This Agreement is entered into between The Edgar County Bank & Trust Co. (the "Bank") and any customer of the Bank who subscribes to Consumer Internet Banking (My Bank 24/7). The customer is referred to in this Agreement as "you" or "your." The Bank is referred to in this Agreement as "Bank," "us," and/or "our." Consumer internet banking service is referred to as “My Bank 24/7”. You should carefully read this Agreement, the Bank's instructions on the use of My Bank 24/7 and My Bank 24/7 Bill Pay, as they may exist and as may be amended from time to time ("Instructions). If you use My Bank 24/7 or permit another to use My Bank 24/7 on your behalf, you agree to the terms and conditions stated in this Agreement. You must follow all of our instructions and procedures applicable to the services covered by this Agreement.
1. Other Accounts, Loan Agreements and Services
These terms and conditions are in addition to those that apply to any accounts you may have with us, loan or credit agreements, or any other services you obtain from us, including your signature card, the account and depositing disclosures, agreements, and fee schedules, the terms and conditions of any loan or credit agreements, the accompanying schedules and disclosures, and any change of terms notices. If you have more than one account or other relationship with us, you may "link" the relationships together as we permit. Accounts that are linked under My Bank 24/7 must have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account (see section 18).
2. Electronic Fund Transfer Act and Regulation E.
The Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E (“REG E”), govern some of the transactions permitted through My Bank 24/7. Some of the terms and conditions of this Agreement are disclosures required by REG E.
3. Computer Requirements.
- 10 Gb of available disk space on the system drive recommended
- 2.0 Ghz (or higher) processor recommended
- 1 Gb of RAM (or higher) recommended
- Microsoft Windows XP or Microsoft Windows Vista or Microsoft Windows 7
- Microsoft Internet Explorer 7.0 (or higher)
In order to use My Bank 24/7, you will need the type of computer, related equipment, and software described above. (In this Agreement, your computer and the related equipment are referred to together as your "Computer"). You are responsible for the installation, maintenance, and operation of your Computer and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your Computer or your software correctly. The Bank is not responsible for any errors or failures from any malfunction of your Computer or your software. The Bank is not responsible for any Computer virus related problems that may be associated with the use of the My Bank 24/7 system. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. Access Code.
When you enroll in My Bank 24/7 you will create a User ID and a Password (the User ID and Password collectively are referred to as the "Access Codes"). You will need the Access Codes to gain access to My Bank 24/7. Use of the Access Codes is the agreed security procedure between you and the Bank. Keep your Access Codes confidential in order to prevent unauthorized use and possible loss to your accounts. Anyone to whom you give or disclose your Access Codes will have full access to your accounts, even if you attempt to limit that person's authority. There is no charge if you change your Access Codes for security reasons. If you forget your Access Codes you must contact the Bank to have new temporary Access Codes issued to you. It may take several days before you receive these Access Codes. Under no circumstances should a Bank employee request your Access Codes (including your Password) through My Bank 24/7, over the Internet, or through other contact. Do not respond to any such request, even if the person claims to represent the Bank.
The Bank is committed to the security of its customers' accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your accounts and transactions with My Bank 24/7. The Access Codes are the Access Devices to your accounts and other services provided herein; providing the Access Devices to another person effectively constitutes a grant of authority to access your accounts under REG E. The following guidelines should assist you in these efforts: Do not give or disclose any part of your Access Codes to anyone, including any Bank employee, particularly while on the telephone or on-line or while using the Internet. Do not leave your account information out in an open area accessible by others, including your Computer screen. Do not send your Access Codes or privileged account information over any public or general e-mail system. Do not leave your Computer unattended while you are connected to My Bank 24/7. Please observe these guidelines. Remember, you may be held liable for the unauthorized use of your Access Codes (see section 17.1).
