ONLINE AND MOBILE BANKING AGREEMENTLast Updated: February 7, 2020
This Online and Mobile Banking Agreement ("Agreement") governs your use of the online and mobile banking services (respectively, "Online Banking Service" and "Mobile Banking Service" and collectively, "Online Banking and Mobile Services" or "Services") made available to you by 1st Financial Bank USA ("Bank," "we," "us" and "our") and licensed to us by Jack Henry & Associates, Inc. ("JHA"). For purposes of this Agreement, our business days are Monday through Friday excluding federal holidays ("Business Days").
ACCEPTANCE OF AGREEMENT
ELIGIBILITY TO USE ONLINE AND MOBILE BANKING SERVICES
To be eligible to use the Online and Mobile Banking Services, your Eligible Accounts must be in good standing. For purposes of this Agreement, "Eligible Account" means a demand deposit (checking) account, savings account, money market account, certificate of deposit account, or loan account you have with us.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to use the Online Banking Service, you must have access to a personal computer or other communications device with Internet access and a browser that supports 128- bit encryption and TLS 1.2 or higher (e.g., Mozilla, Firefox, Microsoft Edge, Google Chrome, or Apple Safari). If you access and use the Online Banking Service using a browser that supports lower than 128-bit encryption, we will not be liable for any losses, damages or claims resulting from your use of such lower encryption.
In order to use the Mobile Banking Service, you must have access to an Apple iPhone, iPad or iTouch (requires iOS 11.0 or later compatible mobile device) or Android Smart phone or tablet (requires Android 5.0 or greater).
We reserve the right to update or change the hardware and software requirements specified in this Agreement at any time and from time to time.
ACCESS TO ONLINE AND MOBILE BANKING SERVICES
You can access the Online Banking Service through our website and the Mobile Banking Service through the 1FBUSA Community Banking Mobile App. The first time you access either Service, you must enter your Social Security number or Taxpayer Identification number, the account number of any of your Eligible Accounts, your email address, and telephone number ("Initial Access Information"). If the Initial Access Information you enter matches the information we have on file for you and you are otherwise eligible to access and use the Services, you will be prompted to create a username and password ("Access Credentials"). You should use care in choosing your Access Credentials and avoid easily guessed words and numbers, such as a family member's name and telephone numbers. The Access Credentials you create the first time you access either Service will be the Access Credentials you will use to access the other Service.
If the Initial Access Information you enter does not match the information we have on file for you, you will be not be able to access or use the Services. To update the information we have on file for you, you may call us at 1-800-657-4381 or write to us at 1st Financial Bank USA, P.O. Box 98, Dupree, SD 57623-0098.
It is your responsibility to ensure that the information we have on file for you is true, current, accurate and complete. You assume full responsibility for any damages, costs, expenses, claims or other liability you may incur relating to or resulting from any information we have on file for you that is false, out of date, inaccurate or incomplete.
PERMISSIBLE USES OF ONLINE AND MOBILE BANKING SERVICES
The Online and Mobile Banking Services enables you to perform a number of banking functions through the use of a personal computer or mobile device in connection with your Eligible Account(s).
You may use the Online and/or Mobile Banking Services to:
- Obtain balance and certain other information related to your Eligible Account(s);
- Transfer funds between your Eligible Account(s);
- Make payments on an installment loan you have with us;
- Order checks;
- Set up email and text account alerts;
- Order a stop payment on certain items;
- Update your address;
- View online statements and check images; and
- Chat in real time with a Bank representative between 9:00 a.m. and 5:00 p.m. (Central Time) on a Business Day.
Certain functions available through the Online Banking Service, such as ordering a stop payment on certain items, may not be available through the Mobile Banking Service and certain functions available through the Mobile Banking Service may not be available through the Online Banking Service.
PROHIBITED USES OF ONLINE AND MOBILE BANKING SERVICES
You may not use the Online and Mobile Banking Services to transfer money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Services to request money from anyone for any such payments.
