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Online Banking Agreement

Introduction

Agreement

Access / Security

Online Banking Features

Limit of Online Banking - The Bank's Responsibility

Inactivity / Termination

General Provisions

Terms and Conditions of the Bill Payment Service

Terms of Use Account-to-Account ("A2A")SM Transfer Service

Introduction

This Agreement is a contract for Online Banking provided by Eagle Valley Bank, N.A. ("the bank") to you. Please read this Agreement carefully. By enrolling into Online Banking, you are agreeing to the terms of this Agreement electronically.

Definitions

  • "Account" - each Eagle Valley Bank, N.A. product you have with us which is accessible through Online Banking.
  • "Website" - refers to the Eagle Valley Bank, N.A. website and web pages accessible through www.eaglevalleybank.com.
  • "Authorized representative" - a person with authority of any kind with respect to an Account.
  • "Include" and "including" - when used at the beginning of a list, indicates that the list contains examples – the list is not exclusive and the items in the list are intended only as illustrations. They are not the only possible items that could appear in the list.
  • Online Banking is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.
  • Password is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to Online Banking.
  • Business Day refers to Monday through Friday, 8:30 a.m. to 5:00 p.m. CST, excluding holidays as determined by Eagle Valley Bank, N.A..  All Online transaction requests received after the Business Day, or on a non-Business Day, will be processed immediately, but will not post to accounts until the following Business Day after checks processed during nightly processing.
  • Time of Day refers to Central Standard Time.
  • We, Us, Our, or Eagle Valley Bank, N.A. refer to Eagle Valley Bank, N.A., which offers Online Banking provided under this Agreement and holds the accounts accessed by Online Banking.

Agreement

Online Banking is subject to this Agreement including account information reporting, electronic funds transfer services, account maintenance services, and other online products and services that may be offered in the future ("Online Banking").

This Agreement describes your rights and obligations as a user of Online Banking.  It also describes the rights and obligations of Eagle Valley Bank, N.A. Please read this Agreement carefully.  As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use Online Banking.

By selecting the "AGREE" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Eagle Valley Bank, N.A. for the provision of certain Online Banking services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with Online Banking may also be in electronic form.

You are also acknowledging receipt of the following information and agree that:

We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using Online Banking.

We may provide you revisions and amendments to the Agreement and such other information, (including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Online Banking), electronically as a part of the Agreement or otherwise as a part of Online Banking.  While you may print and retain a copy of the Agreement or any information provided to you in relation to the Online Banking, we only provide these documents electronically.

You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all Online Banking services.

If you wish to withdraw consent to receive information electronically, to terminate Online Banking, or to update your information such as a change of address, or email address, you may send a letter to:

Eagle Valley Bank, N.A.
Deposit Operations
2501 Hanley Road
Suite B100
Hudson, WI  54016

Or calling us at:  800-840-2144

Or e-mailing us at:  internetsupport@eaglevalleybank.com

The terms and conditions in this Agreement are in addition to any deposit account agreements you have with the bank, including signature cards, account terms and conditions, schedules, disclosures, and change of terms notices (the "Deposit Agreements").  The terms and conditions in this Agreement are also in addition to any loan or credit agreements you have with the bank, including documents containing terms and conditions, schedules, and disclosures (the "Loan Agreements").  Further, the terms and conditions in this Agreement are in addition to the terms and conditions of separate agreements, disclaimers, and terms and conditions posted on the bank's web site, as may be amended from time to time, and applicable laws and regulations.

Hours of Operation

Online Banking is generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods.  All transaction requests initiated through the Online Banking and received after 5:00 p.m. (Central Standard Time) Monday through Friday will be processed the next business day. 

Access / Security

To use Online Banking, you will need your own computer and related equipment and a compliant web browser that supports at least 128-bit encryption.  You are responsible for the installation, maintenance, and operation of your computer.  The bank is not responsible for any errors or failures from any malfunction of your computer and the bank is not responsible for any computer virus or related problems that may be associated with the use of your computer.

Online Banking is a service provided solely for use by our clients.  During enrollment you will need to create an Access ID and password to gain access to your accounts using Online Banking.  You should protect your password at all times and change it on a regular basis.  You agree to keep the password safe and to not record, disclose or make the password available to anyone.  Anyone who has access to your password will have full access to your accounts and the services you can perform using Online Banking.  You have no ability to limit any such person's authority.  If anyone uses your password with your permission (an "Authorized User"), you will be responsible for any transactions performed by that person.

