In order to properly process your application. We ask that you please read the following and accept at the bottom. Thanks!
Consumer Online and Mobile Banking Agreement and Disclosures
In this Agreement, the words "us," "we," "our," and “Bank” refer to The Bank of New Glarus® and Sugar River Bank Branches and its 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 Service and any person authorized such access. The Service means information, communication and transactions provided through the Service on the Bank's website, mobile banking website and mobile device applications.
Please note: This Agreement is specifically intended for Consumer accounts. The Commercial Online Banking Agreement is required for a Commercial account.
PART ONE – E-SIGN CONSENT
THIS PROVISION CONTAINS IMPORTANT INFORMATION THAT YOU ARE ENTITLED TO RECEIVE BEFORE YOU CONSENT TO ELECTRONIC DELIVERY OF THIS MOBILE BANKING AGREEMENT AND LEGAL DISCLOSURES (DEFINED BELOW).Please read this E-SIGN Consent carefully and print or retain a copy for your records.
Electronic Signature Terms and Consent. By clicking the "I Agree" button below, you consent:
We reserve the right to furnish to you, and the right to require you to furnish to us, writings or paper copies of information, communications, and/or Legal Disclosures relating to the Service, in lieu of or in addition to electronic records at any time in our discretion.
Right of Consumers to Decline and/or Withdraw Consent For Electronic Disclosures. You may choose not to consent. If you do not electronically consent by clicking on "I Agree" below, or if you click the “I Decline” button below, you are indicating that you do not consent. If you do not consent, you will not be permitted to use any of the services available through the Service.
You have the right to withdraw your consent to receive Legal Disclosures electronically at any time. To withdraw your consent contact us in the manner provided in the following paragraph.
Withdrawing Consent and Receiving Paper Copies. If you withdraw your consent to receive electronic Legal Disclosures you also terminate your right to use the Service. You may also request and receive a paper copy of the Legal Disclosures. You will not be required to pay a fee for your request for a paper copy. If you wish to withdraw your consent, request a paper copy of the Legal Disclosures, or make changes as to how we may contact you electronically (that is, to your e-mail address for receiving Legal Disclosures), please contact us as follows:
Changing Your E-mail Address; Location and Delivery of Disclosures. We may make electronic Legal Disclosures and other electronic services information available to you by posting them on our website, by including them in a statement, or by transmitting them to you at the e-mail address you have provided to us for that purpose. You must promptly notify us if your e-mail address changes by contacting us at the telephone number or mail or e-mail address printed above. To change your e-mail address for receiving electronic Legal Disclosures you must contact us at the telephone number or mail or e-mail address printed above.
Hardware and Software Requirements. In order to access the Service and retain the Legal Disclosures and the other electronic service information you must have:
In order to access Mobile Banking you must have:
This Consent Does Not Apply to Account Statements. Your consent applies to all communications from us relating to your accounts with us and remains in effect until you withdraw your consent; provided that this consent does not apply to electronic delivery of your account statements unless you elect to receive your statements electronically by registering for e-statements after you have successfully logged on to Personal Internet Banking Account.
PART II. Consumer Online and Mobile Banking Agreement
Please read this Agreement carefully. By pressing the "I Agree" button below, you agree to comply with the terms and conditions of this Agreement.
1. Definitions.
The following definitions apply in this Agreement:
2. Coverage. This Agreement applies to your use of our Online and Mobile Banking Service (the "Service"), which permits you to access your accounts with us via the Internet for services through computers and mobile devices. This agreement is also to inform you of certain rights that you have under the Electronic Funds Transfer Act.
3. Enrollment Forms, Accounts. To establish the Service you will complete certain enrollment forms or other documents evidencing your desire to access your accounts using the Service ("Enrollment Forms"). You may complete the Enrollment Forms online on our website or in person at the Bank. When you complete the Enrollment Forms you will designate your account that will be accessible through the Service. If you have more than one account with us, we will contact you to get your authorization to add your additional accounts. The specific services available to you are identified in your Enrollment Forms. When you sign or submit the Enrollment Forms you are agreeing to the terms of this Agreement.
