Internet Banking Services Agreement Disclosure

  

 Internet Banking Services Agreement and Disclosure

AGREEMENT

 

PLEASE READ THIS AGREEMENT CAREFULLY. It includes your rights and obligations as a user of our Internet Banking service. It also describes the rights and obligations of Valley Bank of Kalispell. By pressing the "I Agree" button below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the Internet Banking service that you have downloaded, printed, or otherwise received a copy of these terms and conditions and that you understand them. The terms and conditions of the deposit agreements and disclosures for each of your Valley Bank of Kalispell accounts as well as your other agreements with Valley Bank of Kalispell, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

DEFINITIONS

As used in this Agreement, the words:

"We", "our," "us," means Valley Bank of Kalispell

"You" and "Your" refer to the account holder(s) and anyone else with the authority to exercise control over the funds in the account.

"Account" or "Accounts" means any Valley Bank of Kalispell account from which you are authorized to access using our Internet Banking service.

"Internet Banking" is the Internet based service providing access to your accounts.

"Internet Banking Service" is the Internet-based service providing access to your account(s).

"Services" are the services available to you through the Internet Banking Service.

"Internet Account" means any Valley Bank of Kalispell account from which you will conduct transactions using the Internet Banking Service.

"Password" is the code you create the first time you "log in" that establishes your identity rights for connection to the Service.

"Time of day" references are to Mountain Standard Time.

MST” references mean Mountain Standard Time.

"Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Valley Bank of Kalispell accounts using "Internet Banking"

"Business days" means Monday through Friday. Holidays are not included.

Regular business hours” means: 9:00AM to 4:00PM –Monday through Thursday and 9:00AM to 5:00PM  on Friday .

PASSWORDS 

  

For security purposes you are required to change your password and your Access ID code the first time you access Internet Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.

To guard against unauthorized use of your Access ID and Password, Internet Banking disables the Access ID and/or Password upon three (3) unsuccessful attempts. This will also occur if you incorrectly key your Access ID and/or Password three (3) times. To re-establish your Access ID and/or Password you must contact us to have your password reset or submit an electronic request form by choosing the “NEED ASSISTANCE?” or the “CONTACT US” link at the bottom of each page on our website. You can reach us by calling (406) 752-7123 and we can help you during regular business hours.

You may also have your current password emailed to you by selecting the “FORGOT YOUR PASSWORD?” link that is located on the page that you are directed to after an unsuccessful log-in attempt. You will be asked to provide your access ID in order to receive your password.
If you believe that your password has been lost or stolen or if your password has been discovered by another person, or that someone has transferred or may transfer money from your account without your permission, you should immediately call and/or write us at the telephone number and/or address stated in the Errors and Questions section.

Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Each signer on your Valley Bank of Kalispell account(s) will have access to that account and have to choose their own Access ID and Password.

 

ACCESS

  

You can use Internet Banking seven days a week, twenty-four hours a day, except during special maintenance periods. We will attempt to limit downtime and system maintenance to those hours of operation least impacted by customer usage, when such options are available. We undertake no obligation to monitor transactions through Internet Banking to determine that they are made by you. Valley Bank of Kalispell will provide on line instructions describing how to use the Internet Banking on the initial sign on screen. You may gain access to Internet Banking through the use of your internet-enabled device, your internet service provider, your Access ID and Password from our web-site: www.valleybankmt.com. If you do not access your Internet Banking account(s) during any consecutive (90) ninety-day period your internet banking user record will be deleted. If your records are deleted you can regain access by choosing “ENROLL FOR INTERNET BANKING” from below the log-in menu and going back through the enrollment process. This agreement will remain in effect until you or Valley Bank of Kalispell terminates it. You understand that you may cancel this Agreement at any time by notifying Valley Bank of Kalispell electronically, or by mail at PO Box 48, Kalispell, MT 59901. This will cancel your Internet Banking agreement but will not terminate your accounts with Valley Bank of Kalispell. Valley Bank of Kalispell reserves the right to terminate this Agreement and your access to Internet Banking, in whole or in part, at any time.

 

SECURITY

  

You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your Valley Bank of Kalispell accounts as soon as you receive it. You agree to protect the confidentiality of your account, 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. Your password and Access ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Valley Bank of Kalispell utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Internet Banking Service is secure, you acknowledge that the Internet is inherently insecure. You further acknowledge that all data transfers, including those by electronic mail, occur openly on the Internet and can potentially be monitored and read by others. Accordingly, we cannot and do not make any warranties (expressed or implied) that data transfers utilizing Valley Bank of Kalispell Internet Banking or e-mail transmitted to and from us, will not be monitored or read by others. Neither Valley Bank of Kalispell nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Internet Banking. Valley Bank of Kalispell will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. Except as otherwise provided in this agreement, and in the absence of negligence on the part of Valley Bank of Kalispell, neither Valley Bank of Kalispell, any other information provider, nor any other software supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of our Internet Banking.

  

TRANSFERS

  

Transfers initiated through Internet Banking before 5:00 p.m. (MST) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (MST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Valley Bank of Kalispell identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons, with authorized access to your accounts, concerning any transfers from your account in order to avoid overdrafts. Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments scheduled with a third party, such as health clubs, insurance companies, etc.) Funds may be transferred between your linked checking, savings, credit line and money market accounts, from accounts with the same signers and same vesting only. Any transfer between your accounts is believed to be in good faith by an authorized person. If your account has insufficient funds to perform any electronic fund transfers (EFT) you have requested for a given business day, then:

 

  1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
  2. Electronic fund transfers initiated through Internet Banking, which would result in an overdraft of your account, may at our discretion, be cancelled;
  3. In the event the fund transfers initiated through Internet Banking, which would result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

TRANSFER LIMITATIONS 

The following limitations apply: Savings Account - Transfers from a Regular Savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle. Money Market Account - Transfers from a Money Market account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle with no more than three by check, draft, or similar order to third parties. The number of transfers from Valley Bank of Kalispell accounts and the amounts, which may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER

Valley Bank of Kalispell agrees to make reasonable efforts to ensure full performance of our Internet Banking. We will be responsible for acting only on those instructions sent through our Internet Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. Any information you receive from Valley Bank of Kalispell or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Valley Bank of Kalispell is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information. If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in erroneous amount which is less that the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest, if applicable, on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you cancelled the instructions. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest, if applicable, thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days interest.

 TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

  

 SERVICE DEFINITIONS

"Service" or "The Service" means the bill payment service offered by Valley Bank of Kalispell, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc .

"Agreement" means these terms and conditions of the bill payment service.

"Customer Service" means the Customer Service department of Valley Bank of Kalispell. Please see the ERRORS AND QUESTIONS section below for Customer Service contact information.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

 PROHIBITED PAYMENTS

 Payments to Billers outside of the United States or its territories are prohibited through the Service.

 EXCEPTION PAYMENTS

 Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

 

BILL DELIVERY AND PRESENTMENT

  

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

 THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

 You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 855-204-0843 during Customer Service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  1. Telephone us at 855-204-0843 during Customer Service hours;
  2. Contact us by using the application's e-messaging feature; and/or,
  3. Write us at:  

Valley Bank of Kalispell
41 Third St. West
Kalispell, MT 59901

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  1. Tell us your name and Service account number;
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

 

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, please contact Customer Service via one of the following:

  1. Telephone us at 855-204-0843 during Customer Service hours; or,
  2. Write us at:

Valley Bank of Kalispell
41 Third St. West
Kalispell, MT 59901

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

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.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

TERMS OF USE (for PopmoneySM Personal Payments Service)