6. My Bank 24/7 Account Services.
To subscribe to My Bank 24/7, you must have at least one account with the Bank. Your My Bank 24/7 subscription includes a Basic Service Package free of charge, and Additional Products and Services, for which service fees may be charged. Basic Service Package includes: Balance information on checking, savings, money market, certificates of deposit, line of credit, installment loans, and mortgage loans Transfer of funds between transaction accounts Search transaction history e-messenger Additional Products and Services include: e-pay (bill payment service) e-statements e-mobile These lists are not exhaustive and the Bank may offer additional services in the future. This Agreement is intended to cover all services offered by My Bank 24/7, including future services. In most cases you may use My Bank 24/7 to gain access to deposit accounts in which you have an unrestricted right to withdraw funds and line of credit accounts in which you have an unrestricted right to borrow money. However, the Bank, as it may determine at any time and from time to time in its sole discretion, may deny My Bank 24/7 account access, restrict My Bank 24/7 account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.
7. Description of My Bank 24/7 Functions.
Depending on your particular My Bank 24/7 subscription, you may perform some or all of the following transactions:
7.1 Home Banking Functions.
If you subscribe to this service, you, or someone you have authorized by giving them your Access Codes, may use My Bank 24/7 to: (a) transfer funds between your accounts, (b) obtain account balances and transaction information for your accounts, (c) review the history of transactions, and (d) send electronic mail (e-mail) to Customer Service Representative at the Bank. These features of My Bank 24/7 are limited by and subject to the terms and conditions described below: Your ability to transfer funds between certain accounts is limited by federal law, as stated in the Deposit Agreements. For example, you can make no more than six (6) transfers from a savings or money market savings account during any one (1) calendar month or statement cycle (the period from one statement to the next) or similar period of at least four weeks, to another of your accounts with us or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction or by check, draft, debit card, or similar order made by you and payable to third parties. A “preauthorized transfer” includes any arrangements by us to pay a third party from your account upon written or oral instruction (including an order received through an automated clearing house (ACH) or any arrangement by us to pay a third party from your account at a predetermined time or on a fixed schedule.) Transfers made using both My Bank 24/7 and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers. Instructions to transfer funds between deposit accounts must be sent by 3:00 p.m. Central Time to be processed the SAME business day. Transfers received after 3:00 p.m. Central Time will be processed ONE business day later. Each transfer made from a loan account (e.g., an overdraft checking account) is treated as a cash advance from that account and is subject to terms of any loan or other applicable agreement you may have with the Bank. The Bank will not immediately receive e-mail that you send. Therefore, you should not rely on e-mail if you need to communicate to the Bank immediately. For example, if you need to stop payment on a check, to report a lost or stolen card, or to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately by calling our Online CSR (see section 14). The Bank will not take actions based on your e-mail requests until the Bank actually receives your message and has a reasonable opportunity to act. Transaction information for your accounts will be available from My Bank 24/7 for a period of no more than 60 days prior to the date of the inquiry. The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time and from time to time in its sole discretion.
7.2 Bill Payment Service and Scheduling Payments Instructions.
The Bill Payment service is an electronic payment system that permits you to initiate and authorize payments from your accounts to payees that you have selected in advance to receive payments by means of this service. (A "payee" is a person or business you are paying.) You have the option of setting up a payee as one of two bill payment types: (1) scheduled payments, which are payments of a fixed amount that are paid at a regular time interval, such as monthly (e.g., rent, mortgage, etc.); and (2) on demand payments, which are payments that vary in amount and/or date (e.g., utility, credit card, etc.). After you have established a scheduled or on demand payment authorization, the Bank will automatically execute bill payments according to your instructions until you have properly notified the Bank, in accordance with the Bank's procedures in effect at that time, of any cancellation of or change to your instructions. To subscribe to My Bank 24/7 Bill Payment ("Bill Payment"), you must have at least one checking account with the Bank. If you subscribe to this service, you may use Bill Payment to make payments from one checking account, designated by you as your Primary Account. An account that requires two