Bath Savings Institution E-Sign Disclosure and Consent

Read this Electronic Records (E-Sign) notice carefully and keep a copy for your records.

The Electronic Signatures in Global and National Commerce Act (E-Sign) requires your approval before we can present required disclosures electronically. Your consent to receive disclosures electronically will apply to all communications for products and services offered by Bath Savings Institution that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. You may print or save any disclosure provided to you electronically, that is important to you. You have a right to not consent to this disclosure and only receive paper disclosures; however, access to electronic services may be restricted.

The words "we" and "us" mean Bath Savings Institution, and the words "you" and "your" mean you, the individual(s) or entity identified on the Account. As used in this Disclosure, "Communication" means any customer agreements or amendments, privacy policies, notices, account statements, disclosures, and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing. "Account" means the account(s) you have with us now or in the future.

Communications to Be Provided in Electronic Form. We may provide you with Communications in electronic form and may discontinue some or all paper copy Communications. Your consent to receive Communications in electronic form includes, but is not limited to:

·          All legal and regulatory disclosures, communications, and agreements associated with your Account.

·          Notices or disclosures about a change in your Account.

·          Privacy policies and notices.

Method of Providing Communications to You in Electronic Form . All Communications that we provide to you in electronic form will be provided either via e-mail or by access to a website that we will designate.

Hardware and Software Requirements. To access, view, and retain electronic communications you will need access to the most recent version of Internet Explorer®, Firefox®, Safari®, Google Chrome™, or Opera™ browser with 128-bit Security, Cookies, and JavaScript enabled.  Adobe® Acrobat® Reader® software is required for some electronic Communications. In addition, you must maintain an up-to-date device, operating system, and telecommunications connection to the internet that is capable of receiving, assessing, displaying, and either printing or storing electronic Communications. An e-mail account may also be needed to receive electronic Communications.

How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at 1-800-447-4559 at anytime and at no cost to you; however, your access to some electronic services may be terminated. Additionally, withdrawal of consent for eStatements may result in a fee or a change in fee for some accounts.  Please contact us for additional information.

How to Update Your Records. To update your email addresses and contact information you must complete a Change of Address Form, which can be obtained by contacting us at 1-800-447-4559.

Paper Copies. If you would prefer to receive paper copies of any Communication free of charge after consenting to receive electronic disclosures, please contact us by phone at 1-800-447-4559. Requesting a paper copy does not affect the legal validity of the Communications already provided to you electronically.

Consent . Acceptance of this disclosure constitutes your written signature and approval of, and agreement to be bound by, the terms of this agreement.  If you do not accept this agreement, your access to some electronic services including, but not limited to, Internet Banking Services will be discontinued.

 


 

Bath Savings Institution Online Agreement and Disclosure

Version 1.1, October 4, 2021

 

This Agreement between you and Bath Savings Institution governs your use of Bath Savings Institution’s Online Services (Referred to as BSI Online). Subject to the terms of this Agreement, BSI Online allows you to access, view, manage, and conduct transactions on your eligible Account(s) with us through a personal computer. This agreement covers personal Accounts; and where applicable, business Accounts. Please read this Agreement carefully and save and/or print a copy for your records. If you have any questions, you can speak directly with us by calling (800)447-4559.

 

TABLE OF CONTENTS

 

DEFINITIONS..3

I.OVERVIEW...4

A. Accepting the Agreement and Future Changes .4

B. Relation to Other Agreements .4

C. Computer Requirements .4

D. Copyright and Trademarks .4

E.Service Availability.4

II.BSI ONLINE SERVICES..4

A.Overview..4

B. Enrolling in and Use of BSI Online .5

C. BSI Online Access ID and Password .5

D. Internal Account Transfers or Payments .5

E.External Transfers.6

G. Bill Pay .8

H. Automatic Online Banking Alerts .10

I. Optional Online Banking Alerts .11

J.Mobile Banking.12

K. Financial Management (FM) Software .12

L.eStatements.12

III. OTHER TERMS AND CONDITIONS ..12

A.Fees.12

B.Hyperlinks.12

C. Assignment and Delegation .13

D. Applicable Law and Jurisdiction .13

E.No Waiver13

F.Severability.13

G.Amendments.13

H. Suspension and Termination .13

I.Calls to You.13

J.Customer Indemnification.13

K.No Warranties.13

L.Limitation on Liability.13

M. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSACTIONS FOR CONSUMER ACCOUNTS ..14

IV. ADDITIONAL BUSINESS CUSTOMER TERMS AND CONDITIONS ..14

V. ACCOUNT TO ACCOUNT TRANSFER TERMS ..15

 

DEFINITIONS

 

In this Agreement, the following definitions apply:

 

·          “you” and “your” mean the owner of the account and/or anyone else with the authority to deposit, withdraw, or exercise control over the Account that has enrolled in BSI Online.

