Online Banking Services Agreement
This is the agreement for Ohio Commerce Bank
Online Banking Services and it includes certain disclosures for
electronic fund transfers. This agreement is in addition to other
agreements between Ohio Commerce Bank and you,
including but not limited to, your checking, savings, and other
deposit account agreements, your credit card agreements, your
overdraft protection and loan and line of credit agreements as each
may be modified from time to time. If there is a conflict between
the terms and conditions of this agreement and one contained in the
other agreements between you and us, this agreement will control.
General Terms. In this agreement, the words
"we," "us" or "our" mean Ohio Commerce Bank as
appropriate and their successors or assigns. When we use the words,
"you" or "your" we mean each person who has an interest in an
account or other relationship which is accessible through the
Ohio Commerce Bank Online Banking Services and any
person authorized such access. Ohio Commerce Bank
Online Banking Services (“Services”) means information,
communication and transactions provided to you by us through any
remote channel, including the Ohio Commerce Bank
web site, within our Area of Service, including, but not limited to,
the following: Account Information, Funds Transfers and Bill
Payments, stop payments, and check inquiry for account(s)
established at Ohio Commerce Bank.
Each time you use our Services or you permit any other
person to use our Services, you are agreeing to the terms and
conditions that we have set out in this agreement, as amended, and
each amendment thereto from time to time by us. Each time you use
our Services or you permit any other person to use our Services, you
are agreeing to the terms and conditions of any instructional
material, which we provide to you regarding the Services. And, each
time you use our Services or you permit any other person to use our
Services, you are acknowledging receipt and understanding of this
disclosure.
When any payment or other online service generates items
to be charged to your account, you agree that we may debit your
designated Eligible account or the account on which the item is
drawn without requiring your signature on the item and without prior
notice to you. Any transactions resulting from your instructions
which we receive under your password shall be deemed to have been
“in writing” and authenticated by you “in writing.” All records
maintained by us of transactions under your password shall be deemed
to have been “signed” and to constitute an “original” when printed
from records established and maintained by us or our authorized
agent in the normal course of business. You agree not to contest the
authorization for, or validity or enforceability of, the records and
“signed” documents, or the admissibility of copies thereof, under
any applicable law relating to whether certain agreements, files or
records are to be in writing or signed by the party to be bound
thereby. Records and “signed” documents, if introduced as evidence
on paper in any judicial or other proceedings, will be admissible to
the same extent and under the same conditions as other documentary
business records. Upon our written request, you agree to manually
sign or place your signature on any paper original of any record or
“signed” document which we provide to you containing your purported
signature.
Your use of the Services may be made by use of certain numbers,
codes, marks, signs, public keys or other means of establishing your
identity and acceptance of the electronic communications, which are
acceptable to us.
Equipment and Software. Personal computer
and modem (or network Internet connection) (collectively
“Equipment”) are required to access the Services:
Peripherals Internet access via modem or network
Browser commercially available Internet browser
with 128-bit encryption (most recent versions of Internet Explorer,
Netscape, or America Online are compatible; contact the bank to
verify)
If you access the Services by use of a personal computer, you
agree: (1) to use a commercially available Internet Browser at the
recommended version, with at least 128-bit encryption (Software);
(2) the Software, and any future supported upgrades, must be loaded
and operational on your personal computer and you must use a modem
or network to access the Services through the designated interface
Equipment and Software; and (3) as this service becomes available,
to receive account information by electronic transmission of a
visual display of the text. You may request a paper copy of
electronic notices required by federal regulations within 60 days of
the availability of the electronic disclosure. Any other software
used by you in the future to access our system, if supported by us,
will be provided and maintained by you at your expense.