We reserve the right to suspend or terminate your use of the Services if we believe, in our sole discretion, that you are using either or both of the Services for purposes other than those specified in this Agreement or that are prohibited by this Agreement, or if we believe you are using either or both of the Services in a manner that exposes us to liability, reputational harm or brand damage, including but not limited to using the Services to request, send or receive money related to any of the following:
- Pharmaceuticals and other controlled substances;
- Illegal drugs;
- Drug paraphernalia;
- Firearms, ammunition or other weapons;
- Sexually oriented activities or materials;
- Obscene or offensive activities or materials;
- Materials or activities that promote intolerance, violence or hate;
- Ponzi or pyramid schemes;
- Illegal gambling, gaming, lotteries or sweepstakes;
- Traveler's checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins;
- Counterfeit materials;
- Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of the Bank or any other third party;
- Terrorist funding;
- Money laundering; or
- Any other illegal activity or unlawful purpose.
We may prescribe other eligibility criteria and prohibited uses in our sole discretion.
MOBILE BANKING SERVICE
If you obtain a new mobile device and wish to access and use the Mobile Banking Service on that device, you will be required to download and install the Mobile App on the same terms and conditions set forth in this Agreement. If you no longer wish to access and use the Mobile Banking Service, you agree to delete the App from all devices on which the App is downloaded.
You shall not (1) copy, reproduce, alter, modify, or adapt all or any part of the Mobile App; (2) remove, alter or tamper with any proprietary notices, legends, symbols or labels attached to or contained within the app, including, but not limited to, any trademark, logo or copyright; (3) decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of all or part of the app; (4) redistribute, sell, rent, lease, sublicense, or otherwise transfer right to the app; or (5) use the app on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations, including devices that are "jail-broken" or "rooted".
If the security software within the Mobile App detects that your device has been jail-broken or rooted and we continue to make the Mobile App available to you regardless of such detection, it will not constitute a waiver of our rights or remedies, nor of your obligations, under this Agreement. For purposes of this Agreement, a jail-broken or rooted device means a device that has been freed from the limitations imposed on it by the mobile service provider and/or device manufacturer without their approval.
Data charges (including roaming charges) may apply when you download and use the Mobile App. You are responsible for these charges.
AVAILABILITY OF ONLINE AND MOBILE BANKING SERVICES
The Online and Mobile Banking Services are available seven days a week, 24 hours a day, except for any scheduled or unscheduled impairment or interruption of service for maintenance, periodic system repairs, upgrades and reconfigurations, testing, public emergency or necessity, force majeure, acts of God, labor disputes, mechanical or electrical breakdowns, and other situations that may result in the impairment or interruption of either or both of the Services.
We do not guarantee the functionality of the Services through all appropriate web browsers or on all mobile devices, on all communications networks, in all geographic regions, or at all times or any specific time and expressly disclaim any liability for your inability to access or use the Services for any reason. Subject to applicable law, we reserve the right to modify, suspend, or terminate access to either or both of the Services at any time and for any reason without notice or refund of previously incurred fees, if any.
CHILDREN UNDER AGE OF 13
In accordance with the Children's Online Privacy Protection Act, no part of the Online Banking and Mobile Services or our website or Mobile App are intended to attract anyone under the age of 13, and we do not intentionally collect information from those we actually know are under 13. Parents can also be proactive and limit website access by their children by installing filtering software.
RELATION TO OTHER AGREEMENTS
If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to either or both of the Services, this Agreement will control provided, that it does not modify any disclosures or other terms that are required by law and that are provided by the Bank in an Additional Agreement.