or more signatures to make withdrawals may not be designated as a Primary Account. To pay bills using Bill Payment, you must use your Computer and the software to authorize a payment from your Primary Account. After your instruction is received, payment will be made electronically or by preparing a paper check to the payee via first class mail. You must set the payment date to at least ten (10) business days for checks and three (3) days for electronic prior to the date you wish the payment to reach the merchant. Our cut-off for payments is 8 pm CST; but, this cut-off time is not universal since some companies have their own cut-off. You may use Bill Payment to authorize automated recurring payments in order to pay recurring bills. These payments must be for the same amount each month and they will be sent on the same calendar day of each month, or on the following business day if the regular payment day falls on a Saturday, Sunday, or Federal Banking Holiday. When you have entered and transmitted a payment instruction, you authorize the Bank to reduce the Primary Account accordingly. Funds for payments are deducted from your account on the day specified by you for electronic payments. If paid by check, the funds will come out of your account on the day that the check clears the bank. If there are insufficient funds in the Primary Account to make payments you have authorized, The Bank may either refuse to pay the item or it may make the payment and thereby overdraw the Primary Account. In either event, you are responsible for any non-sufficient funds ("NSF") or overdraft charges the Bank may impose, as stated in the Deposit Agreements. Your e-pay account may be suspended if payments are returned for any reason. The Bank reserves the right to refuse to honor payment requests that reasonably appear to the Bank to fraudulent, incomplete, erroneous, or if you do not follow the Bank's instructions for Bill Payment. In addition, the Bank will not be able to execute any Bill Payment if the payee cannot or will not accept such payment. Using Bill Payment, you can only pay payees with United States addresses. While most payments can be made using Bill Payment, the Bank reserves the right to refuse to pay certain payees. The Bank also reserves the right to terminate your use of the Bill Payment service (see section 15 for additional Customer Responsibilities).
8. Third Party Software; Virus Protection
The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with My Bank 24/7 (e.g., Quicken, Microsoft Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your Computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your Computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.
9. Charges for My Bank 24/7
Depending on which function you subscribe to, you may be charged the applicable My Bank 24/7 monthly fee (the "Monthly Fee"). For a detailed description of the Monthly Fees the My Bank 24/7 Fee Schedule has been provided to you. Once you have subscribed, you may be charged the applicable Monthly Fee whether or not you use My Bank 24/7. The Bank may change or add any fees for My Bank 24/7 by the following procedures outlined in section 28 for amending this Agreement. In addition to the fees noted here, the service charges and fees provided for in the Deposit and Line of Credit, if applicable, will continue to apply. You authorize the Bank to deduct all applicable Monthly Fees from the Primary Account you have specified.
10. Right to Stop Payment.
Under the EFTA you have certain stop-payment rights and obligations for "preauthorized electronic fund transfers". A PEFT is an electronic fund transfer that is authorized in advance and is scheduled to recur on a periodic basis. One-time transfers authorized in advance, however, are not PEFTs and are instead governed by section 10.2.
10.1 Preauthorized Electronic Fund Transfer. You can stop any PEFT by calling or writing to us (see section 12 for telephone number and address) at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call.
10.2 Electronic Fund Transfer Authorized in Advance. You may have an opportunity to stop a one-time transfer authorized in advance by calling or writing to us (see section 14 for telephone number and address) at least three (3) business days before the payment is scheduled to be made. The EFTA, however, does not obligate us to honor this request, and we do not guarantee that such a stop-payment will be made on time. Furthermore, you should realize that a one-time electronic fund transfer is irrevocable and cannot be stopped if it is scheduled to be made within three business days of our receiving of the note.
10.3 Fees for Stop-Payment.
We will charge you $25.00 for each stop-payment order you give.
11. Overdrafts: Order of Payments, Transfers, and Other Withdrawals.
If funds are withdrawn from any of your accounts by means of electronic funds transfers, other than through My Bank 24/7 on the same business day as a My Bank 24/7 transaction, and if the account contains insufficient funds to enable both the electronic funds transfer and the My Bank 24/7 transfer or bill payment to be made, then the electronic funds transfer will have priority and the My Bank 24/7 transfer or bill payment will be refused or will result in an overdraft on your account. This is at the Bank's discretion.
