Please read the following terms and conditions carefully. This Digital Banking Agreement and Disclosure (“Digital Banking Agreement”) contain terms and conditions governing use of digital banking services known as Digital Banking Services ("Digital Banking Services"). If I am using Digital Banking Services solely for business purposes, certain provisions of this Digita Banking Agreement will not apply to me because such provisions only apply to Timberline Bank’s (“Bank”) customers who establish accounts primarily for personal, family or household purposes ("Consumer Customers"). Digital Banking Services provides access to my Deposit Account(s), and any other Bank accounts via the Internet, and, for certain Digital Banking Services, via a Mobile Device that allows text messaging, or a mobile phone, mobile device, or wearable device equipped with an Internet web browser (see Section IV.C. below). This Digital Banking Agreement also includes certain disclosures required by the Electronic Funds Transfer Act ("Act") and Consumer Financial Protection Bureau (“Bureau”) Regulation E regarding Consumer Customer Deposit Accounts (see Section VI below). These Provisions apply to me if I am a Consumer Customer. By accepting this Digital Banking Agreement, I also understand I may be given an option to receive all the disclosures required pursuant to the Act or Regulation E in electronic form.
B. Review and Acceptance of Agreement
By utilizing Bank’s Digital Banking Services, I agree to the terms and conditions stated below and all terms, conditions and disclosures provided to me regarding these services and my Deposit Account(s). By maintaining my Deposit Account(s) with the Bank, I agree to these terms and conditions and accept them in full. These terms may be modified by Bank at the Bank’s discretion, and such notification disclosed to me. The Bank recommends that I print a copy of this Digital Banking Agreement for my records.
C. Commercial Access and Use of Digital Banking Services
If I am using Digital Banking Services for commercial purposes, Bank hereby grants to Company the non-transferable non-exclusive right to use Digital Banking Services to access account balance information and other financial data on a daily basis. An authorized signer for Company designated on its accounts maintained by Bank must accept this Digital Banking Agreement and may, at Company’s discretion, assign additional individuals (each an “Authorized User”)who are not authorized signers on Company’s accounts maintained by Bank but who may be able to access, use, and transact on such the Company’s accounts through Digital Banking Services. Company accepts, acting through one or more of its account authorized signers, responsibility for designating Authorized Users who can use Digital Banking Services and thereby access and transact on Company’s accounts maintained by Bank in accordance with the terms of this Digital Banking Agreement. Further, Company acknowledges and agrees that Authorized Users designated by Company, or Company’s account authorized signers, as having authority to use Digital Banking Services on behalf of Company and, with such designations, may be able to withdraw or transfer account funds between accounts owned by Company and other parties through Digital Banking Services. Company’s Authorized Users shall use Digital Banking Services under Company’s supervision and control. Company agrees that it shall be responsible for all Authorized Users’ compliance with the terms and conditions of this Digital Banking Agreement. Company agrees that Bank shall have no obligation to monitor any Authorized User’s access to and transactions on Company’s accounts, and Company shall (i) monitor any Authorized User’s access to and transactions on Company’s accounts, and (ii) indemnify and hold Bank harmless from any Authorized User’s access to and transactions on Company’s accounts. Bank shall be entitled to rely solely on authorization information provided by Company relating to Authorized Users, their designated authorized functions, and the accounts over which authority is granted. Company specifically acknowledges that it has no rights of ownership in Digital Banking Services.
D. Relation to Other Bank Agreements
My Deposit Account(s), Loan Account(s) or any other accounts accessed through Digital Banking Services continue to be governed by any applicable depository, loan, or other agreement. I understand that my execution of this Digital Banking Agreement does not alter any terms and conditions of other agreements governing my Bank accounts unless expressly altered herein. In addition, the use of Bank’s Site, as defined below, is governed by the "Terms and Conditions of Use" for the Site. The Bank Customer Privacy Policy Notice provides information required under the Bureau’s Regulation P concerning customer privacy, and I understand that Bank may initiate communications to me via mail, email, and short message service ("SMS") text messaging for any purpose within the limits of Bank’s Customer Privacy Policy Notice and this Digital Banking Agreement. I understand that these agreements and statements are available for my review at www.timberlinebank.com, and I acknowledge that I should read and understand these related agreements and statements before I use Digital Banking Services.
E. Compliance with all Laws
I AGREE NOT TO USE DIGITAL BANKING SERVICES TO INITIATE ANY TRANSACTIONS THAT VIOLATE ANY LAWS OF THE STATE OF COLORADO OR THE UNITED STATES. I understand that it is my responsibility to use Digital Banking Services in compliance with all applicable laws, rules and regulations, including, without limitation, any export controls, including, but not limited to my responsibility to comply with control by the United States of the export of products and information containing encryption technology. I acknowledge and agree that I must comply with such export control laws and I agree not to export or re-export any encryption technology related to or within Digital Banking Services to countries or persons prohibited under applicable law. By using the Digital Banking Services, I represent that I am not in a country where such export is prohibited. This paragraph shall not be construed to mean, and Bank hereby disclaims any such representation, that any content or use of the Digital Banking Services is appropriate or available for use in locations outside of the United States. Accessing the Digital Banking Services from locations where its contents or use is illegal is prohibited by Bank. If I choose to access the Digital Banking Services from locations outside the United States, I understand that I do so at my own risk and that I am responsible for compliance with any applicable local laws.
F. Definitions
In addition to those terms defined within the body of this Digital Banking Agreement, the terms listed below have defined meanings for the purposes of this Digital Banking Agreement:
"Account(s)" means the checking, savings, money market, certificates of deposit, and/or individual retirement accounts that I have established at Bank.
"Available Balance" means the balance in my Deposit Account after deducting (1) deposits that are not yet eligible for withdrawal under Bank’s funds availability rules, (2) debit card or other transactions that Bank is legally obligated to pay or has already paid out in cash, (3) other pending transactions such as Automated Clearing House ("ACH") transactions, (4) any funds that are subject to final payment, and (5) any holds on my Deposit Account, such as holds on funds to comply with court orders or other legal requirements.
"Bank" is the depository institution holding my accounts accessed and providing Digital Banking Services under this Agreement.
