I. GENERAL INSTRUCTIONS -
FAIRFIELD FEDERAL SAVINGS AND LOAN
Internet
Banking and Bill Payment Agreement.
A. Our
Services
Our Internet Banking services have two features: General
Internet Banking and Internet Bill Payment. General Internet Banking
is always included in Our Internet Banking services, but Internet
Bill Payment is included only if You elect Internet Bill Payment in
Your Internet Banking application that is completed as part of the
registration process.
B. General Internet Banking
General
Internet Banking can be used to (1) make transfers of funds among
Your accounts with Us as long as Your Internet Banking application
designates the accounts from which and into which the transfer can
be made; (2) obtain available information concerning any of Your
accounts and transactions involving any of Your accounts.
C.
Internet Bill Payment
Internet Bill Payment can be used by You
(1) to give orders to Us to make change or cancel various types of
payments from a designated account to designated Payees and (2) to
request available information from Us concerning payments from this
account made through Internet Bill Payment.
D. Internet
Banking Access
In order to use Internet Banking You must have an
Internet Service Provider, an e-mail address, and a web browser that
supports the level of encryption employed by Us. We may change these
requirements from time to time. We recommend that you have a modem
or other connection that is at least 28.8 kps or faster to use Our
Internet Banking services. We cannot provide Internet Banking
services to You unless You have a mailing address in the United
States. Internet Banking may be unavailable from time to time for
scheduled maintenance. There may also be unscheduled downtime, but
We will try to minimize any interruptions in service.
E. Next
Steps
To proceed to the Internet Banking registration page, You
must indicate that You have read and accepted this Agreement. This
can be done only on the last page of this Agreement. You can access
and use the Internet Banking services only if You have successfully
completed the registration process.
This Agreement contains important information for
Your reference. If You accept this Agreement, You should print or
save this information for Your records.
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II. INTERNET BANKING SERVICE
AGREEMENT
This Agreement between You and Fairfield
Federal Savings and Loan Association governs the use of Internet
Banking. These services permit Fairfield Federal Savings and Loan
Association customers to perform a number of banking functions on
accounts linked to the service through the use of a personal
computer. This Agreement may be individual or joint.
When You use
any of the Internet Banking services described in this Agreement, or
authorize others to use them, You agree to the terms and conditions
of this entire Agreement.
Your use of Internet Banking services may also be
affected by the agreements between You and Us for Your deposit,
credit card, debit card, automated teller machine card, and other
linked accounts. When You link an account to Internet Banking
services, You do not change the agreements You already have with Us
for that account. For example, when You use Internet Banking
services to access a checking account, You do so under the terms and
conditions We gave You in the account agreement and disclosure for
the checking account. You should review those agreements for any
applicable fees, for limitations on the number of transactions You
can make, and for other restrictions that might impact Your use of
an account with Internet Banking services.
In this Agreement:
· "You," "Your," and "Yours" mean each person who
signs an application for Internet Banking services and who is
assigned an Internet Banking User ID and Password by Us. The terms
may also refer, as the context requires, to any person whom You have
authorized to use Your Internet Banking User ID and Password even
though that person has not signed an application for Internet
Banking services and has not been assigned an Internet Banking User
ID and Password by Us.
.
· "We", "Us," "Our" and "Ours" mean
Fairfield Federal Savings and Loan Association, Lancaster, Ohio and
any agent, independent contractor, designee, or assignee that
Fairfield Federal Savings and Loan Association may, in its sole
discretion, involve in the provision of Internet Banking.
.
·
To "enable" Your account(s) means to enable You to obtain
information and perform transactions that We make available for Your
Qualified Accounts over the Internet by use of a personal computer,
modem, or other means of connectivity.
.
· "Qualified Account"
means any account of Yours with Us that is eligible to be linked to
the Internet Banking Service and that You have chosen to link. There
are limits to the number of Qualified Accounts to which Our Internet
Banking services may apply.
.
· "Payee" means a person to
which You authorize a bill payment to be made. A Payee can be a
individual or a business or other organization.