The safety of our customers' accounts and account information is of paramount importance to Eagle Valley Bank, N.A. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same.  You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized entry and access to your account.  Your password is intended to provide security against unauthorized entry and access to your accounts.  Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other.  Notwithstanding the bank's efforts to insure that Online Banking is secure, you acknowledge that the Internet is inherently unsecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  The bank cannot and does not warrant that all data transfers utilizing Online Banking or e-mail transmitted to and from the bank will not be monitored or read by others.  While Eagle Valley Bank, N.A. continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their Access IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled.  No Eagle Valley Bank, N.A. representative will ever call and ask for your Access ID or Password. The bank may, in its sole discretion, deny Online Banking account access or restrict Online Banking account transactions.

You will use an Access ID and password to access your accounts through Online Banking.  We may also require additional security procedures to initiate certain transactions; these security procedures may require special hardware, software or a third-party service.  You may also be required to use or activate specific Internet browser software features, plug-ins and add-ons, such as JavaScript support and "cookies", in order to utilize Online Banking.

Access ID's

Requirements for creating your Access ID:

  • must be a minimum of 6 - 19 characters
  • can be any combination of letters or numbers
  • no special characters or spaces
  • Access ID's are case sensitive

Password

You determine what password you will use; the identity of your password is not communicated to us.  You agree that we are authorized to act on instructions received under your password.  You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.  For your security minimum password requirements have been established.  All passwords: 

  • must be at least 8 characters
  • Containing at least 1 number (0-9), 1 letter (A-Z), and 1 special character
  • Passwords are also case sensitive
  • You will be automatically prompted to change your password every 90 days

For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password confidential.

Passwords can be changed in Online Banking or call Eagle Valley Bank, N.A. at 800-840-2144 to have your password reset.

Lost or Stolen Passwords

If you believe that your password may have been lost or stolen, or that someone has viewed, downloaded, or deleted electronic records or transferred money from your Account without your permission, or if you suspect any fraudulent activity on your Account, you agree to immediately Deposit Operations at 800-840-2144 from 8:30 a.m. to 5:30 p.m. Monday through Friday.  Calling us is the best way of minimizing your potential losses; however, you may write to us at the address provided under the Contact Information section of this Agreement.

If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission.  If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.  The limitations on your liability described in this paragraph do not apply to business accounts.

Electronic Fund Transfer Provisions

Some of the transactions permitted through Online Banking may be governed by the Electronic Funds Transfer Act (the "EFTA"), and some of the terms and conditions of this Agreement are disclosures required by the EFTA.  Business account holders are not covered by the EFTA and therefore certain provisions will not be applied to business accounts.

Your Responsibility

You are responsible for all transfers and bill payments you authorized using Online Banking.  If you permit other persons to use Online Banking or security codes, you are responsible for any transactions those persons authorize from deposit and credit accounts.  You should notify the bank immediately if you believe any of your accounts have been accessed or your password has been used without your permission.  Contacting the bank immediately will help you reduce your potential losses.

You can lose no more than $50 if you notify the bank within two (2) business days of discovering any unauthorized use of Online Banking or your password.  However, you can lose as much as $500 if you do not notify the bank within two (2) business days of discovering the unauthorized use and the bank can prove that it could have prevented the unauthorized use had it been notified.  The limitations on your liability described in this paragraph do not apply to business accounts.

If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the sixty (60)-day period if the bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60)-day period.

Security Information (Our Procedures)

Our Online Banking utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet.  In addition to our login security which incorporates multi-factor authentication (i.e. Access ID's, passwords, plus pictures, questions, or digital security keys), we use secure socket layer ("SSL") encryption technology for everything done in Online Banking.

Your browser automatically activates this technology when it attempts to connect to our Online Banking and it will support the 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked.  Your communications are encrypted from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet.  Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.

Data transferred through the Online Banking is encrypted in an effort to provide transmission security.  Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other.

You agree that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for detection of errors.  We reserve the right to change any process from time to time to implement new measures that are recommended in the industry to respond to new or increased threats.  