·          “we”, “us”, “our”, and “Bank” mean Bath Savings Institution.

·          “Account(s)” means any Deposit Account and/or Credit Account that you may have with us.

·          "Agreement" means these Terms and Conditions of the BSI Online Service.

·          “Applicable Law” means federal laws and regulations and, to the extent not preempted by federal law, the laws of the State of Maine.

·          “Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

·          "Business Day" is every Monday through Friday, excluding state and/or Federal Reserve holidays or other daysthat banks arelegallyclosed.

·          “Check(s)” means a draft that is payable on demand, drawn on or payable through or at an office of a United States Financial Institution, whether negotiable or not, and payable or endorsed to an individual, and includes Original Checks and substitute checks. Such term does not include non-cash items or items payable in a medium other than United States money.

·          “Credit Account” means any home equity line of credit, home equity loan, installment loan, line of credit or mortgage that you maintain with us that was established for personal, family, household, or business purposes.

·          “Deposit Account(s)” means any checking account, money market account, savings account, certificate of deposit, individual retirement account, or other deposit account that you have with us that was established for personal, family, household, or business purposes.

·          "Due Date" is the date reflected on your Biller statement for which the payment is due. It is not the late date or grace period.

·          “Mobile Deposit(s)” is an Original Check deposited electronically through a Mobile Device.

·          “Mobile Device(s)” means a small hand held computing device, typically having a display screen with touch input and/or a mini keyboard. A handheld computing device has an operating system (OS), and can run various types of application software known as apps.

·          “Original Check” means the first paper Check issued with respect to a particular payment transaction.

·          "Payment Instruction(s)" is the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

·          "Recipient Account"isthe Accountto whichyourfundswill becredited.

·          "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

·          "Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Transaction Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

·          “Transaction Account” means the Accountfrom which yourfunds willbe debited or to which fundswill bereturned.

·          Transfer Instruction(s)isthe information provided byyou tothe External TransferServicefor atransferof funds to aRecipientAccount.

·          “United States Financial Institution(s)” means any person, located in the United States, engaged in the business of banking, a Federal Reserve Bank, a Federal Home Loan Bank, and/or to the extent it acts as a payor, the U.S. Treasury, the U.S. Postal Service, or a State or local government.

      I.         OVERVIEW

A.     Accepting the Agreement and Future Changes

 

When you use the BSI Online services described in this Agreement, you agree to the terms and conditions of this Agreement. Except as otherwise required by law, we may in our sole discretion change the terms of this Agreement from time to time. You will be notified on any changes to this Agreement. When you use the BSI Online after the effective date of any changes to this Agreement, you agree to the terms and conditions of the new version of the Agreement.

B.     Relation to Other Agreements

 

This Agreement constitutes the agreement between you and Bath Savings Institution with regard to your use of BSI Online. In addition to this Agreement, your Account(s) may be affected by other agreements between us. Additionally, some BSI Online services are governed by separate terms and conditions not contained within this Agreement. Accepting this Agreement does not change the agreements you already have with us governing your Accounts and unless otherwise noted, continue to apply regardless of anything contrary in this Agreement. For example, when you use BSI Online to access a Credit Account, you do so under the terms and conditions governing the agreement and disclosure for that Account. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might affect your use of that Account through BSI Online. Additionally, your use of BSI Online is subject to the terms and conditions of our Deposit Account Agreement, Electronic Fund Transfer disclosures, Service Fee Schedule, and any additional agreements you have agreed to, or may agree to in the future.

C.     Computer Requirements

 

In order to access BSI Online, you will need a computer and related internet access equipment. You are responsible for installing, maintaining, and operating appropriate computer equipment and all related charges. We are not responsible for any errors or failures caused by malfunction of your computer equipment or for problems caused by your internet service provider. We also are not responsible for loss or damage from its use, including damage from any computer virus or any related problems that may be associated with your use of BSI Online. You are responsible for all internet access fees/charges and telephone charges incurred by you in connection with your use of BSI Online.

 

You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. We are not responsible for providing, maintaining or servicing your computer or any other equipment for you.

D.     Copyright and Trademarks

 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Bath Savings Institution website, BSI Online, and any proprietary software of our licensors and service providers are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any part of our website or BSI Online, except as allowed by this Agreement, is strictly prohibited. Without limiting the effect of the foregoing, you do not by virtue of this Agreement acquire ownership rights to any content, software, document or other materials accessed through BSI Online or the Bath Savings Institution website. You agree that you will not alter, modify, change, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or services within BSI Online. The posting of information or materials on the Bath Savings Institution website does not constitute a waiver by Bath Savings Institution of any proprietary or other right in such information and materials.