12. Reporting Unauthorized Transactions or Theft or Loss of Access Codes.
If you believe that an unauthorized transaction has been made from your account, or if your Access Device has been lost or stolen, alert the Bank immediately by calling Online Support at: (217) 465-4154, extension 282, or write the Bank at:
Electronic Banking Department
Address: PO BOX 400
Paris, IL 61944
Hours: Monday-Friday 8:00 a.m. to 4:00 p.m.
Telephone: 217-465-4154 EXT. 282
or you can e-mail the Bank contact at firstname.lastname@example.org. Quickly telephoning us is the best way of reducing your potential losses.
13. Periodic Statements.
Your My Bank 24/7 payments and transfers will be indicated on monthly statements we provide or make accessible by mail or delivery service. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information.
14. Business Days and Hours of Operation.
My Bank 24/7 service is generally available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Saturday, Sunday, and Federal Banking Holidays are not included. Any transaction(s), including scheduled payments, to be made on a day that is not a business day will be credited, completed, or made on the next business day.
15. Customer's Responsibility.
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer, or for you to engage in any other transaction involving the payment or transfer of funds. You are responsible for all transactions and bill payments you authorize or make using My Bank 24/7, including any transactions or bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges, or penalties incurred as a result. If you permit other persons to use My Bank 24/7 or your Access Device, you are responsible for any transactions they authorize from your deposit and credit accounts, including any losses, charges, or penalties incurred as a result. In regard to Bill Payment, you are responsible for providing us with the proper payee (i.e., merchant) identification information, including the payee's address, telephone number, and your identification or account number with the payee. If you instruct us to make an electronic fund transfer to a particular payee and fail to give us the correct identification information, we are not responsible or liable for such a transfer. You should take the matter up with the payee receiving the funds in correcting such a transaction. It is your responsibility to authorize your bill payments in such a manner that your bills may be paid on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to do this.
15.1 Customer Liability.
You should notify the Bank immediately if you believe any of your accounts have been accessed or your Access Codes have been used without your permission. Contacting the bank immediately, especially by telephone, will help you reduce your potential losses.
If someone used your Access Device without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your Access Device. However, you can lose as much as $500.00 if you do not notify the Bank within two (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the (60) day period has past if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank's sole discretion, we may extend the time periods.
You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
16. Joint Accounts.
The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user; therefore you must each have an individual sign on.
Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your My Bank 24/7 account. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.
17. Bank's Responsibility.
The Bank is responsible for completing transfers and bill payments on time according to your properly entered and transmitted instructions. However, the Bank will not be liable for completing transfers and bill payments:
If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, if the account has been closed, frozen, or is not in good standing, or if we reverse payment or transfer because of insufficient funds;
If any payment or transfer exceeds the credit limit of any account or under the Instructions of this Agreement;
If you have not properly followed software or My Bank 24/7 instructions on how to make a transfer, bill payment, or other transaction;
If you have not given the Bank complete, correct, and current instructions, account numbers, Access Codes, or other identifying information so that the Bank can properly credit your account or otherwise complete the transaction;
If you do not authorize a Bill Payment soon enough for your payment to be made to the payee by the time it is due;
If the Bank makes a timely Bill Payment but the merchant nevertheless does not credit your payment promptly after receipt;
If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact;
If withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process;
If your Computer, your software, or My Bank 24/7 was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
If you, or anyone you allow, commits fraud or violates any law or regulation;
If circumstances beyond the Bank's control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken. Such circumstances include telecommunications outages, postal strikes, delays caused by payees, fires, and floods. There may be other exceptions to the Bank's liability as stated in the deposit, line of credit, credit card, and other Bank agreements.
In addition, the Bank will not be liable for indirect, special, consequential, economic, or other damages arising out of the installation, use or maintenance of My Bank 24/7 and/or its related equipment, software, or online services.
18. Disclosure of Account Information To Others.
To the extent necessary to carry out the My Bank 24/7 functions, the Bank may disclose information about your accounts to third parties in the following instances:
Where it is necessary for completing transfers and bill payments;
In order to verify the existence and condition of a Payment Account, such as a credit bureau, merchant, or for a payee or holder of a check issued by My Bank 24/7;
In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information;
To protect and enforce our rights;
If, in the Bank's judgment, a third party, including affiliates of the Bank, has a legitimate business purpose for obtaining such information, including offering you products or services; and if you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper).