Security Information (Your Obligations)

You understand the importance of your role in preventing misuse of your accounts through Online Banking, and you:

  • Agree to promptly examine any statement you receive or that we make available to you for each of your accounts in a timely manner;
  • Agree to protect the confidentiality of your account, and expressly assume responsibility for any transaction conducted by an Authorized User or any Losses that result from the actions (or inactions) of you or an Authorized User;
  • Understand that certain identification information by itself or together with information related to your account may allow unauthorized access to your accounts;
  • Acknowledge that, notwithstanding our efforts to ensure that Online Banking is secure, the Internet is inherently unsecure and that transmission of electronic mail occurs openly on the Internet and can potentially be monitored and read by others;
  • Understand and acknowledge that we cannot and do not warrant that email transmitted to and from us, will not be monitored or read by others;Understand and agree that we are not responsible for any electronic virus or viruses that you may encounter;
  • Agree to routinely scan your computers and diskettes using a reliable virus detection product to detect and remove any viruses, but understand and acknowledge that there are certain viruses, malware, etc., which may not be detectable by commercially available software and agree that Eagle Valley Bank, N.A. shall have no liability for any such intrusions, except as otherwise set forth herein;Agree to install, maintain, update and utilize industry standard security products that are appropriate for you, including, without limitation, firewalls, anti-virus protection software, anti-spyware protection, operating services and applications with the latest patches, and a browser product that indicates the web site you are on; and
  • Agree to comply with the password requirements set forth herein, as such password requirements may be changed from time to time, and to employ reasonable steps in selecting, maintaining, and protecting passwords and other codes and access devices related to Online Banking, the services and your accounts.

Electronic Mail (E-Mail)

If you send us an e-mail message through Online Banking, we will be deemed to have received it on the following Business Day.  E-mails will be answered within a reasonable timeframe.

You should not rely on e-mail if you need to communicate with Eagle Valley Bank, N.A. immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that Eagle Valley Bank, N.A. may respond to you by e-mail with regard to any matter related to Online Banking, including responding to any claim of unauthorized electronic funds transfer that you make.  Any such e-mail sent to you by Eagle Valley Bank, N.A. shall be considered received within three (3) days of the date sent by Eagle Valley Bank, N.A., regardless of whether or not you sign on to Online Banking within that time frame.

Online Banking Features

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

  • Transfer funds between your linked checking, savings, money market, and loan accounts.
  • Place stop payment orders on checksBill Pay option available through CheckFree
  • View up-to-the-minute account information
  • View images of paid items and deposits
  • Communicate with us via e-mail
  • Account Alerts can be sent via e-mail or text message.

NOTE:  Because regulations require Eagle Valley Bank, N.A. to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

Savings Accounts—you can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by Online Banking.

Money Market Savings Account—You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by Online Banking, and no more than three (3) of these may be by check, draft or debit card.

New services may be introduced for Online Banking from time to time.  Eagle Valley Bank, N.A. will notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

Stop Payment Orders

You may place stop payment orders on checks using Online Banking.  When placing a stop payment order, you agree to indemnify us and hold us harmless for all losses incurred by us due to our refusal to pay the check.  You acknowledge that, under the law, there are some situations where a check can be enforced against you even though you ordered us to stop payment.  In such instances, we will not be liable to you for refusing to enforce your stop payment order.  We will not have a duty to stop payment until you have given us the number, the exact amount of the item and the name of the payee.  In addition, we must have had a reasonable opportunity to act on your stop payment order prior to the earlier of our payment of it or one hour after the opening of the next business day after the business day we received it.  The information we require you to submit in connection with your stop payment order must be exactly correct to enable our computer Online Banking to match the payment to be stopped to your stop payment order.

A stop payment order on a check is effective for six months unless you renew the notice in writing within that time, in which case the stop payment order will be effective for an additional six month period.  At our option, we may continue stop payment orders beyond these time periods unless cancelled by you.  Stop payment orders received after regular banking hours or on a holiday shall be deemed received at the opening of business on the next business day.

If we pay an item despite your timely stop payment order, the following rules will apply:  (a) you will have to prove to us that you have suffered a loss and, if so, the amount of the loss; (b) we will be able to enforce any rights that the original payee or any other person who held the check had against you; (c) we will not re-credit your account until you prove your loss and we are satisfied that we are required by law to do so; and (d) if we re-credit your account, you agree to sign a statement describing the dispute with the payee or other holder of the check, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person.  Stop payment order will be released only upon written request from the account owner who authorized the stop payment order to be placed.

If you submit a stop payment request to us, we will charge your account the fee for such service specified on our current service fee schedule, as amended from time to time. 

Overdrafts

When you schedule an electronic funds transfer using Online Banking, you authorize us to withdraw the necessary funds from your account with us.  We deduct the amount of your funds transfer from your account on the date we process your instruction.  Each instruction to us to withdraw or transfer funds from your account is an order to us to make the payment from that account at that time or on a later date, if any, indicated in the instruction.  We may charge payments you instruct us to make to your account even though the charge creates an overdraft, or we may refuse to make the payments if the charge creates an overdraft.  If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees.  If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.

