(Electronic Statements and Notifications)
This Agreement governs the receipt of your periodic account statements for those accounts which you designate ("Designated Accounts") through First Online Internet Banking. In addition, you may receive most disclosures and notices on your Designated Accounts through the same web-based electronic service instead of by regular mail ("Disclosures"). These Disclosures may include:
The delivery of periodic account statements and Disclosures electronically is referred to as the "e-Statements Service."
This Agreement is in addition to all other agreements you may have with First Bank of Newton ("Bank") including but not limited to the Cardholder Agreement, Deposit Agreement, Electronic Fund Transfer Disclosure, and First Online Internet Banking Agreement.
Delivery of e-Statements and Disclosures
Each account cycle, you will receive an e-mail, at the e-mail address designated by you through First Online Internet Banking, notifying you of the date when the periodic electronic statements ("e-Statements") for your Designated Accounts are available. This e-mail will be the only notice you receive of the availability of your e-Statement online. Viewing your e-Statements will require a valid User ID and password for First Online Internet Banking. After signing into First Online Internet Banking, you will be provided access to your e-Statement through the "Statements" menu. Access to your e-Statement will be provided for a period of fifteen (15) months from the date of e-mail. You may make a copy of an e-Statement for your records by printing it to an attached printer or downloading it to a storage device.
By using this Service, you will no longer receive paper statements for your Designated Accounts by U.S. mail. In addition you may receive Disclosures regarding your Designated Accounts electronically and not in paper form. Disclosures may be attached in an e-mail, contained in the text of an e-mail, posted separately from e-Statements on the "Statements" menu, contained within an e-Statement, or posted otherwise through First Online Internet Banking. Any e-mail notifying you of the availability of or containing an e-Statement or a Disclosure is referred to as a "Notice E-mail." Delivery of some Disclosures in electronic form does not require the Bank to deliver all notices or all notices of a particular type electronically.
A Notice E-mail to one owner of a joint owner Designated Account is considered notice to all owners. Notice E-mails will be considered sufficient notice regardless of whether you actually access the Notice E-mail or the e-Statements or Disclosures through First Online Internet Banking.
You are required to provide the Bank with a valid e-mail address. It is your responsibility to update your e-mail address through First Online Internet Banking if you change your e-mail address. If a Notice E-mail is returned undeliverable, the Bank may at its discretion discontinue your e-Statements Service and begin sending your periodic statements and Disclosures to you in paper form at the last postal address shown on our records.
To use the e-Statements Service, you need to have an operating system and an internet browser that are supported by First Online Internet Banking. For a current list of supported operating systems and browsers, please click here. You will also need a connection to the Internet, and a current version of Adobe Acrobat Reader or Adobe Acrobat Viewer.
Click on the link below to view a sample statement and test if you have the proper Adobe software installed to view e-Statements:
If you were unable to view the sample statement, you may download Adobe Reader for PCs here: http://get.adobe.com/reader/
For Macintosh, you may download Adobe Reader for Macintosh here: http://get.adobe.com/reader/otherversions/
If you are still unable to view the sample statement after downloading the Adobe software, you should not enroll in the e-Statements Service and you should contact First Bank of Newton at email@example.com or by phone at (316) 283-2600.
You must maintain your e-mail address and access to the Internet. You agree to maintain access at all times to personal computer capability sufficient to receive Notice E-mails, view your e-Statements and Disclosures, and to either download or print your e-Statements and Disclosures. If additional software becomes necessary to do any of these acts you agree to obtain such software at your expense or to discontinue the Service.