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III. CHANGING TERMS;
TERMINATION AND SUSPENSION
We have the right to
terminate this Agreement at any time, including Your access to any
of the Internet Banking services, in whole or in part. We will
ordinarily send You notice of any termination, but We are not
required to do so unless applicable law requires such notice. Once
We terminate this Agreement, no further bill payments or transfers
will be made. Termination of this Agreement or a service You use
does not affect Your payment obligations for services We provided to
You before the service was terminated.
We also reserve the
right to suspend or terminate Internet Banking services entirely at
any time. We will send You notice of any suspension termination as
required by applicable law. Once We have suspended or terminated
Internet Banking services, no further transactions will be effected
by means of those services. Termination or suspension of Internet
banking services does not affect Your payment obligations for
services We provided to You before the suspension or termination of
Internet Banking services was effective.
We have the right to make changes in this Agreement
at any time. For example, We may add, delete, change, or amend
terms, services, or fees. If You maintain Your Internet Banking
services after the effective date of a change, You indicate Your
agreement with the change regardless of whether You have had actual
notice of that change. We will comply with any notice requirements
under applicable law for such changes. If applicable law does not
specify any notice requirements for the change, We will decide what
kind of notice (if any) We will give You and the method of providing
any such notice.
You may terminate this Agreement at any time by
notifying Us in writing in the manner specified in Section XIX B.
However any transfers or bill payments You have scheduled will
continue until We receive the written notice and have had a
reasonable opportunity to cancel Your Internet Banking
account.
Unless We have otherwise agreed to do so, We have no
obligation to provide notice regarding any action of Ours that is
described in this Section to any person whom You have authorized to
use Your Internet Banking User ID and Password even though that
person has not signed an application for Internet Banking services
and has not been assigned an Internet Banking User ID and Password
by Us.
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IV. JOINT
ACCOUNTS
If any of the accounts to or from which You
can perform Internet Banking transactions is joint, each of You is
jointly and severally obligated under this Agreement. Each of You to
whom We enable an Internet Banking account acting alone may perform
transactions, obtain information, terminate this Agreement, allow
one or more other persons to access Qualified Accounts if You
provide them with Your User ID and Password, or otherwise transact
business, take actions or perform under this Agreement. We are not
required to obtain the consent of, or notify, any other of You with
respect to any such matters.
Each of You individually releases Us
from any liability and agrees not to make any claim or bring any
action against Us for honoring or allowing any access, actions or
transactions where the person performing the access, action or
transaction is one of You or is otherwise authorized by You to
access Qualified Accounts. Each of You agree to indemnify Us and
hold Us harmless from and against any and all liability (including
but not limited to attorney fees) arising from any such claims or
actions.
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V. CUSTOMER IDENTIFICATION AND
PASSWORDS
A. General
To
access Our Internet Banking service, You must use a User ID, of Your
choice, and a Password. When You apply online and Your application
is accepted, We will assign You a initial Password. You must
change the initial Password the first time You access Your account.
Keep Your User ID and Password confidential to prevent unauthorized
use and loss to Your account(s). Anyone to whom You give Your User
ID and Password or other means of access will have full access to
Your accounts even if You attempt to limit that person's authority.
For reasons of security, We can limit, suspend or cancel the
effectiveness of Your User ID or Password at any time without giving
You any notice that the such action is going to
occur.
B. Agreements About Your User ID and
Password
You agree to: 1) keep Your User ID and Password
secure and strictly confidential; 2) instruct each person to whom
You give Your User ID and Password that he or she is not to disclose
it to any unauthorized person; and 3) immediately notify Us and
select a new Password if You believe Your User ID or Password may
have become known to an unauthorized person.
C. Use
of Your Password
You should choose a Password that
you can remember easily since Your access to Internet Banking
services will be interrupted if You forget Your Password. In
addition, an excessive number of attempts to log on using the wrong
User ID or Password will result in Your being locked out. If You
forget Your Password, You must contact Us to obtain a new Password
and it may take several business days before You receive it in the
mail. Please contact Us using one of the methods specified in
Section XIX B.
D. Things You Can Do To Protect Your
Account
· Don't share Your Password with anyone.
· Don't store Your Password in a conspicuous place.
· Exit
from the Internet Banking service when You are finished using it.
· Don't leave Your computer while logged on to Internet
Banking.
· Use anti-virus software to keep Your computer free of
viruses.
· Review and reconcile Your account activity on a
regular and timely basis.