"Bill Payment Services," "Bill Payment," or "Payment(s)" means the digital or mobile services by which I direct Bank to debit my account(s) and transfer funds to a Payee.
"Business Day(s)" means any day excluding Saturday, Sunday and holidays on which banks located in the State of Colorado are closed for business.
"Check" means any written order to pay a specific amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. If a check is sent or returned as an electronic image or as a Substitute Check, it is still considered a check.
"Consumer Customer" means a natural person who establishes a Deposit, Loan or other Account primarily for personal, family, or household purposes.
“Company” means any person or Organization that establishes a Deposit, Loan, or other Account for purposes other than personal, family, or household purposes.
"Debit Card" refers to my Bank ATM Card, Personal Debit Card, Health Savings Account Debit Card, or Business Debit Card.
"Digital Deposits" refers to Bank services such as Mobile Deposit and Remote Deposit Capture (“RDC”).
"Deposit Account(s)" means the checking, savings, money market, certificates of deposit, and/or individual retirement accounts that I have established at Bank.
"Electronic Funds Transfer" or "Transfer" means any transfer of funds initiated through Digital Banking Services for the purpose of ordering, instructing, or authorizing Bank to debit or credit any of my Deposit Account(s).
"I," "me," "my," and "myself" refers to each Bank Account holder and to each person who uses Digital Banking Services for that account with the Account holder’s permission.
"Loan Account(s)" means any loan or line-of-credit accounts that I have with Bank.
"Mobile Banking Services" means the Digital Banking Service that allows me to perform certain Digital Banking Services via my Mobile Device.
"Mobile Device" means a mobile telephone, tablet, wearable device, or other mobile device capable of sending and receiving SMS text messages and/or accessing the Internet via a web browser.
"Digital Banking Services" means the digital banking services provided to customers by Bank as described in Section II.
"Payee" means any individual, business, or other entity that I designate for transfer of funds or Bill Payment, and who Bank accepts as Payee.
"Schedule" refers to any document specifying rates, fees or transaction limits pertaining to the Account in question, including, but not limited to, a Truth in Savings, Time Certificate of Deposit, Confirmation of Time Deposit, or any schedule setting forth Bank’s fees, limits, or both.
"Site" means the Bank’s website accessible at www.timberlinebank.com.
"Substitute Check" means a paper reproduction of an original check with an accurate, legible image of the front and back of the original check, and that conforms to standards established by the Federal Reserve Board.
"Transaction(s)" means any action I initiate, request or conduct using Digital Banking Services, including but not limited to any Electronic Funds Transfers.
Additional definitions regarding Digital Deposit terms are contained in Section V (Digital Deposits).
Digital Banking Services may include:
Browser support is subject to change without notice, so Bank encourages users to configure browsers for automatic updates. Use the latest version of your browser for the most secure experience in Digital Banking Services.
Any browser not listed in the following table should be considered unsupported by Bank.
|
Browser |
Windows |
macOS |
|
Google Chrome (Current and previous two major versions) |
Recommended |
Recommended |
|
Mozilla Firefox (Current and previous two major versions) |
Supported |
Supported |
|
Microsoft Edge (Current and previous two versions) |
Supported |
Unsupported |
|
Apple Safari (Current and previous two versions) |
Unsupported |
Supported |
Digital Mobile Banking System Requirements
Mobile Device and operating system (OS) requirements are subject to frequent change. For this reason, Bank does not list specific supported devices or OS versions in these Terms and Conditions. I may contact Bank to determine which devices and OS version are currently supported.
PDF Reader Requirements
Bank recommends the most recent version of Adobe Reader available for desktop and mobile devices. If I choose to use a third-party PDF application, Bank cannot guarantee documents will appear as intended.
B. Security and Passwords; Additional Security Issues Regarding Internet Email and Mobile Banking Communications
I am responsible for maintaining the confidentiality of my login credentials, passwords, Secure Access Codes (“SACs”), and any other security information used to access Digital Banking Services. I understand that the Bank will never request my password or SAC through email, text message, or any unsolicited communication.
I acknowledge that internet email and mobile communications may not be secure, and that information transmitted through these channels may be intercepted or accessed by unauthorized parties. By using these communication methods, I accept these risks and agree that the Bank is not responsible for any loss resulting from my use of unsecured electronic communication channels. I agree to indemnify and hold Bank harmless from any loss resulting from my use of unsecured electronic communication channels.
C. Digital Banking Services Hours and Availability
Digital Banking Services are generally available 24 hours a day, 365 days a year. Notwithstanding the foregoing, Bank may, at its sole discretion, temporarily limit or suspend access to any Digital Banking Service in order to perform system maintenance, implement updates or enhancements, address technical or security issues, or for any other operational reason. Bank will use reasonable efforts to minimize the duration and impact of such interruptions but makes no guarantee regarding the availability of Digital Banking Services and may perform maintenance with or without prior notice.
A. Bill Payment Services
Bill Payment Terms and Conditions are available by navigating to Bill Pay on the Site and selecting the Terms and Conditions link.
B. Optional E-Statement Delivery; Electronic Mail ("Email") Communications from Bank; Optional Email Services
I may elect to receive statements via electronic delivery by contacting the Bank and speaking with a Banking Specialist or enrolling via Digital Banking.
General Policy
The Bank’s policy is to make funds from checks I deposit available to me on the first Business Day after the day the Bank receives my deposit. Once the funds are available, I may withdraw them in cash, and the Bank may use them to pay checks or other transactions posting to my account.
Business Days
For purposes of determining the availability of my deposits, a Business Day is every day except Saturdays, Sundays, and holidays on which banks in the State of Colorado are closed for business.
Deposit Cutoff Times
A deposit I make before the applicable cutoff time on a Business Day the Bank is open will be considered deposited that same day. A deposit I make after the cutoff time, or on a day the Bank is not open, will be considered deposited on the next Business Day the Bank is open.
