Internet Banking Services Agreement And Disclosure Statement
USER TERMS AND CONDITIONS
1. Introduction. This Agreement sets forth the terms, conditions and rules (collectively ‘terms’) for the Internet Banking Services offered by Bank of the Orient (‘Bank’), including electronic access to your deposit and loan accounts, Bill Paying Services and Mobile Banking Services at the Bank through the Internet Banking System (Collectively, “Services,” ”System”) found at https://www.bankorient.com. (Other means of electronic access, such as through the use of a debit or ATM card or through preauthorized transfers arranged with others who will initiate periodic transfers into or take periodic payments from your deposit accounts is addressed in Bank’s Electronic Funds Transfer Disclosure Statement, a separate document.)
1.1 By signing up for the Bank’s Internet Banking Services or using or authorizing others to use the System with respect to the Bank’s Internet Services or your deposit or loan accounts with Bank, whichever occurs first, you indicate your acceptance of all of the terms, conditions and rules of this Agreement. Signing up for the Internet Banking Services also signifies that you have received, read and understand the terms of this Agreement and Disclosure Statement.
1.2 The terms relating to the deposits and loans contained in the separate agreements and disclosures for each of your deposit and loan accounts will continue to apply notwithstanding anything to the contrary in this Agreement, except to the extent that such terms, conditions and rules are modified by this Agreement. This Agreement is also subject to applicable federal laws and regulations and the laws of the state except to the extent this Agreement can and does vary such laws or regulations. If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in full force and effect.
2.1 You are responsible for the selection, installation, maintenance and operation of your computer, Wireless Access Device and software. The Bank assumes no responsibility for any error or malfunctions in your equipment or software or for any computer virus or malfunction or similar problems you may encounter with the Internet or your Internet and Mobile service provider. You must use equipment and software that are compatible with our system as the system may change from time to time. Notify us with any questions at the address set forth below in section14.2.
3. How to Apply for Internet Banking Services. To receive Internet Banking Services from the Bank you should sign up online. By agreeing to obtain Internet Banking Services, you also agree that the Bank may send you notices and other correspondence by electronic mail addressed to the Internet e-mail address you furnish the Bank, and that such notices and other correspondence will have the same effect as if it had been sent to you by U.S mail on the same date as it is transmitted to your Internet e-mail address. To enroll in Mobile Banking, you must have access to Consumer Internet Banking. You will be able to self-enroll online.
3.1 With regard to consumer accounts, individuals and joint applicants must apply online separately at https://www.bankorient.com. You understand that by applying for the Bank’s Internet Banking Services, you will be overriding any signature limitations reflected on the signature card(s) for your account(s).
3.2 Certain types of accounts and account ownerships are ineligible for online access. If you request to have online access to an account that does not qualify, you will be notified by the Bank of the ineligibility. Generally, only Bank of the Orient accounts with the same ownership may be linked for transfer ability. Additional authorizations may be required from all account holders to link accounts that do not have the same ownership.
4. Your Access ID and Password. You need an Access ID and a Password to access the System. You are required to change your temporary password upon your initial login to the System for security purposes. This is because the Bank will not be able to determine whether or not you are the person who initiates an Internet Banking transaction if that person uses the password the Bank assigns you. It is imperative that you maintain the secrecy of your password.
4.1 It is important that you keep your password a secret and that you change your password frequently because the Bank will be authorized to act upon instructions received through the System after communication is established using your Access ID and password.
4.2 Your access to the System will be suspended if there are 3 unsuccessful attempts to use your password. To reestablish your authorization to use the System, you must contact the Bank to have your password reset or to obtain a new temporary password.
4.3 It is recommended that your password utilize both upper- and lower-case letters and that it also include numeric characters. Your password should not be associated with any commonly known personal identification, such as social security numbers, your address, your date of birth or the names of your children, although you may wish to use the name of someone you know who lives in another state and part of a telephone number of another person, provided that these people are not the same and are not likely to be associated with you by someone who might gain access to your Access ID. Your password should be memorized rather than written down. If you must write it, store this information in a very secure area away from your PC and do not identify it as a password or state its purpose.
