This Agreement governs the receipt of your periodic account statements for those accounts which you designate (“Designated Accounts”) through Online Banking. In addition, you may receive most disclosures and notices on your Designated Accounts through the same web-based electronic service instead of by regular mail (“Disclosures”). These Disclosures may include:
The delivery of periodic account statements and Disclosures electronically is referred to as the “e-Statements Service.”
This Agreement is in addition to all other agreements you may have with the Valley Bank, (“Bank”) including but not limited to the Cardholder Agreement, Deposit Agreement, Electronic Fund Transfer Disclosure, and Online Banking Disclosure.
Delivery of e-Statements and Disclosures
Each account cycle, you will receive an e-mail, at the e-mail address designated by you through Internet Banking, notifying you of the date when the periodic electronic statements (“e-statements”) for your Designated Accounts are available. This e-mail will be the only notice you receive of the availability of your e-Statements online. After signing into Internet Banking, you will be provided access to your e-Statement through the “Statements” menu. Access to your e-Statement will be provided for a period of eighteen (18) months from the date of each e-Statement. You may make a copy of an e-Statement for your records by printing it to an attached printer or download it to a storage device.
By selecting e-Statement delivery in Personal Internet Banking, you will no longer receive paper statements for your Designated Accounts by U.S. mail. In addition, you may receive Disclosures regarding your Designated Accounts electronically and not in paper form. Disclosures may be attached in an e-mail, contained in the text of an email, posted separately from e-Statements on the “Statements” menu, contained within an e-Statement, or posted otherwise through Online Banking. Any email notifying you of the availability of or containing an e-Statement or a Disclosure is referred to as a “Notice Email.” Delivery of some Disclosures in electronic form does not require the Bank to deliver all notices or all notices of a particular type electronically.
A Notice Email to one owner of a joint owner Designated Account is considered notice to all owners. Notice Emails will be considered sufficient notice regardless of whether you actually access the Notice Email or the e-Statements or Disclosures through Valley Bank Online Banking.
Your Right to Receive a Paper Copy
If you have opted to receive electronic delivery of your monthly statement, you will still have a right to request a paper copy of your statement be made available. Requests may be made by telephone by calling Valley Bank at (406) 752-7123. Valley Bank will provide one (1) paper statement free of charge. You will be charged $5.00 per statement for any additional statements unless the requested statements are in related to a documented bank error.
You are required to provide the Bank with a valid email address. It is your responsibility to update your email address through Online Banking if you change your email address. If a Notice Email is returned undeliverable, the Bank may at its discretion discontinue your e-Statements Service and begin sending your periodic statements and Disclosures to you in paper form at the last postal address shown on our records.
You must maintain your e-mail address and access to the internet. You agree to maintain access at all times to personal computer capability sufficient to receive Notice E-mails, view your e-Statements and Disclosures, and to either download or print your e-Statements and Disclosures. If additional software becomes necessary to do any of these acts, you agree to obtain such software at your expense or to discontinue the Service.
System Requirements to Access Information
To receive an electronic copy of the disclosures, notices, terms and conditions, other documents, and changes you must have the following equipment and software:
A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of either Microsoft® Internet Explorer version 6.0 (available for downloading at http://www.microsoft.com/windows/ie/downloads/default.asp) and your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.
You must have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 8.0 and above (available for downloading at http://www.adobe.com/products/acrobat/readstep2.html). Your access to this page verifies that your system/device has the necessary software to permit you to receive and access PDF files.
System Requirements to Retain Information
To retain a copy of the disclosures, notices, terms and conditions, other documents, your device must have the ability to download and store PDF files.
Termination of e-Statements
You may un-enroll for e-Statements by notifying Valley Bank of Kalispell at (406) 752-7123. There is no fee for un-enrolling. Termination of the e-Statements Service will automatically occur upon the first of the following events to happen: you un-enroll your accounts in the e-Statements Service or you close all of your Designated Accounts. We may also terminate the e-Statements Service for any or all Designated Accounts at our discretion. Upon termination of the e-Statements Service for any reason other than the closing of all of your Designated Accounts, paper notices and statements will be immediately resumed. The termination of the e-Statements Service in no way affects the validity or legal effect of all e-Statements and Disclosures which have been previously delivered electronically under this e-Statements Service.
WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE E-STATEMENTS OR NOTICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE E-STATEMENT SERVICE WILL OPERATE WITHOUT ERROR, OR THAT THE E-STATEMENT SERVICE WILL BE AVAILABLE AT ALL TIMES, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW. YOU AGREE THAT THE BANK’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY E-STATEMENT SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF E-STATEMENTS, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THIS E-STATEMENT SERVICE.
Review of e-Statements
Your use of this e-Statement Service does not in any way alter your obligation to promptly review your e-Statements and to notify us of any error, alteration or other irregularity. All provisions as set forth in the Deposit Agreement shall continue to apply. Your e-statements will be considered delivered on the date that they are sent to the e-mail address you have designated, whether you actually receive the Notice E-mail or not.
Responsibility for User ID and Password
It is your responsibility to maintain control and safeguard your User ID and Password for Online Banking under the Online Banking Disclosure. In addition, it is your responsibility to maintain and safeguard the e-mail account which you designate to receive e-Statements and Disclosures.
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your Designated Accounts as soon as you receive it. You agree to protect the confidentiality of your account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. You acknowledge that the Internet is inherently insecure and that all data transfers occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing e-Statements will not be monitored or read by others. You agree to indemnify, defend, and hold harmless Bank and its successors, assigns, affiliates, officers, employees, directors, and agents against any loss, claims, damages, judgments, awards, legal obligations, costs or expenses, including, without limitation, all fees and expenses of Bank based upon, arising out of, or related in any way to your failure to protect your confidential information.
We may change any term of the Agreement at any time. We will provide prior notice to you as required by law or regulation. Such notice may be by e-mail, U.S. mail, or by message on your e-Statement. We may not provide prior notice to you if the change is being made to ensure the security of the e-Statement Service; however, we will provide such notice as soon as reasonably possible after such change.
This Agreement is entered in the state of Montana and shall be governed by the laws of the state of Montana. Neither party may assign or transfer any of its rights or obligations under this Agreement, but the provisions of the Agreement shall be binding and inure to the benefit of any legal successor to the Bank, whether by merger, consolidation, or otherwise.
By checking “I agree” on the e-Statements enrollment page, you are indicating you have read, understood and agree to be bound by the terms of this Agreement; indicating your execution and acceptance of the electronic delivery of the e-Statement Delivery Disclosure; authorizing the delivery of e-Statements and notices on the Designated Accounts as described above; warranting you have the appropriate equipment and software to provide the ability to receive and retain e-Statements and notices on the Designated Accounts, warranting that you have successfully viewed the sample statement linked in this Agreement, and warranting you have appropriate authority to act on behalf of the Owners of any and all Designated Accounts.