The Bank’s deposit cutoff times are:
Examples:
Longer Delays May Apply (Exception Holds)
The Bank may delay the availability of funds deposited by check into my account for any of the following reasons permitted under Regulation CC:
If the Bank delays my ability to withdraw funds for any of these reasons, the Bank will notify me and tell me when the funds will be available. In most cases, my funds will be available no later than the seventh Business Day after the day of my deposit.
B. Information Regarding Digital Deposits
Should I desire to utilize Digital Deposits, I must request such services from Bank either in person, via telephone or via the applicable Digital Banking Service. Depending on the type of Digital Deposits I request and depending on whether I am a business or consumer Account holder, I understand that I must have specialized equipment and access via the internet to Bank's (or Bank's third-party vendor's) server-based Processing Software or access via Bank's (or Bank's third-party vendor's) mobile device Processing Software. Such equipment and Processing Software is required to enable me to generate Electronic Checks of Original Checks that comply with applicable Standards.
I understand that Bank retains the ability to either approve or deny my use of Digital Deposits in Bank's sole and absolute discretion. If Bank approves me to use the Digital Deposits, then by using such services, I agree to the Provisions set forth in this Digital Banking Agreement, I agree to pay any fees that Bank may charge in conjunction with such Digital Deposits (as set forth in Bank's Fee Schedule) and I understand and agree that the meanings of the defined terms set forth in this section are applicable both to this Digital Banking Agreement and the Documentation (as defined below) made available to me by Bank for use with the Digital Deposits. If any capitalized term defined below is used in Federal Reserve Board's Regulation CC (Vol. 12 of the U.S. Code of Federal Regulations, part 229) promulgated to comply with Check 21, as it may be amended, substituted for, or recodified from time to time ("Reg. CC"), then such term generally shall have the meaning assigned to it in Reg. CC. To the extent that any of the defined terms in this Digital Banking Agreement or in the Documentation use a term not defined herein but otherwise defined in Reg. CC, then such definition also incorporates the meaning assigned to the applicable term as set forth in Reg. CC. To the extent that any term used by Bank in providing me the Digital Deposits is a term that is not used or defined in this Digital Banking Agreement or in the Documentation, I and Bank agree to such term commonly used with regard to remote deposit capture services shall have the meaning as defined in Reg. CC if such term is so defined.
All other capitalized terms used that are not otherwise defined in this Digital Banking Agreement or in the Documentation shall have the meaning given to such term in Article 3 or Article 4 of the Uniform Commercial Code (as amended from time to time ("UCC")) effective in Colorado as adopted in Colorado Revised Statutes §§ 4-3-101, et seq., and 4-4-101, et seq.. In addition, I acknowledge that the Electronic Check of the Original Check submitted to Bank shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code, as adopted in the UCC and codified in Colorado Revised Statutes §§ 4-4-101, et seq.
C. Customer Representations and Agreements; Indemnity
If I meet, in Bank’s sole discretion, the conditions it has established for use of Digital Deposits to make deposits via Electronic Checks, Bank will provide internet access to its computer network and accept for deposit to my Deposit Account(s) the Electronic Checks of Original Checks for collection as allowed under this Digital Banking Agreement and the Documentation. However, I agree that I will not use Digital Deposits to submit any of the following:
Such Electronic Checks shall be deemed received by Bank for deposit based upon time of receipt as well as successful receipt of Electronic Checks that are complete, usable, and adhere to the Standards. If any Electronic Check is not complete, is not usable, or does not adhere to the Standards, the Electronic Check may not be processed by Bank, in which event my deposit will be adjusted, and notification provided.
I authorize Bank to accept transfers, checks and other items for deposit to my Account if they are made payable to, or to the order of, any one or more of us, whether or not they are endorsed by us. All checks and other items deposited to my Account via Digital Deposit must be endorsed payable to the order of "TIMBERLINE BANK for Digital deposit only," followed by my signature and Account number. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the original check must also appear on the back of the Substitute Check.
While Bank may accept non-conforming endorsements, I will be responsible for any loss incurred by Bank due to the delay in processing or returning the item for payment. Bank may (but is not required to) refuse to accept a check or other item for deposit to my Account if 1) the check or other item is made payable to someone other than me or a joint Account holder with me, and 2) the check or other item is not endorsed to me or a joint Account holder with me. The Bank will not be liable to me for refusing such a deposit.
I understand Bank will process only my Electronic Checks that comply with the Standards and are Sufficient Image Copies, and Bank will use commercially reasonable efforts to present these Sufficient Image Copies for collection under the Check 21 framework. For information regarding Bank’s applicable depository cut-off times with regard to receipt of deposits via Digital Deposits, I should consult the Documentation made available to me for this purpose. The availability of funds for deposits via Digital Deposits is set forth in the Funds Availability Policy Disclosure section of this Digital Banking Agreement.
Should a Drawee Financial Institution return an item to Bank unpaid, the Bank will charge my respective Account for such returned item and may either (i) return the item to me, or (ii) re-present it to the Drawee Financial Institution before returning it to me. Items may be returned as Image Exchange Items, rather than Substitute Checks. Should a Drawee Financial Institution or other third party make a claim against the Bank or seek recredit with respect to any Electronic Check, Bank may provisionally freeze or hold aside a like amount in my Account pending investigation and resolution of the claim. Furthermore, I will be liable to the Bank for any loss incurred from the subsequent deposit of an original check that was deposited by me via Digital Deposit.
I agree that I will submit to Bank for deposit to my Account only Electronic Checks that are Sufficient Image Copies of Original Checks for deposit via Digital Deposits. No Electronic Check submitted by me to Bank represents an Original Check that has already been collected. I further agree that I will retain each Original Check that is Truncated through any Digital Deposits activity for a reasonable period of time, but in no event fewer than ten (10) Business Days from the date of deposit or such longer time as Bank may request from time to time with respect to any specific Original Check. I understand that in all cases, during the reasonable period of time described above, I am solely responsible for safeguarding all items I retain, as required or permitted by Digital Deposits from destruction, alteration or theft. Such Original Checks must be securely stored (e.g., in a locked cabinet) to prevent unauthorized access to them until they are destroyed, as provided for below.