E.      Service Availability

 

BSI Online is available virtually any time of day or night, seven (7) days a week. However, you understand that BSI Online may be temporarily unavailable due to record updating, technical difficulties, system maintenance, and power or internet failures. In addition, for security and/or regulatory reasons, we may block your access to BSI Online.

     II.         BSI ONLINE SERVICES

A.     Overview

 

The types of online banking services offered through BSI Online are described generally in this Agreement, may change from time to time, and may vary based on your specific Account. Some services offered through BSI Online are governed by separate terms and conditions. If you elect to enroll in those services, you agree to the separate terms and conditions.

 

Depending on the account type you hold with us you may be able to perform the following functions using BSI Online:

 

1.     View current balance information for your Bath Savings Institution checking accounts, savings accounts, certificate of deposits, and loans.

2.     Transfer funds between your eligible Bath Savings Institution Accounts on either a one-time or recurring basis.

3.     Transfer funds between your eligible Bath Savings Institution Accounts and you accounts at other United States Financial Institutions (subject to availability).

4.     Enroll in eStatements and receive eligible Account statements.

5.     Review current and past account transactions occurring during a minimum of the prior thirty (30) days.

6.     Download account information for use with other personal financial management software (e.g., Intuit’s QuickBooks).

7.     Use person-to-person payment service to transfer funds to individuals or request and receive funds from individuals.

8.     Initiate Bill Pay services to receive bills from participating Billers and make payments to Billers.

9.     Access Mobile Banking.

10.   Electronically deposit checks through Bath Savings Institution’s mobile application.

11.   Receive automatic account alerts.

12.   Order checks.

13.   Optional account alerts.

14.   Other online banking services that become available or are related to specific products we offer such as Business Banking.

B.     Enrolling in and Use of BSI Online

 

To enroll in and use BSI Online you must:

 

1.      maintain at least one Deposit Account or Credit Account with us;

2.      complete the BSI Online registration including selecting a BSI Online Access ID and Password; and,

3.      log out of your BSI Online Account when ending your session.

C.     BSI Online Access ID and Password

 

Your BSI Online Access ID, Password, and enhanced authentication security are used to authenticate you when you access, manage, and conduct transactions though BSI Online. You agree that we rely on your BSI Online Access ID, Password, and enhanced authentication security to identify you when you use BSI Online, and consider it as the equivalent of your signature authorization for any transactions you initiate through BSI Online.

 

We will not contact you via email or phone requesting your BSI Online Access ID or Password.

 

You agree to not give, or make available, your BSI Online Access ID and Password to any other person. Notwithstanding the foregoing, you acknowledge and agree that if you permit someone to use BSI Online or provide them with your BSI Online Access ID or Password, you are authorizing them to use BSI Online in your name and you are responsible for any transactions they perform, even those transactions you did not intend or want performed.

 

If you believe that your BSI Online Access ID or Password has been lost or stolen and/or that someone may attempt to use BSI Online and/or its service without your consent or has transferred money without your permission, you must notify us at once by calling (800)447-4559.

 

If you are a business customer and you have reason to believe that an unauthorized person has used or may attempt to use the Service without permission, or that your Password or any other security code has been lost or stolen, you must notify us at once. Until we are notified and have a reasonable time to act, you will be liable for the full amount of the unauthorized payments or transfers.

D.     Internal Account Transfers or Payments

 

You can make transfers and payments between eligible Accounts in one of two ways:

 

1.     one-time; or

2.     recurring.

 

Transfers from or to passbook savings or certificate of deposit accounts are not permitted online.

 

One-time transfers and payments are used for transfers between your eligible Accounts with us, which occur on an infrequent or irregular basis, or which vary in amount. You must separately authorize each one-time transfer and/or payment.

 

Recurring transfers and payments allow you to preauthorize a payment or transfer in regular intervals, for example to make a loan payment, or when you want to transfer the same amount at regular intervals, for example, from an eligible checking account, to your eligible savings account.

 

We reserve the right to limit the frequency and dollar amount of transfers for security reasons. You may transfer any amount of your available balance (as defined in the Deposit Account Agreement) per transaction, as long as the transaction does not cause the available balance in your Account to be less than zero.

 

For consumer and household purpose accounts, you agree to refer to our Electronic Funds Transfer Disclosure for additional information on the terms and conditions and your rights and responsibilities associated with using this service.

E.      External Transfers

 

Subject to availability of the External Transfer Service within BSI Online, we, through one or more of our service providers, may allow you to transfer funds between your eligible Account(s) at the Bank and your account(s) you maintain at other United States Financial Institutions. You agree to refer to any subsequent disclosures provided later in this agreement and for consumer and household purpose Accounts, to our Electronic Funds Transfer Disclosure for terms and conditions and your rights and responsibilities associated with External Transfers.