Account Alerts

Online banking alerts allow you to set up automated alert events based on your own criteria.  Alerts may be sent via e-mail, text message or online message box within Online Banking, or all three options.  Alerts will be sent to the e-mail address or phone number you provide in creating the alert. Data rates may apply to alerts sent via text message.

Eagle Valley Bank, N.A. may add or remove types of alerts from time to time.

If you change your e-mail address you are responsible for changing this in the alerts you have already set up.

You agree that alerts may be delayed or prevented for a variety of reasons.

We do not guarantee the delivery or validity of the contents of any alert.

You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.

You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.

The bank will never include your password or full account number in an e-mail alert; however you understand that alerts may include your name and some information about your accounts.

Address Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate.  This includes, but is not limited to, name, address, phone numbers and email addresses.  You may notify us by:

    • Online banking change of address request
    • In person – You will sign documentation stating your new information.
    • By mail – If you mail in a request, it must be signed and notarized. If there is any question about signature authentication, you will be notified and asked to stop in personally at one of our locations.
    • If we receive an address change notice from the U.S. Postal Service. It is at our discretion to use this address.

Errors and Questions

In case of errors or questions about your electronic fund transfers, call us at:

YOUR LOCAL BRANCH

Or write to:

Eagle Valley Bank, N.A.
Deposit Operations
2501 Hanley Road, Suite B100
Hudson, WI  54016

Or e-mailing us at:  internetsupport@eaglevalleybank.com

Or use the current information on your most recent account statement.

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt.  You must contact Eagle Valley Bank, N.A. no later than 60 days after it sent you the first statement on which the problem or error appears.  You must be prepared to provide the following information:

  • Your name and account number.
  • A description of the error or the transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
  • The dollar amount of the suspected error.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (10) business days, (twenty (20) business days for new accounts) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete our investigation.  If we ask you to put your compliant or question in writing and we do not receive it within ten (10) business days, we may not credit your account.  The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (3) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.

We will tell you the results within three (3) business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.

You may request copies of the documents that were used in the investigation.

You agree that Eagle Valley Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to Online Banking.  Any such e-mail sent to you by Eagle Valley Bank The Bank shall be considered received within three (3) Business Days of the date sent by Eagle Valley Bank, regardless of whether or not you sign on to Online Banking within that time frame.

Statements

Your Online Banking account activity will appear on the account statements we make available to you.  We will make available to you an account statement each month in which an electronic fund transfer is made to or from your account.   If there are no transfers in a particular month, you will receive your account statement at least quarterly. 

Privacy Policy

A copy of Eagle Valley Bank, N.A. Consumer Privacy Statement is available upon request at our office, or can be mailed to you upon request by calling Deposit Operations at 800-840-2144, or sending a letter to:

Eagle Valley Bank, N.A.
Deposit Operations
2501 Hanley Road
Suite B100
Hudson, WI  54016

You can also access our policy online by clicking on the Privacy icon on the Eagle Valley Bank, N.A. website.

Limit of Online Banking - The Bank's Responsibility

Eagle Valley Bank, N.A. agrees to make reasonable efforts to ensure full performance of Online Banking.  Eagle Valley Bank, N.A. will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control.  This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send.  Eagle Valley Bank, N.A. is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from Eagle Valley Bank, N.A. is believed to be reliable.  However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed.  Eagle Valley Bank, N.A. is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.

Eagle Valley Bank, N.A. is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking.  Eagle Valley Bank, N.A. will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of Eagle Valley Bank, N.A. liability shall be as expressly set forth herein.  Under no circumstances will Eagle Valley Bank, N.A. be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable.  By consenting to use Online Banking, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

Eagle Valley Bank, N.A. Responsibility

We will be liable to you for damages proximately caused by our failure to make a properly requested electronic fund transfer, in accordance with the terms and conditions of this Agreement, in the correct amount or in a timely manner.  Notwithstanding the foregoing, unless required by law, we will not be liable to you if:

  • If you do not have adequate money to complete a transaction or if that account has been closed;
  • If you do not have an adequate credit limit in a credit account to complete a transaction from that account, or if that account has been frozen or closed;
  • Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer or use of Internet service, despite reasonable precautions that we have taken
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy
  • Your funds are subject to legal process or other encumbrance restricting the transferYour transfer authorization terminates by operation of law
  • You believe someone has accessed your accounts without your permission and you fail to notify Eagle Valley Bank, N.A. immediately
  • You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses Online Banking.
  • For the failure of any payee to correctly account for or credit the payment in a timely manner
  • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • For changes to the payee's address or account number (unless you have advised us of the change within three (3) business days in advance).
  • We have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
  • The error results from any malfunctions of your browser, Internet service provider, computer, computer virus or other problems relating to the computer equipment you use with Online Banking, including, without limitation, your inability to access Online Banking or any part of Online Banking.
  • The transfer service was not working properly and you knew about the breakdown when you started the transfer.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Unless otherwise required by law, our sole responsibility for an error directly caused by us in transferring funds will be to correct the error.  In no case will we be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to Internet service.

