Electronic Banking Agreement

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Electronic Banking Agreement

This Agreement and Disclosure (the 'Agreement') contains terms and conditions governing the First Community Bank and Trust's First eBanc/First eBanc Mobile/First eBiz/First eBiz Plus/First eBiz Mobile (the ‘Electronic Banking Services'). You understand that by using one of these Services, you agree to the terms and conditions applicable to that Service which are set forth in the following pages.

When using the Electronic Banking Services in connection with accounts established primarily for personal, family, or household purposes ("consumer" or "personal" accounts), Sections I, II, III, and V (but not IV) apply, except where noted otherwise. When using the Services in connection with accounts established primarily for business purposes, Sections I, II, IV, and V (but not III) apply, except where noted otherwise.

I. General Information

A. Meaning Of Terms

As used in this Agreement, the following words have the meanings given below.

• ‘You' and ‘your(s)' refer to each person (including any business) who applies to use the First Community Bank and Trust Electronic Banking Services, and each person who uses one of these Services with the permission of an applicant.
• ‘Business' means any corporation, partnership, Limited Liability Company, sole proprietorship or any other type of entity maintaining a deposit account for commercial purposes.
• ‘We', ‘us', ‘I', ‘our(s)', ‘First Community Bank and Trust' or ‘Bank' refers to First Community Bank and Trust where your accounts are located which are accessed by the Service. 
• ‘Deposit Account' means a First Community Bank and Trust checking, savings, or money market account owned by a consumer, or a business checking account owned by a business.
• ‘Electronic Banking Services' means an electronic banking software program licensed from First Community Bank and Trust, including any future upgrades.  The program has been customized by First Community Bank and Trust to permit the account and transaction information downloading functions referred to in this document.
• ‘Service' means the First Community Bank and Trust First eBanc or First eBiz service for which you have applied.
• ‘Computing Device' refers to any personal or business computer, mobile phone or other technology used to access the Services described herein.
• ‘User's Guide' means the First Community Bank and Trust user's manual(s) or “how to" guide(s) that provide detailed information and instructions on how to use the Services.
• ‘Business Day' means Monday, Tuesday, Wednesday, Thursday, and Friday.  Saturdays, Sundays and banking holidays are not included.

B. General Description of Services

1. First eBanc, First eBanc Mobile First eBiz, First eBiz Plus, First eBiz Mobile

As is described more fully in the following pages, the First Community Bank and Trust Electronic Banking Services permit you, through the use of your computing device and special software, to:

1. access your designated First Community Bank and Trust deposit account(s) and loan account(s) to obtain balance and transaction information,
2. transfer funds between your First Community Bank and Trust deposit and loan accounts,
3. download First Community Bank and Trust deposit and loan account information directly to your computing device and
4. send electronic mail messages to the Bank and receive electronic mail from the Bank. 

2. First ePay Bill Payment Service

Through the Electronic Banking Services, First ePay Bill Payment Service allows you to use your computing device to direct payments to third parties, such as merchants you want to pay, from the checking account you designate as your “primary" account for this Service.

Through First eBanc and First ePay Bill Payment Service, Zelle allows you to use your computing device to direct payments to third parties, from the checking account you designate as your "primary" account for this Service. Zelle may only be used for person to person payments.

C. Registration; Authorization To Charge Accounts; Account Access

Each person or business who wishes to use one of the Services must register for the Service in his or her own name or in the name of the business, and must select a password to access their accounts. 

You may use the First Community Bank and Trust Electronic Banking Services to access deposit accounts at First Community Bank and Trust which you own (either individually or jointly with others or in the name of a business) and from which you have an unrestricted right to withdraw funds. The Bank reserves the right to limit the types of accounts that may be accessed. 

You are responsible for all transfers you or your authorized representative makes using the Services.  You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service.  You agree that transfer instructions may be entered by any one person who is authorized to conduct such transactions, not withstanding any provision contained in other documentation governing the account purporting to require more than one signature on items withdrawing funds from the account.