Liability for Loss. EXCEPT WHERE THE LAW REQUIRES A
DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE, OUR PARENTS,
SUBSIDIARIES, AFFILIATES, OR THE SERVICE PROVIDERS SHALL BE
RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY
INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY
INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE (NETSCAPE NAVIGATOR
BROWSER) AND MICROSOFT (MICROSOFT EXPLORER BROWSER), OR BY INTERNET
ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR
SUBCONTRACTOR OF ANY OF THE FOREGOING, NOR SHALL WE OR THE SERVICE
PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF
THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, THE
ONLINE BANKING SERVICES, INTERNET BROWSER, ACCESS SOFTWARE, THIS
AGREEMENT, THE UNAVAILABILITY OF ONLINE BANKING SERVICE OR ANY
ERRORS IN INFORMATION PROVIDED THROUGH THIS SERVICE, EVEN IF WE OR A
SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE
POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE
MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF
ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR
THE SERVICE, PRODUCTS OR MATERIALS OR ONE HUNDRED U.S. DOLLARS. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Account Access. To have access to the
Services, you must be an authorized user of the Software you select.
You must also have at least one eligible personal deposit or one
non-personal deposit account with us. Only authorized persons can
enroll in Online Banking. The bank reserves the right to deny
application for Online Banking. Once enrolled, that person may have
access to, or “link” any other bank account in which they are the
primary SSN or TIN. No other person will have access to your bank
account information unless you choose to give them your user ID and
password. If you choose to give your Online Banking user ID and
password to another person, that person will also have access to all
other accounts that you have linked. If you wish to “unlink”
accounts, you must notify the bank in writing and request that this
be done. Accounts which are "linked" under the Services will have
one common owner and signer. Any signer, acting alone, must be
authorized to access a linked account. Any non-linked account will
not be accessible through the Service unless you are the signer on
the account, and you request that it be linked. A personal or
non-personal account that requires two or more signatures to make
withdrawals, transfers or transactions may not be designated as an
eligible account. Each payment or transfer from your Money Market
checking account is counted as one of the six transfers you are
permitted each statement period.
Eligible accounts include the following Ohio Commerce
Bank personal or non-personal account types that may be
linked: checking, money market, savings and time deposits, loans and
lines of credit. Money Market and Savings accounts are limited to a
total of six restricted transactions per month. Federal regulations
limit some types of transactions to six per month. These restricted
transactions include telephone transfers, Online Banking transfers,
pre-authorized debits, and automated clearinghouse debits.
Certificates of Deposit are time deposits whereby early withdrawals
may result in the assessment of penalties. Therefore, only balance
and interest information is available online for these types of
accounts. Accessibility of eligible accounts may vary based on the
service(s) you use.
Access Code. (referred to as “access codes”).
Use of these Access Codes is the agreed security procedure to access
the Services through the Internet. You agree to keep these numbers
and codes confidential to prevent unauthorized access to your
accounts and to prevent unauthorized use of the Services. For
security purposes we recommend that you do not use the same Access
Codes you use on other bank products. You may change your password
at any time through the Services. We are entitled to act on
instructions received under your password. For security purposes, it
is recommended that you memorize these online Access Codes and do
not write them down. You are responsible for keeping your Access
Codes and account data confidential. You will be asked to provide
certain information about yourself or the account in order to
identify yourself when you call for telephone support.
Liability for Multiple Users of Your Account.
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT
TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR
ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE
PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S)
AND/OR YOU HAVE GIVEN YOUR ACCESS CODES TO SUCH PERSON, OR, IN THE
CASE OF A JOINTLY HELD ACCOUNT SUCH PERSON IS ONE OF THE OWNERS OF
THE ACCOUNT. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND
AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO
REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.
Available Services. Depending upon the
particular features and the Equipment you select, you may be allowed
access to the following Services by first entering your Customer ID
and Password. Once validated on the Online Banking System, there is
no additional sign-on required to access the specific services.
A. Ohio Commerce Bank Online Banking Account
Information. You may obtain account balance(s) and debit
and credit transaction information, including ATM/debit card
transactions, and other certain information about your eligible
account(s) at the Ohio Commerce Bank Online Banking site. The system
will retain six months of transaction history, including the
transactions for the current statement cycle, starting from the date
your enrollment was processed. Account balances reported on the
Online Banking Service are not live, real-time balances. Balances
are updated nightly after each business day’s processing, and again
at 1:00 PM local time with memo-posted transactions on each business
day. Transactions processed between updates will not be available
until after each day’s processing is completed, which takes place at
the end of each business day.
