You should print or otherwise retain a copy of the disclosures provided to you.
The Federal government requires that we ask you to acknowledge receipt of this e-sign disclosure and demonstrate that you have the ability to open the document(s). This must be done before we send your loan documents/disclosures by electronic communication.
Please read this Agreement carefully. You are agreeing to receive your loan documents by electronic communication. You further agree to comply with, and be bound by the terms and conditions of this Agreement.
Depending on the type of document being sent to you, our electronic communication to you may be routed through a secure e-mail server (ZixCorp). Electronic Communication of this type will contain the word “Private” in the subject line.
You may receive loan disclosures from us. If we send loan disclosures to you by electronic communication, you will receive a Loan Disclosure Notification. The notification will arrive in an e-mail from a member of our loan disclosure department with the words “FCB BANKS – Private” in the subject line, and will route you to ZixCorp.
When you receive the e-mail notification from us, click on the “Open Message” button. If this is your first time receiving secure e-mails using ZixCorp, you will be instructed to create a password. You will only need to do this once. Due to the secure nature of this e-mail service, the e-mail messages have an expiration date. The notification you receive from ZixCorp that a secure e-mail has been sent to you includes the expiration date of the e-mail.
If you experience difficulty opening your disclosures, please promptly notify us, and we will send your disclosures in the mail.
FCB BANKS Loan Administration
Agreement to Receive Loan Documents by Electronic Communication (E-Sign Agreement)
This “Agreement” describes your rights and obligations not only for your agreement to receive loan documents (to include disclosures, notices, statements, correspondence, etc.) pursuant to the transaction initially giving rise to this agreement, but to also receive documents for loans you have with us now, are currently applying for, or loans you may apply for in the future, via electronic communication.
Please read this Agreement carefully. After having read the contents of this disclosure, you will need to mark the box acknowledging receipt and understanding of this disclosure statement. You should print or otherwise retain a copy of the disclosures provided to you. By acknowledging receipt of this disclosure, you are agreeing to receive your loan documents by electronic communication. You further agree to comply with, and be bound by the terms and conditions of this Agreement.
This Agreement is subject to applicable federal laws and the law of the state in which your principal place of business is located (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in full force and effect. The headings in this Agreement do not govern the interpretation of the provisions, but are included for convenience or reference only. Any waiver (expressed or implied) by either you or us of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. This Agreement to Receive Loan Documents by electronic communication constitutes the entire agreement between you and us with respect to this Agreement and there are no understandings or agreements relative to this Agreement that are not fully expressed in this document.
2. Definitions Applicable to receiving your loan documents by electronic communication.
The following terms have the meanings set forth below:
Loan Documents means any written communication or notification regarding an application for a loan, or an existing loan(to include disclosures, notices, statements, correspondence etc. required by law) with FCB BANKS.
Business Day means every day other than (a) Sunday, and (b) other days we are closed on which financial institutions in the State of Illinois or the State of Missouri are permitted by state or federal law to be closed.
Compliant Equipment means a computer (a) on which is installed (i) web-browsing software capable of processing 128-bit SSL encryption (such as Internet Explorer version 11.0 or higher) and (ii) Adobe Acrobat® Reader (version 10.1 or higher), (b) which has a functioning Internet connection, and (c) on or from which you can securely save or print Electronic Disclosures.
Electronic Communication includes but is not limited to e-mail.
E-mail Address means the address you provide to us when you complete a loan application and to which we will send Electronic versions of your loan documents, or to which we will send a link to the secure electronic mailbox containing your loan documents.
Force Majeure Event means the occurrence of circumstances beyond our control (such as fire, flood, power outage, equipment or technical failures or breakdown, or the unauthorized actions of any Person) which prevent you or us from completing a request despite reasonable precautions that we have taken.
Loan Agreements means all documents that evidence your obligation to repay credit we extend to you and all documents that secure your obligation to repay all such extensions of credit.
You or your refers to the Person who electronically acknowledges receipt and understanding of this Agreement.
Time of day references are Central Standard Time or Central Daylight Time, as applicable.
3. Procedure to agree to receive loan documents or information by electronic communication.
You agree that upon receipt of your acknowledgement we are authorized to proceed, and may start to send documents to you immediately.