EQUIPMENT AND COMMUNICATION PROVIDERS
You are responsible for obtaining your own equipment, software and Internet and/or mobile communications service providers to access and use the Services. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with your Internet or mobile communications service provider agreement or any hardware, software or any other product or service you may purchase from others relating to your use of the Services. This Agreement does not amend or supersede any agreements that you have with third parties (such as, your mobile device supplier and mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Your hardware, software and communications providers are responsible for their products and services. You agree that any problems you may have concerning those companies' products, services or agreements shall be resolved by you directly with them, and without involving us. Your hardware, software and/or communication services may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses, malware or other malicious code. We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware, software and communication services is at your own risk.
You may not use or otherwise export or re-export the Mobile App (including any downloaded software and the computer programs contained therein as well as all subsequent copies, updates of version thereof regardless of the media or form in which they may exist) except as authorized by United States law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Mobile App, you represent and warrant that you are not located in any country or on any such list. You also agree that you will not use the Mobile App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
We are committed to protecting the security and confidentiality of your information and use commercially reasonable security measures to keep your information secure and prevent unauthorized access.
In addition to our use of commercially reasonable security measures to keep your information secure, you agree to take reasonable precautions to ensure the safety, security and integrity of your Eligible Accounts when using the Online and Mobile Banking Services. You also agree to comply with the security procedures set forth in this Agreement as well as other procedures we may from time to time implement related to your access and use of the Services. You agree that we may from time to time update and/or change the security procedures set forth in this Agreement. We will notify you of such updates and/or changes by posting a revised Agreement on our website and Mobile App with a new "Last Updated" date.
In connection with your use of the Mobile Banking Services, you agree to accept and/or install security updates and/or application patches for the Mobile App and your mobile device in a timely manner as they become available. You also agree to not leave your mobile device unattended while logged into the Mobile Banking Service and to promptly notify us if your mobile device has been lost or stolen or you believe that there has been unauthorized access to any of your Eligible Accounts through the Mobile App. We will not be liable for any claims, damages or costs arising from your use of Mobile App.
PROTECTING YOUR ACCESS CREDENTIALS
You agree to keep your Access Credentials confidential and not give or make them available to anyone. You acknowledge and agree that if you permit a third party to use the Services and/or share your Access Credentials with a third party, you are responsible for any transfers made by that third party, even if that third party exceeds your authorization, and for any other issues that arise with respect to your Eligible Accounts and/or information contained in those accounts, by virtue of the fact that you shared your Access Credentials.
If you believe that your Access Credentials have been lost or stolen or that a third party may attempt to access your Eligible Accounts without your consent, you must notify us at once as described below under "UNAUTHORIZED TRANSACTIONS".
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR ACCESS CREDENTIALS TO A THIRD PARTY AND/OR IF YOU ALLOW A THIRD PARTY TO USE YOUR ACCESS CREDENTIALS TO ACCESS YOUR ELIGIBLE ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF YOUR ELIGIBLE ACCOUNTS BY THEM.
For security reasons (such as, to maintain or restore the security or performance of the Services or if we reasonably believe your Access Credentials have been or may be obtained or is being used or may have been used in an unauthorized manner), we may at any time and from time to time require that you change your password and may, under certain circumstances, deny you access to your Eligible Accounts and/or the Services or any part thereof and/or may not process transactions made and/or submitted through the Services.
Your ability to transfer funds from certain accounts is limited by federal law. You should refer to the account agreement which governs each account for the applicable restrictions and any service charges or penalties for excessive withdrawals or transfers. Transfers made using the Online and/or Mobile Banking Services are included in calculating the permissible number of transfers applicable to accounts subject to transfer limitations.
We may at any time and from time to time impose frequency and/or dollar limits on the transfers you make to and from your Eligible Accounts and may refuse to process transfers between certain accounts. We will notify you promptly if we do not process a transfer you have initiated but will not provide notice of the non-processing of a transfer that is prohibited under this Agreement, any Additional Agreement, or federal or state law. If a hold has been placed on funds in an Eligible Account from which you wish to transfer funds, you cannot transfer funds from that account until the hold expires or is removed.