Last Updated August 26, 2012

  1. Introduction.      This Terms of Use document (hereinafter "Agreement") is a contract      between you and VALLEY BANK OF KALISPELL (hereinafter "we" or      "us") in connection with the Popmoney® Personal Payments Service      (the "Popmoney Service" or "Service") offered through      our online banking site or mobile applications (the "Site") (the      "Service"). This Agreement applies to your use of the Service      and the portion of the Site through which the Service is offered.
  2. Description Of Service. The Popmoney Service enables you: (1) to initiate a      Payment Instruction from an Eligible Transaction Account to an account at      a U.S. financial institution; and/or (2) to receive a payment from another      person into an Eligible Transaction Account, in U.S. dollars (or in gift      card value, if applicable). Although the ACH Network is often used to      execute Popmoney Service Payment Instructions for the Popmoney Service,      other Payment Networks may be used to facilitate the execution and      transmission of Payment Instructions. All payments must be made through      the Site and are subject to the terms of this Agreement and applicable      laws and regulations, in each case as in effect from time to time. Receipt      of payments may be made through the Site and is subject to the terms of      this Agreement and applicable laws and regulations, in each case as in      effect from time to time. In some instances, receipt of payments may be      made through www.Popmoney.com (the "Popmoney Website") and if      you choose to initiate or receive a payment at the Popmoney Website you      acknowledge and agree that you shall be subject to the terms of other      agreements, including, but not limited to, the "terms of use"      for the Popmoney Website and applicable laws and regulations, in each case      as in effect from time to time.
  3. Service Providers.      We are offering you the Service through one or more Service Providers that      we have engaged to render some or all of the Service to you on our behalf.      However, notwithstanding that we have engaged such a Service Provider to      render some or all of the Service to you, we are the sole party liable to      you for any payments or transfers conducted using the Popmoney Service and      we are solely responsible to you and any Sender, Receiver and Requestor to      the extent any liability attaches in connection with the Popmoney Service.      You agree that we have the right under this Agreement to delegate to      Service Providers all of the rights and performance obligations that we      have under this Agreement, and that the Service Providers will be third      party beneficiaries of this Agreement and will be entitled to all the      rights and protections that this Agreement provides to us. Service      Provider and certain other capitalized terms are defined in a      "Definitions" section at the bottom of this Agreement.
  4. Amendments.      We may amend this Agreement and any applicable fees and charges for the      Service at any time by posting a revised version on the Site. The revised      version will be effective at the time it is posted unless a delayed      effective date is expressly stated in the revision. Any use of the Service      after a notice of change or after the posting of a revised version of this      Agreement on the Site will constitute your agreement to such changes and      revised versions. Further, we may, from time to time, revise, update,      upgrade or enhance the Service and/or related applications or material,      which may render all such prior versions obsolete. Consequently, we      reserve the right to terminate this Agreement as to all such prior      versions of the Service, and/or related applications and material, and      limit access to only the Services more recent revisions, updates, upgrades      or enhancements.
  5. Our Relationship With You. We are an independent contractor for all purposes,      except that we act as your agent with respect to the custody of your funds      for the Service. We do not have control of, or liability for, any products      or services that are paid for with our Service. We also do not guarantee      the identity of any user of the Service (including but not limited to      Receivers to whom you send payments).
  6. Assignment.      You may not transfer or assign any rights or obligations you have under      this Agreement without our prior written consent, which we may withhold in      our sole discretion. We reserve the right to transfer or assign this      Agreement or any right or obligation under this Agreement at any time to      any party. We may also assign or delegate certain of our rights and      responsibilities under this Agreement to independent contractors or other      third parties.
  7. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us      concerning the Site or the Service must be sent by postal mail to:
         Valley Bank of Kalispell
         41 Third St. West
         Kalispell, MT 59901
        
         We may also be reached at 855-204-0843 for questions and other purposes      concerning the Service, but such telephone calls will not constitute legal      notices under this Agreement.
  8. Notices to You.      You agree that we may provide notice to you by posting it on the Site,      sending you an in-product message within the Service, emailing it to an      email address that you have provided us, mailing it to any postal address      that you have provided us, or by sending it as a text message to any      mobile phone number that you have provided us, including but not limited      to the mobile phone number that you have listed in your Service setup or      customer profile. For example, users of the Service may receive certain      notices (such as notices of processed Payment Instructions, alerts for      validation and notices of receipt of payments) as text messages on their      mobile phones. All notices by any of these methods shall be deemed      received by you no later than twenty-four (24) hours after they are sent      or posted, except for notice by postal mail, which shall be deemed      received by you no later than three (3) business days after it is mailed.      You may request a paper copy of any legally required disclosures and you      may terminate your consent to receive required disclosures through      electronic communications by contacting us as described in section 7      above. We reserve the right to charge you a reasonable fee not to exceed      twenty (20) dollars to respond to each such request. We reserve the right      to terminate your use of the Service if you withdraw your consent to      receive electronic communications.
  9. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a      wireless/cellular, mobile telephone number and/or email address), you      consent to receiving calls from us at that number and/or e-mails from us      for our everyday business purposes (including identify verification). You      further consent to receiving text messages from us at that number, and/or      e-mails from us for marketing purposes. Please review our Privacy Policy      for more information.
  10. Receipts and Transaction History. You may view your Popmoney transaction history by      logging into the Service and looking at your transaction history. You      agree to review your transactions by this method instead of receiving      receipts or periodic statements by mail.
  11. Your Privacy.      Protecting your privacy is very important to us. Please review our Privacy      Policy in order to better understand our commitment to maintaining your      privacy, as well as our use and disclosure of your information.
  12. Privacy of Others.      If you receive information about another person through the Service, you      agree to keep the information confidential and only use it in connection      with the Service.
  13. Eligibility.      The Service is offered only to individual residents of the United States      who can form legally binding contracts under applicable law. Without      limiting the foregoing, the Service is not offered to minors unless the      minor is using an Eligible Transaction Account in the name of the minor      with a parent or guardian as a co-signor or guarantor. By using the      Service, you represent that you meet these requirements and that you agree      to be bound by this Agreement.
  14. Prohibited Payments.      The following types of payments are prohibited through the Service, and we      have the right but not the obligation to monitor for, block, cancel and/or      reverse such payments:
    1. Payments to or from persons or entities located in       prohibited territories (including any territory outside of the United       States); and
    2. Payments that violate any law, statute, ordinance or       regulation; and
    3. Payments that violate the Acceptable Use terms in       section 15 below; and
    4. Payments related to: (1) tobacco products, (2)       prescription drugs and devices; (3) narcotics, steroids, controlled substances       or other products that present a risk to consumer safety; (4) drug       paraphernalia; (5) ammunition, firearms, or firearm parts or related       accessories; (6) weapons or knives regulated under applicable law; (7)       goods or services that encourage, promote, facilitate or instruct others       to engage in illegal activity; (8) goods or services that are sexually       oriented; (9) goods or services that promote hate, violence, racial       intolerance, or the financial exploitation of a crime; (10) goods or       services that defame, abuse, harass or threaten others; (11) goods or       services that include any language or images that are bigoted, hateful,       racially offensive, vulgar, obscene, indecent or discourteous; (12) goods       or services that advertise or sell to, or solicit others; or (13) goods       or services that infringe or violate any copyright, trademark, right of       publicity or privacy or any other proprietary right under the laws of any       jurisdiction; and
    5. Payments related to gambling, gaming and/or any other       activity with an entry fee and a prize, including, but not limited to       casino games, sports betting, horse or greyhound racing, lottery tickets,       other ventures that facilitate gambling, games of skill (whether or not       it is legally defined as a lottery) and sweepstakes; and
    6. Payments relating to transactions that (1) support       pyramid or ponzi schemes, matrix programs, other "get rich       quick" schemes or multi-level marketing programs, (2) are associated       with purchases of real property, annuities or lottery contracts, lay-away       systems, off-shore banking or transactions to finance or refinance debts       funded by a credit card, (3) are for the sale of items before the seller       has control or possession of the item, (4) constitute money-laundering or       terrorist financing; (5) are associated with the following "money       service business" activities: the sale of traveler's checks or money       orders, currency dealers or exchanges or check cashing, or (6) provide       credit repair or debt settlement services; and
    7. Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

  1. Acceptable Use.      You agree that you are independently responsible for complying with all      applicable laws in all of your activities related to your use of the      Service, regardless of the purpose of the use, and for all communications      you send through the Service. We and our Service Providers have the right      but not the obligation to monitor and remove communications content that      we find in our sole discretion to be objectionable in any way. In      addition, you are prohibited from using the Service for communications or      activities that: (a) violate any law, statute, ordinance or regulation;      (b) promote hate, violence, racial intolerance, or the financial      exploitation of a crime; (c) defame, abuse, harass or threaten others; (d)      include any language or images that are bigoted, hateful, racially      offensive, vulgar, obscene, indecent or discourteous; (e) infringe or      violate any copyright, trademark, right of publicity or privacy or any      other proprietary right under the laws of any jurisdiction; (f) impose an      unreasonable or disproportionately large load on our infrastructure; (g)      facilitate any viruses, trojan horses, worms or other computer programming      routines that may damage, detrimentally interfere with, surreptitiously      intercept or expropriate any system, data or information; (h) constitute      use of any robot, spider, other automatic device, or manual process to      monitor or copy the Service or the portion of the Site through which the      Service is offered without our prior written permission; (i) constitute      use of any device, software or routine to bypass technology protecting the      Site or Service, or interfere or attempt to interfere, with the Site or      the Service; or (j) may cause us or our Service Providers to lose any of      the services from our internet service providers, payment processors, or      other vendors. We encourage you to provide notice to us by the methods      described in section 7 above of any violations of this section or the      Agreement generally.
  2. Payment Authorization and Payment Remittance.
    1. By providing us with names and telephone numbers,       email addresses, and/or bank account information of Receivers to whom you       wish to direct payments, you authorize us to follow the Payment       Instructions that we receive through the Service. Once registered, you       authorize us to credit your Eligible Transaction Account for payments       remitted to you on behalf of a Sender without further approval from you.
    2. When we receive a Payment Instruction from you, you       authorize us to debit your Eligible Transaction Account for the amount of       any such Payment Instruction plus any related fees in effect (and as       disclosed on the Site) at the time you initiate the Payment Instruction,       and to remit funds on your behalf. You acknowledge and agree that any       applicable fees will be charged when we receive a Payment Instruction       from you, regardless of whether the Payment Instruction is ultimately       completed. You also authorize us to credit your Eligible Transaction       Account for the receipt of payments, including but not limited to those       payments returned to us from Receivers to whom you sent payment(s) and       those payments that were cancelled and returned to you because the       processing of the Payment Instruction could not be completed.
    3. You acknowledge and agree that if your Payment       Instructions identify an account by name and account number, the relevant       financial institution may execute those Payment Instructions by reference       to the account number only, even if such account number does not       correspond to the account name. You further acknowledge and agree that       financial institutions holding the account may choose to not investigate       discrepancies between account names and account numbers and that we have       no responsibility to investigate discrepancies between account names and       account numbers.
    4. You agree that we will not be liable in any way for       any payments that you may receive, regardless of whether you authorized       the Sender to send them to you.
    5. We will use reasonable efforts to complete all your       Payment Instructions properly. However, we shall incur no liability if we       are unable to complete any transaction because of the existence of any       one or more of the following circumstances:
          