Also, I understand that in certain instances Bank may request from time to time the Original Check to respond to claims made by the Drawer of the check. I agree to retrieve and produce for Bank the Original Check in question within seventy-two (72) hours of a written request by it. In the absence of retaining the relevant Original Check, I understand and agree I shall be solely responsible for the cost of any claim brought by the Drawer of the check that for resolution would reasonably require access to relevant Original Check and shall indemnify Bank in accordance with the terms of the "Digital Deposits Indemnity" given to Bank as set forth below. I understand and agree that no later than the sixtieth (60th) day following the date of deposit of an Original Check to the Bank, I will destroy the Original Check in a commercially reasonable manner that renders it unusable or otherwise unreadable (e.g., shredding). If I fail to destroy the Original Check within 60 days following the date of deposit, I agree I am responsible for any losses arising from the loss, theft or misuse of any Original Check.
I understand and acknowledge that Bank is relying on the truth and veracity of all Electronic Checks submitted for deposit via Digital Deposits by me to Bank, and I warrant that such Electronic Checks accurately reflect Original Checks that are, or at the time of the creation of the Substitute Checks, were, in my possession.
If I deposit such an Electronic Check, I give Bank the same warranties and indemnities that Bank, as a reconverting bank, would give under applicable law or regulation. I understand and acknowledge that all of the warranties deemed given by a depositor of a check to a bank under the UCC as applicable from time to time in the State of Colorado shall also apply to any Electronic Check of an Original Check, and also apply to any Substitute Check deposited by me the same as if such Electronic Check or Substitute Check were a paper check within the meaning of the UCC as adopted by the State of Colorado as Colorado Revised Statutes §§ 4-1-101, et seq. Accordingly, except to the extent that any warranties deemed given under the UCC are expressly superseded by the Check 21 Act or the Check 21 regulations, I understand that I am deemed to give Bank all the same warranties I would have given under the UCC for the deposit of an Original Check by transferring to Bank: (a) any Substitute Check; (b) an Image Replacement Document ("IRD") or other item purporting to be a Substitute Check; or (c) any Electronic Check that purports to contain a Sufficient Copy of an Original Check or a Substitute Check. Such warranties also include the following two (2) specific warranties regarding transfer and presentment:
WITH MY USE OF DIGITAL DEPOSITS, AND IN ADDITION TO ANYTHING ELSE SET FORTH IN THIS AGREEMENT, I ASSUME LIABILITY FOR, AND HEREBY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS ("BANK INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS, LOSSES, JUDGMENTS, EXPENSES, OBLIGATIONS, OR DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, OF ANY KIND OR NATURE ("DAMAGES") ARISING OUT OF THE USE OF, CONDITION (INCLUDING LATENT AND DEFECTS AND WHETHER OR NOT DISCOVERABLE BY ME OR BANK), OPERATION, OWNERSHIP, SELECTION, DELIVERY, INSTALLATION OR LICENSING OF ANY ITEM OF PROCESSING SOFTWARE OR EQUIPMENT. HOWEVER, SUCH INDEMNIFICATION SHALL NOT EXTEND TO ANY DAMAGE OR LOSS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BANK.
In addition, I agree to reimburse Bank for all Damages it may incur regarding any Electronic Check, Substitute Checks or IRD deposited by me. Furthermore, if I provide Bank with an Electronic Check of a Substitute Check for deposit into my Account instead of an Original Check, I agree to reimburse Bank for all Damages it incurs because the Substitute Check resulting from the Electronic Check does not meet applicable Substitute Check Standards or causes duplicate payments. The amount of Bank’s loss which it may recover from me may be limited under the Check 21 Regulations.
D. Limitation on Liability
Bank will not be liable for any damage, loss or liability arising from the use of Digital Banking Services or the information and data which is reported or not reported on it, except to the extent that the damage, loss or liability arises from Bank’s own gross negligence or willful misconduct. Bank will not be liable for information or data that is inaccurate, incomplete or not current. Information and data available on Digital Banking Services are provided for reference purposes only.
E. Security Procedures
I agree to the security procedures ("Security Procedures") used by the Bank in connection with Digital Deposits. Such Security Procedures offered by the Bank are described herein and in Documentation applicable to such services. As part of the Security Procedures, Bank may employ various authentication technologies, including, but are not limited to, use of Digital Banking Services User IDs, passwords and other additional authentication information (“AAI”) that Bank may require me to provide at Bank's sole discretion. Bank employs various security and authentication technologies to ensure that I am communicating directly with the Bank, and also to ensure that my computer or mobile device is communicating with a legitimate Bank computer. I am responsible for the establishment and maintenance of my internal procedures reasonably adapted to ensure the confidentiality and security of Security Procedures. I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER ALL USER IDS AND PASSWORDS PROVIDED BY BANK AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL I WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES.
If I have reason to believe that any Security Procedure has or may have become known by unauthorized persons, I shall immediately notify the Bank by telephone and confirm such oral notification in writing to the Bank within twenty-four (24) hours of the oral notification. The Bank will replace the Security Procedures in accordance with the Bank's standard security requirements related to Digital Deposits. To the maximum extent permitted by applicable law, I will be solely liable for all transactions initiated before the Bank has received such notification and has had a reasonable opportunity to act on such notification. The Bank reserves the right to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to me. I agree that my use of the Digital Deposits after the Bank provides notice of such changes constitutes my acceptance of the new Security Procedures. I acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. The Bank is not agreeing to any Security Procedures or other procedure for the detection of errors. I represent that for Digital Deposits, I consider the Security Procedures to be commercially reasonable with respect to the size, type, and frequency of deposits I anticipate submitting.
With regard to me obtaining Digital Deposits services under this Digital Banking Agreement, I must comply with the personal computer, check scanner and mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Digital Banking Agreement and as set forth in any Documentation or any supplemental information and/or instructions provided by the Bank. The Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for Digital Deposits and transactions contemplated hereunder and I agree to abide by such requirements. Furthermore, I understand and acknowledge that if I do not implement and follow my own commercially reasonable hardware, software, physical access and physical storage Security Procedures regarding any of the data owned by me, which includes such data containing the sensitive personally identifiable information ("PII") of any individual, the security of my Digital Deposits and/or the data owned by me (including sensitive PII) may be compromised. I understand, acknowledge and agree that installation, maintenance and operation of my personal computer or mobile device (hardware and software) and related security procedures that I adopt and follow, including, but not limited to, data security protection, firewalls and anti-virus software, is my sole responsibility, and that I am solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by me.
I understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of my personal computer, Mobile Device or data processing systems, including, but not limited to any personal computer or Mobile Device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by me, or any Internet-related problems that may be associated with my access and use of Digital Deposits.
For avoidance of doubt, I understand, acknowledge and agree that all data provided by me to Bank (including, but not limited to, Electronic Checks or Substitute Checks retained on any processing equipment, Processing Software, or any other processing equipment or software (including my personal computer or Mobile Device) used by me in conjunction with Digital Deposits), and all data produced, compiled or otherwise provided by Bank to me, in any form or format, is my sole and exclusive property and copies thereof shall be provided to me at my request from time to time and at any time. Once such data owned by me is delivered by Bank to me, retrieved by me from Bank, or otherwise created as a by-product of a transaction between me and Bank and retained by me, such data owned by me is solely within my possession and control.
F. Termination
The Bank may, in its sole discretion, terminate my Digital Deposits effective immediately if: (i) there is an occurrence of a material change in my Account activity or other risk analysis criteria as determined by Bank in its sole and absolute discretion; (ii) Bank at any time determines that I (or my Third Party) do not meet its risk or other qualification requirements; (iii) Bank discovers any willful misconduct (including, but not limited to, types of fraudulent activity) on my part or any other party with respect to Electronic Checks submitted for deposit by me using its Digital Deposits; (iv) I am in default of any terms of this Agreement where such default gives the Bank the right to terminate, immediately or otherwise, or close my Account; (v) I have not used Digital Deposits for a period of time deemed to constitute an inactive service by Bank (in its sole discretion); or (vi) I am in default of any terms of the Digital Banking Agreement or any other agreement with Bank. In any of these events, I agree that Bank’s sole obligation shall be to provide notice of termination of Digital Deposits to me, and that such notification will be reasonable if it is mailed to my statement mailing address immediately upon termination.
Either me or the Bank may terminate Digital Deposits, with or without cause, upon thirty (30) days written notice to the other of its intent to do so, sent to me at my statement address and sent to Bank at the address provided herein. In the event of termination of Digital Deposits, my rights and responsibilities as well as the Bank’s, shall continue through any applicable settlement period, including my responsibility to pay Bank for Digital Deposits and with respect to transactions processed prior to the effective date of termination. If Digital Deposits is terminated by the Bank, it may accelerate all amounts due and to become due, and I agree to promptly make full payment to Bank of all amounts due and amounts incurred by me through my use of Digital Deposits.
The following provisions apply to those Digital Banking Services, including, but not limited to, Mobile Banking Services, used to access Deposit Account(s) of Consumer Customers whose Deposit Account(s) are established primarily for personal, family or household purposes.
A. Transfers Generally
I understand all Transfers must originate from an Account on which I am a current signer. Bank reserves the right to refuse the acceptance of any particular Transfer for any reason.
B. Limits
Unless otherwise provided in any other agreements I may have with Bank, the maximum dollar limit for all Transfers within a 24-hour period is equal to the Available Balance in any Deposit Account(s) or may be another maximum amount set by Bank and communicated to me. If my Deposit Account does not have sufficient funds to complete a Transfer, Bank may refuse to conduct the Transfer. If Bank does complete the Transfer, I am responsible for any overdrafts or fees that are generated. I understand that federal limitations on the number of Transfers per each statement period applicable to money market and savings accounts per each statement period will apply, and the number of Transfers that I can make from such accounts will be limited. I should refer to Bank’s money market account and savings account disclosures or contact Bank’s Customer Service at 1-800-331-3757 for details on limitations.
C. Scheduling Transfers
I understand that detailed instructions for scheduling transfers, including any applicable cutoff times, are located in Digital Banking Services. The first payment of a recurring Transfer conducted through Digital Banking Services must be scheduled for a date that is a valid date for that month. Should subsequent months not include that date, then Bank will assume I mean to schedule a Transfer on the first day of the following month. For example, if the first monthly Transfer is scheduled for January 31, the second monthly transfer will not occur until March 1. If the first day of the following month is not a Business Day, then the Transfer may not be processed until the next Business Day.
D. Cancelling My Transfers
I understand that I cannot cancel an immediate Transfer from my Deposit Account(s) after it has been entered into Digital Banking Services and the information has been transmitted to Bank. In order to cancel future-dated Transfers, I must log into Digital Banking Services and follow the directions provided for cancelling Transfers. Although the easiest and most convenient way to cancel a Transfer is through logging into Digital Banking Services, I may request to cancel a future-dated Transfer by calling Bank’s Client Services Department at 1-970-256-8555, or writing to Banks Client Services Department at 649 Market Street, Grand Junction, CO. Bank must receive a cancellation request via telephone or in writing at least three (3) Business Days before the Transfer is scheduled. If I give a cancellation request via telephone, I must send Bank written confirmation of my request within fourteen (14) days after the date of my call. If I do not provide required notice of cancellation, Bank will not be liable for any Damages incurred by me if the Transfer is not cancelled. Bank is not responsible for any Transfers made before it has a reasonable opportunity to act on my cancellation notice.
E. Documentation
I will get a statement for each of my Deposit Account(s) which will reflect, among other things, all Transfers that have occurred during my monthly billing cycle. I will receive a statement at least quarterly for each Deposit Account, even if no activity has occurred during the time period covered by that statement.
F. Bank’s Liability for Failure to Complete a Transaction
If Bank does not complete a Transfer on time, or in the correct amount according to my instructions, Bank may be liable for my Damages up to the amount of the Transfer. Bank is not liable to me for any special, incidental, exemplary, punitive, or consequential damages of any kind. However, there are some exceptions to Bank’s liability. Bank will not be liable, for instance, if:
There may be other exceptions, in addition to those listed above, stated in any of Bank’s other agreements with me, or as permitted by law.
If any of the above circumstances occur, Bank will assist me if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.