B. Ohio Commerce Bank Online Banking Funds Transfers.
You may use your computer to transfer funds to and from any of your
eligible Ohio Commerce Bank account(s). You may
transfer amounts up to the available balances reported on deposit
accounts, plus any amount you may have available under an overdraft
line of credit associated with that deposit account. Ohio
Commerce Bank’s Funds Transfer cut off
time is 6:00 PM local time. Transfers made after 6:00 PM local time
will be processed on the next business day. Funds Transfers that
have been completed cannot be canceled. A reverse transaction must
be processed. When viewing transaction details, please note
that the time stamp indicated is Eastern Time.
C. Ohio Commerce Bank Online Banking Account Information
Download. You may download your eligible Ohio Commerce Bank
account(s) information into your Quicken or Money software,
or you may export a comma-separated file which can be imported into
other applications accepting a *.csv file format.
D. Ohio Commerce Bank Online Banking Stop Payment
Service. The Stop Payment Service allows you to request a
stop payment on a check issued on your Eligible Account(s) by
submitting the required information to us via the Service. You may
not stop payment on any ACH/EFT transaction, including point-of-sale
ACH/EFT transactions; any cashier’s check; certified check or other
official institution check purchased from Ohio Commerce Bank;
and any check which Ohio Commerce Bank has
guaranteed. We may not immediately receive your stop payment request
via the Service. Therefore, you should not rely on the Service if
you need to communicate with us immediately. Ohio Commerce
Bank will not take action based on your request until it is
actually received and until we have had a reasonable opportunity to
act. Ohio Commerce Bank can only act to stop
payments on orders that describe the item to be stopped with
reasonable certainty and at a time that affords Ohio
Commerce Bank a reasonable opportunity to act on it before
any action by Ohio Commerce Bank with respect to
the item to be stopped. Renewals and revocations of stop payment
orders must be placed in writing. All stop payment orders will be
subject to our current policy on stop payment orders. You may be
asked to submit written authorization to document your online
request for a stop payment. If we require such written
authorization, then we must receive this authorization within
fourteen (14) days of the request or the stop payment will lapse.
Duration. A stop payment order against a
check is effective only against the check that is described in the
stop payment request form and does not cancel or revoke the
authorization for future checks written to the same payee. A stop
payment order is effective for six (6) months only and will expire
automatically at that time unless specifically renewed in writing
prior to expiration. A stop payment order may be renewed for
additional six-month periods.
Standing Authorization for Stop Payment Order.
I hereby order Ohio Commerce Bank to stop payment
on the check(s) described in any stop payment request initiated via
the Service. I warrant that the information describing the check(s),
including the check date, its exact amount, the check number and
payee is correct. I understand that if I give you any incorrect
information, Ohio Commerce Bank will not be
responsible for failing to stop payment on the check(s). I agree
that unless my stop payment order is received by Ohio
Commerce Bank within a reasonable time for Ohio
Commerce Bank to act on my order prior to final payment of
the check(s), Ohio Commerce Bank will not be
responsible for stopping payment on the check(s). I understand that
Ohio Commerce Bank shall not be responsible for
failure to stop payment on a check if action has already been taken
to pay the check. I also agree to notify Ohio Commerce Bank
promptly upon the issuance of any duplicate check that replaces the
check subject to this order, or upon return of the original check.
E. Ohio Commerce Bank Online Banking Bill Pay.
You may use Ohio Commerce Bank Bill Pay to make
current, future and recurring payments from an eligible Ohio
Commerce Bank designated account.
E-Mail. Through the use of certain Equipment
and/or Software, you can use electronic mail (“e-mail”) to contact
us about inquiries, maintenance and/or problem resolution issues.
E-mail is not a secure method of communication over the Internet and
we recommend you do not send confidential information by e-mail. We
will use reasonable efforts to contact you within 24 hours or the
next business day. These responses are considered received,
regardless of whether the customer has logged on and read them. You
should never use unsecured Internet e-mail to initiate a transaction
against your account.
Ohio Commerce Bank Online Banking Service Fee.
Once you are an enrolled user of the Ohio Commerce Bank’s
Online Banking Services, you may be charged the applicable
Monthly Fee and/or Usage Fee whether or not you use the Services
(please see the Ohio Commerce Bank Online Banking
Fee Schedule). You authorize us to automatically deduct all
applicable charges and fees from your eligible Ohio Commerce Bank
account. You may also be charged additional fees that may
be assessed by your Internet Service Provider and you may be
assessed additional fees by your telephone company.