      1. If, through no fault of ours,        the Eligible Transaction Account does not contain sufficient funds to        complete the Payment Instruction or the Payment Instruction would exceed        the credit limit of your overdraft account;
      2.   
      3. The Service is not working        properly and you know or have been advised by us about the malfunction        before you execute the Payment Instruction;
      4.   
      5. The payment is refused as        described in Section 20 below;
      6.   
      7. You have not provided us with        the correct information, including but not limited to the correct        Payment Instructions or Eligible Transaction Account information, or the        correct name and address or mobile phone number of the Receiver to whom        you are initiating a Payment Instruction; and/or,
      8.   
      9. Circumstances beyond our        control (such as, but not limited to, fire, flood, network or system        down time, issues with the financial institution, or interference from        an outside force) prevent the proper execution of the Payment        Instruction.
    6. It is the responsibility of the Sender and the       Receiver to ensure the accuracy of any information that they enter into       the Service (including but not limited to the Payment Instructions and       name, telephone number and/or email address for the Receiver to whom you       are attempting to send a payment), and for informing us as soon as       possible if they become aware that this information is inaccurate. We       will make a reasonable effort to stop or recover a payment made to the       wrong person or entity once informed, but we do not guarantee such       stoppage or recovery and will bear no responsibility or liability for       damages resulting from incorrect information entered by the Sender or       Receiver
  3. Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to      a Receiver for which processing shall be initiated immediately, (b) a      one-time Payment Instruction to a Receiver for which processing shall be      initiated at a later specified date up to one (1) year, and (c) a recurring      series of Payment Instructions to a Receiver for which processing shall be      initiated on the specified dates. Further details about each of these      options can be found on the Site.

Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution's website or mobile application to complete the Payment Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) , or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of section 20, below.

  1. Receiving Payments.      If another person wants to initiate a Payment Instruction (including in      response to a Popmoney Request, if applicable) using the Popmoney Service      to an Eligible Transaction Account you hold or, as applicable, if you as a      Requestor want to initiate a Popmoney Request, he, she or you can do that      from the Site or from an Eligible Transaction Account at a financial      institution that participates in the Popmoney Service or at the Popmoney      Website. Or, as applicable, if another person wants to send you a gift card      using the Service, he or she can do that from an Eligible Transaction      Account at a financial institution that participates in the Service and      makes available the purchase of gift cards through the Service.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

  1. Payment Methods and Amounts. There are limits on the amount of money or gift card      value you can send or receive through our Service. Your limits may be      adjusted from time-to-time at our sole discretion. You may log in to the      Site to view your individual transaction limits. We also reserve the right      to select the method in which to remit funds on your behalf, and the      method to return funds to you in the event that your Eligible Transaction      Account is closed or otherwise unavailable to us. These payment methods      may include, but may not be limited to, an electronic or paper check      payment.
  2. Payment Cancellation, Stop Payment Requests and Refused      Payments. Sender may cancel the      initiation of a Payment Instruction or stop a Payment Instruction at any      time until the processing of the Payment Instruction into the Receiver's      Eligible Transaction Account has begun. Our ability to stop a Payment      Instruction or recover funds associated with an unauthorized Payment      Instruction will depend on the manner in which the Payment Instruction was      initiated, and whether the Payment Instruction to the Receiver's Eligible      Transaction Account has begun processing. Although we will make a      reasonable effort to accommodate a stop payment request and to recover      funds associated with an unauthorized Payment Instruction, we will have no      liability for failing to do so. We may also require you to present your      stop payment request or request to recover funds in writing within      fourteen (14) days after contacting customer care. The charge for each      stop payment or fund recovery request will be the current charge for such      stop payment or funds recovery service as set out in the applicable fee      schedule or as disclosed through the Site. Payments not claimed by a      Receiver will be automatically cancelled ten (10) days after the      processing of the payment begins. When a Sender initiates a Payment      Instruction, the Receiver is not required to accept the payment. You agree      that you as a Sender will not hold us liable for any damages resulting      from a Receiver's decision to accept or not to accept a Payment      Instruction initiated or attempted through the Service. We will, to the      extent permitted by law, make reasonable attempts to return any unclaimed,      refused, refunded, prohibited, or denied payment to your Eligible      Transaction Account or use other reasonable efforts to return such payment      to you as permitted by law.
  3. Your Liability For Unauthorized Transfers. Immediately following your discovery of an      unauthorized Payment Instruction, you shall communicate with customer care      for the Service in the manner set forth in section 7, above. You      acknowledge and agree that time is of the essence such situations. If you      tell us within two (2) Business Days after you discover your password or      other means to access your account through which you access the Service      has been lost or stolen, your liability is no more than $50.00 should      someone access your account without your permission. If you do not tell us      within two (2) Business Days after you learn of such loss or theft, and we      can prove that we could have prevented the unauthorized use of your      password or other means to access your account if you had told us, you      could be liable for as much as $500.00. If your monthly financial      institution statement contains payments that you did not authorize, you      must tell us at once. If you do not tell us within sixty (60) days after      the statement was sent to you, you may lose any amount transferred without      your authorization after the sixty (60) days if we can prove that we could      have stopped someone from taking the money had you told us in time. If a      good reason (such as a long trip or a hospital stay) prevented you from      telling us, we may in our sole discretion extend the period.
  4. Mobile Phone Users.      Your phone service provider is not the provider of the Service. Users of      the Service will receive text messages relating to their Payment      Instructions and other notices from time to time if a mobile phone number      is provided. Data and messaging charges from your telecommunications      provider may apply, and you are responsible for any such charges. In the      event your enrolled mobile device is lost or stolen, you agree to update your      enrollment information and make the appropriate changes to disable the use      of such device. You understand that there are risks associated with using      a mobile device, and that in the event of theft or loss, your confidential      information could be compromised. If you have questions about mobile      service, you may send a text message with the word "HELP" to      this number: 767666. To stop receiving text messages on your mobile phone,      text "STOP" to this number: 767666.
  5. Taxes.      It is your responsibility to determine what, if any, taxes apply to the      transactions you make or receive, and it is your responsibility to      collect, report and remit the correct tax to the appropriate tax      authority. We are not responsible for determining whether taxes apply to      your transaction, or for collecting, reporting or remitting any taxes      arising from any transaction.
  6. Service Fees and Additional Charges. You understand and agree that you are responsible for      paying all fees associated with your use of the Service. Applicable fees      will be disclosed in the user interface for, or elsewhere within, the      Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE      FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS      COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO      OUR FAULT, except for those fees that are specifically use-based, such      as Request Money, if applicable. There may be a charge for additional      transactions and other optional services. You agree to pay such charges      and authorize us to deduct the calculated amount from your designated      Eligible Transaction Account for these amounts and any additional charges      that may be incurred by you. Any financial fees associated with your      standard deposit accounts (or Other Eligible Transaction Accounts) will      continue to apply. You are responsible for any and all telephone access      fees and/or Internet service fees that may be assessed by your telephone      and/or Internet service provider.
  7. Failed Or Returned Payment Instructions. In using the Service, you are requesting us to attempt      to make payments for you from your Eligible Transaction Account. If we are      unable to complete the Payment Instruction for any reason associated with      your Eligible Transaction Account (for example, there are insufficient funds      in your Eligible Transaction Account, or the Payment Instruction would      exceed the credit or overdraft protection limit of your Eligible      Transaction Account, to cover the payment), the Payment Instruction may      not be completed. In some instances, you will receive a return notice from      us. In each such case, you agree that:
    1. You will reimburse us immediately upon demand the       amount of the Payment Instruction if we have delivered the payment to the       Receiver but there are insufficient funds in, or insufficient overdraft       credits associated with, your Eligible Transaction Account to allow us to       complete the debit processing;
    2. For any amount not reimbursed to us within fifteen       (15) days of the initial notification, a late charge equal to one and a       half percent (1.5%) monthly interest or the legal maximum, whichever rate       is lower, for any unpaid amounts may be imposed;
    3. You may be assessed a fee by our Service Provider and       by us if the Payment Instruction cannot be debited because you have       insufficient funds in your Eligible Transaction Account, or the       transaction would exceed the credit or overdraft protection limit of your       Eligible Transaction Account, to cover the payment, or if we cannot       otherwise collect the funds from you; the fee amount will be as set forth       in your fee schedule from us (including as disclosed on the Site) or your       account agreement with us. You hereby authorize us to deduct these       amounts from your designated Eligible Transaction Account, including by       ACH debit;
    4. You will reimburse us for any fees or costs we incur       in attempting to collect any amounts from you; and
    5. We are authorized to report the facts concerning the       return to any credit reporting agency
  8. Address or Banking Changes. It is your sole responsibility and you agree to ensure      that the contact information in your user profile is current and accurate.      This includes, but is not limited to, name, physical address, phone      numbers and email addresses. Changes can be made within the user interface      of the Service or by contacting customer care for the Service as set forth      in section 7 above. We are not responsible for any payment processing      errors or fees incurred if you do not provide accurate Eligible      Transaction Account, Payment Instructions or contact information.
  9. Refused Payments.      We reserve the right to refuse to pay any Receiver. We will attempt to      notify the Sender promptly if we decide to refuse to pay a Receiver      designated by the Sender. This notification is not required if you attempt      to make a prohibited payment under this Agreement.
  10. Returned Payments.      In using the Service, you understand that Receivers may reject Payment      Instructions or otherwise return payments. We will use reasonable efforts      to complete Payment Instructions initiated through the Service.
  11. Information Authorization. Your enrollment in the Service may not be fulfilled if      we cannot verify your identity or other necessary information. Through      your enrollment in the Service as a Sender, you agree that we reserve the      right to request a review of your credit rating at our own expense through      an authorized bureau. In addition, and in accordance with our Privacy      Policy, you agree that we reserve the right to obtain personal information      about you, including without limitation, financial information and      transaction history regarding your Eligible Transaction Account. You      further understand and agree that we reserve the right to use personal      information about you for our and our Service Providers' everyday business      purposes, such as to maintain your ability to access the Service, to      authenticate you when you log in, to send you information about the      Service, to perform fraud screening, to verify your identity, to determine      your transaction limits, to perform collections, to comply with laws,      regulations, court orders and lawful instructions from government      agencies, to protect the personal safety of subscribers or the public, to      defend claims, to resolve disputes, to troubleshoot problems, to enforce      this Agreement, to protect our rights and property, and to customize,      measure, and improve the Service and the content and layout of the Site.      Additionally, we and our Service Providers may use your information for      risk management purposes and may use, store and disclose your information      acquired in connection with this Agreement as permitted by law, including      (without limitation) any use to effect, administer or enforce a      transaction or to protect against or prevent actual or potential fraud,      unauthorized transactions, claims or other liability. We and our Service      Providers shall have the right to retain such data even after termination      or expiration of this Agreement for risk management, regulatory      compliance, audit reasons and as permitted by applicable law for everyday      business purposes. In addition we and our Service Providers may use, store      and disclose such information acquired in connection with the Services in      statistical form for pattern recognition, modeling, enhancement and      improvement, system analysis and to analyze the performance of the      Services.
  12. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us      as set forth in section 7 above. Any payment(s) that have begun processing      before the requested cancellation date will be processed by us. You agree      that we may terminate or suspend your use of the Service at any time and      for any reason or no reason. Neither termination nor suspension shall      affect your liability or obligations under this Agreement.
  13. Errors, Questions, and Complaints.
    1. In case of errors or questions about your transactions,       you should as soon as possible contact us as set forth in section 7       above.
    2. If you think your transaction history is incorrect or       you need more information about a transaction listed in the transaction       history, we must hear from you no later than sixty (60) days after the       transaction in which the problem or error appears is first posted in the       transaction history. You must:
          