Your Responsibility

You are responsible for:

  • Actions that may be taken by anyone using Online Banking after signing in with your username and password. We are entitled to rely and act upon instructions received under your username and password.
  • Keeping your username and password confidential and for ensuring that you have signed off from Online Banking when your session is complete to prevent unauthorized persons from using Online Banking.

You agree that you will be the only user of your username and password, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of Online Banking and any fees associated with use of other services accessed through Online Banking on your Account whether or not authorized by you. You agree to immediately notify us and report any actual or suspected unauthorized use of your username or password.

You agree to provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your identity.

You will:

  • Not use Online Banking for any illegal purposes;
  • Comply with all regulations, policies and procedures of networks through which you access and use Online Banking;Not use Online Banking for any activity or use that may disrupt Online Banking or the networks through which you access or use Online Banking; and
  • Not access or attempt to access any Online Banking account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account.

Disclaimer of Warranty and Limitation of Liability:

The bank makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking provided to you under this Agreement.  The bank does not and cannot warrant that the Online Banking will operate without errors, or that any or all Online Banking will be available and operational at all times.  Except as specifically provided in this Agreement, or otherwise required by law, you agree that the bank and its officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Banking or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.  Further, in no event shall the liability of the bank and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.

Except as specifically provided in this Agreement or otherwise required by applicable law, we (and our service providers or other agents) will not be liable for:

  • Any loss or liability you may incur resulting in whole or part from any failure or misuse of:
    • Your equipment, or
    • Software provided by an external company such as an Internet browser provider, an Internet access provider, an online services provider or an agent or subcontractor of any of them or
  • Any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking.

Eagle Valley Bank, N.A. does not make any representation that any content or use of Online Banking is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • Is not in accordance with any term or condition of this Agreement or Account;
  • We have reason to believe may not be authorized by you or any other person whose authorization we believe is necessary or involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction; would violate:
    • Any applicable provision of any risk control program of the Federal Reserve or the Office of Thrift Supervision
    • Any applicable rule or regulation of any other federal or state regulatory authority;
  • Is not in accordance with any other requirement of our policies, procedures or practices; or
  • We have other reasonable cause not to honor for our or your protection.

In no event will Eagle Valley Bank, N.A. be liable for any failure of availability or performance due to scheduled Online Banking maintenance or circumstances beyond our control (such as power outage, computer virus, Online Banking failure, fire, flood, earthquake, or extreme weather).

Except to the extent that we are liable under the terms of this Agreement or another agreement governing the applicable Account, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney's fees) arising from:

  • A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us;
  • Any fraud, manipulation, or other breach of this Agreement;
  • Your violation of any law or rights of a third party; or
  • The provision of Online Banking or use of Online Banking by you or any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.  This indemnification is provided without regard to whether our claim for indemnification is due to the use of Online Banking by you or your authorized representative.

Inactivity / Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using Online Banking.  We may modify, suspend or terminate your privilege of using Online Banking and may withhold approval of any transaction (including the Bill Payment Service) under this Agreement without notice to you for any reason; if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.  We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for Online Banking, we may close your Online Banking account if you do not sign on to it or have any transaction scheduled through Online Banking during any consecutive 180 day period.

If you terminate Online Banking, you authorize the bank to continue making transfers and bill payments you have previously authorized and will continue to charge monthly fees until such time as the bank has had a reasonable opportunity to act on your termination notice.  Once the bank has acted upon your termination notice, the bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized.  If the bank terminates your use of Online Banking, the bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized.  If the Online Banking is terminated by either party, the bank is not liable for any losses related to payments not made as a result of termination, for example, re-occurring payments that are not made.