If you do not use this service for any three-month period, we
reserve the right to discontinue your service without notice to you.
To the extent permitted by law, you give us the right to set off any
of your money or property which may be in our possession against any
amount owed to us under this agreement. This right of set off does
not extend to any Keogh, IRA account, or similar tax-deferred
deposit.
Periodic Statement. You will be mailed
periodic statements for your eligible Ohio Commerce Bank
account(s) with the regularity provided for in the
depositor, credit card, overdraft protection and line of credit
agreements. In addition to reflecting your other account activity,
your statements will include any transfers or Bill Payments you
authorize using the Online Banking Services.
Reporting Unauthorized Transactions. If you
believe that an unauthorized transaction has been or may be
conducted from one of your eligible personal or non-personal Ohio
Commerce Bank accounts without your permission, call 216.910.0550 or
write 24400 Chagrin Boulevard, Beachwood, OH 44122. If you do
not report unauthorized transactions that appear on any of your
periodic statements within 60 days after such statements are mailed
or electronically transmitted to you, you risk unlimited losses on
transactions made after the 60-day period if we can prove that we
could have prevented the unauthorized use had we been notified
within this 60-day period.
To report an error or an unauthorized transaction, you must
provide us with the following information:
· Tell us your name and account number(s).
· Describe the suspected error or the nature of the problem, or
describe what information you need.
· Tell us the dollar amount of the suspected error.
CONSUMER CUSTOMERS: We will determine whether an error occurred
within 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 45
days to investigate your complaint or question. If we decide to do
this, we will credit your account within 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 10 business days, we may not credit your
account. For errors involving new accounts, point-of-sale, or
foreign-initiated transactions, we may take up to 90 days to
investigate your complaint or question. For new accounts, we may
take up to 20 business days to credit your account for the amount
you think is in error. We will tell you the results within three
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.
Business Days. Our business days are Monday
through Friday, except Federal bank holidays and state holidays that
may be observed.
Hours of Operation. Although electronic Bill
Payment transactions can be processed only on business days, you can
use your Equipment to send us e-mail 24 hours a day, seven days a
week, except during any scheduled maintenance periods.
YOUR RESPONSIBILITY. You are responsible for
all Bill Payment you authorize using the services. If you permit
other persons to use the Service or your Access Codes, you are
responsible for any transactions they authorize from your eligible
personal or non personal Ohio Commerce Bank deposit accounts. Tell
us AT ONCE if you believe your Access Code has been lost or stolen.
Telephoning is the best way of keeping your possible losses down.
You could lose all the money in your account (plus your maximum
overdraft line of credit). If you tell us within two business days
after your reasonable discovery of the loss or theft, you can lose
no more than $50 if someone used your Access Code without your
permission. If you do NOT tell us within two business days after you
learn of the loss or theft of your Access Code, and we can
reasonably prove we could have stopped someone from using your
Access Code 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 60
days after the statement was mailed to you, you may not get any
money you lost after the 60 days if we could have stopped someone
from taking the money if you had told us in time. If you believe
your Access Code has been lost or stolen or that someone has
transferred or may transfer money from your account without your
permission, call 216.910.0550 or write to us at 24400 Chagrin
Boulevard, Beachwood, OH 44122.
Your use of the Services under an eligible deposit account is
your agreement to assume all risks and losses associated with the
disclosure of your Access Codes to your employees or other persons.
You agree to limit disclosure of your Access Codes to those
employees and other persons you authorize to use the Services.
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO
MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR
ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE
PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S)
AND/OR YOU HAVE GIVEN YOUR PASSWORD TO SUCH PERSON. YOU AGREE TO
INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL
LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES)
ARISING FROM ANY SUCH CLAIMS OR ACTIONS.
Liability for Fund Transfers and Bill Payments. We or a
third party acting as our agent, are responsible for completing fund
transfers and Bill Payments from your personal account(s) on time
according to your properly entered and transmitted instructions.