G. My Liability for Unauthorized Use
I will notify Bank immediately if I believe that my User ID, Password, and/or AAI has been lost or stolen or used without my permission. I understand and acknowledge that the best way to minimize my loss is to call Bank immediately. I also understand that the unauthorized use of my User ID, Password, and/or AAI could cause me to lose all of the money in my Deposit Account, plus any amount available under my overdraft protection, if I do not notify Bank in a timely manner.
I understand that as a Consumer Customer, I will have no liability for unauthorized transactions if I notify Bank within sixty (60) days after the statement showing the transaction has been mailed to me or made available to me through Digital Statement Delivery (if I am enrolled in Digital Statement Delivery). If I do not tell Bank within sixty (60) days after the statement was mailed to me or made available to me through Digital Statement Delivery (if I am enrolled in Digital Statement Delivery), I may not get back any money I lost after the 60 days if Bank can prove that I could have stopped someone from taking the money if I had notified Bank in time. If a valid reason (such as a long trip or a hospital stay) kept me from notifying Bank, I understand that Bank may extend the time periods in its sole discretion.
For any of my Transactions processed through the Visa system, my liability limits will differ from those set forth above. For Transactions processed through the Visa system (for example, use of my personal Debit Card when no PIN is used), I understand that I will have no liability in accordance with each network’s respective policies regarding "zero liability" for unauthorized transactions if I promptly report the unauthorized transactions to Bank. For Visa Transactions, Bank may impose greater liability, to the extent allowed by law, if Bank reasonably determines that I was either negligent or fraudulent in the handling of my Digital Banking Services Transactions processed through Visa. Bank may reasonably determine that I was negligent or that I failed to exercise reasonable care, for instance, if I do not promptly report one or more unauthorized Transactions to Bank. This may include my delay for an unreasonable time in reporting unauthorized Transactions.
If I assert that an unauthorized Transfer may have occurred, or I believe my User ID, my Password and/or my AAI has become known to an unauthorized person, Bank may require me to sign a sworn statement/ affidavit to that effect.
If I have selected optional Mobile Banking Services, I understand that I am solely responsible for notifying Bank immediately in the event that my Mobile Device associated with the telephone number provided to Bank to register for Mobile Banking Services is lost, stolen, changed or destroyed. I understand that with regard to SMS text messages, failure to promptly notify Bank may result in my failure to receive important SMS text messages and/or the interception of such SMS text messages by unauthorized third parties. I may also incur SMS text messaging fees for such SMS text messages even if I do not receive them. I understand that Bank is not responsible for any costs, expenses, liabilities or damages that I incur as a result of my failure to receive an SMS text message, the interception of any SMS text message by an unauthorized or other third party, or my incurrence of SMS text messaging fees for SMS text messages I did not receive.
I UNDERSTAND AND ACKNOWLEDGE THAT IN ADDITION TO ANY DISCLAIMERS OR LIMITATIONS OF LIABILITY AS OTHERWISE STATED IN THIS AGREEMENT, BANK SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM: (i) NON-DELIVERY, DELAYED DELIVERY OR WRONG DELIVERY OF ANY EMAIL COMMUNICATION THAT I WOULD NORMALLY ACCESS VIA THE WEB BROWSER ON MY MOBILE DEVICE OR OF ANY SMS TEXT MESSAGE NORMALLY SENT DIRECTLY TO MY MOBILE DEVICE; (ii) INACCURATE CONTENT IN ANY EMAIL COMMUNICATION THAT I ACCESS VIA THE WEB BROWSER ON MY MOBILE DEVICE OR IN ANY SMS TEXT MESSAGE SENT DIRECTLY TO MY MOBILE DEVICE; (iii) ANY ACTIONS RESULTING FROM THE INTENTIONAL OR UNINTENTIONAL DISCLOSURE BY ME TO ANY UNAUTHORIZED PERSON OF THE CONTENTS OF ANY EMAIL COMMUNICATION I ACCESS VIA THE WEB BROWSER ON MY MOBILE DEVICE OR ANY SMS TEXT MESSAGE SENT DIRECTLY TO MY MOBILE DEVICE; OR MY USE OR RELIANCE ON THE CONTENTS OF ANY SUCH EMAIL OR SMS TEXT MESSAGE FOR ANY PURPOSE.
H. Errors or Questions (Regulation E)
In case of errors or questions about Transfers, I should call Bank’s Client Services Department at 1-970-256-8555 or I should write to Bank at: Timberline Bank Client Services Department, 649 Market Street, Grand Junction, CO 81505. If I think my account statement is wrong or if I need more information about a Transfer listed on the statement, I must contact Bank immediately. I understand that Bank must be notified no later than sixty (60) days after the FIRST account statement on which the problem or error appeared was mailed or made available through Digital Statement Delivery (if I am enrolled in Digital Statement Delivery), and I must:
If I notify Bank via telephone, Bank may require that I send my complaint or question in writing within ten (10) Business Days. Bank may also require me to provide my complaint in the form of a sworn statement/ affidavit.
Bank will determine whether an error occurred within ten (10) Business Days after Bank receives notice from me and will correct any error promptly. If Bank needs more time, however, Bank may take up to forty-five (45) days to investigate my complaint or question. If Bank decides to do this, it will provisionally recredit my Deposit Account within ten (10) Business Days for the amount thought to be in error, so that I will have the use of the money during the time it takes Bank to complete its investigation. If Bank asks me to put my complaint or question in writing and Bank does not receive it within ten (10) Business Days, Bank may decide not to provisionally recredit my Deposit Account.
For errors involving new Deposit Accounts, Bank may take up to ninety (90) Business Days to investigate my complaint or question and up to twenty (20) Business Days to credit my Deposit Account for the amount I think is in error.
If a notice of error involves a Transaction processed through the Visa System, Bank will provide provisional credit within five (5) Business Days after I notify Bank instead of the usual ten (10) or (20) Business Days. Bank may, in its sole discretion, withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if Bank believes that the circumstances of account history warrants the delay.