If you permit another person to use the Service or give them your access code and/or password, you are responsible for payments, transfers, or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.

D. Related Agreements

Before you use any First Community Bank and Trust Electronic Banking Services, you should read this Agreement, which describes the Services in greater detail.

Your First Community Bank and Trust deposit accounts accessed by the Service continue to be governed by the following First Community Bank and Trust documents, as they are amended from time to time:

1. Deposit Agreement and Disclosures,
2. the applicable Personal or Business Schedule of Fees, and
3. the applicable Miscellaneous Fees for Personal or Business Accounts.

If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.

E. Computing Device Requirements and Software

To use the Electronic Banking Services, you must use Microsoft Windows or Mac OSX. You must have an Internet connection, use a compatible Internet browser and use a compatible Operating System. Please contact us for the current list of compatible browsers and operating systems. 

Online help and documentation is available within the Electronic Banking Services site. Installation, maintenance, and operation of your computing device and its software are your responsibility.  First Community Bank and Trust is not responsible for any errors or failures from any malfunction of your computing device or its software, and is not responsible for any virus or related problems that may be associated with your use of the First Community Bank and Trust Electronic Banking Services.

F. Unavailable, Delayed or Inaccurate Account Information

The Bank strives to provide complete, accurate and timely account information through the First Community Bank and Trust Electronic Banking Services and via telephone.  However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed, or inaccurate.  With respect to electronic funds transfer problems; such as unauthorized transfers or the Bank's failure to properly complete authorized transfers, the extent of our liability is described elsewhere in this Agreement.

G. Disclosure of Account Information

We may disclose information to third parties about your account or the payments or transfers you make:

• When necessary for verifying or completing payments or transfers, or to resolve a problem related to a payment or transfer;
• To verify the existence and status of your account or a third party such as a credit bureau or merchant;
• To comply with government agency or court orders;
• If you give us your written permission (including e-mail).

II. Detailed Description of Services

Unless otherwise indicated, information in this section applies to all the First Community Bank and Trust Electronic Banking Services.

A. Service Availability

You may use the Service almost any time, day or night, seven days a week, by signing on to the Service and entering your access code and password. The Service will be temporarily unavailable from time to time for scheduled maintenance. Scheduled maintenance times will be posted on our website. There may also be unscheduled down time, but we will work to minimize such interruptions in service.

B. Online Banking Functions Available

Through the First Community Bank and Trust First eBanc Service, you can:

1. Access your designated First Community Bank and Trust accounts to obtain information.  There is no limit to the number of First Community Bank and Trust deposit or loan accounts that you can access through the First Community Bank and Trust First eBanc Service to obtain balance and transaction information. The First Community Bank and Trust First eBanc Service allows you to review transaction information during the current month and the previous month.
2. Download information from your First Community Bank and Trust deposit and loan accounts directly to your computing device, following the directions set forth in the online documentation.
3. Send electronic mail messages to the Bank and receive electronic mail from the Bank (see Paragraph K below).
4. Download account statements and or notices.
5. Transfer funds to and from your designated First Community Bank and Trust deposit and loan accounts that are related through the same registration.

Through the First Community Bank and Trust First eBiz and First eBiz Plus Services, you can:

1. Access your designated First Community Bank and Trust accounts to obtain information.  There is no limit to the number of First Community Bank and Trust deposit or loan accounts that you can access through the First Community Bank and Trust First eBiz Service to obtain balance and transaction information. The First Community Bank and Trust First eBiz Service allows you to review transaction information during the current month and the previous month (a maximum period of 60 days).
2. Download information from your First Community Bank and Trust deposit and loan accounts directly to your computing device, following the directions set forth in the User's Guide.
3. Send electronic mail messages to the Bank and receive electronic mail from the Bank (see Paragraph K below).
4. Download account statements and or notices.
5. Transfer funds to and from your designated First Community Bank and Trust deposit and loan accounts that are related through the same registration.
6. Issue stop payments on checks drawn on your accounts.
7. Originate direct deposit payroll (Requires First eBiz Plus).
8. Originate electronic federal tax payments (EFTPS).
9. Deposit checks. Restrictions apply. Refer to separate Terms and Conditions disclosure.