Except as otherwise provided in this Agreement, instructions for transfers to and from your Eligible Accounts that we receive on a Business Day before 5:00 p.m. (Central Time) will be credited or debited, as applicable, to your account that day. Instructions received by the Bank at or after 5:00 p.m. (Central Time) on a Business Day will be credited or debited, as applicable, to your account the next Business Day. Notwithstanding the foregoing, if our data processing system is not functioning or accessible for whatever reason, your funds transfer may not be completed until the next Business Day.
By initiating a funds transfer through the Online or Mobile Banking Service, you warrant that you are an authorized signatory on the Eligible Account from which such transfer is to be made and authorize us to initiate the transfer of funds from the designated originating account to the designated recipient account based on your transfer instructions. It is your responsibility to ensure that there are sufficient funds available in the designated originating account when you initiate a funds transfer. We may refuse to act on a funds transfer instruction if sufficient funds are not available in the designated originating account on the date on which the transfer is scheduled to occur.
If any of your Eligible Accounts is a joint account that requires two signatures for withdrawals, you may not initiate a withdrawal from such accounts through the Services.
OUR RESPONSIBILITY FOR FUNDS TRANSFERS
We will use reasonable efforts to timely and properly initiate and complete transfers to and from your designated Eligible Accounts according to your properly entered and transmitted instructions. If we do not complete a transfer to or from the designated Eligible Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in the Eligible Account to complete a transaction from that account;
- If you have not properly followed instructions on how to make a funds transfer;
- If you do not provide us with complete, correct and current instructions so that a funds transfer can be made;
- If withdrawals from any Eligible Account have been prohibited by a court order such as a garnishment or other legal process;
- If we have reason to believe the transaction is unauthorized, suspicious or fraudulent;
- If there was a hold on the funds in any Eligible Account or the funds were subject to a legal process or other legal encumbrance restricting their use;
- If the computer or mobile device used to access the Services was not working properly such that it interfered with your attempt to authorize a funds transfer;
- If you commit any fraud or violate any law or regulation in connection with any Eligible Account;
- If circumstances beyond our control (such as, computer failure, telecommunication outages, postal strikes and other labor unrest, fires, floods, and other natural disasters, terrorist acts or war) prevent the transfer despite reasonable precautions that we have taken;
- If we are prohibited by law from completing the transaction;
- If you have failed to use an Eligible Account in accordance with the terms of this Agreement, the governing account agreement or any Additional Agreement; and
- In any other circumstance as set forth in the governing account agreement.
We disclaim any duty or responsibility in making the Online and Mobile Banking Services available to you other than as expressly set forth in this Agreement. Except as prohibited by applicable law, in no event will we be liable for any special, incidental, indirect, punitive, or consequential damages of any kind.
ORDER OF PAYMENTS; INSUFFICIENT FUNDS
It is your responsibility to ensure that the Eligible Account from which you instruct us to make a transfer has sufficient funds to cover the transfer. If you instruct us to initiate a transfer from any of your Eligible Accounts other than through the Online or Mobile Banking Service on the same Business Day as you instruct us to initiate a transfer from that same account through such Service, we will initiate the transfer in the order we determine in our sole discretion if the account does not have sufficient funds to cover both transfers. If we complete a transfer from any of your Eligible Accounts pursuant to your instructions and subsequently learn that there are not sufficient funds in that account to cover the transfer, you agree to reimburse us, upon demand, for the shortfall and you further agree that we may reverse the transfer or offset the shortfall with funds from any other deposit account you have with us to the extent permitted by applicable law and the terms of the agreement governing such account.
FEES AND CHARGES
We do not charge any fees to access or use the Online and Mobile Banking Services. However, all applicable fee schedules published by the Bank from time to time will apply to banking functions initiated and/or performed through the Services. You are responsible for the payment of any fees incurred by you on any Eligible Account, for any service, at any time. You agree to pay all such fees. You agree that you are responsible for and will pay all telephone charges or fees incurred by you in accessing the Online and Mobile Banking Services.