 

Zelle®, a friends and family funds transfer service, may be available within BSI Online. To use this service you must agree to separate terms and conditions presented to you prior to using the service.

 

 

F.     Mobile Deposit

 

Bath Savings Institution offers a Mobile Deposit Service for the electronic clearing of paper checks. The Mobile Deposit Service is designed to allow you to make deposits of paper checks to your Deposit Account with the Bank by using an eligible camera enabled Mobile Device to capture images of the paper checks and transmitting the digital images and associated deposit information to us, or our service providers with your Mobile Device.

 

1.      Eligibility

 

To access the Mobile Deposit Service you must:

·          Maintain an eligible Deposit Account with us;

·          Be enrolled in BSI Online;

·          Have an eligible camera enabled Mobile Device and a compatible wireless carrier; and,

·          Any other criteria that we deem appropriate and necessary in our sole discretion.

 

We may suspend or terminate your use of the Mobile Deposit Service at any time and without prior notice to you, unless otherwise required by applicable law.

 

2.      Your Representations and Warranties

 

Each time you photograph and submit check images of the front and back of the Original Check for deposit through the Mobile Deposit Service, you represent and warrant that:

·          each check image submitted is a complete and accurate image of the front and back of the Check and accurately represents all of the information on the front and back of the Check as of the time you converted the Check to a check image;

·          the check image is not a Prohibited Check as listed within this Agreement;

·          the check image contains all endorsements applied by parties that previously handled the Check in any form for forward collection or return; and,

·          the check image meets all transfer and presentment warranties made under applicable law and the account agreement.

 

3.     Service Fee and Additional Charges

Currently we do not impose any fees for the Mobile Deposit Service. However, we may charge you other fees, such as returned deposit item fees, overdraft fees, or per item fees in accordance with our Service Fee Schedule or other notice to you.

 

We reserve the right to impose fees for the Mobile Deposit Service in the future and we will notify you of any such fees prior to implementing them, to the extent required by applicable law. Your use of the Mobile Deposit Service after the effective date of any fee changes shall constitute your agreement to such fee changes.

 

4.      Mobile Deposit Limits

 

The Bank reserves the right to establish and assign to you deposit limits for the Mobile Deposit Service and may change limits at any time at our discretion.

 

5.      Prohibited Checks

 

You agree to photograph and deposit only “checks” as defined in the Federal Reserve’s Regulation CC, 12 C.F.R. Part 229. You also agree that you will not photograph and attempt to deposit any of the following:

 

·          Checks drawn on financial institutions located outside of the U.S;

·          Checks not payable in U.S. dollars;

·          Checks dated more than six (6) months prior to the date of deposit or post-dated (made payable at some point in the future);

·          Checks payable to any person or entity other than you (e.g., payable to another party and then endorsed to you);

·          Checks payable to you and another party who is not joint owner on the Account;

·          Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;

·          Checks that have been previously deposited through the Mobile Deposit Service or deposited through a similar service at another financial institution; and,

·          Travelers checks, savings bonds, money orders or postal money orders.

 

6.      Procedures and Endorsements

 

Each image must provide all of the information that is contained on the front and back of the Original Check at the time presented to you by the payor, including, but not limited to, the following information:

·          information about the payor and the paying bank that is preprinted on the Original Check;

·          the numerical encoded information on the bottom of the check;

·          the payor’s signature(s); and,

·          all required endorsements applied to the back of the Original Check.

 

Endorsements must be made on the back of the check within 1 ½ inches from the top edge. Your endorsement must be legible. A check payable to two payees must be endorsed by both payees. We recommend that you restrictively endorse the check. For example, we recommend that a check payable to the order of Jane Smith be endorsed: Jane Smith For Mobile Deposit Only to Account #____. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

 

7.      Receipt of Check Image

 

We are not responsible for check images we do not receive. A check image will be deemed received by us only when we provide you with an online confirmation. A confirmation is not a representation that the check image will be presented for payment or will be honored by any paying bank. All deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us relating to such deposits.

 

We shall have no liability to you for the rejection of a Mobile Deposit including but not limited to, any service, overdraft or late charges that may be imposed against you.

 

We normally provide notice of rejected deposits, but we may reject any Check transmitted through the Mobile Deposit Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for Mobile Deposit, you must physically deposit the Original Check.

 

8.      Availability of Funds

 

We generally apply the Funds Availability Policy found in the Deposit Account Agreement and Disclosure to check images received through the Mobile Deposit Service. Mobile Deposits confirmed and received before 5:00 p.m. ET on Monday through Friday (except state and/or federal holidays) will be considered deposited on that day. Mobile Deposits confirmed and received after 5:00 p.m. ET on Monday through Friday (except state and/or federal holidays) will be considered deposited on the next Business Day as defined within our Deposit Account Agreement and Disclosure.

