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Terms and ConditionsState Bank & Trust of Kenmare
Online Banking Users Agreement
Please read carefully the Online Banking Users Agreement FOR STATE BANK & TRUST OF KENMARE Online Banking SERVICES below. The agreement includes disclaimers of liability and other matters of interest to users. By accepting the terms and conditions you agree to this Agreement which includes a consent to future amendments of the Agreement. By not accepting these terms and conditions you will not be able to use State Bank & Trust of Kenmare Online Banking Services.
WHAT THIS AGREEMENT COVERS
This Online Banking Agreement (this “Agreement”) states the terms and conditions for Online Banking offered by State Bank & Trust of Kenmare (the “Bank”). When you use, or you permit any other person(s) to use, Online Banking (collectively, “Online Services”, you agree to the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any account you have with the Bank. This Agreement is an addendum to the existing Loan and/or Deposit Account Agreement that you received when opening your account, as amended from time to time. The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account and loan agreements you have with us in the event of a conflict.
This Agreement is subject to applicable federal laws and the laws of the state applicable to State Bank & Trust of Kenmare (except to the extent that this Agreement can and does vary such rules or laws). If there is a conflict between this Agreement and something said by one of our employees, we will follow this Agreement. You agree to this method of settling any differences.
Terms Used in this Agreement
As used in this Agreement, “you” or “your” refers to each person(s) subscribing to, using or accessing Online Services; “we”, “us” or “our” refers to the Bank or any agent, independent contractor, designee, or assignee the Bank may, in its sole discretion, involve in the provision of Online Services. "Account" refers to any Consumer Account maintained at a FDIC insured State Bank & Trust of Kenmare.
Accepting this Agreement
You understand that by using State Bank & Trust of Kenmare Online Banking you have agreed to the terms and conditions of this Agreement and that no written signature by you is required on this Agreement. Clicking "I agree" constitutes your acceptance of this Agreement. You agree to use State Bank & Trust of Kenmare Online Banking solely as provided in this Agreement and the applicable online instructions. When any transfer, payment or Available Service generates items to be charged to your State Bank & Trust of Kenmare Account, you agree that we may debit your Account without requiring your signature on the item and without prior notice to you.
Fees. The Bank offers the benefit and convenience of Online Banking Service free of charge. The use of the Bill Pay feature may impose some fees to the consumer. Please refer to the Bill Pay section of this agreement.
Changes in Terms/Fees
We may change the State Bank & Trust of Kenmare Online Banking Available Service and the terms, including fees, set forth in this Agreement at any time. We will notify you of any such change, as required by applicable law, either by mail or by secure messaging. You understand that by using State Bank & Trust of Kenmare Online Banking after a change becomes effective, you have agreed to it.
In the event that you experience a problem with your Online Banking Account Number or PIN, or believe that they have been lost, stolen or compromised, please contact the Bank by calling 701-385-4287 or by sending us a secure message using Online Banking.
Online Banking. You must have a personal or business checking, savings, loan or time deposit account at the bank, and access to the Internet to use Online Banking Services. You are solely responsible for having the required hardware and software and for securing an Internet service provider. State Bank & Trust of Kenmare reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances. To use Online Banking and perform a transaction, you will need an Account Number and PIN. You will receive your Account Number and PIN from the Bank. You will be required to change your PIN the first time you log on to Online Banking. You can change your PIN any time. For your protection, your PIN is case sensitive, must be at least 9 characters and must include both numbers and letters. You will be required to change your PIN every 60 days.
You authorize the Bank to follow any instruction entered through Online Banking using your Account Number and PIN. You should treat your Account Number and PIN with care and secrecy to protect your financial data. You agree not to give your Account Number and PIN to any other person. You are responsible for keeping your Account Number and PIN secure.