4.4 If you give someone your password, you will be deemed to have authorized that person to use the System on your behalf, and you are responsible for all transactions the person performs using the System, whether the person to whom you have given your password stays within or exceeds the authority you have given him or her. All transactions that person performs even those transactions you did not intend or want performed will be authorized transactions. If you wish to revoke the authorization you have given to someone to use the System on your behalf, you should change your password to assure that he or she can no longer initiate transactions in your name.
4.5 For your protection and to ensure confidentiality, after every Internet Banking session sign off of the System and close your browser.
5. Consent to Electronic Communication. You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically as provided in this section. The Bank may also choose to deliver written notices. Unless a later date is specified in the notice: (1) Any notice will be deemed effective on the business day following the initiation of the transmission if it is sent by an e-mail message either containing the notice itself or, in the case of a notice from the Bank, an express reference to the notice if it is posted on the Bank’s website; (2) Any notice to either party will be deemed effective on the second business day following the deposit of the notice in the U.S. mail if it is sent in that fashion, postage prepaid; and (3) Any notice to either party will be deemed effective upon actual delivery if it is sent by other means.
5.1 Address for Notices. Notices to you will be addressed as specified on your account records at the Bank. Notices to the Bank should be addressed to the Bank at its address in section 14.2 or may be e-mailed to the Bank through the System. Either party may change the address to which notices are to be sent by notice to the other party.
6. Hours of Operation. You can generally access information about your deposit and loan accounts maintained at the Bank through the System 7 days a week, 24 hours a day. However, transactions will be processed only on business days. Our business days are Monday through Friday, except for federal banking holidays. Occasionally, the System or some or all of its services may not be available due to malfunction, emergency or scheduled maintenance. Not all such occurrences can be anticipated and some short and occasional long unannounced periods of inaccessibility should be expected. Access to accounts will be based upon the identification of the users specified.
6.1 It is critical that you take steps to ensure that only those you have authorized to use the System on your behalf are provided with Access ID’s and passwords, as the System can determine whether only checking the sender’s password when he or she enters the Access ID authorizes a transaction or instruction.
6.2 Using the System to send electronic mail (“email”) is a way to correspond with the Bank. E-mail service through the System is provided for you to ask questions of the Bank and provide general feedback. However, no contracts, monetary transactions, or address changes may be concluded or conducted by means of e-mail. For address changes please contact your local branch for assistance during normal business hours. You should also be aware that, unlike monetary transactions conducted through the System, e-mail sent to the Bank will not be deemed received by Bank until it is actually read by a Bank officer, which may not occur for a significant period of time or even on the same day you send it, just as you may not read personal or business messages sent to you over the Internet until a time convenient to you.
7. Transactions through the System. You may use the System to do each of the following transactions, subject to the limitations set forth in this Agreement and any other agreement affecting the account and subject to the Bank’s available funds requirements:
- Check the balances of your accounts. Balances may include funds not yet finally collected and subject to reversal if not ultimately collected. Balances may not reflect recent transactions and will not reflect bill pay transactions, which you have initiated but which have not been processed.
- View transactions initiated through the System or at a Bank of the Orient Branch.
- View account statements, images of paid checks and deposit slips.
- Export transaction data to personal finance software (e.g., Quicken® or MS Money®).
- Transfer funds between your eligible deposit accounts.
- Pay bills and otherwise forward funds to third parties provided that you have requested Bill Paying Service.
- Cancel bill payments initiated through the System.
- Place a stop payment on a paper check.
- Enroll in Mobile Banking Services.
8. Cutoff Times. Transactions for bill payments must occur by 1 P.M. PST on a business day. Same day credits for transfers between accounts at Bank of the Orient must occur by 5 P.M. PST on a business day.
9. Bill Paying Service. The Bank’s Bill Paying Service allows you to pay third parties and to schedule future bill payments. The Bank may send payments by check or by electronic transfer.
9.1 Create List of Payees. You may designate only payees with addresses in the United States. Before the Bank may pay a bill or make a payment to a payee, you must add the payee to your Payee List. Once added to the list, the list will reflect whether the payee will be paid by paper draft or electronically through an Automated Clearing House (“ACH”). (A paper draft is like your personal check, except that the bill payer agent will issue it on your behalf and your signature will not be required.)