· Clear Your web browser's cache on a
regular basis in order to remove copies of Web pages that may be
stored temporarily on Your system.
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VI. INTERNET BANKING
CHECKING ACCOUNT
You must designate a qualified
checking account with Us to use for Internet Banking Bill Payment.
You may not designate any account that requires more than one
signature for withdrawals. You must be an owner of the account or a
person who has authority to withdraw from the
account.
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VII. DESIGNATING PAYEES FOR
BILL PAYMENT SERVICE
You must designate the Payees
that You want to be able to pay when You use Our Bill Payment
service. You can designate Us as a Payee so that You can
conveniently make payments on Your mortgage or any other loans with
Us by direct internal transfer. We have the right to refuse to allow
You to designate any particular Payee or class of Payees.
You
will have to provide Us an account number and address for the Payee
so that Your payments can be properly credited. The Payee's account
must be with a financial institution in the United States and the
Payee's mailing address must be in the United States. If the Payee's
account number or mailing address changes, You must provide the
correct updated information. We have no responsibility to maintain
up to date account numbers and mailing addresses of Your Payees.
Any obligations that You wish to pay through
Internet Banking with Bill Payment services must be payable in U.S.
dollars.
You cannot use the Bill Payment service to
make:
Federal, state, and local tax
payments
Court-ordered payments
Payments to settle securities
transactions.
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VIII. INTERNET BILL
PAYMENT TRANSACTIONS
You, or someone You have
authorized by giving them Your User ID and Password can perform the
following transactions:
· Make individual payments or authorize recurring
payments from the qualified checking account.
· Make individual
transfers of funds or authorize recurring transfers of funds between
Qualified Accounts.
· Obtain information about Qualified
Account.
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IX. WHEN INTERNET BANKING
BILL PAYMENT AND TRANSFERS ARE MADE
Internet Banking
transfers between accounts at Fairfield Federal Savings and Loan
Association are posted to the accounts and effective when the
transaction is submitted to Our system for processing. See Section
XI regarding Business Days.
Information You obtain from Internet
Banking about Your account will not reflect transactions that have
not yet been posted to Your account. The balance information shown
by Internet Banking for Your account is the available balance.
Payments and transfers can be scheduled in advance
for future dates as one time transactions or as recurring
transactions at regular weekly, bi-weekly, monthly, quarterly,
semi-annual or annual intervals. Payments and transfers can be
scheduled from checking accounts. Payments entered in the system
will be scheduled and processed the next business day. Payments and
transfers scheduled for future dates and payments and transfers
scheduled as recurring will be processed on the same business day
they are scheduled. Payments and transfers scheduled for future
dates and recurring payments and transfers for which any scheduled
date falls on a Saturday, Sunday, or bank holiday will be processed
the next business day. For Internet Banking, the business days are
Monday through Friday, excluding bank holidays.
Payments You make through the Internet Banking
service are processed in one of two ways:
ELECTRONIC TRANSMISSION
Bank
Check-Payments are made with a bank check to Your designated
Payee.
When You enter a payment or transfer request, You
enter the date You want the payment or transfer to be processed. The
payment amount will be deducted from Your checking account on the
processing date. The transfer will also be deducted from the account
You designate on the processing date. You should allow at least five
(5) business days between the business date You schedule for the
payment to be initiated and the payment due date. You must allow
sufficient time for the Payee to receive the payment and process it
before the actual payment due date. If You do not, You will be fully
responsible for all late fees, finance charges, or other action
taken by the Payee.
Funds must be available in Your checking account or
other designated account on the scheduled payment or transfer
processing date.
Transfers can be made for any amount between $0.01
and $9,999.00
Payments can be made for any amount between $10.01
and $9,999.00.
You agree that You will make a withdrawal only when
a sufficient balance is available in Your account at the time of
withdrawal. If Our records show that You do not have a sufficient
balance, the transaction will not be completed. It may happen that
more than one transaction is scheduled for the same day regarding
Your accounts, including one-time or recurring bill payments and
transfers to and from Your accounts. These transactions may occur
through Internet Banking, automatic deposit, mail, physical
transactions at Our offices, and otherwise. We will in our sole
discretion determine the order in which these transactions are
processed. You cannot control the order in which these transactions
are processed. Therefore, if, at any point in the processing, Your
checking or other account does not contain sufficient available
funds (including any available overdraft credit) to complete all of
these transactions, any one or more of these transactions may not be
completed.