Bank will tell me the results within three (3) Business Days of completing its investigation. If Bank determines that there was no error, Bank will send me a written explanation. I may ask for copies of the documents that Bank used in its investigation. If Bank provisionally re-credited my account, Bank may take back the amount of any credit if it finds that an error did not occur.
I. Account Information Disclosure
I understand that Bank will disclose information to third parties about my Deposit Account(s) and the authorized Transfers:
A. Personal Information
I am aware and agree that the Bank, at its discretion, may record any and all information, instructions, or transactions relayed from my mobile device(s) to the Bank or through intermediaries and to the mobile device(s) from the Bank and/or from intermediaries and collect and store the information in a form and manner as deemed necessary and appropriate.
I acknowledge that in connection with my use of Mobile Banking Services, Bank and its affiliates and service providers may receive and share names, domain names, addresses, passwords, telephone and phone numbers, the content of messages, data files and other data and information provided by me or from other sources in connection with the Bank’s Mobile Banking Services or software (collectively "User Information").
The Bank, and its affiliates and service providers, will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by me. I agree not to use the Bank’s Mobile Banking Services and software in or for any illegal, fraudulent, unauthorized or improper manner or purpose. I further agree that my use of the Mobile Banking Services and software will be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including U.S. Export Administration Regulations.
Any transmission to Mobile Banking Services, including emails shall be deemed and remain the property of the Bank. Please do not use email to send the Bank communications which contain confidential information or require immediate attention. Please call 1-800-331-3757 or send written communications to:
TIMBERLINE BANK
ATTENTION: CLIENT SERVICES
649 MARKET STREET
GRAND JUNCTION, CO 81505
B. Charges and Fees
Unless otherwise agreed to by Bank, I will pay the Bank for fees for this service and associated services (e.g. stop payments, wires) as set forth in Bank’s most current Schedule of Charges, as may be amended from time to time, and that I may be subject to any other applicable fees related to any Transaction as set forth in any applicable agreement. Bank will automatically deduct fees related to the Transactions on either the Account statement date for the Account for which Digital Banking Services are provided, or on the date the Digital Banking Service is actually provided. If Bank decides to change the fees it charges in connection with Digital Banking Services, Bank will notify me at least thirty (30) days prior to the effective date of the change.
C. Contacting Bank
In addition to the electronic communication methods discussed in Section IV of this Agreement, I may also contact Bank with any questions or concerns by calling toll free at 1-800-331-3757. Bank’s specialists will be available to assist me during normal business hours. I may also call the Client Services department with my questions regarding general information about my Account(s), such as balance information, transactions conducted outside of Digital Banking Services, questions regarding interest earned, or other general questions or concerns.
D. Changes to Digital Banking Agreement; Termination of Digital Banking Services (including Mobile Banking Services)
Bank may add to, delete from, or change the terms of this Digital Banking Agreement at any time, and Bank will inform me of changes to this Digital Banking Agreement when legally required. Further, Bank will attempt to inform me of any material changes to this Digital Banking Agreement even if not legally required to do so. Without limitation to the foregoing, Bank may communicate changes to this Digital Banking Agreement by mail, email, or statement message. I agrees that, by continuing to use Digital Banking Services after the date that changes to this Digital Banking Agreement are posted to Bank’s Site, such changes will be effective as to my use of Digital Banking Services and any account transactions made by me whether or not I in fact accesses Bank’s website Site or otherwise receives actual notice of any Digital Banking Agreement changes. If I do not agree with a change to this Digital Banking Agreement, my recourse shall be limited to discontinuing use of TIMBERLINE BANK Digital Banking Services.
I understand that Bank reserves the right to change the Digital Banking Agreement at any time, and that Bank will mail by regular U.S. postal mail, or by email, notice to me at least twenty-one (21) days before the effective date of any change to my Deposit or Loan Account services that would result in increased liabilities for me, increased fees, a reduction in the types or available Transfers, or stricter limits on frequency or dollar amounts of Transfers, unless such prior notice is otherwise excused by law. I agree that Bank is not liable or otherwise responsible if I do not receive such notification via email because I have changed my primary email address and not informed Bank of such change. By using Digital Banking Services after any changes or amendments are effective, I am agreeing to be bound by such revised Digital Banking Agreement. I may review the most current version of this Agreement anytime at Bank’s Site.
Bank and I agree that I may terminate this Digital Banking Agreement and/or one or more of the Digital Banking Services or Mobile Banking Services that I have selected at any time with or without cause upon prior notice to Bank. To terminate this Digital Banking Agreement, I shall give notice via telephone by contacting one of Bank’s Client Services department at 1-970-256-8555, or by sending written notice to the Bank at 649 Market Street, Grand Junction, CO 81505.
To terminate any particular Digital Banking Service or Mobile Banking Service, I understand that I must give notice via telephone by contacting one of Bank’s Client Services Specialists at 1-970-256-8555, by sending written notice to the Bank’s Client Services Department at 649 Market Street, Grand Junction, CO 81505. I understand that Bank may, in its sole discretion, terminate this Digital Banking Agreement in its entirety or terminate one or more specified Digital Banking Services or Mobile Banking Services effective immediately, with or without cause. Bank will provide written notice to me before Bank terminates this Digital Banking Agreement or any Digital Banking Service or Mobile Banking Service for any reason other than abuse of the Digital Banking Services or Mobile Banking Services, or to prevent a loss.
I understand that the termination of this Digital Banking Agreement and/or any of the Digital Banking Services or Mobile Banking Services will not release me from any fees or other obligations incurred prior to the date upon which this Digital Banking Agreement or the particular Digital Banking Service or Mobile Banking Service is terminated, any fees assessed by Bank in the process of terminating this Digital Banking Agreement and/or any of the Digital Banking Services or Mobile Banking Services, or from my responsibility to maintain sufficient funds in my Accounts to cover any outstanding items originated via any Digital Banking Service or Mobile Banking Service.