Protecting Your State Bank & Trust of Kenmare Account Number and PIN. Use of your Online Banking Account Number and PIN is the agreed security procedure to access Online Banking Services. In order to prevent unauthorized access to your account and to prevent unauthorized use of Online Services, you agree, by using Online Banking and/or Bill Pay, to keep confidential, and to not give or make available your Account Number and PIN to any person not authorized to access your accounts. The loss, theft or unauthorized use of your Account Number and PIN could cause you to lose some or all of the money in your account. State Bank & Trust of Kenmare does not maintain a record of your PIN. If you disclose your Account Number and/or PIN to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and Bill Payments you authorize using Online Services. If you permit any other person(s) or entity to use Online Services or to access or use your Account Number and/or PIN, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us of any unauthorized use of your Account Number and/or PIN or of any other breach of security, or if you believe someone may attempt to use Online Services without your consent or has transferred money without your permission. You can contact us by calling 701-385-4287. You are responsible for keeping your Account Number and PIN confidential, and for ensuring that you have logged out of State Bank & Trust of Kenmare Online Banking when your session is complete to prevent unauthorized persons from accessing your information. You agree that you will be the only user of your Account Number and PIN, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of State Bank & Trust of Kenmare Online Banking and any fees associated with use of other services accessed through your account whether or not authorized by you. Please use maximum caution in protecting your Account Number and PIN from disclosure to anyone else. If you share your Account Number and/or PIN with people who are not authorized signors on your Account, you are authorizing that other person to act on your behalf and State Bank & Trust of Kenmare may accept any instructions from that person regarding transfers and/or other account transactions. Additionally, you agree that State Bank & Trust of Kenmare's records will be final and conclusive as to all questions concerning whether or not your PIN was used in conjunction with a particular transaction. Contact us immediately at 701-385-4287, if you believe that your PIN, computer or software has been lost or stolen, or that someone may attempt to use State Bank & Trust of Kenmare Online Banking without your consent or has transferred money without your permission.
Equipment. You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing Online Services and any fees related thereto. The Bank will not be responsible for any errors or failures from the malfunction or failure of hardware, software or any Internet access services on any personal or public computer. State Bank & Trust of Kenmare is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.
What You Can Do. You may perform the following transactions:
a. Balance Inquiries. You may use Online Banking to check the current balance, view account transaction history and other account information on all your deposit accounts, loan accounts, and time deposit accounts.
b. Withdrawal Transaction. You may use Online Banking to perform an unlimited number of funds transfers from your Bank checking or savings accounts to other Bank checking or savings accounts held at State Bank & Trust of Kenmare. A transfer requested through State Bank & Trust of Kenmare Online Banking before the transfer cutoff time on a business day will generally be posted to your State Bank & Trust of Kenmare Account the same day.
**Note: Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Online Banking Service are preauthorized transfers and are counted against the permissible number of transfers described in the Deposit Agreement.
c. Statement Inquiries. You may use Online Banking to view and print your deposit account statements.
d. Download to financial software. You may use Online Banking to receive and download (to Quicken and QuickBooks) balance and transaction information for State Bank & Trust of Kenmare accounts.
e. Customer Service. You may communicate with the Bank by using a computer to send and receive written messages electronically. Do NOT email confidential information directly to an employee’s email address. Please communicate all inquiries to our secure customer service site via secure messaging. Secure messages transmitted to us will be checked at 3:00pm CDT daily. Please allow 24 hours for a response (no later than next business day). If you need to contact us immediately, you should call us at 701-385-4287.
Adding and Removing Accounts. If you wish to add or remove an account from Online Banking, you may stop in, call us or send a secure message to a customer service representative through the Bank’s secure customer service site.
Business Days/Hours of Operation. The Bank’s business days are Monday through Friday, except Bank holidays. Online Banking and Bill Pay are available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. All Online Banking transactions initiated after 3:00 p.m. CDT will be posted to the appropriate account on the next Business Day. Because of our daily processing requirements, there will be a period of about 15 minutes per business day when you will not be able to post transfers to your account. Generally, that downtime will occur between 3:15 p.m. and 4:30 p.m. Central Time.
Cookies
In order to help provide better service and to help address security risks, State Bank & Trust of Kenmare will occasionally use a "cookie". A cookie is a small piece of information that a website stores on your computer and can later be retrieved. The cookie used by State Bank & Trust of Kenmare cannot be read by a web site and does not contain information that will enable anyone to contact you via telephone, e-mail or regular mail. State Bank & Trust of Kenmare uses cookies for administrative purposes. Most cookies last only through a single session or visit. You can set up your web browser to inform you when cookies are set or to prevent cookies from being set; however, cookies are necessary to the operation of State Bank & Trust of Kenmare Online Banking.