      1. Tell us your name;
      2.   
      3. Describe the error or the        transaction in question, and explain as clearly as possible why you        believe it is an error or why you need more information; and,
      4.   
      5. Tell us the dollar amount of        the suspected error.
    3. If you tell us verbally, we may require that you send       your complaint in writing within ten (10) Business Days after your verbal       notification. We will tell you the results of our investigation within       ten (10) Business Days after we hear from you, and will correct any error       promptly. However, if we require more time to confirm the nature of your       complaint or question, we reserve the right to take up to forty-five (45)       days to complete our investigation. If we decide to do this, we will       provisionally credit your Eligible Transaction Account within ten (10)       Business Days for the amount you think is in error. If we ask you to       submit your complaint or question in writing and we do not receive it       within ten (10) Business Days, we may not provisionally credit your       Eligible Transaction Account. If it is determined there was no error we       will mail you a written explanation within three (3) Business Days after       completion of our investigation. You may ask for copies of documents used       in our investigation. We may revoke any provisional credit provided to       you if we find an error did not occur.

 

  1. Intellectual Property. "Popmoney" is a trademark of CashEdge Inc.      or its Affiliates. All other marks and logos related to the Service are      either trademarks or registered trademarks of us or our licensors. In      addition, all page headers, custom graphics, button icons, and scripts are      our service marks, trademarks, and/or trade dress or those of our      licensors. You may not copy, imitate, or use any of the above without our      prior written consent, which we may withhold in our sole discretion, and      you may not use them in a manner that is disparaging to us or the Service      or display them in any manner that implies our sponsorship or endorsement.      All right, title and interest in and to the Service, the portion of the      Site through which the Service is offered, the technology related to the      Site and Service, and any and all technology and any content created or      derived from any of the foregoing, is our exclusive property or that of      our licensors. Moreover, any suggestions, ideas, notes, drawings,      concepts, or other information you may send to us through or regarding the      Site or Service shall be considered an uncompensated contribution of      intellectual property to us and our licensors, shall also be deemed our      and our licensors' exclusive intellectual property, and shall not be      subject to any obligation of confidentiality on our part. By submitting any      such materials to us, you automatically grant (or warrant that the owner      of such materials has expressly granted) to us and our licensors a      perpetual, royalty-free, irrevocable, non-exclusive right and license to      use, reproduce, modify, adapt, publish, translate, publicly perform and      display, create derivative works from and distribute such materials or      incorporate such materials into any form, medium, or technology now known      or later developed, and you warrant that all so-called "moral rights"      in those materials have been waived, and you warrant that you have the      right to make these warranties and transfers of rights.
  2. Links and Frames.      Links to other sites may be provided on the portion of the Site through      which the Service is offered for your convenience. By providing these      links, we are not endorsing, sponsoring or recommending such sites or the      materials disseminated by or services provided by them, and are not      responsible for the materials, services or other situations at or related      to or from any other site, and make no representations concerning the      content of sites listed in any of the Service web pages. Consequently, we      cannot be held responsible for the accuracy, relevancy, copyright      compliance, legality or decency of material contained in sites listed in      any search results or otherwise linked to the Site. For example, if you      "click" on a banner advertisement or a search result, your      "click" may take you off the Site. This may include links from      advertisers, sponsors, and content partners that may use our logo(s) as      part of a co-branding agreement. These other sites may send their own      cookies to users, collect data, solicit personal information, or contain      information that you may find inappropriate or offensive. In addition,      advertisers on the Site may send cookies to users that we do not control.      You may link to the home page of our Site. However, you may not link to      other pages of our Site without our express written permission. You also      may not "frame" material on our Site without our express written      permission. We reserve the right to disable links from any third party      sites to the Site.
  3. Password and Security. If you are issued or create any password or other      credentials to access the Service or the portion of the Site through which      the Service is offered, you agree not to give or make available your      password or credentials to any unauthorized individuals, and you agree to      be responsible for all actions taken by anyone to whom you have provided      such credentials. If you believe that your credentials have been lost or      stolen or that someone may attempt to use them to access the Site or      Service without your consent, you must inform us at once at the telephone      number provided in section 7 above. See also section 21 above regarding      how the timeliness of your notice impacts your liability for unauthorized      transfers.
  4. Remedies.      If we have reason to believe that you have engaged in any of the      prohibited or unauthorized activities described in this Agreement or have      otherwise breached your obligations under this Agreement, we may      terminate, suspend or limit your access to or use of the Site or the      Service; notify law enforcement, regulatory authorities, impacted third      parties, and others as we deem appropriate; refuse to provide our services      to you in the future; and/or take legal action against you. In addition,      we, in our sole discretion, reserve the right to terminate this Agreement,      access to the Site and/or use of the Service for any reason or no reason      and at any time. The remedies contained in this section 36 are cumulative      and are in addition to the other rights and remedies available to us under      this Agreement, by law or otherwise.
  5. Disputes.      In the event of a dispute regarding the Service, you and we agree to      resolve the dispute by looking to this Agreement.
  6. Arbitration. For any claim (excluding claims for      injunctive or other equitable relief) where the total amount of the award      sought is less than $10,000.00 USD, the party requesting relief may elect      to resolve the dispute in a cost effective manner through binding      non-appearance-based arbitration. If a party elects arbitration, that      party will initiate such arbitration through Judicial Arbitration and      Mediation Services ("JAMS"), the American Arbitration      Association ("AAA"), or an established alternative dispute      resolution (ADR) administrator mutually agreed upon by the parties. The      parties agree that the following rules shall apply: (a) the arbitration      may be conducted telephonically, online and/or be solely based on written      submissions, at the election of the party initiating the arbitration; (b)      the arbitration shall not involve any personal appearance by the parties ,      their representatives or witnesses unless otherwise mutually agreed by the      parties; (c) discovery shall not be permitted; (d) the matter shall be      submitted for decision within ninety (90) days of initiation of      arbitration, unless otherwise agreed by the parties, and the arbitrator      must render a decision within thirty (30) days of submission; and (e) any      award in such arbitration shall be final and binding upon the parties and      may be submitted to any court of competent jurisdiction for confirmation.      The parties acknowledge that remedies available under federal, state and      local laws remain available through arbitration. NO CLASS ACTION, OTHER      REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR      CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE      ALLOWABLE IN ARBITRATION.     
  7. Law and Forum for Disputes. Unless our account agreement with you states      otherwise, this Agreement shall be governed by and construed in accordance      with the laws of the State in which you reside, without regard to its      conflicts of laws provisions. To the extent that the terms of this      Agreement conflict with applicable state or federal law, such state or      federal law shall replace such conflicting terms only to the extent      required by law. Unless expressly stated otherwise, all other terms of      this Agreement shall remain in full force and effect. Unless our account      agreement with you states otherwise, you agree that any claim or dispute      you may have against us (other than those which are arbitrated under      section 37 above) must be resolved by a court located in the county in      which you reside. You agree to submit to the personal jurisdiction of such      courts for the purpose of litigating all claims or disputes unless said      claim is submitted to arbitration under section 37 of this Agreement. The      United Nations Convention on Contracts for the International Sale of Goods      shall not apply to this Agreement. Both parties agree to waive any right      to have a jury participate in the resolution of any dispute or claim      between the parties or any of their respective Affiliates arising under      this Agreement.
  8. Indemnification.      You agree to defend, indemnify and hold harmless us and our Affiliates and      Service Providers and their Affiliates and the employees and contractors      of each of these, from any loss, damage, claim or demand (including      attorneys fees) made or incurred by any third party due to or arising out      of your breach of this Agreement and/or your use of the Site or the      Service.
  9. Release.      You release us and our Affiliates and Service Providers and the employees      and contractors of each of these, from any and all claims, demands and      damages (actual and consequential) of every kind and nature arising out of      or in any way connected with any dispute that may arise between you or one      or more other users of the Site or the Service. In addition, you waive      California Civil Code §1542, which states that a general release does not      extend to claims which the creditor does not know or suspect to exist in      his favor at the time of executing the release, which if not known by him      must have materially affected his settlement with the debtor.
  10. No Waiver.      We shall not be deemed to have waived any rights or remedies hereunder      unless such waiver is in writing and signed by one of our authorized      representatives. No delay or omission on our part in exercising any rights      or remedies shall operate as a waiver of such rights or remedies or any      other rights or remedies. A waiver on any one occasion shall not be      construed as a bar or waiver of any rights or remedies on future      occasions.
  11. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE      PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED      OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF      TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND      NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS,      UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION      OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR      CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED      WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH      GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS      THAT VARY FROM STATE TO STATE.
  12. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES      AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS      AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND      THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU      ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED,      INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME      DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT      LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE      SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS      INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR      AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF      THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE      CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR      SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE      PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR      ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY      DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF      THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE,      OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE      SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND      NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR      SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE      LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION      OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN      WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS      DESCRIBED IN SECTIONS 37 AND 38 ABOVE WITHIN TWO (2) YEARS OF THE DATE      THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL      APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT,      TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE      LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE      PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND      ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS      AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM      OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR      LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION      OR EXCLUSION MAY NOT APPLY TO YOU.
  13. Complete Agreement, Severability, Captions, and      Survival. You agree that this Agreement      is the complete and exclusive statement of the agreement between us, sets      forth the entire understanding between us and you with respect to the      Services and the portion of the Site through which the Services are      offered and supersedes any proposal or prior agreement, oral or written,      and any other communications between us. If any provision of this      Agreement is held to be invalid or unenforceable, such provision shall be      struck and the remaining provisions shall be enforced. The captions of      sections hereof are for convenience only and shall not control or affect      the meaning or construction of any of the provisions of this Agreement.      Sections 3, 6-9, 12, 23, 25, 32 and 35-44, as well as any other terms      which by their nature should survive, will survive the termination of this      Agreement. If there is a conflict between the terms of this Agreement and      something stated by an employee or contractor of ours (including but not      limited to its customer care personnel), the terms of the Agreement will      prevail.
  14. Definitions.     
    1. "ACH Network" means the funds transfer       system, governed by the NACHA Rules, that provides funds transfer       services to participating financial institutions.
    2. "Affiliates" are companies related by common       ownership or control.
    3. "Business Day" is every Monday through       Friday, excluding Federal Reserve holidays or other days that banks are       legally closed
    4. "Eligible Transaction Account" is a       transaction account from which your payments will be debited, your       Popmoney Services fees will be automatically debited, or to which       payments and credits to you will be credited. An Eligible Transaction       Account may include a checking, money market or other direct deposit       account, credit card account, or debit card account, including any       required routing information.
    5. "Payment Instruction" is the information       provided by the Sender to the Popmoney Service for a payment to be made       to a Receiver (such as, but not limited to, name, mobile telephone       number, email address, and bank account and routing number information).
    6. "Payment Network" means a debit or credit       network (such as the ACH Network or ACCEL / Exchange payment network)       through which funds may be transferred.
    7. "Popmoney Request" means functionality that,       if provided to you, allows a Requestor to request that another individual       initiate a Payment Instruction to the Requestor through the Popmoney       Service.
    8. "Receiver" is a person or business entity       that is sent a Payment Instruction through the Service.
    9. "Requestor" is a person that requests an       individual to initiate a Payment Instruction through the Popmoney       Service.
    10. "Sender" is a person or business entity that       sends a Payment Instruction through the Service.
    11. "Service Provider" means companies that we have       engaged (and their Affiliates) to render some or all of the Service to       you on our behalf.