Subject to applicable law, we may at any time and from time to time impose fees and/or penalties in connection with your use of the Online and Mobile Banking Services and will provide advance notice of such charges and/or penalties as required by applicable law.
CHANGES TO ONLINE AND MOBILE BANKING SERVICES
We may at any time and from time to time revise, update, discontinue or otherwise modify, temporarily or permanently, the Online and/or Mobile Banking Services or any part thereof and/or your access to either of both of the Services. Subject to applicable law, we will provide advance notice of any such changes by posting a notice on our website and mobile app, sending a notice to you at the address shown on our records and/or or sending you a secure message.
Changes to the Online and/or Mobile Banking Services may render prior versions of the Services obsolete. Without limiting the foregoing, we reserve the right to update or terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to only the most recent version and/or updates. You have the right to reject these changes by discontinuing use of the Services. Your continued use of the Services after the changes take effect will constitute your acceptance of and agreement to such changes.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES; CONFIDENTIALITY
You authorize us to disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we have obtained about your accounts and the transfers you make:
- When necessary to complete transfers or otherwise carry out your instructions;
- To verify the existence and conditions of an account for a third party, such as a credit bureau, or any holder of a check issued by you or on your behalf;
- To comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
- If you otherwise give us your permission; or
RECEIPTS; STATEMENT OF RECORD
For each transaction initiated using the Online and Mobile Banking Services, a confirmation page confirming initiation of the transaction will be displayed. You should print or otherwise retain a copy of the confirmation page for your records.
We will also provide to you a periodic statement for each monthly cycle in which an electronic fund transfer has occurred to or from any of your Eligible Accounts or quarterly if no transfer has occurred. The statement will be provided by mail, or in electronic form if you agree to receive it in such form.
LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Your liability for unauthorized transfers as described in this section applies to electronic fund transfers made to or from any of your Eligible Accounts that is a demand deposit (checking), savings, or other consumer asset account (other than an occasional or incidental credit balance in a credit plan) established primarily for personal, family, or household purposes ("Consumer Account").
Tell us AT ONCE if you believe your Access Credentials or mobile device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two Business Days after you learn of the loss or theft of your Access Information, you can lose no more than $50 if someone used your Access Information without your permission.
If you do NOT tell us within two Business Days after you learn of the loss or theft of your Access Information, and we can prove we could have stopped someone from using your Access Information without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was provided to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Access Information has been lost or stolen or a transfer has been made without your permission using your Access Information, you must notify us through the Online Banking Service, by calling us at 1-800-657-4381, or writing us at 1st Financial Bank USA, P.O. Box 98, Dupree, SD 57623-0098.
INFORMATION ABOUT YOUR RIGHTS TO DISPUTE ERRORS
The right to dispute errors as described in this section applies to electronic fund transfers made to or from any of your Eligible Accounts that is a Consumer Account.
In case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-657-4381, Write us at 1st Financial Bank USA, P.O. Box 98, Dupree, SD 57623-0098, or Email us at email@example.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we provided the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We may at any time and for any or no reason upon written notice terminate this Agreement and/or your access to and use of all or part of either or both of the Services. Without limiting the foregoing, if you do not access either of the Services and there has been no activity on any of your Eligible Accounts through either Service for any consecutive 120-day period, and there is no such activity pending as of the end of such 120-day period, we may without providing written notice terminate your access to either or both of the Services. If any of your Eligible Accounts is closed, you will not be able to access or use it through either Service.
Upon termination of the Agreement, you agree to immediately destroy all copies of the Mobile App which have been downloaded to your mobile device or are otherwise in your possession or control.