Access will be provided to these types of consumer accounts (primarily for personal, family or household purposes) although not all functions are available for every account:
4. Account Access. To access the Service you must use the personal login name we provide you together with a password that you choose. We may also require you to use additional authentication methods such as a PIN, response to a security question or a security key. Your login name, password, PIN, response to security question, security key and other method of authentication used to access the Service are your "Access Codes." You agree to secure your Access Codes and not to disclose your Access Codes to anyone other than authorized signatories on your accounts. If you provide your Access Codes to a third party, he or she will have access to your accounts. You agree that we are authorized to act on any instructions we receive under your Access Codes. If an account is owned by more than one person who has requested access to the account using the Service or if you have provided Access Codes to any person(s) (each an "authorized user"), each account owner and each such authorized user will have the authority to perform any task available to those Access Codes using the Service. You agree that each authorized user is acting as your agent and on your behalf, will be bound by this Agreement and by any separate agreements governing your accounts and the Service. We may rely on and act on the verbal, written or electronic instructions of any authorized user without any liability to you. All transactions that an authorized user performs on an account using the Service, including those you do not want or did not intend, are transactions authorized by you and for which you are responsible. If you notify us that certain Access Codes are no longer authorized, only transactions that you did not want or intend and that are performed after you notify us and we have had a reasonable opportunity to act on the notice will be considered unauthorized transactions. You agree that you and not us are responsible for supervising anyone to whom you provide Access Codes or any authorized users and for monitoring the actions taken on your behalf.
5. Joint Accounts. If an account that requires two or more signatures to make withdrawals is accessible via the Service or such account is automatically added to the Service, you agree that the verification by two persons will not apply to electronic funds transfers made using the Service. Any one person with the proper Access Codes is authorized to make transfers, even if you require more than one signature on a transfer made by any means other than the Service, such as by use of a check.
6. Passwords. You should choose a unique password that will not be easy to identify. Your password is subject to certain requirements, including a minimum amount of characters and the use of numbers or symbols. You are also required to change your password periodically, as well as update/confirm your email address and authentication questions. We may change our password requirements, including how often your password must be changed and the password character requirements.
7. Security. We are committed to the security of your account information. We require you to enter two or more Access Codes to access the Service in addition to using a secure Internet Browser. You are only allowed three attempts to log into the Service with your Access Codes. If you do not enter the correct Access Codes on your third attempt, you will be locked out of the Service and must contact the Bank to regain access to the Service. After 10 minutes of inactivity, you will automatically be logged out of the Service. After 90 days of inactivity your access to the Service will be suspended. You agree that the security procedures set forth in this Agreement are commercially reasonable. We urge you to observe the following guidelines to protect against fraud:
8. Functions. Depending on the particular functions available to you and for which you have enrolled, you may be allowed to access the following functions by first entering your Access Codes:
You must have enough available money in an account from which you instruct us to make a payment or transfer through the Service. Account balances may differ from those in your records due to deposits, outstanding checks or other withdrawals, payments, or charges in process.
9. Hardware and Systems. You are responsible for selecting all systems, hardware, and your Internet service provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet service provider and systems and computer services. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE, EXCEPT WHEN WE ARE REQUIRED TO DO SO BY LAW. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
10. Your Responsibility. You should notify us AT ONCE by calling 608-527-5275 if you believe any of your accounts have been accessed through the Service or if your Access Codes have been lost, stolen or otherwise becomes available to an unauthorized person. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts. If you tell us within two business days after you learn of the loss or theft of your Access Codes, you can lose no more than $50 if someone used your Access Codes without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Access Codes, and we can prove that we could have stopped someone from using your Password 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 of the date we mail a periodic statement to you, you may not get any money you lost after the 60 days if we show 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 will extend the time periods.
11. Contact in Event of Unauthorized Transfer. If you believe your Access Codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should change your Access Codes immediately by using the "Options" tab in the Service and then contact us by calling 608-527-5275, sending us a secure email through the Service or writing to us at The Bank of New Glarus, PO Box 129, New Glarus, WI 53574.
12. Business Days; Cut-Off Times. Our business days are Monday through Friday, except the Federal holidays on which the Bank closes. We can process an Internal Funds Transfer (including loan payments) initiated through the Service on the same business day as your instructions, if we receive your instructions before our cut-off hour of 6:00 p.m. CST on a business day. If we receive your instructions after 6:00 p.m. CST, we will process the transaction on our next business day. If you schedule an Internal Funds Transfer for a future date, we process the transaction after the close of business on that date, if that day is a business day. If the date you request for a future transfer is not a business day, we process the transaction on our next business day. If you schedule a recurring Internal Funds Transfer through the Service and the transfer date does not exist in a month, the transfer will be processed on the last business day of that month.