You agree not to allow any other Person to gain access to your e-mail account. You agree that you are responsible for all electronic communications sent from your e-mail account, subject to any limitations imposed by applicable law, as set forth in Section 7.
4. Compliant Equipment
You represent and warrant to us that on the date you apply for a loan you (a) have access to Compliant Equipment, and (b) are responsible for obtaining, installing, maintaining, and operating your Compliant Equipment. We will not be responsible for any errors or failures from the malfunction or failure of your Compliant Equipment. You will be notified, if in the future, requirements regarding Compliant Equipment change. You may withdraw consent without the imposition of any fees. If later you wish to again receive documents electronically, you must re-consent to an e-sign agreement.
5. Your Agreements Regarding Electronic Disclosures
You are responsible for complying with all terms of this Agreement and with the terms of the Account Documents that govern any and all other account you may have or will have with FCB BANKS. This Agreement does not supersede any other agreement you may have or will have with FCB BANKS. This Agreement is only relevant to the receiving of Loan Documents by electronic communication.
To cancel the receiving of loan information, including disclosures by electronic communication, you must contact us using any method provided in Section 12. When you contact us to cancel your enrollment, please provide your name and address, the service(s) you wish you cancel, and the effective date to stop the service.
You may ask us to send you paper copies of Loan Documents by U.S. Mail by contacting us using any of the means identified in Section 12. You may be asked to cover the cost associated with the mailing of these documents.
6. Hours of Operation
Electronic communications initiated by you on a non-Business Day or after 5:00 p.m. on a Business Day will be considered next Business Day.
7. Stolen Information
If you believe your electronic communication information has been lost or stolen, or that someone has initiated an electronic communication without your permission, call us immediately at 866-323-4322. A customer service representative is available Monday through Friday (excluding non-business days as previously defined) between the hours of 8:00 a.m. and 8:00 p.m. Extended customer service hours may be available, please visit www.fcbbanks.com to view extended hours. Voice mail is available during all other hours. Telephoning us is the best way of minimizing your exposure to fraud.
8. Changes and Termination of Agreement
We reserve the right to refuse sending you information by electronic communication. This will most likely only occur if we believe your information to be unsecure, and/or your information to be at risk for fraud. If deemed necessary (for your protection) we will cease electronic communication immediately, and your participation in electronic communication exchanges will automatically cease without notification.
If your e-mail address changes, you must notify FCB BANKS immediately, as set forth in Section 12.
9. Not Responsible for loss
We will not be responsible for any losses that may occur due to accepting your loan documents by electronic communication. If this occurs, we will assist you with reasonable efforts in taking appropriate corrective action to recover any loss to you.
10. Third Party Disclosure
We will only disclose information about your loan(s) in accordance with our Privacy Statement.
11. Exclusion of Consequential Damages and Disclaimer of Liability
Upon acceptance of the agreement, you acknowledge that sending electronic communications is not without risk. While FCB BANKS will take every step to ensure the security of your documents once received from you, FCB BANKS will not be liable for any breach of security regarding electronic communications, whether the communication was initiated by FCB BANKS or by you.
While we do not anticipate any problems with the security of electronic communications, we cannot guarantee such security. Except as expressly provided herein, we shall not be subject to, and specifically disclaim: (a) any other obligations or liabilities arising out of breach of contract or of warranty, (b) any obligations whatsoever arising from civil claims (including negligence and strict liability or arising under other theories of law with respect to goods sold or services rendered by us, or any undertakings, acts or omissions relating thereto), and (c) all consequential, incidental, and contingent damages whatsoever, including lost profits or revenues, caused by receiving your loan information by electronic communication or your use thereof, or arising in any way out of the installation, use or maintenance of your personal computer hardware, equipment, software, any internet access services, or any other goods or service provided by us under this Agreement.
12. When you wish to contact us, you may either:
- Call us at 866-323-4322:
Monday through Friday (excluding non-business days as previously defined) from 8:00 a.m. to 8:00 p.m.; or
- Send us an email: email@example.com
- Write a letter and send it to the following address:
- FCB Loan Administration
2610 N. Illinois
Swansea, IL 62226
Each time you communicate with us, please provide your name and address.
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