Any one person who can use the account may terminate Online Banking.  To cancel Online Banking and/or Bill Pay, you must notify Eagle Valley Bank, N.A.  Your notification should include your name, address and the effective date to stop the service(s).  When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated.  Your final charge for Bill Pay will be assessed if applicable at the end of your statement cycle.  You may notify Eagle Valley Bank, N.A. by one of the following methods:

By initiating a customer inquiry through our Web Site

By calling:  800-840-2144

By sending a letter to:

Eagle Valley Bank, N.A.
Deposit Operations
2501 Hanley Road
Suite B100
Hudson, WI  54016

Fees

Fees payable by you for access to and use of Online Banking shall be at a rate specified by the bank's most current service fee schedule, which may be amended from time to time.  The bank may change fees upon thirty (30) days prior written notice to you.  You authorize the bank to deduct all applicable fees from any deposit account you have at the bank.  You are responsible for telephone and Internet service fees incurred in connection with using Online Banking.

Other Agreements

In addition to this Agreement, the terms and disclosures you received at the time your accounts were opened with us remain in full force and effect. In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall control.

We may change your Online Banking status to inactive if you do not sign on to the service or have any transaction scheduled through Online Banking during any consecutive ninety (90) day period.  If your account is considered inactive, you must contact us to have the Online Banking activated before you could use the service again.

Disclosure of Information to Third Parties

The bank has entered into an agreement to have a third party provide the Online Banking functions.  Please refer to Eagle Valley Bank's Privacy Policy for more details.

Online Banking Support

You understand that some support and services relating to Online Banking, are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.

Waiver of Requirement of Two or More Signatures

You recognize that there are not any requirements for Eagle Valley Bank, N.A. to verify two or more signatures on checks, even if you had this verbiage added to your checks.  This further applies to any transactions performed in Online Banking.  This means that any person who is an authorized signer on your account is authorized by you to individually make electronic or telephone transfers, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.

Authorized Representatives

Authorized User Access: You may request that another person (the "Authorized User") have access to accounts owned by you using Online Banking. You are responsible for granting, terminating, and maintaining account access after the bank provides the initial account access as requested by you. "Access" means the Authorized User may use Online Banking to conduct transactions (including transferring funds or making payments) or obtain information on accounts owned by you. If you request an Authorized User for Online Banking, you authorize the Authorized User to use Online Banking to access all current and future checking, savings, loans and/or lines of credit on which you are an individual or joint owner at the bank or any of its affiliates. You understand and agree that you are responsible for all transactions or actions of the Authorized User on your accounts, including charges and fees, and that all transactions are deemed authorized under the EFTA.

Downloading Third-Party Software

From time to time, we may offer third-party software tools and products (such as Adobe) that you may elect to install on your computer (collectively "Third-Party Software"). You are responsible for obtaining a valid and separate license agreement with the provider of the Third-Party Software.

You agree and understand that:

  • You assume all risk that any Third-Party Software you download and install, or any information you enter into the Third-Party Software, may be accessed by unauthorized third parties; and
  • If you use the Third-Party Software to transmit information, you (and the Third-Party-Software provider) are responsible for the security and confidentiality of that information.

You agree that any Third-Party Software that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any Third-Party Software, or any loss or corruption of data that might occur as a result of the downloading or its installation in a computer or other electronic device.

You also agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the Third-Party Software (including the necessary equipment, including but not limited to a modem), and that you are responsible for all costs associated with accessing the Third-Party Software.

You agree and understand that any Third-Party Software you download through the download option is provided to you "as is" and "as available."

You agree and understand that we make no warranties and have no liability as to:

  • The accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software;
  • The errors or omissions in the delivery or transmission of the Third-Party Software from us to you (and "you" includes delivery to your Personal Financial Management Software and/or your computer); and
  • The Third-Party Software's fitness for a particular purpose and non-infringement of any third-party rights.

You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.

You agree that we will not be liable to you for:

  • Your inability to use the Third-Party Software;
  • The accuracy, timeliness, loss or corruption, or misdelivery, of any Account information or any other information processed by the Third-Party Software; or
  • Unauthorized access to your Accounts or to your account information and any misappropriation, or alteration, of your account information or data as a result of your installation or use of the Third-Party Software.

General Provisions

Change in Terms

The bank may change any terms of this Agreement at any time. If the change would result in increased fees for any Online Banking, increased liability for you, fewer types of available electronic funds transfers, or stricter limitations on the frequency or dollar amount of transfers, the bank agrees to give you notice at least thirty (30) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic funds transfer Online Banking.  The bank will post any required notice of the change in terms on its website or forward it to you by e-mail or by postal mail.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer Online Banking, the bank will notify you of the change in terms within thirty (30) days after the change becomes effective.  Your continued use of any or all of the subject Online Banking indicates your acceptance of the change in terms.  The bank reserves the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable Deposit Agreements, Loan Agreements, schedules, and disclosures.  This Agreement will be in effect from the date your enrollment in Online Banking is submitted by you and accepted by us and at all times while you are using Online Banking.