13. Additional Information about Mobile Banking. a. Mobile Device. Not all Mobile Banking services are available on all types of mobile devices. You are responsible for providing a mobile device that is compatible with Mobile Banking. We reserve the right to modify the scope of Mobile Banking at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. b. Use of Services. Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to use your mobile device and the mobile banking software (the "Software"). From time to time, we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Software. We will not be liable to you for any losses caused by your failure to use the Software or your mobile device properly. MOBILE BANKING IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT MOBILE BANKING WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF MOBILE BANKING, EXCEPT WHEN WE ARE REQUIRED TO DO SO BY LAW. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO MOBILE BANKING, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW. c. Service Availability. We cannot always foresee or anticipate technical or other difficulties related to Mobile Banking or the Software. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions and we do not assume any responsibility to you for such losses or interruptions. Information about activity is synchronized between the Software and our website. Transfer and payment information available via the Software may differ from the information that is available directly through our website. Information available directly through our website may not be available via the Software, may be described using different terminology, or may be more current than the information available via the Software, including, but not limited to, account balance information. The method of entering instructions via the Software also may differ from the method of entering instructions through our website. We are not responsible for such differences, whether or not attributable to your use of the Software. Additionally, you agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon, except as prohibited by law. d. Agreements with Service Providers. You agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon Wireless, SprintPCS, T-Mobile, U.S. Cellular, etc.), and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending text messages, or other use of your mobile device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking you will contact us directly.
14. Additional Information About Bill Pay. a. General. The Bill Pay function allows bill payment either on an automatic recurring basis or periodically as you request. In this Agreement, the term “Payee” means the vendor, biller, person or entity to whom you wish a payment to be directed; “Payment Instructions” means the information provided by you to the Service for a bill payment to be made to your Payee; “Payment Account” means your designated checking or savings account and in the instance of non-sufficient funds and/or an overdrawn account, any applicable or available balance on line of credit accounts at the Bank. (i) The Bank has contracted with ProfitStars iPay Solutions as the third-party bill pay service provider to provide bill pay services to its customers. ProfitStars will be processing bills. Accordingly the term "ProfitStars" represents the customer service provided by ProfitStars to the Bank. The Bank, at its sole discretion, reserves the right to change Bill Pay service providers. (ii) To use bill payment, you will provide us with the name and address of the Payee, your account number with that person and any other information we require to properly debit your account with us and credit your account with the Payee. You should allow up to 5 business days for processing this information. If your account number or any other information changes, or if you wish to add or delete Payees, you must enter all such designations and changes in the appropriate field(s) in the Bill Payment section of the Service at least 7-10 business days prior to the scheduled Payment Date. You authorize all changes submitted through the Service by you or any other person having access to your Access Codes. (iii) If a Payee does not accept an electronic or check payment of if a Payee cannot process payments in a timely manner, we, or our authorized agent, may decline to make future payments to the Payee. In the unlikely event that this occurs, we will send you a notice. We, or our authorized agent, may refuse to make payments to certain Payees in our sole discretion (including, without limitation, government agencies and Payees outside of the United States) and to Payees that choose not to participate in the Service. b. Payment Instructions. It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Online Bill Payments will be processed at 2:00 a.m. CST and 12:00 Noon CST on business days. Payments prescheduled to pay that fall on a weekend or a Federal holiday will be processed on the next business day. (i) A bill payment is "In Process" either at 2:00 am CST or 12:00 Noon CST on the business day you select as the scheduled Payment Date. A bill payment is a "Pending Payment", starting from the time you enter Payment Instructions until the payment is "In Process." A payment is considered “Completed” when the third-party Bill Payment service Provider issues the payment either by check or electronically. You may cancel or edit any Pending Payment (including recurring bill payments) by selecting and accurately completing the appropriate fields from the Bill Payment menu. There is no charge for canceling or editing a Pending Payment. Please note: we may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is "In Process" and it is not possible to stop or cancel a payment which is "Completed." If you desire to cancel or stop any payment which is "In Process", you must call the Bank at (608) 527-5275. Although we will attempt to accommodate your