9.2 Payment Information. To pay a bill, you must designate the following:
1. The account from which the payment is to be made;
2. The complete name of the payee;
3. Your account number with the payee;
4. The payee’s remittance address;
5. The amount of the payment; and
6. The date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited on the next business day.
9.3 Authorization. By using the Bill Paying Service option, you agree that, based upon instructions received under your password, your designated account can be charged (that is, debited) and funds can be remitted on your behalf. The Bank and its bill payer agent reserve the right to refuse payment to any payee designated by you; if this occurs, you will be notified promptly.
9.4 Limitations and Prohibitions on Bill Payments. Consumer clients will be limited to a maximum daily bill payment amount determined by the Bank. Ordinarily, the Bill Paying Service cannot be used to make tax payments, court-ordered payments or payments to payees outside of the United States.
9.5 Scheduling Payments. When scheduling payments, you should first determine whether the payment would be made by paper draft or by, “electronic” means as indicated on the Payee List.
(a) Paper drafts will be mailed to the payee no later than the 3rd business day after you specify that the payment is to be debited from your account. The mail will be sent from various processing offices throughout the United States, and you should allow ample time for the payment to be received and posted by the payee before the date it is due. This process could take 10 days or more to complete, depending upon the location of the payee, the efficiency of the mail system at the time, and your payee’s degree of attention to the payment. If a paper draft is issued to a payee and the check remains outstanding after 30 days, an e-mail will be sent to you advising you of the situation. You will be asked to provide instructions regarding the disposition of the outstanding item.
(b) Electronic payments will be processed so that the payee should receive the payment no later than the 5th business day after you specify that the payment be debited from your account. You should allow ample time for the payment to be received and processed by the payee before the date it is due.
9.6 Changing, Canceling and Stopping a Bill Payment. To cancel or change a current bill payment scheduled through the System, you must follow and complete the cancellation instructions on the pending payments screen before 1:00 P.M. Pacific Standard Time on the date the payment is scheduled to be debited from your account. If you meet this deadline, the payment will not be processed, and no stop payment order will be required. Once an electronic bill payment or paper draft has been debited from your account, it is too late to prevent the payment from being processed and sent. You cannot stop such a payment.
9.7 Errors in your Instructions. You are solely responsible for providing us with complete and accurate payment and transfer information. The Bank will have no obligation to confirm such information or to identify or reject errors or duplicate payment instructions. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your account for the payment, whether or not the error could have been detected by us.
10. Limitations on Amounts, Frequency of Transfers and Payments and Incorrect Instructions. The Bank reserves the right to limit the frequency and dollar amount of transfers and payments for security reasons.
10.1 Holds. If a hold has been placed upon deposits made to the account from which you wish to transfer or pay funds, you cannot transfer or pay the portion of the funds held until the hold expires.
10.2 Federal regulations require that the Bank limit the number of preauthorized transfers from your Money Market Account and savings accounts as stated in your General Disclosure & Agreement. For these purposes, “preauthorized transfers” include the bill payments and wire payments you initiate under this Service, transfers to your other deposit accounts with the Bank, telephone transfers and personal checks you may write against your account. No more than six preauthorized transfers may be made per calendar month, and of these, no more than three may be made through the use of your personal check. If you exceed this limitation, a fee will be imposed in accordance with the Bank’s Fee Schedule, and if you exceed the limitation frequently, the Bank will be required to convert your account to a standard checking account.
10.3 You understand that the Bank will not be liable for any losses occasioned by a bill payment instruction that incorrectly describes the payee, the payee’s bank or an intermediary bank, and you further understand that if there is an inconsistency between the name of the payee and the payee’s account number, or between the name of the payee’s and its routing number, the payee’s bank and the system used to make the payment may make the payment based upon the account or routing number, notwithstanding the inconsistency, and you will not be excused from covering the payment even if the intended payee never receives the funds as or when you intended.
11. Placement of Stop Payment Orders on Checks. You may place stop payment orders through the System for paper checks you have written apart from the System (not bill payments). You cannot use the System to stop payment on other types of debits or electronic transfers originated by others through an ACH.
11.1 To be effective, your stop payment order must precisely identify the name of the payee, the check number, the amount and the date of the check. If the information you have entered in the stop payment order is in any respect inaccurate, the order will likely not prevent the payment from being made. If you do not have all of the required information, an error message will occur. Contact the Bank by other means to request the stop payment.