 

In the event that the bank is closed due to inclement weather or an event beyond our control, Mobile Deposits will be considered deposited on the next business day in which we are open.

 

9.      Returned Deposits

 

As with any non-cash deposit, credit to your Account for any check deposited using the Mobile Deposit Service is provisional. If an Original Check deposited through the Mobile Deposit Service is dishonored, rejected or otherwise returned unpaid for any reason, including without limitation issues relating to the quality of the image that you have transmitted to us, you will receive an image, reproduction or substitute of the Original Check and we will charge the deposit amount back to your Account. As with any returned item, you will be responsible for reimbursing us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You are prohibited from attempting to deposit or otherwise negotiate an Original Check through Bath Savings Institution if it has been charged back to you. You may be able to negotiate a returned item in person, and should speak to a customer service representative at any of our branches if you require such assistance.

 

We may process your check image by converting it into a substitute check. In the event that the check image is returned unpaid, you will only receive a copy of the substitute check or image.

 

We may debit any of your Deposit Accounts to obtain payment for any Check that has been rejected, returned, or adjusted, whether or not the rejection, return, or adjustment was made timely.

 

10.    Retention of Original Check

 

Once your check image has been credited to your Account, you must retain the Original Check securely for forty-five (45) days; and then properly dispose of it (shred/incinerate) or mark it “VOID”. You will promptly provide any retained item, or sufficient copy of the front and back of the item to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes.

 

You agree to never deposit the Original Check or present the Original Check to us or anyone else for payment. You are responsible for any loss if an Original Check is presented for payment at a later time or has already been paid.

 

11.    Mobile Deposit Errors

 

You agree to notify us of any suspected errors regarding Checks deposited through the Mobile Deposit Service as defined in the Deposit Account Agreement and Disclosure.

G.     Bill Pay

 

We, through our service provider CheckFree®, allow you to schedule bill payments through BSI Online. Additional terms and conditions govern CheckFree® and are available when enrolling in the Bill Pay Service and within the Bill Pay Service user interface. In addition to the CheckFree® terms and conditions, this agreement and the following additional terms and conditions shall also apply to your use of the Bill Pay Service within BSI Online. Except as otherwise set forth in this Agreement, to the extent this Agreement, including any definitions contained in this Agreement, shall conflict with the CheckFree® terms and conditions, this Agreement and any amendment hereto from time to time shall control and supersede the same, but only to the extent necessary to resolve the conflict.

 

12.   Bill Payment Scheduling

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

13.   Payment Authorization and Payment Remittance

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

When the Bill Pay Service receives a Payment Instruction, you authorize the Bill Pay Service to debit your Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. The Bill Pay Service may debit your Transaction Account prior to your Scheduled Payment Date so that funds arrive as close to the Scheduled Payment Date designated by you. You also authorize the Bill Pay Service to credit your Transaction Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another user of the Bill Pay Service. The Bill Pay Service will use its best efforts to make all your payments properly. However, the Bill Pay Service shall incur no liability and any service guarantee described in the CheckFree® terms and conditions shall be void if the Bill Pay Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1.     If, through no fault of the Bill Pay Service, your Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2.     The payment processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction;

3.     You have not provided the Bill Pay Service with the correct Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

4.     Circumstances beyond control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances.

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

14.   Payment Methods

The Bill Pay Service provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods include, but are not limited to, an electronic payment, an electronic check payment, or a laser draft payment.

15.   Cancellation Requests

For the Bill Pay Service only, you may cancel or edit any Scheduled Payment by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing any bill payment, it cannot be cancelled or edited; therefore, a Bill Pay Service stop payment request must be submitted.

16.   Stop Payment Requests

The ability to process a stop payment request will depend on the bill payment method and whether or not the check has cleared. The Bill Pay Service may also not have a reasonable opportunity to act on any stop payment request after a bill payment has been processed. If you desire to stop any bill payment that has already been processed, you must contact us. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. The charge for each stop payment request will be the current charge for such service as set out in our Service Fee Schedule.

17.   Discontinuing BSI Online Bill Pay Service

 

If at any time you wish to cancel your BSI Online Bill Pay Service, please inform us in writing at Bath Savings Institution, P.O. Box 548, Bath, ME 04530-0548. We cannot cancel the Bill Pay Service until all pending payments have cleared. If you have pending payments and do not want to wait for them to clear, you may individually delete these future payments.

 

18.   Service Fee and Additional Charges

We may charge you fees, in accordance with our Service Fee Schedule or other notice to you. Any applicable fees will be charged regardless of whether the Bill Pay Service was used during a statement cycle. There may be a charge for additional transactions and other optional services. You agree to pay such fees and charges and authorize us or the Bill Pay Service to deduct the fees and charges from your Account with us.