Transfers initiated or authorized prior to termination of this Agreement or your ability to access and use the Services will be processed in accordance with the instructions we received from you prior to the date of such termination. It is your responsibility to cancel any automatic or recurring transfers that were initiated or authorized prior to the date of termination and are to be credited or debited to any of your Eligible Accounts after that date. The termination of this Agreement or your ability to access and use the Services will not limit or otherwise affect your liability or obligations under this Agreement for transfers initiated or authorized prior to the date of termination.
REMOVAL OF ELIGIBLE ACCOUNTS
You may at any time remove an Eligible Account from the Online and Mobile Banking Services. To remove an Eligible Account from the Services, call us at 1-800-657-4381 or send a written request to 1st Financial Bank USA, P.O. Box 98, Dupree, SD 57623-0098. If you provide your request orally, we may also require that you confirm it in writing. To reinstate your online and mobile access to an Eligible Account that has been removed from the Services, call us at 1-800-657-4381 or send a written reinstatement request to 1st Financial Bank USA, P.O. Box 98, Dupree, SD 57623-0098. We reserve the right in our sole discretion to not reinstate online and mobile access to an Eligible Account that has been removed from the Services.
OWNERSHIP OF INFORMATION
The content (including, without limitation, all information, text, graphics and design) of the Bank's website, Mobile App, and Online and Mobile Banking Services is the property of the Bank or other parties and any unauthorized use, reproduction, linking or distribution of any part of the website, Mobile App, or Services is strictly prohibited.
Subject to applicable law, we may amend or change the terms and conditions of this Agreement, including the addition of any fee, at any time. If, as required by applicable law, an amendment or change requires advance written notice, we will send notice to you at your last known address. If advance written notice is not required, we will post the revised Agreement on our website and Mobile App with a new "Last Updated" date. If you do not agree to the amendment or change, you must stop using the Services and request that we terminate your ability to access and use the Services. If you use the Services after the effective date of an amendment or change, your continued use constitutes your acceptance of the amendment or change.
To access and use the Online and Mobile Banking Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you electronically by email, Chat or posting notices on our website and Mobile App. In general, communications sent over the Internet are not secure. We therefore will not send and strongly suggest that you do not send account or other confidential information to us by email, Chat or other electronic means. You agree that we may take a reasonable amount of time to act on any request or message sent by email, Chat or other electronic means. For any request or message that requires expeditious handling or a prompt response (such as, reporting an unauthorized transaction), please call us at 1-800-657-4381. Unless you have instructed us otherwise, you agree that we may send you electronic messages about products or services we offer.
You agree that all electronic communications that we receive through our website, Mobile App or otherwise in connection with the Online or Mobile Banking Service (such as, a request directing us to take an action with respect to any of your Eligible Accounts) that match the identity information you provided when you initially agreed to use the Services will be deemed valid, authentic and binding obligations. Pursuant to applicable law and regulations, these electronic communications will be given the same legal effect as your written and signed paper communications, will be considered a "writing" or "in writing" and will be deemed for all purposes to have been "signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.
You agree (to the maximum extent permitted by law) to hold harmless and protect and indemnify the Bank and its officers, directors, employees, agents, affiliates and contractors from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with the Online Banking Service pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
This Agreement is the complete and exclusive agreement between you and us related to the Online and Mobile Banking Services and supplements any other agreement or disclosure related to your Eligible Accounts. There are no other understandings or agreements relative hereto which are not fully expressed herein. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Eligible Accounts, this Agreement will control with respect to the Services.
