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
A.
Accepting
the Agreement and Future Changes
B.
Relation to
Other Agreements
B.
Enrolling in
and Use of BSI Online
C.
BSI Online
Access ID and Password
D.
Internal
Account Transfers or Payments
H.
Automatic
Online Banking Alerts
I.
Optional
Online Banking Alerts
K.
Financial
Management (FM) Software
III. OTHER TERMS AND CONDITIONS
D.
Applicable
Law and Jurisdiction
M.
IN CASE OF
ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSACTIONS FOR CONSUMER ACCOUNTS
IV. ADDITIONAL BUSINESS CUSTOMER TERMS AND CONDITIONS
V. ACCOUNT TO ACCOUNT TRANSFER TERMS
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).
·
"RecipientAccount"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 theAccount
from which yourfunds willbe debited or
to which fundswill bereturned.
·
“Transfer Instruction(s)
” is theinformationprovidedby youto the
External Transfer Service fora transfer of
funds toa Recipient
Account.
·
“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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This Agreement will be governed by and construed in
accordance with the laws of the State of Maine.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 AccountTransferService 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 dataabout 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.