 

19.   Bill Delivery and Presentment

This feature provides you with the ability to request to receive bills electronically from certain Billers. It is your responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Pay Service’s electronic bill options, you also agree to the following:

a.     Information Provided to the Biller

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

b.     Activation

Upon activation of the electronic bill feature, the Bill Pay Service may notify Billers, as applicable, of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. We do not make or participate in this decision.

 

 

c.     Authorization to Obtain Bill Data

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

d.     Notification

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

e.     Cancellation of Electronic Bill Notification

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

f.      Non-Delivery of Electronic Bill(s)

You agree to hold the Bill Pay Service and the Bank harmless should the Biller fail to deliver your billing statement(s). You are responsible for ensuring timely payment of all bills and we are not responsible for any late charges or other adverse consequences. Copies of previously delivered bills must be requested from the Biller directly.

g.     Accuracy and Dispute of Electronic Bill

Neither the Bill Pay Service nor the Bank is responsible for the accuracy of your electronic bill(s). The Bill Pay Service and the Bank are only responsible for presenting the information that the Bill Pay Service receives from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail, or questions about your bill details, must be addressed with the Biller directly.

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

H.     Automatic Online Banking Alerts

 

For security purposes, we may automatically send you email when certain changes or events occur on you BSI Online account. For example, you may receive an email if your BSI Online email or password is changed through BSI Online. If you suspect a change was unauthorized or fraudulent, you should contact us at once by calling (800)447-4559.

I.       Optional Online Banking Alerts

 

BSI Online allows you to sign up to receive informational email and/or text alerts when certain events occur, such as when your balance falls below a specified amount. You are responsible for updating your email or phone number to ensure alerts are delivered. We will do our best to provide alerts that are timely and accurate. However, due to a variety of factors we do not guarantee the delivery or accuracy of alerts. We reserve the right to terminate Optional Banking Alerts at any time.

 

a.     Alerts

 

Your enrollment in Bath Savings Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Bath Savings account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Bath Savings reserves the right to terminate its alerts service at any time without prior notice to you.

 

b.     Methods of Delivery

 

We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Bath Savings Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

 

c.     Alerts via Text Message

 

To stop alerts via text message, text "STOP" to 96924 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Bath Savings Online Banking.  For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 800-447-4559. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

 

d.     Limitations

 

Bath Savings provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains . We strive to provide alerts in a timely manner with accurate information. However, y ou acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Bath Savings control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Bath Savings, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

 

e.     Alert Information

 

As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts , and anyone with access to your alerts will be able to view the contents of these messages.

J.      Mobile Banking

 

In addition to accessing BSI Online through a web browser, we may also offer a mobile banking application that will allow you to conduct certain activities and transactions. Some Mobile Devices may not be supported by the mobile banking application. In addition to the terms outlined with this Agreement, the use of mobile banking is subject to additional terms and conditions. The additional terms and conditions will be presented to you upon enrollment of the mobile banking application. By using mobile banking, you understand and agree that the mobile banking terms and conditions are incorporated into and are considered part of this Agreement.

K.     Financial Management (FM) Software

 

You may supplement BSI Online by use of a one-way connection (“Web Connect”) from BSI Online to certain FM software (e.g., Quicken® or QuickBooks®) which allows you to automatically download transactions and match them with existing transactions from your FM software. You may also access BSI Online by direct connection (“Direct Connect”) using FM software. Direct Connect provides for two-way connectivity, which allows you to automatically download transactions and match them with existing transactions.

 

If you choose to use FM software, you must purchase this software from the software manufacturer or a retailer of your choice. You must agree to the terms and conditions of the software license agreement(s) during the activation of the FM software. You are responsible for the correct set-up and installation of the FM software, as well as maintenance, updates and upgrades to the FM software and/or your computer. We are not responsible for any problems related to the FM software itself, your computer or your ability to connect using the FM software as described in this Agreement.

 

You are responsible for transfers and payments that you authorize using the FM software. If you permit other persons to access BSI Online using FM software, you are responsible for all transactions they authorize. You should verify all Account data obtained and transactions executed on your Accounts using FM Software.

L.      eStatements

 

You may enroll in eStatements to receive your Account statements and regulatory and legal notices online rather than receiving them via regular mail. Once enrolled, at our sole discretion, you will receive future Account statements and regulatory and legal notices electronically. eStatements and regulatory and legal notices can be printed or saved to your computer for your convenience. You may opt out of receiving Account Statements and regulatory and legal notices electronically at any time by calling us at (800)447-4559.

 

You will only receive one notice when your eStatement(s) and/or regulatory and legal notices become available within BSI Online. The notice will be sent to the specific email address selected and confirmed by you during online banking enrollment. The notice will be deemed a sufficient and effective delivery and notice to you and all owners of the Account, whether or not you received, accessed or reviewed the email notice and/or specific electronic document within BSI Online. No other notice will be sent. You must keep your email address current and can modify the email address through BSI Online.