request, we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be deemed accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. The charge for each stop payment order will be the then current charge for such service as disclosed in our fee schedule. (ii) Bill payments are processed either through an electronic payment to the Payee or by check drawn on your account and mailed to the Payee. Once you have entered a new payee within Bill Payment, you may view the Payee list to determine if the payment will be sent electronically or by check, as this may affect the payment processing time. Payees who receive electronic delivery will receive your payment information, including your account number with the Payee, through a computer link. All checks are sent through the U.S. mail. Payments made with checks are generally received and credited by most payees within five business days. Subject to our customer information security program and policies, if we, or our authorized agent, receive any payment instructions from a Payee, we, or our authorized agent, may follow those instructions, to help ensure that the payment is received by the Payee and promptly credited to your account. Periodically, our authorized agent may convert some Payees which were previously paid by check to electronic payment. (iii) To help ensure that your payments arrive on time, you must schedule your payments to be processed at least 3-5 business days before the payment due date for an electronic payment to the Payee and at least 7-10 business days before the due date for a check payment mailed to the Payee. This generally allows sufficient time for the Payee to receive and post your payment. You understand that we and our authorized agents will use reasonable efforts to ensure payments reach payees on time, but cannot guarantee the time a payment will be received and/or posted by a Payee. We and our authorized agents will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account. (iv) We and our authorized agents may refuse to process electronic or check transactions to OFAC prohibited parties, payees outside of the United States, or other transactions that would violate any applicable law, statute, ordinance or regulation. c. Prohibited Payments. Payments to the following payees are not permitted: payments to payees outside of the United States; court-ordered payments, such as alimony, child-support, speed tickets, etc., and payments to tax entities and collection agencies. d. Cancellation of Bill Pay. We may cancel the Bill Payment service at any time without prior notice to you. If your account has been closed or restricted for any reason, the Bill Payment service will automatically be cancelled. Services may also be disabled after 90 consecutive days of non-use.
15. Stop Payment of a Bill Payment, Check, or Electronic Transaction. Stop payment orders may only be initiated for checks or electronic transactions you have initiated against your accounts through Online Banking. You may not initiate a stop payment request through Mobile Banking. We consider stop payment orders initiated through Online Banking to be oral payment requests and require you to follow-up with a written request. If you do not follow-up with a written stop payment request, your stop payment request will only be effective for 14 days. We provide a Stop Payment Form online through the Service. You must print and sign the Stop Payment form and return it to the Bank at: The Bank of New Glarus, P.O. Box 129, New Glarus, WI 53574 or by email to netteller@bankofnewglarus.com within 14 days of your submission via the Internet or your stop payment order will expire. All other stop payment rules that are described in the Deposit Account Rules shall apply. Your stop payment order requests must include the exact information requested by the Service in order to be effective. You are responsible for all stop payment orders initiated through the Service, and we have no liability in connection with such activity.
16. Cancelling Preauthorized Transfers. If you tell us in advance to make a regular payment at a regular time out of your account without further action by you (a preauthorized transfer), you can stop these payments through the Service as provided in this Agreement, or you can call us at (608) 527-5275, or email us at netteller@bankofnewglarus.com for instructions on how to stop a preauthorized transfer. You must call or email us in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call or email, we may also require you to put your request in writing in a form approved by us and get the form to us within 14 days after you call or email. If you stop payment of such a preauthorized transfer in accordance with the terms of this Agreement, we will stop the next debit and all subsequent preauthorized payments to that payee. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled in accordance with the terms of this Agreement, and we do not do so, we will be liable for your losses or damages.
17. Cancelling Internal Funds Transfers. You may cancel or change a pending Internal Funds Transfer initiated through the Service by selecting and accurately completing the appropriate fields from the pending transfers menu prior to 6:00 p.m. on the scheduled business day. If a transfer is initiated in error, the transfer may be edited or deleted prior to 6:00 p.m. the scheduled business day.
18. Our Rights. Except as provided in Section 16, if we fail to cancel or stop any funds transfer or bill payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
19. Payments and Overdrafts. When you schedule a funds transfer or bill payment using the Service, you authorize us to withdraw the necessary funds from the account you designate. We deduct the amount of your funds transfer or bill payment from your account as explained in this Agreement. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction. We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.