Providing Personal Information
You agree to provide true, accurate, current and complete information about yourself as requested, and you agree to not misrepresent your identity.
No Illegal Use of State Bank & Trust of Kenmare Online Banking
You agree not to use State Bank and Trust of Kenmare Online Banking to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with State Bank & Trust of Kenmare Online Banking. You acknowledge that you are aware that certain services of other parties that may be accessible through State Bank & Trust of Kenmare Online Banking may contain material that is unsuitable for minors (person under 18 years of age), and you certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law. Because normal Internet e-mail transmissions may not be secure, you agree to contact us electronically only through Secure Messaging. You also agree to receive communications regarding your account through secure messaging and will not attempt to circumvent receiving any messages. You are deemed to have received any secure messages sent to you when they are made available to you. You may print a copy of such communications using the "print" function of your software, or you may request that State Bank & Trust of Kenmare mail you a paper copy of such communication by contacting Customer Service at 701-385-4287.
State Bank & Trust of Kenmare Online Banking Accounts Accessible by More than One Person
If your Account(s) is owned by more than one person or is accessible by one or more Authorized Representative(s), each owner or Authorized Representative may individually access the Account(s) in State Bank & Trust of Kenmare Online Banking. Each owner or Authorized Representative needs a unique ACCOUNT NUMBER and PIN. The terms of this Agreement will apply to each person.
If you have requested that we add an Authorized Representative or Authorized Signer to your Account, that individual is authorized on such terms, conditions and agreements as we may from time to time require to:
*Enter into this Agreement, as amended from time to time;
*Access each Account of yours in any manner and for any purpose available to you
now or at some time in the future; and
*Use any State Bank & Trust of Kenmare Online Banking service, in any manner and
for any purpose now available or available at some time in the future.
Limitation of Access/Security. The Bank may terminate Online Banking and Bill Pay in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to Online Banking and Bill Pay at any time. Access through State Bank & Trust of Kenmare Online Banking, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. In order to maintain secure communications and reduce fraud, you agree to protect the security of your Online Banking Account Number and PIN. We reserve the right to block access to Online services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be compromised or are being used or may be used by an unauthorized person(s). Your access to Online Banking will be terminated automatically if all of your accounts accessed through Online Banking are closed.
STATE BANK & TRUST OF KENMARE Bill Pay ONLINE BANKING SERVICE
Bill Pay. If you enroll for Bill Pay, you can arrange for the payment of your current, future, and recurring bills from a designated State Bank & Trust of Kenmare checking account. Accounts that require two or more signatures or authorizations to withdraw or transfer funds may not be used as a State Bank & Trust of Kenmare Bill Pay Account.
The maximum amount is $9,999.99 for a single transaction and $20,000.00 for a daily transaction total. You can pay any merchant or individual approved through Bill Pay. Use of the Bill Pay Service includes up to six (6) bill payment transactions per month free of charge. If you exceed six (6) transactions per month, you agree to pay a $1.00 per transaction overage charge.
You are responsible for completing all required fields completely and accurately. State Bank & Trust of Kenmare Bill Pay is intended only for your use as a subscriber for such Service. Any attempt to use State Bank & Trust of Kenmare Bill Pay to process payments for third parties is prohibited and grounds for termination of your Bill Pay Service. When Bill Pay receives payment instructions, payments will be remitted on your behalf from the funds in your designated State Bank & Trust of Kenmare checking account. Current dated payments will be processed that same day at 3:00pm CDT (assuming Monday – Friday) or next processing day if payment is initiated on a Saturday, Sunday, or a Bank holiday. Future dated single payments and recurring payments scheduled for a weekend or a holiday will be processed the business day following the scheduled date. Any payments made with Bill Pay require sufficient time to be processed. YOU MUST SCHEDULE YOUR PAYMENTS ACCORDING TO THE ESTIMATED TIME OF DELIVERY GIVEN BY THE BILL PAY SYSTEM. State Bank & Trust of Kenmare shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees.