19. Notices and Communications.
Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our My Bank 24/7 Service or at the last known e-mail address that we have for you in our records.
Notices from you will be effective when received by mail at the address specified in the Agreement.
20. E-mail Communications.
You should realize that e-mail transmissions are not secure. Therefore, do not send us or ask us for confidential or sensitive information, such as your Access Codes (including your PIN), account numbers, or financial information over any general or public e-mail system.
21. Error Resolution.
This section applies only to electronic funds transfers governed by the EFTA and REG E. In case of errors or questions about your My Bank 24/7 transactions, please telephone Online Support (see section 14).
If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you.
Tell us your name and account number(s).
Tell us the type, time, and date of the transaction and the dollar amount of the suspected error. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, check number, and payee account number for the payment in question.
If you tell the Bank orally, it may require that you send in your complaint or question in writing within ten (10) business days after we hear from you and will then in good faith attempt to correct any error promptly.
If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question, in which case, the Bank will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account.
If the Bank decides that there was no error, it will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
22. Information Authorization.
You agree that the Bank 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 Bank reserves the right to obtain financial information regarding your account(s) from a merchant or other institution to resolve payment posting problems.
23. Data Recording.
When you contact My Bank 24/7 to conduct transactions, the information and e-mail messages you enter will be recorded. By using My Bank 24/7, you consent to such recording.
24. Tape Recording.
You agree that we may tape record any telephone conversations you have with us regarding the services covered by the Agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
25. No Signature Required.
When using My Bank 24/7 to pay bills, you agree that the Bank, without prior notice to you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature). When using My Bank 24/7 to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging your linked credit account at the Bank without your handwritten or legally acceptable electronic signature.
26. Amendment of this Agreement.
Where the EFTA and REG E apply, the Bank may amend this Agreement at any time by sending notice to you by mail or, to the extent permitted by law, by e-mail or electronic communication through My Bank 24/7, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and REG E apply, notice is always required if the change would result in:
Increased fees for the customer;
Increased liability for the customer;
Fewer types of available electronic fund transfers; or
Stricter limitations on the frequency of dollar amount of transfers.
If the EFTA and REG E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days of making the change permanent.
If the EFTA and REG E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
Your continued use of My Bank 24/7 is your agreement to any amendment(s) of the Agreement, including the Instructions as may be amended from time to time.
The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
Either you or the Bank may terminate this Agreement and your My Bank 24/7 subscription at any time upon giving written notice of the termination to the other party. If you terminate My Bank 24/7, you authorize the Bank to continue making transfers and bill payments you have previously authorized and continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized. If the Bank terminates your use of My Bank 24/7, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized.
29. No Waiver.
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its 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.
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.
31. Governing Law.
Regardless of where you live or work or where you access My Bank 24/7, this Agreement will be governed by, and construed in accordance with, the laws of the State of Illinois and the federal laws of the United States of America. [The law governing any deposit account subject to this Agreement will be that of the state in which the deposit account is located.]
In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of it's reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Illinois, if allowed by applicable law.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
ACCOUNT ACCESS: No fee.
ELECTRONIC BILL PAYMENT SERVICE: No Fee.
IF YOU WISH TO ESTABLISH MY BANK 24/7 SERVICES WITH ECB&T AND IF ALL OF THE FOREGOING IS ACCEPTABLE TO YOU, YOU MAY PROCEED TO COMPLETION OF THE ENROLLMENT PROCESS BY CLICKING THE ACCEPT BUTTON BELOW.
WHEN YOU CLICK ACCEPT TO CONTINUE, YOU WILL BE SAYING THAT YOU ARE THE AUTHORIZED PERSON ON THESE ACCOUNTS AND YOU WILL BE ACKNOWLEDGING AND AGREEING THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF MY BANK 24/7.