We are under no obligation to notify You if We do
not complete a bill payment or transfer because there are
insufficient funds in the account to process the transaction. In all
cases You are responsible for making alternate payment or transfer
arrangements or rescheduling the bill payment or transfer through
the Internet Banking service.
You cannot cancel a payment or transfer after it
has been entered in Internet Banking and the information has been
transmitted to Us. You can use Internet Banking to restore an
incorrect transfer to Your account.
In order to cancel future dated payments or
transfers established through Internet Banking, You must log on to
Internet Banking and follow the directions provided on the Bill
Payment screen. A help section is provided for questions concerning
the cancellation. If the payment or transfer status is shown as
"processed", You can no longer cancel the transaction. You can
cancel future dated payments or transfers established through
Internet Banking ONLY BY USE OF INTERNET BANKING. You may also
request to cancel a future payment or transfer by calling US at
866-737-6733 or 800-650-0987 or writing US at the address given in
Section XIX B.
We must receive your request three (3) business
days or more before the transaction is scheduled for processing. If
You call, We may also require You to put Your request in writing and
get it to US within fourteen (14) days after You call.
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X. OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR
TRANSFERS
If We do not complete a payment or
transfer in the correct amount or on time, We will pay any late fees
or finance charges that You reasonably incurred as a result.
However, there are exceptions. We will not be liable:
1. If, through no fault of Ours, You do not have
enough available money in the account from which a payment or
transfer is to be made, or if the account has been closed, or if We
reverse a payment or transfer because of insufficient funds
2. If
Your equipment or Ours was not working properly and the breakdown
should have been apparent to You when You attempted to conduct the
transaction.
3. If You have not provided correct account and
address information and the transaction cannot be completed.
4.
If You receive a notice from a Payee that any payment You have made
remains unpaid or has not been completed, and You fail to notify Us
promptly of the fact.
5. If a Payee does not process Your payment
promptly or correctly or otherwise mishandles it.
6. If the money
in the account from which a payment or transfer is to be made is
subject to a legal process or claim restricting the
transaction.
7. If We do not, or a Payee does not, receive funds
or notices or other information related to Our Internet Banking
services as a result of mail that is lost or delayed due to actions
of the US Postal Service or any delivery service not under our
control.
8. If circumstances beyond Our control prevent, delay,
or alter the transaction, despite reasonable precautions that have
been taken by Us.
9. If the payment or transfer would go over the
credit limit on Your overdraft line, if applicable.
10. If Your
computer system, its modem and/or related operating systems and
software are not working properly, including problems caused by the
presence of a computer virus, and such failure to work properly is
the substantial cause of the failure to complete the
transaction.
11. If Your Internet Service Provider is not working
properly, including problems caused by the presence of a computer
virus and such failure to work properly is the substantial cause of
the failure to complete the transaction.
12. If there is any
loss, damage or injury resulting from (i) an interruption in Your
electrical power or telephone service (ii) the disconnecting of Your
telephone line by Your local telephone company or from deficiencies
in Your line quality; or (iii) any defect or malfunction of Your
computer, modem or telephone line.
13. If You are trying to
defraud us.
14. If We are otherwise exempted from liability under
applicable laws and regulations.
The above are just some examples
where We would not be liable and is not intended to list all such
circumstances
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XI. BUSINESS DAYS
Our Internet Banking
services are generally available 24 hours a day, 7 days a week.
However, We process transactions only on business days. Our business
days for Internet Banking are Monday through Friday. Holidays are
not included. Bill Payment transactions that are scheduled to be
completed on a Saturday, Sunday, or a bank holiday will be processed
on the next business day.
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XII. STATEMENTS AND ACCOUNT
INFORMATION
Your Internet Banking payments and
transfers will be indicated on Your monthly statements. You may also
print Your statement and view account information while visiting the
Internet Banking site.
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XIII. FEES
We do not charge a set-up
or other fee for establishing Internet Banking. There is no charge
for Internet access other than the charges normally charged by Your
Internet Service Provider.
