E-Sign Consent
Read this Consent before signing any document electronically with Blue Diamond Development Inc.. By providing your electronic signature you agree to receive notices and contracts electronically and to be bound by them on the same terms as a handwritten signature.
Purpose of This Consent
This E-Sign Consent (the “Consent”) describes the terms under which Blue Diamond Development Inc. (“BDDI,” “we,” “our,” or “us”) may provide notices, agreements, and disclosures to you in electronic form, and the conditions under which you may use electronic signatures to enter into binding agreements with us.
This Consent is given pursuant to the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. (the “E-Sign Act”), and the Uniform Electronic Transactions Act (“UETA”) as enacted by every state and territory in which we operate.
Scope
This Consent applies to all communications, agreements, and disclosures relating to your engagement with BDDI, including without limitation engagement letters, statements of work, proposals, change orders, leases, lease amendments, property management agreements, construction contracts, draw requests, lien waivers, certificates of substantial completion, certificates of insurance, payment authorizations, vendor agreements, confidentiality agreements, indemnity agreements, and any other document related to a transaction with us.
Your Consent
By clicking, checking, typing your name, applying a digital signature, or otherwise indicating acceptance, you affirmatively consent to:
- Receiving Communications electronically;
- Using electronic signatures to bind yourself to agreements with us;
- Doing business electronically with BDDI.
Your electronic signature has the same legal effect as a handwritten signature on paper. Both you and we agree that no signed paper original is required for any agreement entered into electronically.
System Requirements
To access and retain electronic Communications, you must have:
- A computer, tablet, or smartphone with internet access;
- A current version of an industry-standard web browser (Chrome, Edge, Firefox, or Safari, each updated within the previous 24 months);
- An active email account with sufficient storage to receive and retain emailed Communications;
- Software to view PDF documents, such as Adobe Acrobat Reader or an equivalent;
- The ability to print or download and save copies of Communications.
If our system requirements change in a way that creates a material risk that you will not be able to access or retain a future Communication, we will provide you with an updated statement of system requirements and a renewed right to withdraw consent.
Withdrawing Consent
You may withdraw your consent to receive Communications electronically at any time by sending written notice to derrick@bluediamonddevelopinc.com with the subject line “Withdraw E-Sign Consent.”
Withdrawing consent will not affect the legal validity of any electronic Communication or signature delivered or applied before the withdrawal takes effect. After we receive a valid withdrawal, we will provide future Communications by U.S. mail or other paper delivery method, which may delay communications and may incur a per-document delivery fee disclosed at the time.
Updating Your Contact Information
You agree to keep your contact information current, including your email address and telephone number. You may update your information by emailing derrick@bluediamonddevelopinc.com or by submitting an updated form. We are not responsible for failed deliveries to a stale email address you did not update.
Requesting a Paper Copy
You may request a paper copy of any Communication previously delivered electronically by contacting us. We may charge a reasonable fee disclosed at the time. Requests for active engagement documents (less than 12 months old) are typically fulfilled at no cost.
How We Identify You
To verify your identity for an electronic signature, we may use one or more of the following: signed proposal acceptance, click-through assent, two-factor authentication, knowledge-based authentication, government-issued identification verification, IP address logging, timestamp logging, or third-party identity-verification services. Each electronic signature event is logged with metadata sufficient to satisfy the audit-trail standards of the E-Sign Act, UETA, and the Uniform Real Property Electronic Recording Act (URPERA) where applicable.
Effect of Electronic Signature
Your electronic signature is binding on you and on any entity you represent. By applying your signature, you represent that you have read the document, that you have authority to sign, that the information you provided in connection with the signature is true and accurate, and that you intend to be bound by the document on the same terms as if you had signed a paper original in ink.
Record Retention
We retain electronically signed documents in accordance with applicable record-retention laws and our internal policies. You should retain your own copy of any document you sign with us.
Notice of Material Change
If we materially change the terms of this Consent in a way that creates a material risk that you will not be able to access or retain Communications, we will provide a notice of the change and a renewed opportunity to consent or to withdraw consent.
