Receive paper copies free of charge (or we will inform you of any applicable fees in advance)

To request a paper copy, send an email to contact@docmarked.com with the document name and your mailing address. We will provide the paper copy within 10 business days.

2. Scope of Your Consent

By consenting to this disclosure, you agree that we may provide the following Communications to you electronically:

  • Documents requiring your electronic signature
  • Completed and signed documents
  • Notices, disclosures, and other information related to your use of DocMarked
  • Terms of Service, Privacy Policy, and other legal agreements
  • Account notifications and service updates

3. Hardware and Software Requirements

To access and retain electronic Communications, you will need:

Computer/Device Requirements:

  • A desktop computer, laptop, tablet, or smartphone with internet access
  • Operating System: Windows 10+, macOS 10.14+, iOS 13+, or Android 8+

Browser Requirements:

  • Google Chrome (version 90 or later)
  • Safari (version 14 or later)
  • Firefox (version 88 or later)
  • Microsoft Edge (version 90 or later)
  • JavaScript must be enabled
  • Cookies must be enabled

Additional Requirements:

  • Valid email address to receive notifications
  • PDF reader (Adobe Acrobat Reader or equivalent) for viewing completed documents
  • Sufficient storage space to save downloaded documents
  • Printer (if you wish to print Communications)
  • Minimum screen resolution of 1024x768

Important: If your hardware or software does not meet these requirements, you may not be able to access or retain electronic Communications. Please contact us to request paper copies if you cannot meet these requirements.

4. How to Withdraw Your Consent

You have the right to withdraw your consent to receive electronic Communications at any time.

To withdraw consent:

  1. Log in to your DocMarked account
  2. Go to Settings → Electronic Consent
  3. Click "Withdraw Consent to Electronic Delivery"

Or email us at contact@docmarked.com with "Withdraw Electronic Consent" in the subject line.

Effect of Withdrawal:

If you withdraw consent, we will provide future Communications to you in paper form. Withdrawal of consent will not affect the legal effectiveness of electronic Communications provided before your withdrawal. Please note that withdrawal of consent may delay service delivery and some features may not be available.

5. How to Update Your Contact Information

It is your responsibility to keep your email address current so that we can deliver Communications to you electronically.

To update your email address:

  1. Log in to your account and go to Settings → Profile
  2. Update your email address
  3. Verify your new email address

Or email us at contact@docmarked.com from your current email address with your new email address.

6. How Electronic Signatures Work

When you sign a document using DocMarked:

  1. You will verify your identity via email verification code
  2. You will review the document that requires your signature
  3. You will create your electronic signature by typing, drawing, or uploading an image
  4. You will click to apply your signature to the document
  5. You will confirm your intent to sign by clicking "Finish Signing"
  6. The document will be completed and a copy will be provided to you

Legal Effect: By applying your electronic signature, you agree that your electronic signature has the same legal effect as a handwritten signature.

7. Security and Record Retention

Security:

  • All Communications are transmitted using secure encryption (SSL/TLS)
  • Documents are stored securely in encrypted format
  • Access is protected by password and email verification
  • Complete audit trail is maintained for all signature activities

Record Retention:

  • We retain signed documents for a minimum of 7 years as required by law
  • You can download and save your own copies at any time
  • We recommend you download and store copies of important documents

8. Contact Information

If you have questions about this disclosure or need assistance:

9. Federal Law

This disclosure is provided pursuant to the Electronic Signatures in Global and National Commerce Act (ESIGN Act), 15 U.S.C. § 7001 et seq., and other applicable laws.

Your Acknowledgment

By clicking "I Consent" during registration, you acknowledge that:

  • You have read and understand this Electronic Signature Disclosure
  • You consent to conduct business electronically
  • You consent to the use of electronic signatures
  • You can access and retain electronic Communications
  • Your computer/device meets the minimum system requirements
  • You understand your right to receive paper copies and withdraw consent