Bill Payment and transfer fees are
free. Fee amounts are subject to change at any time, in accordance
with Section III.
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XIV. NO CONTACT BY
FAIRFIELD FEDERAL SAVINGS AND LOAN ASSOCIATION
No
employee of Fairfield Federal Savings and Loan Association or any
company affiliated with Fairfield Federal Savings and Loan
Association will contact You by email or by telephone requesting
Your User ID and Password. If You are contacted by anyone requesting
this information, please contact Us immediately. We encourage You to
contact Us by telephone at 1-866-737-6733 or
1-800-650-0987.
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XV. PRIVACY AND
SECURITY
We do not disclose Your personal financial
information to anyone without Your permission, except as permitted
or required by law. For additional information, please refer to our
Privacy Policy.
Our Internet Banking service is designed to
safeguard Your online banking transactions from unauthorized use. In
addition to the security provided by Your User ID and Password, Your
Internet Banking information is encrypted in transmission and
"firewalls" protect the computers that process Your Internet Banking
transactions. We also have policies that restrict access to Your
account information to those who need it to support you as a
customer. Encryption is a method of scrambling Your transaction
information, including Your User ID and Password, so that it is very
hard for others to read. The information You enter is decrypted
(unscrambled) only when it reaches Our Internet Banking
system.
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XVI. YOUR
LIABILITY
You are liable for all transactions that
You make or any person You authorize makes.
We urge You to act
with great caution in giving Your User ID and Password to another
person and authorizing that person to use it. That person will have
full access to Your Qualified Accounts, will be able to obtain
information concerning Your Qualified Accounts, and will be able to
effect payments and transfers from those accounts as though that
person were You, even if You have not authorized that person to do
so. We have no way to know whether a person who has Your User ID and
Password also has Your authorization to use it.
If You have given someone Your User ID and Password
and have authorized that person to use it and you wish to change
that authorization You will have to change Your User ID and
Password.
If You believe Your Internet Banking User ID and
Password have been lost or stolen, and You tell Us within 2 business
days after You learn of the loss or theft, You can lose no more than
$50.00 if someone used them without Your authority.If You do NOT
tell Us within 2 business days after You learn of the theft or loss
of Your Internet banking User ID and Password and We prove that We
could have stopped someone from using them without Your authority if
You had told Us, You could lose as much as $500.00.
Also, if Your statement shows payments or transfers
covered by this Agreement that You do not make or authorize, tell Us
at once. If You do not tell Us within 60 days after the statement
was mailed to You, You may not get back any money lost after the 60
days if We can prove that We could have stopped someone from taking
the money if You had told Us in time.
If a good reason (such as a long trip or a hospital
stay) kept You from telling Us, We may extend the time periods.
If We complete a payment or transfer that You make
or authorize and We subsequently learn that You have insufficient
funds for the transaction, You agree that We may reverse the
transaction or offset the shortage of funds from any account You
have with Us. In any case, You are fully obligated to Us to provide
sufficient funds for any payments or transfers You make or
authorize.
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XVII. UNAUTHORIZED
TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING
CUSTOMER IDENTIFICATION NAME/NUMBER AND PASSWORD.
If You believe Your Internet banking User ID and
Password have been loss or stolen or that someone has used them
without Your authorization, call Us immediately at 1-800-650-0987 or
1-740-653-3863 or write to Us at the address specified in Section
XIX B.
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XVIII. IN CASE OF ERRORS
OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS
AGREEMENT
Call Us at 1-800-650-0987 or 1-740-653-3863 or
write Us at the address specified in Section XIX B as soon as You
can, if You think Your statement is wrong or if You need more
information about a transfer or payment covered by this Agreement,
which is listed on the statement. You can also contact Us by e-mail
at fairfed@fairfieldfederal.com.
We must hear from You no later
than 60 days after We sent the FIRST statement on which the problem
or error appeared.
1. Tell Us Your name and account number.
2.
Describe the error, payment, or transfer You are unsure about, and
explain as clearly as You can why You believe it is in error and why
You need more information.
3. Tell Us the dollar amount of the
suspected error.
If You tell Us orally, We may require that You
send Us Your complaint or question in writing or by e-mail so that
We receive it within 10 business days. We will tell You the results
of our investigation within 10 business days after We hear from You
and will correct any error promptly. If We need more time, however,
We may take up to 45 days to investigate Your complaint or question.