HOWEVER, NEITHER WE NOR THE SERVICE PROVIDER WILL BE
LIABLE:
· IF YOU DO NOT HAVE ADEQUATE MONEY IN A DEPOSIT ACCOUNT
TO COMPLETE A TRANSACTION FROM THE ACCOUNT, OR IF THAT ACCOUNT HAS
BEEN CLOSED OR FROZEN;
· IF THE TRANSFER WOULD CAUSE YOUR BALANCE TO GO OVER THE
CREDIT LIMIT FOR ANY CREDIT ARRANGEMENT SET UP TO COVER OVERDRAFTS;
· IF YOU HAVE NOT PROPERLY FOLLOWED SOFTWARE OR SERVICE
INSTRUCTIONS ON HOW TO MAKE A TRANSFER;
· IF YOU ATTEMPT TO TRANSFER FUNDS BETWEEN ACCOUNTS FROM
DIFFERENT BANKS (USING THE FUNDS TRANSFER OPTION);
· IF YOU, OR ANYONE YOU ALLOW, COMMITS ANY FRAUD OR
VIOLATES ANY LAW OR REGULATION;
· IF YOUR EQUIPMENT AND/OR SOFTWARE, THE BANK’S EQUIPMENT
AND/OR SOFTWARE, OR THE PHONE LINES WERE NOT WORKING PROPERLY;
· IF CIRCUMSTANCES BEYOND OUR OR OUR AGENT'S CONTROL
PREVENT MAKING A TRANSFER OR PAYMENT, DESPITE REASONABLE PRECAUTIONS
THAT WE HAVE TAKEN. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED
TO, COMPUTER FAILURE, TELECOMMUNICATION OUTAGES, POSTAL STRIKES AND
OTHER LABOR UNREST, DELAYS CAUSED BY PAYEES, FIRES, FLOODS, OTHER
NATURAL DISASTERS; OR ANY ELECTRONIC TERMINAL, TELECOMMUNICATION
DEVICE OR ANY PART OF THE ELECTRONIC FUND TRANSFER SYSTEM IS NOT
WORKING PROPERLY;
· IF YOU OR WE HAVE TERMINATED YOUR Online Banking
SERVICE OR CLOSED THE ACCOUNT.
THIS LIST
SHALL NOT BE CONSIDERED AS EXHAUSTIVE OF INSTANCES OF OUR LIMITED
LIABILITY. THERE MAY BE OTHER EXCEPTIONS TO OUR LIABILITY AS STATED
IN YOUR OTHER AGREEMENTS WITH US.
Disclosure of Consumer Account Information to Others.
We may collect nonpublic personal information about you
from the following sources:
- Information we receive from you on applications or other
forms.
- Information about your transactions with us, our affiliates,
or others.
- Information we receive from consumer reporting agencies.
Except for California residents, we may disclose all of the
information we collect, as described within the three bullet points
above, to non-affiliated companies that perform marketing services
on our behalf or to other non-affiliated financial institutions with
which we have joint marketing agreements.
We do not disclose any nonpublic personal information about you
or our former customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to
our employees who need the information to properly service your
account or act upon your requests. We maintain physical,
electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
Changes/Interruptions in Services. We may,
on a regular basis, perform maintenance on our equipment or system,
which may result in interrupted service or errors in the Service. We
also may need to change the scope of our Services from time to time.
We will attempt to provide prior notice of such interruptions and
changes but cannot guarantee that such notice will be provided.
Harm to Computer Systems/Data. YOU
AGREE THAT OUR LIABILITY FOR VIRUSES, WORMS, TROJAN HORSES, OR OTHER
SIMILAR HARMFUL COMPONENTS THAT MAY ENTER YOUR COMPUTER SYSTEM BY
DOWNLOADING INFORMATION, SOFTWARE, OR OTHER MATERIALS FROM OUR SITE
SHALL BE LIMITED TO REPLACING, OR THE REASONABLE COST OF REPLACING,
THE LOST INFORMATION, SOFTWARE OR OTHER MATERIAL. WE WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT MAY RESULT FROM SUCH HARMFUL COMPONENTS.