SUPPLEMENTAL TERMS OF USE (for Instant Payments feature of Popmoney® Personal Payments Service)

Last updated October 15, 2013

The following supplemental Terms of Use ("Supplement") applies to the Popmoney Instant Payments feature within the Popmoney Service ("Popmoney Instant Payments"), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Popmoney Instant Payments. If Popmoney Instant Payments are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Popmoney Instant Payments, then the terms in this Supplement shall apply.

 

  1. Description Of Service. Popmoney Instant Payments facilitates real-time      payments via the use of PIN debit card Payment Networks ("Debit Card      Payment Networks") such as Accel to deliver funds      immediately. For Popmoney Instant Payments, we will use a Debit Card      Payment Network or other Payment Network designed to transfer funds on the      same day or sooner, if practicable, to debit or credit funds to the      Eligible Transaction Account of the Receiver, as applicable. Popmoney      Instant Payments is only available for Payment Instructions submitted by a      Sender to a Receiver (and not via a Popmoney Request). Not all Payment      Networks participate in Popmoney Instant Payments. Popmoney Instant      Payments are not instantaneous. Payment delivery speed may vary based upon      the funds availability policy of each financial institution and Payment      Network availability.
  2. Payment Authorization and Payment Remittance. We are not responsible for the performance, speed, or      other acts or omissions of the Payment Networks. Notwithstanding anything      to the contrary in the Agreement, Popmoney Instant Payments settlements      are final except as set forth in the applicable Payment Network rules and      recovery may not be possible; however, if applicable Payment Network rules      allow for reversal of funds, we will attempt to recover such funds from      the Receiver's Eligible Transaction Account. We shall not be obligated to      comply with the Automated Clearinghouse (ACH) Rules in such recovery      efforts or otherwise in connection with Popmoney Instant Payments. We are      only responsible for delivery of the applicable Payment Instructions to      the applicable Payment Network in the format required by the applicable      Payment Network's specifications. We will choose the Payment Networks in      which we will participate in our sole discretion.
  3. Initiation of Payment Instructions. For Popmoney Instant Payments, you can initiate a      one-time Payment Instruction to a Receiver for which processing shall be      initiated immediately using (i) the Receiver's email address or mobile      number, and the Popmoney Service will validate the Popmoney Instant      Payments eligibility of the Receiver prior to transferring the funds; or      (ii) the Receiver's debit card information, and the funds will be deposited      into the Receiver's checking or savings account affiliated with the debit      card.
  4. Payment Cancellation, Stop Payment Requests and Refused      Payments. Popmoney Instant Payments      Payment Instructions may not be cancelled as the Payment Instructions will      be processed immediately.

TERMS OF USE Account-to-Account ("A2A")SM Transfer Service

Last updated November 3, 2011.