If We decide to do this, We will provisionally credit Your account
within 10 business days for the amount You think is in error, so
that You will have the use of the money during the time it takes Us
to complete our investigation. If We ask You to put Your complaint
or question in writing and We do not receive it within 10 business
days, We are not required to provisionally credit Your account.
When the investigation is completed, We will make
any necessary or appropriate adjustments to Your account. We will
tell You the results within 3 business days after completing our
investigation. If We decide that there was no error or the error was
different than You described, We will send You a written
explanation. You may ask for copies of the documents that We used in
our investigation.
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XIX. GENERAL
PROVISIONS
A. Changes to a Service
You may request Us at any time to change the
processing instructions for any Internet Banking services. We are
not obligated to implement any requested changes until We have had a
reasonable opportunity to act upon them. In making changes, We are
entitled to rely on requests purporting to be from You. For certain
changes, We may require that Your requests be in writing, in a form
and manner acceptable to Us, or be from an authorized person You
designate. In addition, certain requests for changes may be subject
to Our approval.
B. Communications
Any written notice or other written communication
to be given to Us under the terms of this Agreement may be addressed
to Us at:
Fairfield Federal Savings and Loan
Association
P.O. Box 728
111 E. Main Street.
Lancaster, OH
43130-0728
Please note other provisions of this Agreement that
encourage You to be in contact with Us using more expeditious means
in other circumstances or indicate that communication by e-mail will
be effective. You can contact Us by e-mail
at
fairfed@fairfieldfederal.com.
Any written notice or other written communication
to be given to You under the terms of this Agreement will be
addressed to You at the applicable address specified on Your
Application. Notices are effective upon receipt, except as otherwise
provided in this Agreement. You agree that We may electronically
monitor and/or record any telephone communications with You as
permitted by law. If our records about any such communication are
different from Yours, our records will govern.
C. Entire Agreement
Except for any agreement between You and Us
concerning any deposit account, loan account or transfer of funds,
this Agreement constitutes and represents the entire agreement
between You and Us regarding the Internet Banking services that We
provide to You and supersedes and extinguishes all prior agreements,
understandings, representations, warranties and arrangements of any
nature, whether oral or written, between You and Us relating to such
services. This Agreement will be controlling in the event of any
conflict between it and any other document or written or oral
statement. Please note that the Terms & Conditions of Use that
govern the use of the general portions of our Website.
This Agreement is not for the benefit of any other
person, and no other person has any right under this Agreement
against You or Us, and nothing contained in this Agreement creates
any agency, fiduciary, joint venture or partnership relationship
between You and Us.
D. General Obligations
We are responsible only for performing the Internet
Banking Services expressly provided for in this Agreement.
We may contract with one or more outside vendors in
providing any of part of the Internet Banking services. The
instructions and disclosures provided by any outside vendors are the
responsibility of those vendors and not Ours. The vendors may
provide these instructions and disclosures to You by postal mail, by
e-mail; by text, links or demonstrations on their websites; by
telephone or facsimile transmission through service centers; or
otherwise. We encourage You to let Us know if You believe that any
instruction or disclosure You have received from an outside vendor
is inadequate in any way.
You are responsible for maintaining the security of
Your data. We are not responsible for Your loss of Your data.
E. Severability, No Waiver
If any provision of this Agreement or the
application of any such provision to any person or set of
circumstances is determined to be invalid, unlawful, void or
unenforceable to any extent, the remainder of this Agreement, and
the application of such provision to persons or circumstances other
than those as to which it is determined to be invalid, unlawful,
void or unenforceable, are not impaired or otherwise affected and
continue to be valid and enforceable to the fullest extent permitted
by law.
No delay or failure to exercise any right or remedy
that We may have under this Agreement will be deemed to be a waiver
of such right or remedy. No waiver of a single breach or default
under this Agreement is a waiver of any other breach or default. Any
waiver under this Agreement must be in writing.
F. Governing Law
This Agreement is governed by and interpreted
according to (1) the law of the State of Ohio, without reference to
the principles of conflicts of law and of such state and (2) to the
extent applicable, U.S. Federal law. Your existing account
relationships continue to be governed by and interpreted in the
accordance with the law as disclosed in the agreement relating to
those accounts.