20. Limitations on Transfers. Under federal regulations, you may make no more than six transfers from your savings or money market accounts per month by means of a preauthorized electronic fund transfer, telephone (or data transmission) transfer, including transactions, or check and draft, debit card or similar order to third parties. Each fund transfer or bill payment through the Service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. (However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts.) Excess withdrawals may result in the restriction of funds transfer or account closure or applicable fees. The Deposit Account Rules, Truth in Savings Disclosure, and our fee schedule may include other restrictions and charges.
21. Fees. We will charge you for fees related to the Service, if any, as described on the Fee Schedule or any other related Specific Service Agreement, Enrollment Forms or Addendum, and as amended by us from time to time, and otherwise in accordance with the Deposit Account Rules. We do not charge any fees for online banking, bill payment or Mobile Banking services accessed through the Service. We do charge a fee for the following function accessible through the Service:
22. Periodic Statements. Any account activity conducted through the Service will appear on your periodic account statement. If there are no transfers in a particular month, you will receive statements at least quarterly. All statements and notices should be examined by you promptly upon receipt. If your statement shows transfers that you did not make, tell us AT ONCE by calling us at 608-527-5275 Monday through Friday between 9:00 a.m. and 6:00p.m., sending us an email communication addressed to netteller@thebankofnewglarus.bank, or writing to us at: The Bank of New Glarus P.O. Box 129 New Glarus, WI 53574.
23. Errors or Questions About Your Electronic Transfers. Telephone us at 608-527-5275 or write us at The Bank of New Glarus ® and Sugar River Bank Branches, P.O. Box 129, New Glarus, WI 53574 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 60 days after we sent you the FIRST statement on which the problem or error appeared. 1. Tell us your name and account number (if any). 2. 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. 3. 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 10 business days. 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. The 10-day periods in the preceding paragraph may be extended to 20 business days, if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made. If the error involves an electronic transfer from your account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the 45 day time period to investigate your complaint or question will be 90 days in place of 45 days. 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.
24. Our Liability For Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a transfer or bill payment, and we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses or damages proximately caused by our failure. However, we will not be responsible for your losses under the following circumstances:
25. Disclosure of Information to Third –Parties; Privacy Policy. You acknowledge that we may subcontract some of the services to be provided under this Agreement. Subject to any applicable consumer protection law, you agree that we do not control any third party supplying services in connection with the Service, and you will hold us harmless for any failures, acts or omissions of any third party. We will disclose information to third parties about your account including the transfers and payments you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; in order to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to others with your consent; and whenever required by law. You agree that we may deliver our privacy notices and opt-out notices to you by making them available on our website. You authorize us to obtain credit information on you at any time prior to our agreement to provide a service or during the time you are using a service. The information you provide to us through the Service is subject to the Bank's privacy policy, to the extent not inconsistent with this Agreement. The privacy policy is available on our website at www.thebankofnewglarus.bank
26. Accessibility. The Service is generally accessible 24 hours a day, 7 days a week, except it may be inaccessible for system maintenance. We will notify you if maintenance is being performed on the Service on our website and if you attempt to log onto the Service during a maintenance period. You understand and acknowledge that the Internet is an unsecured, unstable, and unregulated environment, and that your ability to use the Service is dependent upon the commercial or internal on-line service you have chosen and are using, as well as the Internet and equipment, software systems, data and services provided by various vendors and third parties (including telecommunications carriers, equipment manufacturers, firewall providers and encryption system providers). You understand that while we and our service providers have established certain security procedures designed to prevent unauthorized access to accounts or transactions, there is no assurance that inquiries or transaction activity will be completely secure, or that access to the Service will be free from delays, interruptions, malfunctions, or other inconveniences generally associated with this electronic medium. You also understand that there may be times when access to the Service is unavailable, and neither we nor our service providers assume responsibility for the operation, security, functionality or availability of certain functions within the Service. You acknowledge that you are solely responsible for the adequacy of the systems, software, and Internet provider utilized by you to process banking transactions, and to do so accurately. We will not be liable for damages arising from delay, failure or error in transmission while using the Service or your inability to access the system.