11.2 Within 14 days following the order, the Bank may require you to confirm in writing any stop payment order placed over the System; otherwise, the Bank may disregard the order.
11.3 Your stop payment order will be effective to stop payment of the intended item only if it is received by the Bank early enough to allow the Bank to act upon the order before the Bank otherwise pays or settles for the item. You incur stop payment charges as disclosed in the Bank’s Schedule of Fees and Charges.
12. Available Funds Requirements. You shall maintain sufficient available balances to cover payment requests. You authorize the Bank to charge your account for each payment request the Bank reasonably believes is authorized by you. The Bank shall not be obligated to honor a payment if (1) the amount thereof exceeds available funds in the account on which the payment is drawn even if there are available funds in another account of yours, (2) it is not authenticated pursuant to, or is not otherwise in accordance with, the Agreement and these policies and procedures, (3) the Bank has reason to believe or suspect that the payment is or may not be authorized by you, (4) it is incomplete or ambiguous, or (5) it is otherwise deemed unsatisfactory to the Bank, in its sole discretion.
12.1 Overdrafts. If there are insufficient available funds in the account on which the payment is expressly drawn to cover the payment or your other obligations under the Agreement and these policies and procedures but the Bank nevertheless elects in its absolute discretion to honor the payment, the Bank may charge the excess against the account or any other account maintained by you with the Bank, whether or not such charge creates an overdraft. You shall repay such overdraft upon the Bank’s demand.
13. Fees and Charges.
13.1 No Charge for Internet Banking and Mobile Banking Services.
13.2 Bill Paying Service will incur no charge for an unlimited number of monthly bill payments.
Below charges will only be assessed if you request one or more of the services listed below. There will be no charge for any item if such service is to correct a Bank error.
Written Correspondence to Payee: $10.00
Per proof of Payment not necessitated by a dispute: $10.00
Payments returned due to customer error: $5.00
Overnight Fee: $14.95
2nd Day Fee: $9.95
Reinstate Fee: $50.00
Charitable Donation fee: $1.95
Gift Pay: $2.99
13.3 Fees. All fees are subject to change from time to time. Additional fees, such as stop payments, wires, overdrafts, excess transactions, etc. will be charged as stated in the Bank’s current Schedule of Fees and Charges. Service fees will be charged within the first five business days of each calendar month. We are not responsible for charges applied to you by your wireless carrier for using your wireless network to access Internet Banking or Mobile Banking. For wireless data access charges, you will need to check with your respective wireless carrier about using the wireless data network.
13.4 Account. You can choose the checking account from which you wish to have your monthly Service charges debited. This is designated as your “Primary Account”. If you close your primary or designated account, you must contact the Bank to designate a new account.
14. Consumer Accounts. The provisions in this section are mainly applicable to use of the System in connection with accounts maintained by individuals primarily for personal, family or household purposes. Bank’s ‘business days’ are defined in section 18.3.
14.1 Statements. You will receive monthly paper statements or online statements if you have chosen to receive it in electronic form for each account. The statement will provide details regarding each transaction conducted through the System, as well as transactions conducted by other means.
14.2 In Case of Errors or Questions About Your Electronic Transactions.
(a) Call the Bank at (800) 881-2686, or write to Bank of the Orient– Customer Service Center at P.O. Box 2489, San Francisco, CA 94126 AT ONCE if you think:
Your statement or transaction record is wrong;
You need more information about a transaction listed on the statement; or
Your password has been discovered by an unauthorized person, or someone has transferred or may transfer money from your account without your permission.
(b) The Bank must hear from you no later than 60 days after the Bank has sent the FIRST paper or online statement on which the problem or error appeared.
(c) If you tell the Bank verbally, the Bank may require you to send your complaint or question in writing within 10 business days. When you contact the Bank, please provide the following information:
Your name and account number;
The date and dollar amount of the transaction in question;
The name of payee if the transaction in question is a payment;
A description of the transaction you are unsure of
(d) Please explain as clearly as you can why you believe there is an error or why you need more information. The Bank will tell you the results of its investigation within 10 business days after the Bank hears from you, and the Bank will promptly correct any error the Bank has made. If the Bank needs more time, however, it may take up to 45 days to investigate your complaint or question. In this case, the Bank will provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes to complete the Bank’s investigation. If the Bank asks you to put your complaint or question in writing and does not receive your letter within 10 business days, the Bank reserves the right to not credit your account.