Assignment

The bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the bank or to any other party.

Modifications to This Agreement

We reserve the right, at our sole discretion, to amend this Agreement or change the services provided to you pursuant to this Agreement at any time.  Unless an immediate modification or change is necessary to ensure the security of the services or your accounts with us, we will send you notice to the mail address or e-mail address for you reflected in our records at least thirty (30) days before the effective date of any modification or change if required by law.

Notices and Bank Contact

All notices and other communications provided for in this Agreement shall be in writing at the address indicated below or, if expressly permitted in the Agreement, by telephone at the number indicated below.  The bank shall be entitled to rely on any communication believed by it, in good faith, to be genuine and to have been made by you.

Eagle Valley Bank, N.A.
Deposit Operations
2501 Hanley Road
Suite B100
Hudson, WI  54016

Or calling us at:  800-840-2144

Or e-mailing us at:  internetsupport@eaglevalleybank.com

Notices and Communication

Except as expressly provided otherwise in this Agreement, we will provide you notices and other information regarding your Account or Online Banking (collectively "Account Related Information") through mail, electronically, or by other means available.  This information will be sent to the postal or e-mail address of the owner of the applicable Account as reflected in our records, unless a different postal or electronic address has been specified in accordance with procedures we may establish from time to time.  The address may be an e-mail address, other Internet address, text messaging number, or other electronic access address provided to us in accordance with this Agreement.  Any Account Related Information will be deemed to have been sent on the first Business Day following the date on it. Account Related Information that is held for pick-up or posted on our Website will be deemed to be delivered to, and received by, you at the time that we make it available for pick-up, display it to you, or send notice in accordance with this Agreement that it is posted on our Website, as applicable.  The person receiving the notice is responsible for providing copies of all Account Related Information to all joint owners or Authorized Representatives.  We reserve the right at all times to communicate all Account Related Information to you through the U.S. Postal Online Banking or overnight courier, at our sole option.

Unless otherwise required by applicable law, if we are required to provide you with information in writing, we may, at our option, send it electronically either:

  • To your e-mail address,
  • By posting the information on our Website or to your online banking secure mailbox and sending a notice to your postal address or e-mail address (either separately or as part of an account statement) telling you that the information is available online.

Terms and Conditions of the Bill Payment Service

Service Definitions

  • "Service" or "The Service" means the bill payment service offered by Eagle Valley Bank N.A., through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc .
  • "Agreement" means these terms and conditions of the bill payment service.
  • "Customer Service" means the Customer Service department of Eagle Valley Bank N.A.  Please see the Errors and Questions section below for Customer Service contact information.
  • "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
  • "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
  • "Payment Account" is the checking account from which bill payments will be debited.
  • "Billing Account" is the checking account from which all Service fees will be automatically debited.
  • "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
  • "Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
  • "Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
  • "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

The Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

Payment Authorization and Payment Remittance

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Methods

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

Stop Payment Requests

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

Prohibited Payments

Payments to Billers outside of the United States or its territories are prohibited through the Service.

Exception Payments

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

Bill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

Exclusions of Warranties

The service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 855-818-9412 during Customer Service hours.

Your Liability for Unauthorized Transfers

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

Errors and Questions

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

    1. Telephone us at 855-818-9412 during Customer Service hours;
    2. Contact us by using the application's e-messaging feature; and/or,
    3. Write us at: Eagle Valley Bank N.A., 2501 Hanley Road, Suite B100, Hudson, WI 54016

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  • Tell us your name and Service account number;
  • Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

Service Fees and Additional Charges

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Failed or Returned Transactions

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

Address or Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, please contact Customer Service via one of the following:

Telephone us at 855-818-9412 during Customer Service hours; or,Write us at:

Eagle Valley Bank N.A.
2501 Hanley Road
Suite B100
Hudson, WI 54016

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Biller Limitation

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

Returned Payments

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

Information Authorization

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

Disputes

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

Assignment

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.  To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

The foregoing shall constitute the service's entire liability and your exclusive remedy. In no event shall the service be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and/or the service.

Terms of Use Account-to-Account ("A2A")SM Transfer Service

Last updated November 3, 2011.