Compliance Across Jurisdictions
This Consent is intended to comply with the E-Sign Act and with UETA as enacted in every state in which we operate, including each of the fifty (50) United States, the District of Columbia, and the Commonwealth of Puerto Rico. To the extent any jurisdiction prohibits the application of UETA or E-Sign Act to a particular document type (for example, certain wills or testamentary instruments), we will deliver and execute that document in paper form.
Contact Us
Blue Diamond Development Inc.
Attention: E-Sign Administrator
1501 South Greeley Highway, Suite C-3022, Cheyenne, WY 82007
Phone: (888) 851-1477
Email: derrick@bluediamonddevelopinc.com
Consent to Specific Document Categories
By accepting this Consent, you specifically agree that the following document categories may be delivered and signed electronically:
- Engagement letters and statements of work for development, construction management, property management, investor relations, and business development services;
- Proposals, scope agreements, and change orders;
- Construction contracts (including AIA forms), subcontracts, purchase orders, and lower-tier flow-down agreements;
- Lien waivers (conditional and unconditional, partial and final), submitted in the form prescribed by the applicable state mechanic’s-lien statute;
- Pay applications, invoices, and supporting documentation;
- Insurance certificates, additional-insured endorsements, and waivers of subrogation;
- Lease and rental agreements, lease amendments, lease addenda, lease guaranties, security deposit receipts, and notices to tenants;
- Property management agreements, listing agreements, and broker agreements;
- Investor subscription documents and investor reports (subject to additional offering-document requirements where applicable);
- Confidentiality agreements, non-disclosure agreements, and joint-venture term sheets;
- Vendor agreements, software license agreements, and consulting agreements;
- Tax forms (including Forms W-9 and 1099), payment authorizations, and ACH authorization forms;
- Notices, statements, disclosures, and confirmations of any kind in connection with the foregoing.
You acknowledge that delivery of any of the foregoing in electronic form satisfies any legal requirement that the document be in writing or be delivered in tangible form.
Documents That Are Not Eligible for Electronic Signature
Federal and state law exclude certain document categories from the application of the E-Sign Act and UETA, including (a) wills, codicils, and testamentary trusts, (b) certain family-law documents, (c) court orders and notices, (d) certain notices of cancellation or default, (e) hazardous-materials notices, and (f) certain documents required by law to be notarized or recorded in a specific form. We will deliver and execute these documents in paper form (or under remote-online-notarization where applicable state law permits).
Audit Trail and Authentication
For each electronically signed document, we maintain an audit trail that records the signer’s identity, the IP address from which the signature was applied, the date and time of access and signing in Coordinated Universal Time, the email address used to deliver the signing invitation, the device and browser information, the documents and version signed, the consent disclosures presented, and any second-factor authentication used. The audit trail is maintained as a tamper-evident record under the standards of the E-Sign Act, UETA, and the National Notary Association where applicable.
Electronic Notarization and Remote Online Notarization
Where a document requires notarization, we may use Remote Online Notarization (“RON”) in jurisdictions that have authorized it. RON sessions follow the requirements of the applicable state RON statute, including identity verification, knowledge-based authentication, video and audio recording of the session, and creation of an electronic journal entry. As of the most recent effective date, the majority of U.S. states authorize RON; the list is maintained by the National Notary Association. For jurisdictions that have not authorized RON, in-person notarization is required.
Storage Format and Access
Electronically signed documents are stored as PDF/A files (the long-term archival PDF format), protected by access controls and encryption at rest. You may request a copy of any document signed by you by contacting us. Active Project documents are typically retrievable within two (2) business days; archive documents may take up to ten (10) business days.
Multi-Party Signatures and Sequence
For documents requiring multiple signatures, we may use a sequential or parallel signing workflow. The document is binding on each party only when all required signatures have been applied. Until all required signatures are applied, the document is in draft form and either party may revoke its signature, except where the parties have agreed otherwise.