(e) If the Bank concludes there was no error, the Bank will send you a written explanation within 3 business days after completing the investigation. You may request copies of the documents used in the investigation.
14.3 Limitation of Bank’s Liability; Customer’s Liability. Using the telephone number or address in section 14.2(a), tell the Bank AT ONCE if you believe your password has been compromised or if someone has transferred or may transfer money from your account without your permission.
(a) The best way to minimize your loss is to call the Bank IMMEDIATELY. The unauthorized use of the System could cause you to lose all of your money in your accounts.
(b) If you tell the Bank within 2 business days after the Bank has sent the FIRST statement on which the error appeared, you can lose no more than $50 if someone initiated a transaction without your permission. However, if you don’t tell the Bank within 2 business days, and the Bank can prove that it could have stopped someone from using the System without your permission if you had told the Bank, you could lose as much as $500.
(c) Also, if your statement shows transactions you didn’t perform, tell the Bank IMMEDIATELY. If you don’t tell the Bank within 60 days after the statement is mailed to you, you may not get back any of the money you lost if the Bank can prove that it could have stopped someone from taking the money if you had told the Bank in time.
(d) If a good reason (such as a long trip or hospital stay) kept you from telling the Bank, it may extend the time periods.
14.4 The Bank’s Liability for Failure to Complete Transactions. If the Bank does not complete a transaction to or from your account on time, or in the correct amount according to this Agreement, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance:
(a) If, through no fault of the Bank, you don’t have enough available funds in your account to cover the transaction or transfer;
(b) If the System wasn’t working properly, and you knew about the malfunction when you started the transaction or transfer;
(c) If circumstances beyond the Bank’s control (such as fire, flood, earthquake or power outage) prevent the transaction or transfer, despite reasonable precautions taken by the Bank;
(d) If there are postal delays or processing delays by the Payee;
(e) If your account has been closed;
(f) If the Bank’s failure to complete the transaction is to protect the security of your account;
(g) If the Bank does not receive proper and timely instructions regarding the transaction;
(h) If the transfer or payment information supplied to the Bank by you or by third parties is incorrect or incomplete; or
(i) If another exception permitted by law or banking regulation, but not mentioned here, applies.
14.5 Acknowledgment of Commercially Reasonable Security Procedures. By using the System, you acknowledge and agree that the security procedures available through the proper securing of your password are commercially reasonable and, consistent with the provisions of section 4, you agree to be bound by instructions that the Bank implements because the instructions are authenticated by your password or those passwords of others which you authorized, whether or not those instructions are actually authorized by you, unless you have given the Bank prior notice of possible compromise of your password and the Bank had a reasonable opportunity to act on such notice.
15. Change in Terms. The Bank may make changes to this Agreement. Changes in terms include changes to any of the terms of this Agreement or any related agreement, disclosure, documentation, or fee schedule, as well as deletion of any of those terms or fees or the addition of new terms or fees. The Bank’s suspension of access to your accounts through the System, whether for cause or to protect against a perceived threat of a breach of security, or termination of this Agreement is not considered a change in terms and requires no advance notice. The Bank will furnish advance notice by mail or by email of any change in terms unless the change must, in the Bank’s judgment, be implemented sooner than that in order to protect the security of the System.
15.1 If you use the System after the effective date of a change, your use indicates that you agree with the change(s). You may choose not to accept the change in terms made by the Bank by closing your account or terminating this Agreement and your use of the System.
17.1 Bank’s Termination. The Bank may terminate this Agreement or suspend your use of the System, with or without cause, at any time and without advance notice. The Bank’s termination will be effective as specified in the notice of termination furnished to you; if not given in advance; such notice will be given promptly after the termination becomes effective. If you have any schedule bill payment(s), they will not be honored.
17.2 Your Termination. You may terminate this Agreement at any time by sending us an email message at via the System or writing to us at the address in section 14.2 at least 10 days prior to the termination date. Let us know if you have any outstanding scheduled bill payments that you wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. You agree that we may also refuse to make scheduled service payments following termination by you of the System.