      1. Introduction. This Terms of Use document (hereinafter "Agreement") is a contract between Eagle Valley Bank N.A. (hereinafter "we" or "us") and you (hereinafter "you") in connection with the A2A Transfer Service (the "Service") offered through our online banking site (the "Site"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.
      2. Service Providers. We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. "Service Provider" and certain other terms are defined in a "Definitions" section at the end of this Agreement.
      3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service's more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.
      4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).
      5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
      6. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 27 below. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
      7. Calls to You. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you've requested through the Service.
      8. Receipts and Transaction History. You may view at least six months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
      9. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
      10. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors.
      11. Acceptable Use. You may use the Service to transfer funds as described in section 12 below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 27 below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.
      12. Transfer Authorization and Processing. (a) The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States. (b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below in Section 18 (Service Fees and Additional Charges). You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds. (c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
        1. If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
        2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
        3. The transfer is refused as described in section 14 below;
        4. You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,
        5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. (d) It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
      13. Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.
      14. Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
      15. Stop Payment Requests. If you as a Sender desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to section 27. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
      16. Your Liability For Unauthorized Transfers. If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
      17. Taxes. It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.
      18. Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
      19. Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that: (a) You will reimburse us immediately upon demand the transfer amount that has been returned to us; (b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; (c) You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit; (d) You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and, (e) We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
      20. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting customer care for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service's help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.
      21. Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
      22. Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.
      23. Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
      24. Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 855-818-9412 during customer care hours; and/or write us at: Eagle Valley Bank N.A., 2501 Hanley Road, Suite B100, Hudson, WI 54016. Any transfer(s) we have already processed before the requested cancellation date will be completed by us.
      25. Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
      26. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You and we agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
      27. Errors, Questions, and Complaints. (a) Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to: Eagle Valley Bank N.A., 2501 Hanley Road, Suite B100, Hudson, WI 54016.
      28. In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 855-818-9412 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at Eagle Valley Bank N.A., 2501 Hanley Road, Suite B100, Hudson, WI 54016. (b) If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must:
        1. Tell us your name;
        2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
        3. Tell us the dollar amount of the suspected error. (c) If you notify us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
      29. Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third party beneficiary arising under or relating to this Agreement.
      30. Waiver of Class Action Claims. Both parties agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Agreement as a class action.
      31. Arbitration. Both parties agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any Service Provider or other intended third party beneficiary arising under or relating to this Agreement through binding arbitration. Both parties stipulate and agree that this Agreement evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows: a. We and you expressly agree that under no circumstances shall any dispute or claim arising under or relating to this Agreement be subject to arbitration on a classwide or collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or you may, at the option of the claiming party, pursue any claim in small claims court instead of arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the small claims court, whichever is less; and the small claims court must otherwise have jurisdiction of the claim and the parties.
      32. Arbitration Procedure. You or we may commence arbitration, at the claiming party's election, administered either by JAMS (formerly known as "Judicial Arbitration and Mediation Services"), or the American Arbitration Association ("AAA"). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. a. You may, if you wish, commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii) the JAMS "minimum standards" for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. b. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If the claiming party selects non-appearance-based arbitration, the parties agree that the following rules shall apply: (i) the arbitration may be conducted telephonically, and/or online, or be based solely on written submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall not require any travel or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) discovery shall not be permitted. c. When we or you (whoever is the party commencing arbitration) do not select non-appearance-based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. d. Neither we nor you shall seek any award of attorney's fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Agreement, in any arbitration claim arising under or relating to this Agreement, except that the arbitrator may award attorney's fees when (and only to the extent that) the applicable law requires an award of attorney's fees to the prevailing party.
      33. Arbitrability Issues to Be Decided By Arbitrator. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
      34. Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under section 31 above) must be resolved by a court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
      35. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
      36. Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by ? 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to ? 1542 of the California Civil Code.
      37. No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
      38. Intellectual Property. All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
      39. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
      40. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 27 above. See also section 16 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
      41. Exclusions of warranties. The site and service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
      42. Limitation of Liability. You acknowledge and agree that from time to time, the service or site may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or service providers or the officers, directors, agents, employees, representatives, and contractors of each of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court or arbitration proceeding as described in sections 31, 32 and 33 above within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. The aggregate liability of us and our affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, to you and any third party for any and all claims or obligations relating to the service and the portion of the site through which the service is offered and this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, for the service and the portion of the site through which the service is offered.
      43. Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
      44. Definitions.
        1. "Account" means a checking, money market or savings account.
        2. "Affiliates" mean companies related by common ownership or control.
        3. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
        4. "Recipient Account" is the account to which your funds will be credited.
        5. "Sender" means the Transaction Account holder initiating a transfer through the Service.
        6. "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.
        7. "Site" means the online banking website through which the Service is offered.
        8. "Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.
        9. "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

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