C. Mobile Banking Functions Available

Through the First eBanc Mobile Banking Service, you can:

1. Access your designated First Community Bank and Trust accounts to obtain information. There is no limit to the number of First Community Bank and Trust deposit or loan accounts that you can access through the First Community Bank and Trust First eMobile Service to obtain balance and transaction information. The First Community Bank and Trust First eMobile Service allows you to review transaction information during the current month.
2. Transfer funds to and from your designated First Community Bank and Trust deposit and loan accounts that are related through the same registration.
3. Deposit checks. Restrictions apply. Refer to separate Terms and Conditions disclosure.

D. Limits on Transactions

There is a maximum dollar limit on any payment or transfer equal to the available balance in your deposit account. Line of credit transfers are limited to the available balance on the credit line.

E. Options for Scheduling Transfers

You can generally enter a transfer through the Service 24 hours a day, seven days a week (see ‘Service Availability' section above). You may schedule transfers to be initiated on the date that we receive the information you send us, subject to the following qualification. If the session during which you schedule a payment or transfer ends by 5:00 p.m. Central Time on one of our business days, the transfer will be considered to have been received on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Service, the time is recorded on the Bank's computer controls.

First Community Bank and Trust Electronic Banking Service customers may also schedule transfers to be initiated in the future. Those transfers can recur at regular intervals (a ‘fixed' transaction).  A ‘variable' transaction is any transfer other than a ‘fixed' transaction, i.e., one that you have not scheduled to recur at fixed intervals.  

If the scheduled date of any transfer falls on a day other than one of our business days, we will not initiate the payment or transfer or deduct the amount from your account until the next business day.

If you schedule a payment or transfer as a ‘fixed' transaction that is to recur on the 28th, 29th, 30th, or 31st day of the month, our computers will initiate the transaction on the last day of each month, regardless of the number of days in the month.  For example, the transaction would be initiated on January 31, the last day of February, March 31, April 30 and so forth.

F. Transfers between Accounts and Availability of Transfers

Consumer customers may designate First Community Bank and Trust personal checking, savings or money market accounts, personal home equity loans, and sole proprietor Commercial Plus Checking accounts, between which you can transfer funds electronically using the Services.  Business customers (other than sole proprietors with accounts related to their personal registration) currently may transfer funds only between accounts held by the same owner.  You must be an owner of and have the unrestricted right of withdrawal from all accounts to or from which you request a transfer.  We reserve the right to deny transfers between certain types of accounts under certain circumstances.

Transfers are not available from credit accounts directly to deposit accounts, or vice versa, except if:

1. the bank allows such transfers from your specific credit account to take place; or
2. if you are a First Community Bank and Trust First eBanc customer with a First Community CLUB® Checking account and have established a savings account relationship with your First Community CLUB® Checking account for automatic overdraft protection, a transfer from your checking account which would create an overdraft will result in an advance under your overdraft protection savings account up to the available balance therein, in increments established in the agreement governing such lines of credit.

In order to make a ‘fixed' (recurring) or ‘variable' transfer, funds must be available in the account from which you want to make the transfer on the date the transfer is scheduled to take place. If the scheduled date falls on a Saturday, Sunday, or holiday, the transfer will be initiated on the following business day (e.g., Monday) and funds must be available on that date.

Transfers that are sent to us through your computing device before 5:00 p.m. central time will be available in the First Community Bank and Trust account to which the funds are transferred for payment of items presented through the collection process that day.