18. Miscellaneous Provisions and Definitions
18.1 Assignment. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank’s successors and assigns.
18.2 Benefit. This Agreement is for your benefit and the Bank’s benefit and not for any other person. No other person shall have any right against Bank or you on the basis of this Agreement.
18.3 Business Days. For purposes of this Agreement, the term “business days” means all weekdays on which Bank is open for conducting substantially all of its business operations. “Business days” do not include federal holidays, Saturdays or Sundays, even if the Bank is open for conducting business on those days.
18.4 Internet Security Information. The System utilizes a layer security strategy to protect accounts and transactions conducted over the Internet. In addition to login security, the System uses secure socket layer (“SSL”) encryption technology for everything (other than e-mail) done through the System. Your browser automatically activates this technology when it connects to the System. Typically, your browser will then display a small padlock icon at the bottom of your computer screen, in the locked position. While no one can guarantee with an absolute certainty that the System and your communication with it are and will at all times be secure, this icon confirms that the communication between your computer and the System is reasonably secure. Nevertheless, despite data encryption and other efforts to provide transmission and System security, you are apprised that the Internet is inherently insecure and that all data transfers on the Internet occur openly and can potentially be monitored and read by others. The Bank cannot and does not warrant that all data transfers utilizing the System and all e-mail transmitted to and from the Bank will not be monitored or read by others.
18.5 Virus Protection. You are encouraged to routinely scan your computer and mobile equipment, and incoming e-mail and attachments to e-mail, using a reliable and current virus detection product, insofar as undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware, and you may unintentionally transmit the virus to other computers. Nevertheless, you acknowledge that you are aware that no anti-virus program is foolproof and that new viruses are being developed faster than the virus protection against them, and you confirm that Bank will not be responsible for any viruses that your computer may encounter, whether through the System or otherwise.
18.6 Dispute Resolution. At the request of either party, any dispute concerning the System or the Bank’s or your performance or duties under this Agreement shall be decided by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Arbitration to resolve any such dispute that cannot be settled without arbitration will be commenced within one year after the occurrence of the facts giving rise to the dispute.
18.7 Record Retention. It is recommended that you retain records concerning all transactions initiated through the System for at least one year to enable the Bank to reconstruct any transaction in question.
18.8 Provider. An independent third party who has contracted with the Bank to perform the above System will handle some of the services. All references to the Bank will also refer to the agent, where applicable, in those circumstances.
18.9 Consumer Accounts. Accounts maintained by individuals primarily for personal, family or household purposes.
18.10 Bank Regulator:
Federal Reserve Bank in San Francisco
101 Market Street, San Francisco, CA 94105
California Department of Business Oversight
45 Fremont Street, Suite 1700
San Francisco, CA 94105
18.11 Links to Other Sites. Information that the Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to Bank’s sites. Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stating in writing, Bank does not endorse the products or services offered by any company or person linked to this site nor is Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
19. Damages and Warranties. In addition to the terms previously disclosed, the Bank is not responsible for any losses, errors, injuries, expenses, claims attorney fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Internet Banking, Mobile Banking and Bill Paying Services in anyway arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by the Bank or its suppliers. In addition, the Bank disclaims any responsibility for any electronic virus (es) customer may encounter after installation of such software or use of Internet Banking, Mobile Banking and Bill Paying Services. Without limiting the foregoing, neither Bank nor its suppliers shall be liable for any: (i) Failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communication breakdown or interruption, acts of god or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internet, communication lines, postal system or ACH network. The bank and its suppliers provide Internet Banking, Mobile Banking and Bill Paying Services from their sites and they make no representation or warranty that any information, material or functions included Internet Banking, Mobile Banking and Bill Paying Services are appropriate for use by you in your jurisdiction. If you choose to use Internet Banking, Mobile Banking and Bill Paying Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither the bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as part of Internet Banking, Mobile Banking and Bill Paying Services contained in any third party sites linked to or from the bank’s web site. Bank makes no representations or warranties regarding the accuracy, functionality or performance of Internet Banking, Mobile Banking and Bill Paying Services or any software that may be used in connection with same. The Bank disclaims any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or error-free operations.
20. Indemnification. Customer shall indemnify, defend and hold harmless the bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) Customer negligence; (ii) customer Failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this agreement.