 

Regulatory notices you may receive online after enrolling in eStatements include without limitation, change of terms notices, privacy statements, service notifications, and legally required notices under one or more of the following: Electronic Fund Transfer Act and Regulation E, Equal Credit Opportunity Act and Regulation B, Fair Credit Reporting Act, Federal Deposit Insurance Act, Funds Availability Act and Regulation CC, Internal Revenue Code, Truth in Savings Act and Regulation DD, Truth in Lending Act and Regulation Z, and Uniform Commercial Code.

    III.         OTHER TERMS AND CONDITIONS

A.     Fees

 

We do not currently charge you a fee for accessing BSI Online. However when you use certain BSI Online services (e.g., Bill Pay, External Transfers) we may charge you fees, in accordance with our Service Fee Schedule or other notice to you. You may also incur internet service provider fees, mobile device service and texting provider fees, and software fees to access BSI Online.

B.     Hyperlinks

 

We may elect to display one or more hyperlinks within BSI Online from time to time. A hyperlink is any highlighted words or phrases in a document that allow you to click through to another section of the same document or to another document on the internet. A hyperlink may allow you to click through to a third party website over which we have no control. We specifically disclaim any responsibility for the content, products and services provided at linked third party websites. We are not liable for any failure of the products or services advertised on third party websites. You should be aware that third party websites may have privacy policies that differ from our privacy policy; it is your responsibility to review privacy policies at the linked third party websites to determine whether those policies are acceptable to you. The linked third party websites may provide less security than the Bank’s website.

C.     Assignment and Delegation

 

You may not assign this Agreement, or otherwise delegate your responsibilities under this Agreement, in whole or in part, to any third party. We may, in our sole discretion and at any time, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity, including parties that are our affiliates.

D.     Applicable Law and Jurisdiction

 

This Agreement will be governed by and construed in accordance with the laws of the State of Maine.

E.      No Waiver

 

No delay or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion shall constitute a waiver of that power, right, remedy or obligation on any later occasion. No such delay or waiver by us is effective unless it is in writing and signed by us.

F.      Severability

 

If any provision of this Agreement is held void or unenforceable by a court of competent jurisdiction, or any governmental agency, that provision will be considered enforceable to the extent permitted by such court or agency, and the remainder of that provision shall no longer be treated as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.

G.     Amendments

 

This Agreement, as may be amended by us from time to time, is the entire agreement between you and us regarding BSI Online and it supersedes any and all prior communications and prior agreements between you and us with respect to same. We will provide you notice of any amendment to this Agreement as may be required by Applicable Law.

 

H.     Suspension and Termination

 

We may suspend or terminate your use of BSI Online at any time for any reason or no reason, including if you have not used BSI Online within the most recent 180 days.

I.       Calls to You

 

You consent to receiving autodialed and prerecorded message calls from us for non-marketing purposes. For example, we or our service provider(s) may contact you in connection with validating or processing a transaction that you’ve requested through BSI Online.

J.      Customer Indemnification

 

In addition to the other indemnification provisions set forth in this Agreement, you agree to indemnify, defend and hold us harmless, the Bank and officers, employees, and agents, our licensors and service providers, and their respective officers, employees, and agents against any and all suits, proceedings, claims, actions, damages, liabilities, costs and expenses, including reasonable attorney’s fees and expenses arising from your use of BSI Online.

K.     No Warranties

 

BATH SAVINGS INSTITUTION AND ITS SERVICE PROVIDERS AND AGENTS DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ANY, WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS UNLESS SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW.

L.      Limitation on Liability

 

IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR VENDORS BE LIABLE TO YOU FOR ANY LOSS INCURRED, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THIS EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.

M.     IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSACTIONS FOR CONSUMER ACCOUNTS

 

Call us at (800)447-4559 or write to us at immediately at Bath Savings Institution, P.O. Box 548, Bath, ME, 04530-0548 if you think:

·          your statement or transaction record is wrong, or

·          you need more information about a transaction listed on the statement.

 

We must hear from you no later than sixty ( 60) days afterthe datewesent you the FIRST statement on which the problem or errorappeared.

 

If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) Business Days.

 

When you contact us, you should:

 

·          Tell us your name and Account number,

·          Describe the error or the transaction you are unsure about, and explain as clearly asyou can why you believeitis anerror or whyyou needmore information, and

·          Tell us the date and dollar amount of the transaction in question.

 

We will tell you the results of our investigation within ten (10) business days (20 business days if the transfer involves a transfer to or from an Account within 30 days after the first deposit to the Account was made) after we hear from you and will promptly correct any error we have made. If we need more time, however, we may take up to forty-five (45) days (90 days if the notice of error involves a transfer that was not initiated in a State or occurred within 30 days after the first deposit to an Account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within ten (10) business days (20 business days if the transfer involves a transfer to or from an Account within 30 days after the first deposit to the Account was made) for the amount you think is in error, so that you will have 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 ten (10) business days, we reserve the right to not credit your Account.