G. Restrictions and Fees on Transfers from Money Market Accounts or Savings Accounts

Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a money market account or savings account; however, you may make no more than six transfers or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at banking centers). Transfers made by telephone, computing device or funds automatically transferred from a money market account or savings account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions more than three times during a 12-month period, we will close the money market account or savings account and transfer the funds to a checking account.

H. Bill Payments; Availability; Allowing Sufficient Time

All payments to third parties will be deducted from the account that you designate as your ‘primary' checking account for the Service. There can only be one primary account with bill payment capability per registration. Sole proprietors who elect to relate their business account(s) with their personal registration must choose a personal account as primary.

Any obligations that you wish to pay through the Service must be payable in US dollars to a payee located in the United States.  Each payee must appear on the payee list you create with us. We reserve the right to restrict categories of payees to whom payments may be made using the Service from time to time.

Funds must be available in your primary checking account on the scheduled date. If the date you schedule a payment to be initiated falls on a non-business day, funds must be available in, and will be deducted from, your primary checking account on the following business day. After funds are withdrawn from your primary checking account, the payment will be made by transferring funds electronically to the payee, or by mailing to the payee a check drawn on a payment account maintained for that purpose. In most cases, the remittance of funds to the payee will occur on the next business day after the funds are deducted from your account.

For all payments, you agree to allow at least six (6) business days between the business date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice provided in your agreement with the payee, not taking into account any applicable grace period). 

You must allow sufficient time for the payee to receive the payment and process it before the payment due date. If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you properly schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to attempt to have any such action reversed.

The Bank is responsible only for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank is not liable in any way for damages you incur for failure to have sufficient funds in your account to make the payment on the processing date, for delays in mail delivery, for changes in the merchant's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any merchant to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.

I. Insufficient Funds

If your checking account does not have sufficient funds to issue a payment as of the date the payment is scheduled to be deducted, you will be charged a fee, and no further attempt will be made by the Bank to issue the payment. (The amount of the fee is set forth in our separate Fee Schedule). The Bank is under no obligation to notify you if it does not complete a payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment, or for rescheduling the payment through the Service.

In the case of fixed (recurring) payments, only the payment currently scheduled will be missed. Fixed payments scheduled for future dates will not be affected, as long as your account has sufficient funds at such times.

J. Canceling or Changing Your Transfers

The best way to cancel or change a transfer is to use the Service on which you entered the transaction (but not including e-mail). Transfers may not be changed or canceled using the Service after 5:00 p.m. central time on the business day the transaction is scheduled to be initiated.

If you do not use the Service to cancel or change a transfer, or if you send the Bank an e-mail message to change or cancel a transfer rather than to directly enter the transaction using the Service, we must receive your request at least three business days before the date the transfer is scheduled to be initiated.  You may call one of our representatives at First Community Bank and Trust 1-708-946-2246 or you can write to: First Community Bank and Trust, P.O. Box 457, Beecher, IL 60401-0457. If you call, we will require that you send us a written confirmation of your request within 14 days after your call. If we do not receive such a request to cancel a transfer at least three business days before it is to be initiated, the Bank will not be liable for any losses or damages incurred by you if the transfer was not canceled or changed.

K. Documentation and Verification of Transfers

For the First Community Bank and Trust Electronic Banking Services, transactions that were successfully received by the Bank will appear in the transfer log in the Software. Information regarding electronic banking transactions will also be shown on your printed monthly statement for the account to or from which the transfers are made.

L. Address and Telephone Number for Notification of Unauthorized Use, Transfer Problems, etc.

If you believe your password has become known by an unauthorized person, or that someone has transferred money without your permission, you may call First Community Bank and Trust at: 1-708-946-2246, or write to: First Community Bank and Trust, P.O. Box 457, Beecher, IL 60401-0457.  If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.