27. Termination. We may modify, suspend or terminate your privilege of using the Service and may withhold approval of any transaction, at any time, without prior notice to you or refund of fees you have paid. In the event we terminate the Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can access your account through the Service may terminate the Service. Termination shall not affect the rights and obligations of the parties for transactions made with the Service before we have had a reasonable time to respond to your termination request. You may terminate the use of the Service by contacting us by phone, in writing, in person, or through the Secure Contact tab via the Service. Your termination of your the Service will automatically terminate any future scheduled transfers and payments.
28. Third Parties. You understand that support and services relating to the Service are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service. Unless a release is prohibited by law, you release us from any liability for failures, acts or omissions of any third party system operator including, but not limited to, unauthorized access to theft or destruction of your information or instructions.
29. Amendment. Except as required by law, we may in our sole discretion change these terms, and modify or cancel the Service, or the features we offer, at any time, without notice. This may include adding new or different terms to, or removing terms from this Agreement or Addendums to this Agreement. When changes are made, we will update this Agreement on our website at www.thebankofnewglarus.bank. The website will be updated on or before the effective date of any such changes to the agreement, unless (a) an immediate change is necessary to maintain security or to prevent fraud; or (b) a legal or regulatory requirement requires immediate change; in which event this Agreement will be updated within a commercially reasonable period of time. You will be notified of changes to the Agreement which materially affect your rights. By continuing to use the Service or related services after such notice of any change, you agree to the change. Amendments will be effective upon the date indicated in the notice, if applicable.
30. Other Agreements. This Agreement supplements other agreements between us, including, without limitation, your checking, savings, and other deposit account rules and agreements, as well as line of credit and loan agreements provided to you at the time you opened your accounts ("Account Opening Disclosures"). Except as otherwise provided in this Agreement, if there is a conflict between the provisions of this Agreement and the Account Opening Disclosures, this Agreement will control as to any conflict relating to the Service and access to your accounts via the Internet using a computer or mobile device. In the event of a conflict between the terms and conditions of this Agreement and disclosures provided electronically within the Service and relating to specific features of the Service, such as disclosures found in help screens or enrollment screens, the provisions relating to specific features of the Service, such as those in help screens and enrollment screens, will control. Depending on the specific functions or services you enroll in, you may also be required to execute separate agreements governing the specific Internet service such as remote deposit capture or external transfers and payments ("Specific Service Agreements"). In the event of a conflict between the provisions of this Agreement and a Specific Service Agreement, the Specific Service Agreement will control as to any issue relating to the specific service.
31. Waiver; Governing Law. No delay or omission by us in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any simple or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under the Agreement to any third parties. This Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the internal laws of the State of Wisconsin, without regard to Wisconsin's rules regarding conflict of laws (collectively, “Applicable Law”) You agree that you will use the service only in accordance with Applicable Law.
32. Additional Provisions. We are not responsible for, and you release us from liability for any damages arising from or in connection with, any electronic viruses, spyware, phishing attempts or other malicious Internet or computer activity that you may encounter. We encourage you to obtain Internet security software or hardware to combat this activity such as anti-malware, firewall, anti-spam, and intrusion prevention. You should also regularly update your security software and hardware and educate yourself on safe Internet and e-mail practices. You agree that transmission of confidential and sensitive personal information is at your sole risk. We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you. Unauthorized use of the Service is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030.
33. Secure Email. You may use the Service to send us secure emails to ask questions about your accounts or to provide comments on the Service. You cannot initiate transactions related to your accounts through our secure email service. We strongly suggest you use secure email if you are providing us with sensitive account information such as an account number, Tax Identification No. or Social Security Number or one or more Access Codes. Do not provide us with your account information through your general email account. We try and respond to all secure emails we receive by the end of the next business day.
34. Person-to-Person ("P2P") Service Terms of Use. These P2P terms of use ("Terms of Use") set forth additional terms and conditions under which the Bank offers the P2P Service (defined below). In the event of a conflict between the provisions of this Agreement and the Terms of Use, the Terms of Use will control as to any issue relating to the P2P Service. a. Definitions.
By choosing I AGREE, you are agreeing to the terms stated in the Consumer Online and Mobile Banking Agreement and Disclosure.You acknowledge that all current accounts and any and all future accounts opened at The Bank of New Glarus® and Sugar River Bank Branches may be automatically available via Online Banking. You also acknowledge receipt of the Consumer Online and Mobile Banking Agreement and Disclosure whether you have printed it or simply read it.