Performance of Software and Electronic Service.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE
USE, MISUSE OR INABILITY TO USE THE ONLINE SERVICES, OR FOR ANY LOSS
OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES. WE MAKE NO WARRANTY TO YOU REGARDING THE EQUIPMENT OR
THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE.
Security. In order to maintain secure
communications and reduce fraud, you agree to protect the security
of your numbers, codes, marks, signs, public keys or other means of
identification. We reserve the right to block access to the Services
to maintain or restore security to our Site and systems, if we
reasonably believe your access codes have been or may be obtained or
are being used or may be used by an unauthorized person(s).
Ownership of Materials. The reproduction or
distribution of the content and information on our site is strictly
prohibited.
Severability. Wherever possible, each
provision of this agreement shall be interpreted in a manner which
makes the provision effective and valid under applicable law. If
applicable law prohibits or invalidates any part or provision of
this agreement, that particular part or provision shall be
ineffective only to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the
remaining provisions of this agreement.
Cumulative Remedies. The rights and remedies
provided by this agreement are cumulative and the use of any one
right or remedy by any party shall not preclude or waive the right
to use any or all other remedies. Said rights and remedies are given
in addition to any other rights the parties may have by law,
ordinance or otherwise.
Delays/Force Majeure. The obligations of the
Bank shall be suspended to the extent and for so long as such
obligations are hindered or prevented from being performed on
account of labor disputes, war, riots, civil commotion, acts of God,
fires, floods, failure of suppliers and/or subcontractors to
perform, failure of power, restrictive governmental law and/or
regulations, storms, accidents or any other cause which is
reasonably beyond the control of the Bank.
Merger Agreement. This agreement contains
the entire agreement between the parties and no statements, promises
or inducements made by either party or agent of either party that
are not contained in this written agreement or other documents
referenced by this agreement. This agreement may not be enlarged,
modified or altered except in writing in accordance with the above
provisions.
Choice of Law. This Agreement shall be
governed by and interpreted under OH and Federal Law.
Amendment of this Agreement. We may amend this
agreement (including changes in its fees and charges hereunder) by
giving notice to you at least 30 days before the effective date of the
amendment, unless such change or amendment is otherwise required by
law or applicable regulation and unless prior notice is excused by
law. Your continued use of the Services is your agreement to the
amendment(s). Depositor's credit card, overdraft protection and line
of credit will continue to apply in accordance with our published
Schedule of Fees, as amended from time to time.
Waiver. We may waive any term or provision
of this agreement at any time or from time to time, but any such
waiver shall not be deemed a waiver of the term or provision in the
future.
Assignment. We may assign the rights and
delegate the duties under this Agreement to a company affiliated
with us or to any other party.
Termination. Except as provided above, we may
terminate this agreement and any service provided hereunder at any
time upon ten (10) business days prior written notice of termination
to you. We reserve the right to terminate or to discontinue support
of any software or equipment without written notice.
Waiver of Statutory and Other Legal Requirements.
YOU AGREE THAT ALL OF THE PROVISIONS OF THIS AGREEMENT ARE
ENFORCEABLE AS YOU HAVE EQUAL BARGAINING POWER AND HAVE ENTERED INTO
ALL PROVISIONS VOLUNTARILY AFTER A FULL REVIEW AND UNDERSTANDING OF
THIS AGREEMENT WITH ANY DESIRED LEGAL, ACCOUNTING OR OTHER ADVISOR,
AND YOU AGREE TO SPECIFICALLY WAIVE, IF LAWFUL, ANY STATUTORY
PROVISION, CASE LAW OR OTHER LEGAL AUTHORITY WHICH IS IN ANY WAY
CONTRARY TO AND/OR NULLIFIES/VOIDS ANY PROVISION OR PORTION OF A
PROVISION OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY
REQUIRED AGREEMENT FORMALITY.
Advice of Your Attorney. YOU MAY WISH
TO HAVE AN ATTORNEY REVIEW THIS AGREEMENT PRIOR TO AGREEING TO THE
TERMS AND CONDITIONS CONTAINED HEREIN. YOU MAY PRINT A COPY OF THIS
AGREEMENT PRIOR TO AGREEING TO THESE TERMS AND CONDITIONS.
Revised 2/25/10
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