 

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

   IV.         ADDITIONAL BUSINESS CUSTOMER TERMS AND CONDITIONS

 

A.    Additional Responsibilities and Liability

 

In addition to the applicable terms and conditions within this document, as a business Account customer you agree to the following:

a.     That you will exclusively use your BSI Online business Account for business purposes and not for personal, family or household purposes and that you are not a "consumer" in accordance with the Electronic Funds Transfer Act;

b.     That you will ensure any authorized users of your BSI Online account will comply with all provisions of this Agreement and all other applicable agreements and will be responsible for the failure of any authorized users compliance with those agreements;

c.     That you are responsible and liable for any transaction made or authorized by you or any authorized user, even if your authorization is exceeded;

d.     That, except when prohibited by law, you indemnify and hold the Bank harmless from any loss, cost, damages or caused by the your mistake, omission, or failure to exercise reasonable care or to comply with this Agreement or any other applicable agreement we have with you;

e.     That our security procedures for accessing account information and conducting transactions within BSI Online are commercially reasonable, but do not provide a guarantee against unauthorized transactions even when correctly applied by both you and us; and,

f.      That, based on our commercially reasonable security procedures, we may consider any access to your account information or instructions to conduct a transaction within BSI Online as being authorized by you regardless of whether or not it was actually authorized by you.

     V.         ACCOUNT TO ACCOUNT TRANSFER TERMS

 

Subject to availability of the External Transfer Service within BSI Online, we, through one or more of our service providers, may allow you to transfer funds between your eligible Account(s) at the Bank and your account(s) you maintain at other United States Financial Institutions. The current service provider’s terms and conditions are listed below and apply specifically to our External Transfer Service.

1. Introduction. This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a contract between you and Bath Savings Institution (hereinafter "we" or "us") in connection with the Account to Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the "Site"). This Agreement applies to your use of the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered.

2. Description of Account to Account Transfer Service. The Account to Account transfer service (the "Account to Account Transfer Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.

3. Definitions.

a.      "Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

b.      "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.

c.      "Affiliates" are companies related by common ownership or control.

d.      "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

e.      "Eligible Transaction Account" is a transaction account from which your transfers will be debited, your Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An Eligible Transaction Account shall be limited to a checking, money market or savings account that you hold with us.

f.       "External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.

g.      "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

h.      "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Account to Account Transfer Service to you on our behalf.

i.       "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.

4. Service Providers. We are offering you the Account to Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account to Account Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account to Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

5. Authorization and Processing.

a.     You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.

b.     When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.

c.      We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

1.      If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;

2.      The Account to Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

3.      The transfer is refused as described in Section 10 (Refused Transfers) below;

4.      You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,

5.      Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

d.      It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Account to Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.

7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Account to Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.

8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.

10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.

11. Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.

12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: P.O. Box 548, Bath, ME 04530-0548. We may also be reached at (800)447-4559 for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.

13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.

14. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

15. Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

16. Your Privacy; Privacy of Others. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another person through the Account to Account Transfer Service, you agree to keep the information confidential and only use it in connection with the Account to Account Transfer Service.

17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:

a.     Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and

b.     Transfers that violate any law, statute, ordinance or regulation; and

c.     Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and

d.     Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and

e.     Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and

f.      Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and

g.     Transfers relating to tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.

19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account to Account Transfer Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.

20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with customer care for the Account to Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

22. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

a.     You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;

b.     You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;

c.     Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.

24. Information Authorization. Your enrollment in the applicable Account to Account Transfer Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Account to Account Transfer Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Account to Account Transfer Service, to authenticate you when you log in, to send you information about the Account to Account Transfer Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Account to Account Transfer Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Account to Account Transfer Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Account to Account Transfer Service.

a.     Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and  other uses in support of  transactions for the duration of your business relationship with us . This information may also be shared with other companies  to support your transactions with us and for identity verification and fraud avoidance purposes.

b.     Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

25. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

26. Errors, Questions, and Complaints.

a.     In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.

b.     If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:

1.     Tell us your name;

2.     Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

3.     Tell us the dollar amount of the suspected error.

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

27. Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account to Account Transfer Service, the portion of the Site through which the Account to Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

29. Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

30. Amendments . We may amend this Agreement and any applicable fees and charges for the Account to Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account to Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Account to Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or related applications and material, and limit access to only the Account to Account Transfer Service’s more recent revisions, updates, upgrades or enhancements.

31. Our Relationship With You . We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account to Account Transfer Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service (including but not limited to recipients to whom you send transfers).

32. Assignment . You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

34. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement.

35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35 (Arbitration) above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.

38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

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

40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.