Also contact us with any other questions or problems that you may have regarding the Services, including:

1. you have a problem with a transfer you authorized, or your statement reflects a transfer you think is in error.
2. you need to request a stop payment or obtain documentation concerning a transfer previously issued from your account. (There may be a fee for these requests. Refer to separate Fee Schedule). Our representatives are available to assist you Monday through Friday from 8 a.m. to 6 p.m. central time, and Saturday from 8 a.m. to 12 p.m. central time.

M. Other Questions or Problems

If you have an inquiry regarding the Software, such as installation, printing, or any other software related function (e.g., setting up an account, transferring money, reconciling an account, or generating a report), you should call First Community Bank and Trust, at 1-708-946-2246.

If you have a question involving general information about your deposit account, such as balance information, transactions other than those conducted through the Service, interest earned, stop payments on paper checks, or if you believe an error other than an electronic funds transfer problem has occurred concerning a deposit account, you can call First Community Bank and Trust Customer Service at 1-708-946-2246 or 1-708-258-0530.  You can also refer to your monthly deposit account statement for instructions regarding how to have us resolve your question.

N. Electronic Mail

If you send the Bank an electronic mail message using the First Community Bank and Trust First eBanc or First eBiz Service, the Bank will receive it on the following business day.  You agree that we may take a reasonable time to act on any email.

You should not rely on electronic mail if you need to communicate with the Bank immediately - for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to stop or change a payment or transfer that is scheduled to occur.

The Bank strongly recommends that you not use electronic mail to notify us of any stop payment requests you wish to make on paper checks. To ensure the most expeditious handling, stop payment requests on checks should be made by issuing a Stop Payment Request in First eBiz or by calling the Bank if you are a First eBanc user. The bank also strongly recommends that no fund transfer requests be made by email. You agree that the Bank may respond to you by electronic mail with regard to any matter related to the First Community Bank and Trust Electronic Banking Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by the Bank shall be considered as if it were sent by U.S. Mail, postage prepaid, and shall be considered received within three days of the date sent by the Bank, regardless of whether you sign on to the Service within that time frame.

O. Inactivity or Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.  We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any required fee when due, if you do not comply with this Agreement or the agreements governing your deposit accounts or your deposit account is not maintained in good standing. If you are not paying a monthly service charge for the Service, we may convert your Service to dormant status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period. If your account is considered dormant, you must contact us to have the Service reactivated before you will be able to schedule any transaction through the Service. (You may call to reactivate your Service at the telephone number for the First Community Bank and Trust 1-708-946-2246 or 1-708-258-0530) If you are not paying a monthly service charge for the Service, after 180 consecutive days of inactivity, your Service may be terminated without further notice.

P. Change in Terms

We will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this Agreement, if the change would result in increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. As a First Community Bank and Trust Electronic Banking Services customer, we may send any such notice to you only via electronic mail, and you will be deemed to have received it three days after it is sent.

Q. Entire Agreement

This Agreement, as it may be amended from time to time, together with any other documentation incorporated herein by reference, contains the entire understanding between you and First Community Bank and Trust concerning the Services and supersedes any verbal conversations, other communications, and previous agreements, if any.

III. Additional Provisions Applicable Only to Consumer Accounts

When you use the Services in connection with consumer (personal) accounts, the information in this section applies to you.

A. Your Liability for Unauthorized Use

You will tell us immediately if you believe your password has become known to an unauthorized person or if an unauthorized transaction has occurred involving your account. Telephoning is the best way of keeping your possible losses to a minimum.

If you tell us within two business days after you learn that your password may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your password without your permission to initiate a transaction. If you do NOT tell us within two business days, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could be liable for as much as $500.00.

