Internet Banking Agreement

Effective Date: Feburary 29, 2008

Internet Banking Customer Service Department:

The First National Bank of Fairfax

P.O. Box 509

Fairfax, MN 55332

 

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.

1. Definitions

Agreement - means these terms and conditions of the Service and each accountholder who has enrolled for the Service, together with any person who is authorized by a accountholder to access the Service (hereinafter referred together as “you, your or yours.”)

Authorized Users – means any person who has actual, implied or apparent authority, or who any owner has given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from accounts, or to use any of the Service. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with the First National Bank of Fairfax (as follows, also referred to as the "Bank", "us", or "we").

Billing Account - is the checking account from which all Service fees will be automatically debited.

Business Day - is every Monday through Friday, excluding Federal Reserve holidays

Business Customer - Refers to anyone other than a Consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.

Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online account transfers is based upon the Business Day and the Central Time Zone. For posting purposes, we will process all transfers completed by 2:30 PM CT on the same Business Day.

Transfers completed after 2:30 PM CT will be processed on the following Business Day. Consumer – Refers to a natural person, corporate or business who owns an Eligible Account at the Bank and who uses the Service primarily for personal, family, or household purposes.

Electronic Funds Transfer (EFT) – Refers to any transfer of funds initiated through the Service. If we grant transfer privileges through the Service, you have certain rights and responsibilities under the EFT Act (Reg E) which are further detailed within this Agreement.

Eligible Accounts – You must have an existing account relationship with us to enable the Service. An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Authorized Users with transfer privileges must have withdrawal or signature authority over the relevant Eligible Account. In some cases, if your Eligible Account(s) require two signatures for withdrawal, we may only grant view privileges through the Service.

When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any such account to cover any transaction and fees that are ultimately approved by or related to the Service.

Joint Accounts - If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified as two or more separate Services and you may be charged for the use of two or more Access IDs. Transaction history is maintained for each Access ID.

Service – means the Internet Banking services offered by the Bank through its Service Providers. Service Provider - includes any agent, licensor, independent contractor or subcontractor that the Bank may involve in the provision of the Service. As used in this Agreement, “we”, “us” and “our” refer to the Bank and/or its Service Providers, as the case may be.

2. Scope of this Agreement

This Agreement between the accountholder and the Bank governs the accountholder's use of the Service. The Service permits our accountholders to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.

3. Accepting the Agreement

After you have carefully read this Agreement in its entirety and the linked Privacy Notice [Insert hyperlink to Policy], you will be asked to accept the terms and conditions of this Agreement.

You should print and/or save a copy of this Agreement for your records. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.

If you need help printing or saving this document, or if you have any questions about this Agreement, please contact us. Updates to this Agreement will be sent electronically as further described within this Agreement.

WHEN YOU CLICK ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON.

4. Basic Internet Banking Services

  • Account Inquiries for balances, rates, etc.,
  • Transfers between your accounts at this Financial Institution,
  • Secure e-mails via the Service’s messaging system,
  • Payments on outstanding loans at this Bank,
  • Online share draft (check) reorders,

We may add or remove certain features and/or functionality available from time to time.

You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control. WE ARE NOT RESPONSIBLE FOR ANY DELAYS OR DIFFICULTIES YOU MAY HAVE IN ACCESSING THE SERVICE OR CERTAIN FEATURES.

5. Other Basic Internet Banking Features

Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery

Additional features within the Service include: check reorders, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure email to the Bank. Generally, requests received through the Service’s secure e-mail feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact us.

The secure file transfer feature within the Service provides a means for you to forward files to this institution in a secure manner. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed to you at or before the time of your request.

6. Fees

Basic Internet Banking Service: (view balances and account transfers) – No charge

There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.

You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

7. Requirements for Enrolling in the Service

In order to enroll in the Service:

  • You must have an Eligible Account with the Bank.
  • You must be a legal owner of any account registered for the Service.
  • Your account with us must be in good standing.
  • You must be 18 years of age or older.
  • You must be a resident of the United States or its possessions.
  • You must have a computer and Internet browser that will support 128 bit encryption. We support the most current versions of popular Internet browsers.
  • You will need Internet access through an Internet service provider.
  • You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures, and
  • You will also need your own email address for the delivery of electronic notices and disclosures.

Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.

If we revise hardware and software requirements, and if a material chance exists that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service and/or change your method of receiving disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.

8. Enrollment Process

You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll at our office.

The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process.

When you enroll for the Service, you agree to provide true and accurate enrollment information. We will verify the information you submit for accuracy and proper authorizations. In about one week, you will receive without unreasonable delay materials in the mail with additional information regarding your account activation and our Service. You may begin using the Service only after receipt of this information in the mail.