G. Computer Equipment and
Software
The installation, maintenance, operation and use of
the computer, related equipment (for example, modem, telephone and
other telecommunications equipment) and software You use for
Internet Banking services are Your responsibility. EXCEPT AS
OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR TO THE EXTENT
APPLICABLE LAW REQUIRES A DIFFERENT STANDARD, WE WILL NOT BE
RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY OR DAMAGE (WHETHER
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) IN ANY WAY
ARISING OUT OF (1) ANY FAILURE OR MALFUNCTION OF, OR ANY COMPROMISE
OF DATA SENT TO US USING, ANY TELEPHONE, INTERNET ACCESS OR OTHER
SERVICE YOU USE TO CONNECT TO INTERNET BANKING, (2) ANY VIRUS OR
SIMILAR PROBLEM RESULTING FROM THE USE OF INTERNET BANKING, OR (C)
ANY ERROR IN THE INSTALLATION, MAINTENANCE, OPERATION OR USE, OR ANY
CONFIGURATION PROBLEM OR INCOMPATIBILITY, OF SUCH COMPUTER, RELATED
EQUIPMENT OR SOFTWARE.
H. Further Limitation of Liabilities; Force
Majeure
The limitations on Our liability stated in this
Paragraph are in addition to any such limitations stated elsewhere
in this Agreement.
We are liable to You only for actual damages
incurred as a direct result of Our failure to exercise reasonable
care in providing the Internet Banking services. While an outside
vendor may be liable for a failure on its part to exercise
reasonable care in providing services, in no event will We be
responsible for an outside vendor's liability.
In no event will We be liable for any indirect,
consequential or punitive loss, damage, cost or expense of any
nature (even if advised of the possibility of such loss, damage,
cost or expense), including, without limitation, any economic loss
or damage, expense and loss of business, profits or revenue,
goodwill and anticipated savings, loss of or corruption to Your
data, loss of operation time or loss of contracts.
We will not be responsible for the acts or
omissions of You or Your agents (including but not limited to the
amount, accuracy, timeliness or authorization of any instructions or
information from You) or the acts or omissions of any other person
or entity, including but not limited to any clearing house
association or processor, any U.S. Federal Reserve Bank or Federal
Home Loan Bank, any other financial institution or any supplier, and
no such person or entity will be deemed our agent.
We will not be liable for, and will be excused
from, any failure or delay in performing Our obligations for any
Internet Banking service if such failure or delay is caused by
circumstances beyond Our control, including any natural disaster
(such as
earthquakes or floods), emergency conditions (such as
war, riot, fire, theft or labor dispute), legal constraint or
governmental action or inaction, breakdown or failure of equipment,
breakdown of any supplier, or Your act, omission, negligence or
fault.
We also will not be liable for any failure to act
on Our part if We reasonably believed that Our action would have
violated any law, rule or regulation.
Signature Page
IF YOU WISH TO ACCEPT ALL THE TERMS AND CONDITIONS
OF THE AGREEMENT SET FORTH IN THIS SCROLL BOX, PLEASE, CLICK ON THE
"I AGREE" FIELD AT THE BOTTOM OF THIS PAGE. BY
CLICKING ON THE "I AGREE" FIELD, YOU REPRESENT THAT:
· YOU
HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
· YOU ARE
AUTHORIZED TO LEGALLY SIGN AND BIND YOURSELF TO THIS
AGREEMENT
AFTER YOU HAVE CLICKED ON THE "I
AGREE" FIELD YOU WILL BE TAKEN TO THE FIRST SCREEN
OF THE REGISTRATION PROCESS.
The first screen of the
registration is the Application. This takes about 10 minutes to
complete.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS
OF THE AGREEMENT SET FORTH IN THIS SCROLL BOX, PLEASE CLICK ON THE
"I DO NOT AGREE" FIELD AT THE BOTTOM OF THE PAGE.
IF YOU CLICK ON THE "I DO NOT AGREE" FIELD, YOU WILL NOT BE ABLE TO
USE THE INTERNET BANKING SERVICES AND YOU WILL BE RETURNED TO THE
HOME PAGE.