Also, if your statement shows electronic funds transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

B. Bank's Liability for Failure to Make Payments/Transfers

If we do not send a payment or make a transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement, we will be liable for your approximately caused damages. However, there are some exceptions. We will not be liable, for instance, if:

1. Through no fault of ours, your account does not contain enough money to make the payment or transfer.
2. You have not properly followed the scheduling instructions on how to make a payment or transfer contained in this Agreement or the User's Guide.
3. Your computing device, the Software, phone lines, or the bank's computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the payment or transfer.
4. Circumstances beyond our control prevented the payment or transfer, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, telecom outages, power outages, postal strikes, fires, floods and other natural disasters.
5. We have placed a “hold" on funds in your account or remitted funds to another party with your knowledge, pursuant to reasonable business procedures, or in compliance with legal process such as garnishment, tax levy, court order, etc.
6. We have received incomplete or inaccurate information from you or a third party involving the account, payment or transfer.
7. We have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring.
8. The payee does not process a payment or transfer promptly or correctly.
9. You or we have terminated this Agreement or closed the account.
10. There may be other exceptions stated in our agreements with you.

C. Errors or Questions

In case of errors or questions about your electronic transfers or bill payments, call First Community Bank and Trust immediately at 1-708-946-2246 or 1-708-258-0530, or write to: First Community Bank and Trust, P.O. Box 457, Beecher, IL 60401-0457.

If you think your statement is wrong or if you need more information about a payment or transfer listed on the statement, contact us as soon as possible. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared, and you must:

1. tell us your name and account number,
2. describe the error or payment/transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need information, 
3. tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint or question in writing within ten business days; we may require you to provide your complaint in the form of an affidavit.

We will tell you the results of our investigation within ten business days (20 business days if you initiated the transaction from outside the United States) and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if you initiated the transaction from outside the United States) to investigate your complaint or question. If we decide to do this, we will provisionally recredit your account within ten business days (20 business days if you initiated the transaction from outside the United States) for the amount you think is in error, so that you will have the use of your 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 days, we may not provisionally recredit your account.

If we determine that there is no error, we will send you an explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

As a First Community Bank and Trust Electronic Banking Services user, you agree that the Bank may respond to you by electronic mail with regard to any claim of error or unauthorized electronic funds transfer or any question related to the Service. You will be deemed to have received any such electronic mail within the time frame stated in Section II, Paragraph N above.

IV. Additional Provisions Applicable Only to Business Accounts

When you use the Services in connection with business accounts, the information in this Section IV applies.

A. Enrollment Form and Certification of Authority

Before using the Services, you must execute and deliver to us a First eBiz or First eBiz Plus Enrollment Form, which includes a Certification of Authority. This enrollment form is incorporated by reference as part of this Agreement.

B. Protecting Your PIN and One-Time Password Token

You agree that we may send confidential mailings to the current address shown in our records for the primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that First Community Bank and Trust will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to:

1. keep your PIN and Token secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s);
2. instruct each person to whom you give your PIN and Token that he or she is not to disclose them to any unauthorized person; and
3. immediately notify us and select a new PIN if you believe your PIN may have become known to an unauthorized person.

The Bank shall have no liability to you for any unauthorized payment or transfer made using your Token that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Token, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.

C. Your Obligation to Examine Records and Report Discrepancies

The Bank provides no separate written confirmation of individual transfers. Confirmation is provided through online information available from the Service and through your periodic mailed account statements. You agree to examine your statements promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy.

D. Acknowledgment of Commercially Reasonable Security Procedures

By using the Service, you acknowledge and agree that this Agreement set forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).

E. Limitation of Bank's Liability

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest.  If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 365-day year.

Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.

V. Schedule of Fees for the Electronic Banking Services

We may charge you a monthly service fee for use of the Service. The cost of the First Community Bank and Trust Electronic Banking Services software, and the amount of the monthly service fee is set forth in the schedule of fees.

If you exceed the number of permitted transfers or withdrawals from a money market account (see Section II, Paragraph F above), if you do not have sufficient funds in your account when we attempt to process a transfer, or if you ask us to stop a payment (see Section II, Paragraph G), other fees apply. For Business customers who pay per item charges for debits and credits in excess of a certain number each month (as described in the information you received with your account), transactions conducted through the Services are counted towards the monthly total.