E. Children Using Digital Banking Services
The safety and privacy protection of children is very important to Bank. Children should always ask their parent or guardian for permission before sending personal information to anyone online. I understand that only the parent or legal guardian of a child under the age of 13 has authority to access Digital Banking Services, even if the account has been established on behalf of that child. If I permit a child under the age of 13 to use Digital Banking Services, or give the child my User ID, Password, or my AAI, I understand that I am responsible for all activity the child initiates from or to any of my Accounts, even if he or she exceeds my authorization. I understand that I can contact Bank in accordance with Section VI.H. of this Digital Banking Agreement with any questions or concerns.
F. Bank Records and Data
I acknowledge that Bank may elect to record or otherwise document information and email messages entered via Digital Banking Services for record keeping purposes, and I authorize Bank to record such information. Bank’s records kept in the regular course of business will be presumed to accurately reflect the contents of my instructions to Bank, and in the absence of manifest error, will be binding and conclusive.
G. Bank’s Use of Third-party Service Providers
Bank’s ability to provide certain of the Digital Banking Services depends on its ability to provide access to third-party networks. For details regarding Bank’s safeguarding of my personal information, I should refer to Bank’s Customer Privacy Statement available at Bank’s Site. In the event that Bank determines, in its sole discretion, that it is unable to provide third-party network access, Bank may discontinue the related Digital Banking Services or may provide the Digital Banking Services through alternate third-party networks. I understand that Bank shall have no liability for the unavailability of access during any transition period and shall give me written notice of any Digital Banking Service involving Transfers to or from my Deposit Account(s) being discontinued at least twenty-one (21) days in advance of such termination, unless such prior notice is otherwise excused by law.
H. Bookmarking and Linking
I understand that I may create a bookmark in my web browser to the Digital Banking Services page. I may not create any link to Digital Banking Services without the written approval of Bank, including, without limitation, a link on a publicly accessible website. The Bank may establish links between Digital Banking Services and other services operated by third parties. The Bank has no restraint over other third-party services or the contents therein. The existence of any such links shall not constitute an endorsement by the Bank.
I. Disclaimer of Warranties
I understand that Bank and its third-party Service Providers cannot and do not make any representation or warranty: (i) that I will have continuous or uninterrupted access to the Digital Banking Services or the Mobile Banking Services or any of its information, content or functions; (ii) that the Digital Banking Services or the Mobile Banking Services will operate on a continuous or uninterrupted basis; or (iii) that any information, content or functions will be error-free. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDE THE DIGITAL BANKING SERVICES AND ALL INFORMATION AND CONTENT DELIVERED BY OR THROUGH THE DIGITAL BANKING SERVICES TO ME "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, PERFORMANCE, ACCURACY, AVAILABILITY, CONTENT, FUNCTION, ACCESSIBILITY, NON-INTERRUPTION, NONINFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS ALSO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELATED TO ANY ADVERTISEMENTS OR WEBSITES IN CONNECTION WITH THE DIGITAL BANKING SERVICES. I UNDERSTAND THAT MY SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICE) SHALL BE FOR BANK TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND ADJUSTMENT OR REPAIR OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ME. I MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
J. Exclusion of Damages; General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, SHALL NOT BE LIABLE TO ME OR TO ANY OTHERS FOR DAMAGES IN EXCESS OF MY ACTUAL LOSSES OR DAMAGES UP TO THE AMOUNT OF THE TRANSFER DUE TO BANK’S FAILURE TO COMPLETE A TRANSFER. BANK WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES), WHETHER CAUSED BY THE EQUIPMENT AND/OR THE SERVICES, NOR WILL BANK BE RESPONSIBLE FOR ANY DIRECTOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF MY EQUIPMENT. THE DIGITAL BANKING SERVICES ARE PROVIDED "AS IS." I UNDERSTAND THAT BANK DOES NOT MAKE ANY WARRANTIES CONCERNING THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. I MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
K. Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO MY ACCESS AND USE OF THE DIGITAL BANKING SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD: (i) CONSTITUTE A BREACH BY ME OF THIS DIGITAL BANKING AGREEMENT; (ii) CONSTITUTE INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF INFORMATION, DATA, FILES OR OTHER MATERIALS SUBMITTED BY ME TO THE DIGITAL BANKING SERVICES; (iii) CONSTITUTE FRAUD OR MALICIOUS CONDUCT BY ME; (iv) CONSTITUTE A VIOLATION BY ME OF ANY LAW OR RIGHTS OF A THIRD PARTY; (v) CONSTITUTE A CLAIM FOR WHICH I HAVE AGREED TO PROVIDE INDEMNIFICATION ELSEWHERE IN THIS DIGITAL BANKING AGREEMENT; OR (vi) CONSTITUTE A CLAIM FOR DAMAGES FOR WHICH I HAVE AGREED ELSEWHERE IN THIS DIGITAL BANKING AGREEMENT THAT BANK IS NOT RESPONSIBLE.
L. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the state of COLORADO, without regard to the conflict of laws thereof, and to the laws of the United States.
M. Venue
Any disputes arising from the use of the Bank’s Mobile Banking Services shall be exclusively subject to the jurisdiction of any federal or state court located in the State of COLORADO.
I acknowledge that I am responsible for complying with all terms of this Digital Banking Agreement and the terms governing any Deposit Account(s), Loan Account(s) or any other Account(s) which I access using Digital Banking Services.
BY CLICKING ON THE "SUBMIT" BUTTON ON THE "TERMS & CONDITIONS" SCREEN, I AGREE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT I ACCEPT THIS DIGITAL BANKING AGREEMENT WITHOUT MODIFICATION, AND THAT I WILL BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS DIGITAL BANKING AGREEMENT JUST AS IF I SIGNED THE AGREEMENT. FURTHERMORE, I UNDERSTAND THAT BY USING DIGITAL BANKING SERVICES I AGREE TO THE TERMS AND CONDITIONS STATED IN THIS DIGITAL BANKING AGREEMENT AND TO SUCH TERMS AND CONDITIONS AS THEY MAY BE AMENDED IN THE FUTURE. IF I DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS DIGITAL BANKING AGREEMENT, I UNDERSTAND THAT I SHOULD NOT CLICK ON THE "ACCEPT" BUTTON ON THE "SIGN UP FOR DIGITAL BANKING" SCREEN AND THAT I SHOULD NOT USE DIGITAL BANKING SERVICES.