9. Linked Accounts

When you first enroll for the Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us or send us a secure email message through the Service.

10. Signature Requirements

When any transfer or payment instruction is initiated through the Service, you agree that we may debit the designated accounts without requiring your signature on the item and without any notice to you. As an exception to the conditions in prior agreements regarding dual accounts, requirements for dual signatures on checks, if applicable, do NOT apply to payments or other transfers initiated through the Service. However, any Authorized User must be authorized individually to make electronic transfer and payments even though that person’s authority to make transfers by other means may still require dual signatures.

11. Account Balances

Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cutoff time 2:30 PM CT to be effective the same Business Day.

The balances within the Service are updated periodically and the Service will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of processing a transaction to base our approval for account transfers.

12. Canceling or Changing Transfers

You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us via the Service; however, you can edit or change a transfer that is still “pending”, meaning that it has not been processed.

In order to cancel or change a pending transfer that has not yet been processed, use the following procedures:

If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.

For assistance, you can send us a secure e-mail through the Service or contact us by phone or in person.

If you need our assistance on making edits to recurring/future dated transfers, you can send us a secure email through the Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.

13. Transfer Limitations

You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at the Bank. You must have sufficient funds in your account to cover the amount of any online transfer on the scheduled date set for the transaction, or the transaction may not be processed.

Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as money market accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers authorized through the Service are counted toward the six permitted monthly transfers. Federal regulations currently place no limits on the number of transfers from your checking accounts. For all transfers, Anti-Money-Laundering and Bank Secrecy Act provisions apply.

14. Privacy

We understand how important privacy is to our accountholders. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service. Privacy Notice [Insert hyperlink to Policy]

It is our policy to treat your account information as confidential. Customer information will not be shared with nonaffiliated third parties except when permitted or required by law, in accordance with our Privacy Policy [Insert hyperlink to Policy here too].

15. Internet Security

The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, we will verify and compare your identity and authorization, against information associated with the Eligible Account

(s) that you request to be linked to the Service.

Access IDs and Passcodes - One of the main security features protecting the Service is the combination of both your unique Access ID and your unique passcode. During the enrollment process, you will be asked to select a unique Access ID, and then choose a passcode that will be used to gain access to the Service. You determine your own passcode, which is encrypted in our database. Neither the Bank nor our Service Providers have access to this information. The Service will automatically deactivate your account after three unsuccessful login attempts within a 24- hour time frame. If you have been disabled, please contact us for assistance in resetting your passcode.

Because your Access ID and your unique passcode are used to access your accounts, you should treat them as you would any other sensitive personal data.

  • You should carefully select an Access ID and a passcode that are hard to guess.
  • You should not use words based on your name, address or other personal information.
  • Do NOT use dictionary words. The “Help” link within the Service will offer tips on choosing a secure Access ID and Passcode that you can remember.
  • Keep your Access ID and passcode safe.
  • Memorize your Access ID and passcode and do NOT write them down.
  • You should also change your Access ID and passcode occasionally, such as every 90 days.
  • Take care that nonauthorized users do not gain access to your Access ID and passcode.
  • An Access ID and passcode should be changed immediately if you suspect that this information has been compromised. This can be done at any time from the “User Services” menu after you log on to the Service.

NEITHER THE BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSCODE. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY.

Encryption – The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using the Service. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.

Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

Certificate Authority - The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Instructions for upgrading your browser are located on the "Browser SSL Update" link, which is located on the Service login page. By clicking on the lock within the Service, you can view the certificate to ensure it’s valid.

Cookies - During your use of the Service, our Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use the Service. This cookie does not contain any personal information; it simply provides another level of security for the Service. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.

Additional Security Guidelines:

  • All Authorized Users should sign-off after every Service session; however, online sessions will automatically end after ten (10) minutes of inactivity. This to protect you in case you accidentally leave your computer unattended after you log-in.
  • The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
  • Routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive data to another third party or transmit a virus to other computers.
  • Use a firewall product (hardware and/or software). This is true whether or not you have a dial-up Internet connection or broadband Internet connection such as DSL or cable modem.
  • Keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched versions of browsers for accessing the Service.

16. Your Passcode Responsibilities

When you accept the terms and conditions of this Agreement, you agree not to give or make available your Access ID or passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers you authorize using the Service. If you permit other persons to use the Service, your passcode, or other means to access your account, you are responsible for any transactions they authorize.

If you believe that your passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 507-426-7242 during normal business hours. You can also contact us by sending a secure message through the Service.

IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR ACCESS ID OR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).

In addition to the security features described above, there may be other security related notices posted on the Bank's website or the Service from time-to-time. It is your responsibility to read all security notices.

17. Regulation E (Provisions Applicable Only to Consumer and Sole Proprietors)

In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:

Telephone us at : 507-426-7242 Write to us at : P.O. Box 509 Fairfax, MN 55332 Contact us by using the secure messaging feature within the Service.

You can also send us an email fnbfx@centurytel.net but this is not a secure email address; so please do not include any confidential or personal information when using this address.

For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.

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. The Service may revoke any provisional credit provided to you if we find an error did not occur.

(B)  Consumer Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Access ID or passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).

If consumer customers tell us within two (2) Business Days after you discover your password or other means to access your account 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 or should have learned 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 account 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 or given 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 extend the period.

(C)  Our Liability for Failure to Complete Transactions

The Service will use commercially reasonable efforts to make all your transfers and payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of ours, your Eligible Account(s) and/or Billing Account do not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
  2. The Service is not working properly and you know or have been advised by the Service or the Bank about the malfunction before you execute the transaction;
  3. Your Eligible Account(s), or Billing Account, is closed;
  4. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction;
  5. The transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
  6. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or

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

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or causes funds to be directed to a payee, which does not comply with your instructions, we shall be responsible for returning the improperly transferred funds to your Eligible Account(s), and for directing payment to the proper payee.

18. Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended from time-to- time. In such event, we will provide notice to you. This notice may be sent, given, or otherwise made available to you on our website. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related 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 applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

19. Electronic Disclosures

We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement in Section 7.

WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER SERVICE-RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.

You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at:

fnbfx@centurytel.net or by phone or in person.

If, in the future, electronic statements are made available within the Service, you may choose electronic only statements on the statements page within the Service. In addition, you can request paper copies of documents through the Service. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies. A fee may be charged.

You should print or save a copy of all disclosures delivered electronically.

After your completion of the registration process, we may send you an e-mail and ask you to confirm your e-mail address and your acceptance of this electronic Agreement by sending us a secure message through the Service. We may also ask you to print the disclosures and send us a signed acknowledgement that you have received and reviewed the required disclosures.

20. Address, E-mail, or Eligible Account Changes

When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e- mails and/or secure messages through the Service regarding important matters and/or changes to this Agreement. You must provide us with your current e-mail address in order for us to deliver this information to you.

It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, and phone numbers and e-mail addresses.

Changes can be made either within the Service in the "User Services" menu or by contacting us at 507-426-7242.

21. Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, you must contact us through any one of the following methods:

Telephone us at : 507-426-7242 Write to us at : P.O. Box 509 Fairfax, MN 55332 Contact us by using the secure messaging feature within the Service.

You can also send us an email fnbfx@centurytel.net but this is not a secure email address; so please do not include any confidential or personal information when using this address.

You will remain responsible for any fees associated with the Service prior to the effective cancellation date.

We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Access to the Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any activity using the Service for a period of 60 consecutive days, accessibility will automatically terminate.

After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must contact us in person.

22. Exclusions of Warranties and Limitation of Damages

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS THROUGH THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.

YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATION, AND OPERATION OF YOUR COMPUTER. THIS FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE.

THE FOREGOING SHALL CONSTITUTE THE FIRST NATIONAL BANK OF FAIRFAX A ND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.

23. Assignment

You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

24. No Waiver

The Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.

25. Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

26. Disputes

In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of the Bank and/or its Service Providers state, and the terms of this Agreement, the terms of this Agreement will prevail.

27. Waiver of Trial by Jury

The parties hereby knowingly, voluntarily, and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.

28. Ownership of Material

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

29. Governing Law and Relation to Other Agreements

Accounts and services provided by the Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America, without regard to the conflict of laws provisions of the State of Minnesota.

30. Terms of Agreements

Except as expressly provided for in this Agreement, this Agreement in no way supersedes, modifies, or suspends the terms of any contract already entered into between the Bank and the accountholder.

Additionally, by enrolling in the service, you agree to hold us harmless for any damage, data corruption, viruses, malware, and similar data transmission and/or computer access difficulties to the extent that you cannot prove by clear and convincing evidence that such difficulties occurred as a direct and proximate result of your enrollment and/or use of the Service.

Proceed with Enrollment for the Service.

By clicking on the "I Agree" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.

(If you do not agree, choose "the back arrow" at the top of the screen.)

If you click “back” you can still enroll at a later time by completing an application at our office. You will still be asked to accept the terms and conditions of this Agreement.

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