All fees related to the First Community Bank and Trust Electronic Banking Services will be automatically deducted from the ‘primary' checking account registered for the Service. If you do not have sufficient funds in your account on the date the fee or charge is payable, your account may become overdrawn and any additional charges which apply to an overdrawn account may apply. We will continue to charge your account for the monthly service fee on either the last day of each month or the date that your statement cycles until the Service is discontinued. At our option, with or without notice to you, we may for promotional or other reasons waive any normal fee on one or more occasions, and you agree that such instances shall not create any expectations on your part of future waivers.

There is only one monthly fee due if the primary account is a joint personal account, unless a joint account holder also establishes a second registration and primary account from which bills are to be paid. In that case, the second account will be separately charged any applicable fees. 

Schedule of Fees

The Fee Schedule is given at the time of account opening or contact us for one at (708) 946-2246 or (708) 258-0530.

VI. External Transfers - General Terms of Each Service

1. Introduction. This Terms of Service document (hereinafter "Agreement") is a contract between you and First Community Bank and Trust (hereinafter "we" or "us") in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a "Service") offered through our online banking site or mobile applications (the "Site"). The Agreement consists of these General Terms for Each Service (referred to as "General Terms"), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the 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. Service Provider and certain other capitalized terms are defined in a "Definitions" Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.

3. Amendments. We may amend this Agreement and any applicable fees and charges for the 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 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 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 Service, and/or related applications and material, and limit access to only the Service's more recent revisions, updates, upgrades or enhancements.

4. 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 Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).

5. 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 rights and responsibilities under this Agreement to independent contractors or other third parties.

6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: First Community Bank and Trust, 1111 Dixie Highway, Beecher, IL 60401. We may also be reached at 708-946-2246 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.

7. 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 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 Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) 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 6 of the General Terms 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 Service if you withdraw your consent to receive electronic communications.

8. 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.

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

10. Your Privacy. 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.

11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

12. Eligibility. The 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 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 Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
2. Payments that violate any law, statute, ordinance or regulation; and
3. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
4. Payments 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
5. Payments 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
6. Payments 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, equities, 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 (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
7. 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 payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

14. 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 Service, regardless of the purpose of the use, and for all communications you send through the 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 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 Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the 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 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, 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 through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.

16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms 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 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 payments 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 will extend the time periods specified above to a reasonable period.

17. 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.

18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment 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 Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment 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 Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

1. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment 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;
    
2. 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 Payment 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 payment, 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;

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

19. 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 Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each 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 Service, to authenticate you when you log in, to send you information about the 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 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 Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:

1. 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.
2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(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 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.

22. Errors, Questions, and Complaints.

1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
    
2. 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.
3. 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.

23. Intellectual Property. All other marks and logos related to the 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 Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and 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 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.

24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the 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 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.

25. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the 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 Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

26. 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 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 Service for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

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

28. 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.

29. 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 28 of the General Terms 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 28 of the General Terms 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.

30. 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 Service.

31. 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 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.

32. 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.

33. Exclusions of Warranties. THE SITE AND 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 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.

34. 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 SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE 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 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 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS 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.

35. 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 Service and the portion of the Site through which the 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 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, 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.

36. Definitions.

1. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
    
2. "Affiliates" are companies related by common ownership or control.
    
3. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
    
4. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
    
5. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
    
6. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
    
7. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS

1. Description of Service, Authorization and Processing.

1. The term “Transfer Money Terms" means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "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.

2. 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.
3. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. 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 5 of the Transfer Money Terms (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 5 of the Transfer Money Terms (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. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
4. 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 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 6 of the Transfer Money Terms 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.
5. It is your responsibility to ensure the accuracy of any information that you enter into the 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.

2. Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.

3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).

4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 22 of the General Terms. 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.

5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the 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 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 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the 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 18 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.

6. 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.

7. Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail 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. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.

8. Definitions

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

"Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

"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.

"Transfer Instruction" is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of funds.