  1. Introduction.      This Terms of Use document (hereinafter "Agreement") is a      contract between Valley Bank of Kalispell (hereinafter "we" or      "us") and you (hereinafter "you") in connection with      the A2A Transfer Service (the "Service") offered through our      online banking site (the "Site"). This Agreement applies to your      use of the Service and the portion of the Site through which the Service      is offered. By accessing the Service, you acknowledge that you have read      and agree to this Agreement. Please read this Agreement carefully. This      Agreement outlines the legally binding terms and conditions for your use      of the Service.
  2. Service Providers.      We are offering you the Service through one or more "Service      Providers" that we have engaged to render some or all of the Service      to you on our behalf. You agree that we have the right under this      Agreement to delegate to Service Providers all of the rights and      performance obligations that we have under this Agreement, and that the      Service Providers will be intended third party beneficiaries of this      Agreement and will be entitled to all the rights and protections that this      Agreement provides to us. "Service Provider" and certain other      terms are defined in a "Definitions" section at the end of this      Agreement.
  3. Amendments.      We may amend this Agreement and any applicable fees and charges for the      Service at any time by posting a revised version on the Site. The revised      version will be effective at the time it is posted unless a delayed      effective date is expressly stated in the revision. Any use of the Service      after a notice of change will constitute your agreement to such changes.      Further, we may, from time to time, revise or update the Service and/or      related applications or material, which may render all such prior versions      obsolete. Consequently, we reserve the right to terminate this Agreement      as to all such prior versions of the Service, and/or related applications      and material and limit access to only the Service's more recent revisions      and updates. We also reserve the right to terminate the Service in its      entirety.
  4. Our Relationship With You. We are an independent contractor for all purposes,      except that we act as your agent with respect to the custody of your funds      for the Service. We do not guarantee the identity of any user of the      Service (including but not limited to Accounts to which you send      payments).
  5. Assignment.      You may not transfer or assign any rights or obligations you have under      this Agreement without our prior written consent, which we may withhold in      our sole discretion. We reserve the right to transfer or assign this      Agreement or any right or obligation under this Agreement at any time to      any party. We may also assign or delegate certain of our rights and      responsibilities under this Agreement to independent contractors or other      third parties.
  6. Notices to You.      You agree that we may provide notice to you by posting it on the Site,      sending you an in-product message within the Service, emailing it to an      email address that you have provided us, or by mailing it to any postal      address that you have provided us. For example, users of the Service may      receive certain notices (such as notice and receipt of transfers) as text      messages on their mobile device. All notices by any of these methods shall      be deemed received by you no later than twenty-four (24) hours after they      are sent or posted, except for notice by postal mail, which shall be      deemed received by you no later than three (3) business days after it is      mailed. You may request a paper copy of any legally required disclosures      and you may terminate your consent to receive required disclosures through      electronic communications by contacting us as described in section 27      below. We reserve the right to charge you a reasonable fee not to exceed      twenty (20) dollars to respond to each such request. We reserve the right      to close your account if you withdraw your consent to receive electronic      communications.
  7. Calls to You.      By providing us with a telephone number (including a mobile number), you      consent to receiving autodialed and prerecorded message calls from us at      that number for non-marketing purposes. For example, we or our Service      Provider may contact you in connection with validating or processing a      transaction that you've requested through the Service.
  8. Receipts and Transaction History. You may view at least six months of your transaction      history with the applicable Service Provider by logging into your account      and looking at your account transaction history. You agree to review your      transactions by this method instead of receiving receipts by mail.
  9. Your Privacy.      Protecting your privacy is very important to us. Please review our Privacy      Policy in order to better understand our commitment to maintaining your      privacy, as well as our use and disclosure of your information.
  10. Eligibility.      The Service is offered only to individual residents of the United States      who can form legally binding contracts under applicable law. Without      limiting the foregoing, the Service is not offered to minors.
  11. Acceptable Use.      You may use the Service to transfer funds as described in section 12      below. You agree that you are independently responsible for complying with      all applicable laws in all of your activities related to your use of the      Service, regardless of the purpose of the use. In addition, you are      prohibited from using the Service for activities that: (a) violate any      law, statute, ordinance or regulation; (b) payments related to illegal      gambling, illegal gaming and/or any other illegal activity with an entry      fee or a prize, including, but not limited to casino games, sports      betting, horse or greyhound racing, lottery tickets, other ventures that      facilitate gambling, games of skill and sweepstakes (c) violate any      property or proprietary right of any third party, including any copyright,      trademark, or right of publicity or privacy under the laws of any      jurisdiction; (d) impose an unreasonable or disproportionately large load      on our infrastructure; (e) facilitate any viruses, trojan horses, worms or      other computer programming routines that may damage, detrimentally      interfere with, surreptitiously intercept or expropriate any system, data      or information; (f) constitute use of any robot, spider, other automatic      device, or manual process to monitor or copy the Service or the portion of      the Site through which the Service is offered without our prior written      permission; (g) constitute use of any device, software or routine to      bypass technology protecting the Site or Service, or interfere or attempt      to interfere, with the Site or the Service; or (h) may cause us or our      Service Providers to lose any of the services from our internet service      providers, payment processors, or other vendors. We encourage you to      provide notice to us by the methods described in section 27 below of any      violations of this section or this Agreement generally. In no event shall      we or our Service Providers be liable for any claims or damages resulting      from or related to your violation of the acceptable uses of the Service or      this Agreement. We and our Service Providers reserve the right to monitor      and remove any comments you post or submit through the Service.
  12. Transfer Authorization and Processing. (a) The Service enables you to transfer funds: (i)      between your Accounts that you maintain with us; and (ii) between your      Account(s) that you maintain with us on the one hand, and your Account(s)      that are maintained by other financial institutions, on the other hand.      You represent and warrant that you are the sole owner (and not a joint      tenant) of the Transaction Account and the Recipient Account and that you      have all necessary legal right, power and authority to transfer funds from      the Transaction Account to the Recipient Account. Further, you represent      and warrant that the Recipient Account is located in the United States.      (b) When we receive a Transfer Instruction from you, you authorize us to      debit your Transaction Account and remit funds on your behalf to the      Recipient Account designated by you and to debit one of your Accounts as      described below in Section 18 (Service Fees and Additional Charges). You      also authorize us to reverse a transfer from your Recipient Account if the      debit is returned from the Transaction Account for any reason, including      but not limited to nonsufficient funds. (c) We will use reasonable efforts      to make all your transfers properly. However, we shall incur no liability      if we are unable to complete any transfers initiated by you because of the      existence of any one or more of the following circumstances: Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the      amount of money you can transfer through our Service. We also reserve the      right to select the method in which to transfer funds on your behalf, and      the method to return funds to you in the event that the Recipient Account      is closed or otherwise unavailable to us.
    1. If, through no fault of ours, the Transaction Account       does not contain sufficient funds to complete the transfer or the       transfer would exceed the credit limit of your overdraft account;
    2. The Service is not working properly and you know or       have been advised by us about the malfunction before you execute the       transaction;
    3. The transfer is refused as described in section 14       below;
    4. You as a Sender have not provided us with the correct       information, including but not limited to the correct Transaction Account       or Recipient Account information; and/or,
    5. Circumstances beyond our control (such as, but not       limited to, fire, flood, network or system down time, issues with the       financial institution(s), or interference from an outside force) prevent       the proper execution of the transfer and we have taken reasonable       precautions to avoid those circumstances. (d) It is your responsibility       to ensure the accuracy of any information that you enter into the       Service, and for informing us as soon as possible if you become aware       that this information is inaccurate. You may not use a P.O. Box as a       postal address. We will make a reasonable effort to stop or recover a       transfer made to the wrong Recipient Account once informed, but we do not       guarantee such recovery and will bear no responsibility or liability for       damages resulting from incorrect information entered by you.
  13. Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins      processing (as shown in the Service). We will, to the extent permitted by      law, make reasonable attempts to return any unclaimed, refused, refunded,      prohibited, or denied transfer to your Transaction Account. If this is      unsuccessful (for example, the Transaction Account has been closed) we      will make reasonable attempts to mail you a paper check. If after ninety      (90) days (or longer, depending on our then-current standard for unclaimed      checks) that check has not been cashed, we will stop payment on it and      transfer funds to an "unclaimed funds" account, and will      subsequently handle the unclaimed funds as required or otherwise permitted      by applicable law.
  14. Stop Payment Requests. If you as a Sender desire to stop any transfer that      has already been processed, you must contact customer care for the Service      pursuant to section 27. Although we will make a reasonable effort to      accommodate your request, we will have no liability for failing to do so.      We may also require you to present your request in writing within fourteen      (14) days. The charge for each request will be the current charge for such      service as set out in the applicable fee schedule.
  15. Your Liability For Unauthorized Transfers. If you tell us within two (2) Business Days after you      discover your password or other means to access your Account has been lost      or stolen, your liability is no more than $50.00 should someone access      your Account through the Service without your permission. If you do not      tell us within two (2) Business Days after you learn of such loss or theft,      and we can prove that we could have prevented the unauthorized use of your      password or other means to access your account if you had told us, you      could be liable for as much as $500.00. If your monthly financial      institution statement contains transfers that you did not authorize, you      must tell us at once. If you do not tell us within sixty (60) days after      the statement was sent to you, you may lose any amount transferred without      your authorization after the sixty (60) days if we can prove that we could      have stopped someone from taking the money had you told us in time. If a      good reason (such as a long trip or a hospital stay) prevented you from      telling us, we may in our sole discretion extend the period.
  16. Taxes.      It is your responsibility to determine what, if any, taxes apply to      transfers you make or receive, and it is your responsibility to collect,      report and remit the correct tax to the appropriate tax authority. We are      not responsible for determining whether taxes apply to your transfers, or      for collecting, reporting or remitting any taxes arising from any      transfer.
  17. Service Fees and Additional Charges. Applicable fees will be disclosed in the user      interface for the Service. Any applicable fees will be charged regardless      of whether the Service was used, except for fees that are specifically      use-based. There may be a charge for additional transactions and other      optional services. You agree to pay such charges and authorize us to      deduct the calculated amount from the applicable Account you hold with us,      whether a Transaction Account or Recipient Account, for these amounts and      any additional charges that may be incurred by you. If we hold both the      Transaction Account and the Recipient Account, then you authorize us to      deduct such amounts and charges from the Transaction Account. Any      financial fees associated with your standard deposit accounts will      continue to apply. You are responsible for any and all telephone access      fees and/or Internet service fees that may be assessed by your telephone      and/or Internet service provider.
  18. Failed Or Returned Transfers. In using the Service, you are requesting us to make      transfers for you from your Transaction Account. If we are unable to      complete the transfer for any reason associated with your Transaction      Account (for example, there are insufficient funds in your Transaction      Account to cover the transaction), the transfer may not be completed. In      some instances, you will receive a return notice from us. In each such      case, you agree that: (a) You will reimburse us immediately upon demand      the transfer amount that has been returned to us; (b) For any amount not      reimbursed to us within fifteen (15) days of the initial notification, a      late charge equal to one and a half percent (1.5%) monthly interest or the      legal maximum, whichever rate is lower, for any unpaid amounts may be      imposed; (c) You may be assessed a fee by our Service Provider and by us      if the transfer is returned because you have insufficient funds in your      Transaction Account to cover the requested transfer or if we cannot      otherwise collect the funds from you; the fee amount will be as set forth      in your fee schedule from us or your Account agreement with us. You hereby      authorize us to deduct these amounts from your designated Transaction      Account by ACH debit; (d) You will reimburse us and our Service Provider      for any fees or costs we or they incur in attempting to collect the amount      of the return from you; and, (e) We and our Service Provider are      authorized to report the facts concerning the return to any credit reporting      agency.
  19. Address or Banking Changes. It is your sole responsibility and you agree to ensure      that the contact information in your user profile is current and accurate.      This includes, but is not limited to, name, address, phone numbers and      email addresses. Changes can be made either within the application or by      contacting customer care for the Service. Any changes in your Transaction      Account or Recipient Account should also be made in accordance with the      procedures outlined within the Service's help files. All changes made are      effective immediately. We are not responsible for any transfer processing      errors or fees incurred if you do not provide accurate Transaction      Account, Recipient Account, or contact information.
  20. Refused Transfers.      We reserve the right to refuse any transfer to a Recipient Account. We      will notify you promptly if we decide to refuse to transfer funds to a      Recipient Account. This notification is not required if you attempt to      make a prohibited transfer under this Agreement.
  21. Returned Transfers.      In using the Service, you understand transfers may be returned for various      reasons such as, but not limited to, Recipient Account number is not      valid. We will use reasonable efforts to research and correct the transfer      to the intended Recipient Account or void the transfer and credit your      Transaction Account. You may receive notification from us.
  22. Information Authorization. Your enrollment in the Service may not be fulfilled if      we cannot verify your identity or other necessary information. Through      your enrollment in the Service, you agree that we and our Service      Providers reserve the right to request a review of your credit rating at      our own expense through an authorized bureau.
  23. Service Cancellation by You. In the event you wish to cancel the Service, you may      telephone us at 855-204-0843 during customer care hours; and/or write us      at
         Valley Bank of Kalispell
         41 Third St. West
         Kalispell, MT 59901
        