SEVERABILITY; NO WAIVER
If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision only will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
LIABILITY FOR LOSS OR ERRONEOUS DATA
Except as otherwise expressly provided in this Agreement, you understand and agree that you bear the sole liability, cost and risk of error, loss, damage, cost or expense ("Loss") due in whole or in part to the failure, malfunction, or inoperability of the computing, mobile or other communications device you use to access and use the Online and Mobile Banking Services. You also understand and agree that we have no liability to you for any Loss, direct or consequential, which you may suffer or incur by reason of the computing, mobile or other communications device you use to access and use the Online and Mobile Banking Services and we make no representations or warranties regarding the accuracy, functionality, or performance of any software that may be used in connection with the Online and Mobile Banking Services. You agree that we will have no liability for any virus, worm, Trojan horse, or other malware that may enter the computing, mobile or other communications device you use to access and use the Online and Mobile Banking Services through or as a result of the downloading of information, software, or other materials from our website or Mobile App or the Online or Mobile Banking Service. To protect your computing, mobile or other communications device against such malware, we encourage you to routinely scan your device using a reliable anti-virus product.
You understand and agree that your access to and use of the Online and Mobile Banking Services requires use of or connection to the Internet, which is inherently insecure, and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of information to and from our website, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that all information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We will not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and will not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
LIMITATION OF LIABILITY; DISCLAIMERS
Except as otherwise expressly provided in this Agreement, we will not be liable to you for any loss or injury arising out of or caused in whole or in part by your access to or use of the Online or Mobile Banking Service or inability to access or use either or both of the Services, regardless of the cause. If, notwithstanding the foregoing, liability can be imposed on us, you agree that our aggregate liability for any and all losses or injuries arising out of any of our acts or omissions with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, will not exceed the amount of fees actually paid by you to us under this Agreement during the 12 month period preceding the event that gave rise to such loss or injury. You agree that you will not sue us for an amount greater than such sum even if you were advised of the possibility of such damages and that you will not seek punitive damages in any suit against us. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY YOU.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE ONLINE AND MOBILE BANKING SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE WE MAKE EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY THAT (1) EITHER OR BOTH OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (2) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF EITHER OR BOTH OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Subject to any limitation under applicable law on your liability to us arising from your use of the Online and Mobile Banking Services, you agree to indemnify, defend, and hold harmless us and employees, directors, officers, affiliates, and agents from and against any and all claims, suits, demands, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees and court costs) that arise directly or indirectly from your breach of this Agreement or your negligent or willful use of either or both of the Services.
You may not assign this Agreement or your right to use either or both of the Services to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third party.
GOVERNING LAW; ENFORCEMENT
This Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of South Dakota, without regard to its rules regarding conflict of laws. All disputes arising out of or in connection with this Agreement are subject to the exclusive jurisdiction of the courts of South Dakota. You agree that you will use the Services only in accordance with applicable law and the terms of this Agreement. In the event legal action is brought by one party against the other party under this Agreement, the prevailing party shall, subject to applicable law, be entitled to reimbursement by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
VIOLATIONS OF AGREEMENT
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access to our website, Mobile App or the Online and Mobile Banking Services from a particular Internet Protocol (IP) address.
You agree to execute any documents and/or provide any information (including information necessary to remake or reconstruct any transmission or entry) that we may reasonably request in connection with your use of the Online and Mobile Banking Services.
Neither party will be in violation of this Agreement for any failure to perform its obligations under this Agreement due to a cause beyond its reasonable control, including, but not limited to, any failure or interruption of any electronic communication system between us and you; equipment or software failure or malfunction; electrical, computer, or mechanical failure or malfunction; action or inaction of any government, civil or military authority; fire, strike, lockout or other labor disputes; flood, hurricane, war, riot, theft, earthquake, natural disaster; default of common carriers or third party vendors; and suspension in payments by another financial institution.
The primary licensor for the online and/or mobile banking service you are using ("Service") is Jack Henry & Associates, Inc. ("Provider"). By enrolling in our Service, you hereby agree as follows:
(i) General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products or services made available to you through the Service.
(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information ("Account Information"). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
(iv) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.
(v) Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.
(vi) Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
(vii) Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(ix) Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you. For more information on Google's use of the data, please see the website "How Google uses data when you use our partners' sites or apps" located at http://www.google.com/policies/privacy/partners/.
(x) Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.