Termination of e-Statements
For personal First Online Internet Banking you or any joint owner of a Designated Account may un-enroll from the e-Statements Service at any time by going to the "Add Online Statements" page and switching the Designated Accounts to "Online and Paper." For First Online Business Internet Banking, you may un-enroll from the e-Statements Service at any time by going to the "Statement Preferences" page and un-checking the box for "Receive Online" for the Designate Accounts. You may also un-enroll by notifying First Bank of Newton at firstname.lastname@example.org or by phone at (316) 283-2600. There is no fee for un-enrolling. Termination of the e-Statements Service will automatically occur upon the first of the following events to happen: you un-enroll your accounts in the e-Statements Service or you close all of your Designated Accounts. We may terminate the e-Statements Service for any or all Designated Accounts. Upon termination of the e-Statements Service for any reason other than the closing of all of your Designated Accounts, paper notices and statements will be immediately resumed. The termination of the e-Statements Service in no way affects the validity or legal effect of all e-Statements and Disclosures which have been previously delivered electronically under this e-Statements Service.
Paper statements may be obtained for a period of seven (7) years but fees may apply. At any time during use of the Service you may request a paper copy of any periodic statement or Disclosure which has been delivered electronically. Paper copies may be acquired by contacting the Bank at email@example.com or phone (316) 283-2600. We will provide the disclosures to you via U.S. mail. Fees, if any, for paper statements or notices will be charged as disclosed on the applicable Fee Schedule (personal or business) in effect at the time the request is made.
We will use our best efforts to deliver your e-Statements and Disclosures in a timely manner as required by law. We will have no liability if we are unable to deliver them due to, but not limited to, the following circumstances:
• Your equipment is not functioning properly.
WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE E-STATEMENTS OR NOTICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE E-STATEMENTS SERVICE WILL OPERATE WITHOUT ERROR, OR THAT THE E-STATEMENT SERVICE WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT THE BANK'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY E-STATEMENT SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF E-STATEMENTS, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THIS E-STATEMENT SERVICE.
Review of e-Statements
Your use of this e-Statement Service does not in any way alter your obligation to promptly review your e-Statements and to notify us of any error, alteration or other irregularity. All provisions as set forth in the Deposit Agreement shall continue to apply. Your e-Statements will be considered delivered on the date that they are sent to the e-mail address you have designated, whether you actually receive the Notice E-mail or not.
Responsibility for User ID and Password
It is your responsibility to maintain control and safeguard your User ID and Password for First Online Internet Banking under the First Online Internet Banking Agreement. In addition, it is your responsibility to maintain and safeguard the e-mail account which you designate to receive e-Statements and Disclosures.
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your Designated Accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. You acknowledge that the Internet is inherently insecure and that all data transfers occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing e-Statements will not be monitored or read by others. You agree to indemnify, defend, and hold harmless Bank and its successors, assigns, affiliates, officers, employees, directors and agents against any loss, claims, damages, judgments, awards, legal obligations, costs or expenses, including, without limitation, all fees and expenses of Bank based upon, arising out of, or related in any way to your failure to protect your confidential information.
We may change any term of the Agreement at any time. We will provide prior notice to you as required by law or regulation. Such notice may be by e-mail, U.S. mail or by message on your e-Statement. We may not provide prior notice to you if the change is being made to ensure the security of the e-Statement Service; however, we will provide such notice as soon as reasonably possible after such change.
This Agreement is entered in the state of Kansas and shall be governed by the laws of the state of Kansas. Neither party may assign or transfer any of its rights or obligations under this Agreement, but the provisions of this Agreement shall be binding upon and inure to the benefit of any legal successor to the Bank, whether by merger, consolidation or otherwise.
By checking "I agree" on the e-Statements enrollment page, you are indicating you have read, understood and agree to be bound by the terms of this Agreement; indicating your execution and acceptance of the electronic delivery of the e-Statement Delivery Disclosure; authorizing the delivery of e-Statements and notices on the Designated Accounts as described above; warranting you have the appropriate equipment and software to provide the ability to receive and retain e-Statements and notices on the Designated Accounts, warranting that you have successfully viewed the sample statement linked in this Agreement, and warranting you have appropriate authority to act on behalf of the Owners of any and all Designated Accounts.
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