Each Account owner is jointly and severally responsible for paying any overdrafts created by any Authorized Representative of the Account, whether or not the owner participates in the transaction or benefits from its proceeds. If there are insufficient funds in your designated State Bank & Trust of Kenmare checking account on the payment date, your bill will not be paid. If your payment request is returned because of insufficient funds in your designated State Bank & Trust of Kenmare checking account, this will cause a block to your bill pay account. All scheduled payments will be cancelled and the account will remain blocked for 5 days after resolution. You must reschedule cancelled payments. There is a $25.00 charge per item that is returned due to insufficient funds. You are responsible for any loss or penalty that may occur due to a lack of sufficient funds and other conditions that may prevent the withdrawal of funds from your account.
Should you need to place a Stop Payment on any payment that has not been processed you will need to call Metavante Client Support toll free at 866-453-3541. Client Support is available 24 hours a day, 7 days a week. Your designated State Bank & Trust of Kenmare checking account will be billed $25.00 for each stop payment made.
You have the opportunity to order a CD which includes your bill pay transactions for a specified period of time. You agree to pay a $25.00 charge for each CD ordered. For details of this service contact State Bank & Trust of Kenmare.
If an enrolled user does not have listed payees/inactivity for 60 days, State Bank & Trust of Kenmare has the right to deactivate your Bill Payment Account. Reenrollment would require State Bank & Trust of Kenmare approval and may be subject to a fee.
Payee Information
Payee information is retained in State Bank & Trust of Kenmare Bill Pay and can be retrieved by you at any time. Additions, deletions, and changes to Payee information can be made by you at any time, subject to the timing requirements noted in the online instructions. Payee information in State Bank & Trust of Kenmare Bill Pay is used solely for the purpose of processing payments from your State Bank & Trust of Kenmare Accounts. Payee information is subject to State Bank & Trust of Kenmare's Privacy Policy as described in the Disclosure of Information section of this Agreement. The date the payment is to be sent by us, whether electronically or by check, is called the “Send On” Date. When we receive a payment instruction (for the current or a future date), we will make payment to the payee on your behalf from the funds in your State Bank & Trust of Kenmare Account on Send On Date.
No Duty To Monitor Payments.
We do not have any duty to monitor the payments that are made through State Bank & Trust of Kenmare Bill Pay. If an Authorized Representative of yours uses your Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use.
Our Liability for Failure to Complete Payment or Transfers
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
1. If, through no fault of ours, you do not have enough money available in the account from which a payment or transfer is to be made or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any account.
2. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
3. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
4. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it’s due.
5. If the money in the account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
6. If the failure was caused by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized.
7. For incidental or consequential damages.
Our sole obligation to you arising out of non-availability, interruption, or delay in providing services, shall be to use commercially responsible efforts to resume availability of State Bank & Trust of Kenmare Online Banking.
Liability for Unauthorized Transfer. Tell us AT ONCE if you believe your Online Banking Account Number or PIN has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your Account Number or PIN, you can lose no more than $50.00 if someone used your Account Number or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Account Number or PIN, and we can prove that we could have stopped someone from using your Account Number or PIN without your permission, if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make tell us at once. If you do not tell us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If good reason (such as long trip or hospital stay) kept you from telling us we will extend the time periods. If you believe that your Account Number or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (701)385-4287 or write State Bank & Trust of Kenmare, P.O. Box 727, Kenmare, ND 58746.
Errors and Questions. In case of Errors or Questions about your Electronic Transfers, Telephone us at (701)385-4287, or write us at State Bank & Trust of Kenmare, P.O. Box 727, Kenmare, ND 58746 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we made the FIRST statement available to you on which the problem or error appeared.
* Tell us your name and account number
* Describe the error or the transfer you are unsure about, and explain as clearly as
you can why you believe it is an error or why you need more information.
* Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the result within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
YOUR LIABILITY
In General
You authorize us to credit or charge your Accounts for all payments and transfers initiated through State Bank & Trust of Kenmare Online Banking under your PIN. You are liable for all of these transactions and for all unauthorized transactions to the extent permitted by applicable state and federal law.