         Any transfer(s) we have already processed before the requested      cancellation date will be completed by us.
  24. Service Cancellation, Termination, or Suspension by Us,      and Other Remedies for Breach.      If we have reason to believe that you have engaged in any of the      prohibited activities described in this Agreement or have otherwise      breached your obligations under this Agreement, we may terminate, suspend      or limit your access to or use of the Site or the Service; notify law      enforcement, regulatory authorities, impacted third parties, and others as      we deem appropriate; refuse to provide our services to you in the future;      and/or take legal action against you. In addition, we, in our sole      discretion, reserve the right to terminate this Agreement, access to the      Site, and/or use of the Service for any reason and at any time. Neither      termination nor suspension shall affect your liability or obligations      under this Agreement.
  25. Disputes.      In the event of a dispute regarding the Service, you and we agree to      resolve the dispute by looking to this Agreement. You and we agree that      this Agreement is the complete and exclusive statement of the agreement      between us and you, which supersedes any proposal or prior agreement, oral      or written, and any other communications between us and you relating to      the subject matter of this Agreement. If there is a conflict between the      terms of this Agreement and something stated by an employee or contractor      of ours (including but not limited to its customer care personnel), the      terms of this Agreement will prevail.
  26. Errors, Questions, and Complaints. 
  27. (a) Except as otherwise stated in this Agreement, notice      to us concerning the Site or the Service must be sent by postal mail to:
         Valley Bank of Kalispell
         41 Third St. West
         Kalispell, MT 59901
        
         In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 855-204-0843 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at
         Valley Bank of Kalispell
         41 Third St. West
         Kalispell, MT 59901
        
         (b) If you think your transaction history is incorrect or you need more      information about a Service transaction listed in the transaction history,      you should notify us immediately. In the notice, you must:
    Waiver of Jury Trial.      Both parties agree to waive any right to have a jury participate in the      resolution of any dispute or claim between the parties or any of their      respective Affiliates or any intended third party beneficiary arising      under or relating to this Agreement.
    1. Tell us your name;
    2. Describe the error or the transaction in question, and       explain as clearly as possible why you believe it is an error or why you       need more information; and,
    3. Tell us the dollar amount of the suspected error. (c)       If you notify us orally, we may require that you send your complaint in       writing within ten (10) Business Days after your oral notification. We       will tell you the results of our investigation within ten (10) Business       Days after we hear from you, and will correct any error promptly.       However, if we require more time to confirm the nature of your complaint       or question, we reserve the right to take up to forty-five (45) days to       complete our investigation. If we decide to do this, we will       provisionally credit your Transaction Account within ten (10) Business       Days for the amount you think is in error. If we ask you to submit your       complaint or question in writing and we do not receive it within ten (10)       Business Days, we may not provisionally credit your Transaction Account.       If it is determined there was no error we will mail you a written       explanation within three (3) Business Days after completion of our       investigation. You may ask for copies of documents used in our       investigation. We may revoke any provisional credit provided to you if we       find an error did not occur.
  28. Waiver of Class Action Claims. Both parties agree to waive any right to assert any      dispute or claim against the other party or any intended third party      beneficiary arising under or relating to this Agreement as a class action.     
  29. Arbitration.      Both parties agree to resolve any dispute or claim between the parties or      any of their respective Affiliates or any Service Provider or other      intended third party beneficiary arising under or relating to this      Agreement through binding arbitration. Both parties stipulate and agree      that this Agreement evidences a transaction in interstate commerce, and      that the Federal Arbitration Act applies. The arbitration award shall be      final and binding and judgment thereon may be entered by any court of      competent jurisdiction. The only exceptions to this arbitration agreement      are as follows: a. We and you expressly agree that under no circumstances      shall any dispute or claim arising under or relating to this Agreement be      subject to arbitration on a classwide or collective basis. Only the      disputes or claims of individual parties may be arbitrated. b. We or you      may, at the option of the claiming party, pursue any claim in small claims      court instead of arbitration, provided that the claim must not exceed      $5,000 or the jurisdictional limit of the small claims court, whichever is      less; and the small claims court must otherwise have jurisdiction of the      claim and the parties.
  30. Arbitration Procedure. You or we may commence arbitration, at the claiming      party's election, administered either by JAMS (formerly known as      "Judicial Arbitration and Mediation Services"), or the American      Arbitration Association ("AAA"). The arbitration shall take      place before a single arbitrator, selected pursuant to the selection      procedures in the applicable commercial or consumer arbitration rules of      the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply      subject only to the following exceptions and modifications. a. You may, if      you wish, commence arbitration pursuant either to (i) the AAA Consumer      Arbitration Procedures, or (ii) the JAMS "minimum standards" for      consumer arbitration. In all such consumer arbitrations we will pay the      balance of the applicable arbitration administrative fee to the extent      required by the JAMS or AAA procedures or standards you have chosen. b.      You or we (whoever is the party commencing the arbitration) may elect to      resolve the dispute in a cost effective manner through binding      non-appearance-based arbitration. If the claiming party selects      non-appearance-based arbitration, the parties agree that the following      rules shall apply: (i) the arbitration may be conducted telephonically,      and/or online, or be based solely on written submissions, at the election      of the party commencing the arbitration; (ii) the arbitration shall not      require any travel or personal appearance by the parties or witnesses      unless otherwise mutually agreed by the parties; and (iii) discovery shall      not be permitted. c. When we or you (whoever is the party commencing      arbitration) do not select non-appearance-based procedures, the parties      agree that there shall be no discovery except whatever discovery the      arbitrator determines is necessary for fair resolution of the claim or      dispute. d. Neither we nor you shall seek any award of attorney's fees,      including an award of fees from any Service Provider or other intended      third party beneficiary of this Agreement, in any arbitration claim      arising under or relating to this Agreement, except that the arbitrator      may award attorney's fees when (and only to the extent that) the      applicable law requires an award of attorney's fees to the prevailing      party.
  31. Arbitrability Issues to Be Decided By Arbitrator. The Arbitrator, and not any federal, state, or local      court or agency, shall have exclusive authority to resolve any dispute      relating to the interpretation, applicability, enforceability or formation      of this Agreement including, but not limited to any claim that all or any      part of this Agreement is void or voidable.
  32. Law and Forum for Disputes. This Agreement shall be governed by and construed in      accordance with the laws of the State of Georgia, without regard to its      conflicts of laws provisions. To the extent that the terms of this      Agreement conflict with applicable state or federal law, such state or      federal law shall replace such conflicting terms only to the extent      required by law. Unless expressly stated otherwise, all other terms of      this Agreement shall remain in full force and effect. You agree that any      claim or dispute you may have against us (other than those which are      arbitrated under section 31 above) must be resolved by a court located in      Gwinnett County, Georgia. You agree to submit to the personal jurisdiction      of such courts for the purpose of litigating all such claims or disputes. The      United Nations Convention on Contracts for the International Sale of Goods      shall not apply to this Agreement.
  33. Indemnification.      You agree to defend, indemnify and hold harmless us and our Affiliates and      Service Providers and the officers, directors, agents, employees,      representatives, and contractors of each of these, from any loss, damage,      claim or demand (including attorneys fees) made or incurred by any third      party due to or arising out of your breach of this Agreement and/or your      use of the Site or the Service.
  34. Release.      If you have a dispute with one or more other users of the Site or the      Service, you release us and our Affiliates and Service Providers and the      employees and contractors of each of these, from any and all claims,      demands and damages (actual and consequential) of every kind and nature      arising out of or in any way connected with such disputes. In addition,      you waive and release any and all provisions, rights and benefits      conferred either (i) by ? 1542 of the California Civil Code, which reads:      "Section 1542. General release; extent. A general release does not      extend to claims which the creditor does not know or suspect to exist in      his favor at the time of executing the release, which if known by him must      have materially affected his settlement with the debtor;" or (ii) by      any law of any state or territory of the United States, or principle of      common law, which is similar, comparable or equivalent to ? 1542 of the      California Civil Code.
  35. No Waiver.      We shall not be deemed to have waived any of our rights or remedies      hereunder unless such waiver is in writing and signed by one of our      authorized representatives. No delay or omission on our part in exercising      any rights or remedies shall operate as a waiver of such rights or      remedies or any other rights or remedies. A waiver on any one occasion      shall not be construed as a bar or waiver of any rights or remedies on      future occasions.
  36. Intellectual Property. All marks and logos related to the Service are either      trademarks or registered trademarks of us or our licensors. In addition,      all page headers, custom graphics, button icons, and scripts are our      service marks, trademarks, and/or trade dress or those of our licensors.      You may not copy, imitate, or use any of the above without our prior      written consent, which we may withhold in our sole discretion, and you may      not use them in a manner that is disparaging to us or the Service or      display them in any manner that implies our sponsorship or endorsement.      All right, title and interest in and to the Service, the portion of the      Site through which the Service is offered, the technology related to the      Site and Service, and any and all technology and any content created or      derived from any of the foregoing, is our exclusive property or that of      our licensors. Moreover, any suggestions, ideas, notes, drawings,      concepts, or other information you may send to us through or regarding the      Site or Service shall be considered an uncompensated contribution of      intellectual property to us, shall also be deemed our exclusive      intellectual property, and shall not be subject to any obligation of      confidentiality on our part. By submitting any such materials to us, you      automatically grant (or warrant that the owner of such materials has      expressly granted) to us a perpetual, royalty-free, irrevocable,      non-exclusive right and license to use, reproduce, modify, adapt, publish,      translate, publicly perform and display, create derivative works from and      distribute such materials or incorporate such materials into any form,      medium, or technology now known or later developed, and you warrant that      all so-called "moral rights" in those materials have been      waived, and you warrant that you have the right to make these warranties      and transfers of rights.
  37. Links and Frames.      Links to other sites may be provided on the portion of the Site through      which the Service is offered for your convenience. By providing these      links, we are not endorsing, sponsoring or recommending such sites or the      materials disseminated by or services provided by them, and are not      responsible for the materials, services or other situations at or related      to or from any other site, and make no representations concerning the      content of sites listed in any of the Service web pages. Consequently, we      cannot be held responsible for the accuracy, relevancy, copyright      compliance, legality or decency of material contained in sites listed in      any search results or otherwise linked to the Site. For example, if you      "click" on a banner advertisement or a search result, your      "click" may take you off the Site. This may include links from      advertisers, sponsors, and content partners that may use our logo(s) as      part of a co-branding agreement. These other sites may send their own      cookies to users, collect data, solicit personal information, or contain      information that you may find inappropriate or offensive. In addition,      advertisers on the Site may send cookies to users that we do not control.      You may link to the home page of our Site. However, you may not link to      other pages of our Site without our express written permission. You also      may not "frame" material on our Site without our express written      permission. We reserve the right to disable links from any third party      sites to the Site.
  38. Password and Security. If you are issued or create any password or other      credentials to access the Service or the portion of the Site through which      the Service is offered, you agree not to give or make available your      password or credentials to any unauthorized individuals, and you agree to      be responsible for all actions taken by anyone to whom you have provided      such credentials, whether intentionally or inadvertently. If you believe      that your credentials have been lost or stolen or that someone may attempt      to use them to access the Site or Service without your consent, you must      inform us at once at the telephone number provided in section 27 above.      See also section 16 above regarding how the timeliness of your notice      impacts your liability for unauthorized transfers.
  39. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE      PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED      OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF      TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND      NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS,      UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION      OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR      CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED      WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS      PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER      LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  40. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE      SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR      AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE      CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR      FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER      FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR      OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS,      EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE      FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING      OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO      EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS,      DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF      THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR      EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF      ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE      INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE      SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE      REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT      SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS,      DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF      THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR      THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO      NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION      PROCEEDING AS DESCRIBED IN SECTIONS 31, 32 AND 33 ABOVE WITHIN TWO (2)      YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE      LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM      BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.      THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND      THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND      CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL      CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE      THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED      TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED      DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF      INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION      MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE      REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE      PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES,      AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE      SITE THROUGH WHICH THE SERVICE IS OFFERED.
  41. Complete Agreement, Severability, Captions, and      Survival. This Agreement sets forth the      entire understanding between us and you with respect to the Services and      the portion of the Site through which the Services are offered. If any      provision of this Agreement is held to be invalid or unenforceable, such      provision shall be struck and the remaining provisions shall be enforced.      The captions of sections hereof are for convenience only and shall not      control or affect the meaning or construction of any of the provisions of      this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other      terms which by their nature should survive, will survive the termination      of this Agreement.
  42. Definitions.     

"Account" means a checking, money market or savings account.

"Affiliates" mean companies related by common ownership or control.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

"Recipient Account" is the account to which your funds will be credited.

"Sender" means the Transaction Account holder initiating a transfer through the Service.

"Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.

"Site" means the online banking website through which the Service is offered.

"Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

"Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

  

VALLEY BANK OF KALISPELL’S RESPONSIBILITY 

Valley Bank of Kalispell will be responsible for your actual losses if they were directly caused by our failure to:

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested.

However, there are some exceptions. We will NOT be liable, for instance:

  • If, through no fault of ours, you do not have enough      money in your account to make a transfer or if the transfer would cause      your balance to go over the credit limit set up to cover overdrafts.
  • If there is a hold on your account, or if access to      your account is blocked in accordance with banking policy.
  • If your account is closed or if a legal order or other      encumbrance restricts withdrawals from the account.
  • We have received incomplete or inaccurate information      from you or a third party involving the account or transfer.
  • If you, or anyone authorized by you, commits any fraud      or violates any law or regulation.
  • If we believe that unauthorized use of your Password or      Account has occurred or may be occurring, or if you default under this      Agreement, the Deposit Account Agreement, or any other agreement with us,      or if we or you terminate this Agreement.
  • If you have not properly followed the on-screen      instructions for using Internet Banking.
  • If circumstances beyond our control (such as fire,      flood, interruption in telephone service or other communication lines)      prevent the transfer, despite reasonable precautions that we have taken.
         There may be other exceptions stated in this agreement and in other      agreements with you. Further, you agree that in no event shall we be      liable for damages in excess of your actual loss due to our failure to      complete a transfer, nor will we be liable for any incidental or      consequential damages.

In any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed, or to correct transactions that have been processed erroneously.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

CONTACT US AT ONCE if you believe your password and/or Access ID (including ATM/POS card or PIN), has been lost, stolen, or used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account(s) without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your statement shows any Electronic Funds Transfer (EFT) that you did not make or authorize, contact us at once. Failure to notify the Bank within 60 days after the statement was mailed to you may result in zero compensation for any losses you may sustain if Valley Bank of Kalispell can prove that we could have prevented someone from accessing your account(s). If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.

Canceling Preauthorized Payments If you have preauthorized payments from your account(s) you may stop these withdrawals by notifying us verbally during regular business hours at (406) 752-7123 or by writing us at PO Box 48, Kalispell, MT 59903 at least three business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within (14) fourteen days of the verbal notification.

STATEMENTS

You will continue to receive your regular account statements. You must examine your statement with "reasonable promptness". If your statement shows transfers that you did not make, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized transactions or any other errors in your account within 60 days of when we first send or make the statement available, you can not assert a claim against us on any items in that statement, and as between you and Valley Bank of Kalispell the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care.

OFFICE OF FOREIGN ASSET CONTROL

Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons of entities blocked by OFAC. You may obtain further information and access OFAC’s listing of “blocked” persons and entities through their Internet website: http://www.treas.gov/ofac/ 

ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
(Consumer/Personal Accounts Only)

In case of errors or questions regarding an Internet Banking transaction, call Valley Bank of Kalispell at (406) 752-7123 or write us at:

 

Attention: Bookkeeping

PO Box 48

Kalispell, MT 59901

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

WE WILL REQUIRE:

  • Your name and account number;
  • A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or why you need more information;
  • The dollar amount of the suspected error;
  • The date on which it occurred

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If this occurs, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. If your complaint or question is requested in writing but not received in writing within 10 business days, we may not credit your account until the investigation is completed. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already have an established account with us. If we determine that no error occurred, we will send you a written explanation within 3 business days after we finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation.

 

 

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