Electronic Fund Transfer Regulations For Consumers
State Bank & Trust of Kenmare Online Banking enables you to transfer funds to or from your State Bank & Trust of Kenmare Accounts. The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to certain transfers, called "Electronic Funds Transfers" ("EFT") which apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account. Your Rights and Responsibilities are fully described in our Electronic Fund Transfers disclosures that have been separately provided to you.
OUR LIABILITY
Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Available Accounts and your use of State Bank & Trust of Kenmare Online Banking. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Accounts or State Bank & Trust of Kenmare Online Banking. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the online services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the online services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
• is not in accordance with any term or condition applicable to the relevant Online Financial Service or eligible Account;
• we have reason to believe the transaction may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
• would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
• would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
• is not in accordance with any other requirement of our applicable policies, procedures or practices; or
• we have reasonable cause not to honor for our or your protection.
YOUR INDEMNIFICATION
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Account, if you are an owner of an Account accessed through State Bank & Trust of Kenmare Online Banking, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your Account or the performance of an online service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of State Bank & Trust of Kenmare Online Banking by you or your Authorized Representative.
THIRD PARTIES
Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provided by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through State Bank & Trust of Kenmare Online Banking.
Disclosure of Account Information to Third Parties. We will disclose information to third parties about your account or transfers you made:
1. When it is necessary to complete the transfers;
2. In order to verify the existence and conditions of your account for a third party,
such as a credit bureau or merchant;
3. In order to comply with a government agency or court orders; or
4. If you give us written permission.
GENERAL PROVISIONS
Alterations and Amendments. The terms of this Agreement, applicable fees, and service charges may be altered or amended by State Bank & Trust of Kenmare from time to time. In such event, State Bank & Trust of Kenmare shall send notice to you either at your address as it appears on State Bank & Trust of Kenmare records or by online notice through Internet Banking. Any continuation of Internet Banking after State Bank & Trust of Kenmare sends you a notice of change will constitute your agreement to such change(s). Further, State Bank & Trust of Kenmare may, from time to time, revise or update the State Bank & Trust of Kenmare program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, State Bank & Trust of Kenmare reserves the right to terminate this Agreement as to all such prior versions of State Bank & Trust of Kenmare programs, services, and/or related material(s) and limit access to State Bank & Trust of Kenmare more recent versions and updates.
Address Changes. You agree to promptly notify State Bank & Trust of Kenmare, in writing, of any address change.
Assignment. You may not assign this Agreement to any other party. State Bank & Trust of Kenmare may assign this Agreement to any present or future, directly or indirectly, affiliated company. State Bank & Trust of Kenmare may also assign or delegate certain rights and responsibilities under this agreement to independent contractors or other third parties.
Disclosure of Information The circumstances under which we will disclose information about you, your Accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you, and in accordance with our Privacy Policy which has been separately provided to you and is available at State Bank & Trust of Kenmare.
No Waiver. State Bank & Trust of Kenmare shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by State Bank & Trust of Kenmare. No delay or omission on the part of State Bank & Trust of Kenmare in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver or any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
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.
Legal Process If we are served with any notice of lien, attachment, levy, garnishment or other legal process relating to you or your Account, we are authorized without notice to you or any joint Account owner, except where required by law, to withhold the withdrawal or payment of so much of the funds in your State Bank & Trust of Kenmare Account that may be the subject of such notice or legal process. We may disburse such amount out of your Account to a court or to such persons as applicable state or federal law either requires or permits because of such powers. We have no liability to you for such withholding or disbursements or for refusal by us to permit withdrawals or payment against your Account because of a court order or other legal process including the return by us of items presented against your Account as unpaid that otherwise would be paid. Any lien, attachment, levy, or garnishment against your Account is subject to our right of set-off as provided in the Agreement unless prohibited by law. You agree to pay our costs and expenses for complying with such legal process, including legal costs and attorneys fees, costs of research and copying and administrative fees.
Venue
Any action at law, suit in equity or other judicial proceeding for any Claim that cannot be resolved by arbitration, or otherwise, the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of North Dakota.
Governing Law
This Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the state that govern and are applicable to your Account.
Federal Disclosure
You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Online Banking Users Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you. |
