Terms of Use

  1. Permitted Use, Content and Materials
  2. Links to Other Sites
  3. Limitation of Liability
  4. Indemnification
  5. Connection to Internet
  6. Email
  7. Children
  8. Notification of Claimed Infringement
  9. Enforceability and Governing Law
  10. Agreements

AS USED HEREIN, THE TERMS "YOU" AND "USER" SHALL MEAN ANY VISITOR TO THE WEBSITE AND "WE" AND "OUR" SHALL MEAN MID-MISSOURI BANK, A MISSOURI BANKING COOPORATION.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

You are strictly prohibited from unauthorized use of our systems or this website, including, but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this website.

1. Permitted Use, Content and Materials Back to Top

Any person is hereby authorized to view the information available from our website for his or her informational purposes only and to print out pages from this Website for his or her own informational purposes only. Nothing contained within this website shall be deemed an offer to sell or any other grant of contractual rights. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User's own risk. FURTHERMORE, ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS NOT AND SHOULD NOT BE RELIED UPON OR DEEMED TO BE LEGAL, TAX OR BUSINESS ADVICE. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website.

We may create, at our option, other websites or pages within this Website which may contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

Mid-Missouri Bank is not seeking, nor will it accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products ("Mid-Missouri Bank's Business"). Our adherence to this policy will avoid any misunderstandings among members of the public who submit comments and ideas related to Mid-Missouri Bank's Business. Any postings to this site and electronic mail delivered to Mid-Missouri Bank ("Electronic Communications") that contain unsolicited ideas, suggestions, or materials will be considered non-confidential and non-proprietary. Electronic Communications are, and will remain, the sole and exclusive property of Mid-Missouri Banks, and we will have no obligation with respect thereto. We may copy, disclose, distribute, incorporate, and otherwise use Electronic Communications and any information contained therein for any purpose whatsoever, whether commercial or non-commercial, without compensation.

Materials and information posted on the Website may be printed for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the Website may not be duplicated, copied, re- disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.

You cannot use your account for transactions involving Unlawful Internet Gambling. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful internet gambling.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

3. Limitation of Liability Back to Top

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE." WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

- ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;

- DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;

- DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND

- WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

IN NO EVENT SHALL MID-MISSOURI BANK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION; DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE DELAY OR INABILITY TO USE THE SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE; OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MID- MISSOURI BANK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ITS RELATED WEB SITES.

Descriptions of, or references to, products, services, or publications within our Web server does not imply endorsement of that product, service, or publication. Mid-Missouri Bank makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.

This publication could include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein.

4. Indemnification Back to Top

You agree to indemnify, defend, and hold harmless Mid-Missouri Bank, its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from your breach of these Terms of Use or arising out of your use or conduct on the Site.

5. Connection to Internet Back to Top

You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Mid-Missouri Bank shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

6. Email Back to Top

Email may not be secure, so please do not use e-mail to send us communications which contain confidential information such as Account Numbers, Social Security Number, PIN and Passwords, or communications which require immediate attention. If you have questions about your existing Mid- Missouri Bank account, please call us instead.

7. Children Back to Top

This Site is not targeted to children (people under thirteen years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on this Site, they are for use or purchase by adults.

8. Notification of Claimed Infringement Back to Top

If a copyright owner, its agent, or licensee has reason to believe that any material contained on our Website may infringe on its copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit Mid-Missouri Bank to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or licensee, or is otherwise permissible by law: and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Mid-Missouri Bank, any alleged infringer, or any copyright owner or its authorized agent or licensee. Written notice must be sent to Mid-Missouri Bank, Attention: General Counsel, P.O. Box 14740, Springfield, MO 65814.

9. Enforceability and Governing Law Back to Top

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Mid-Missouri Bank. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Missouri.

Any action against Mid-Missouri Bank arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you in state or federal court located in the State of Missouri, County of Greene. You consent to the jurisdiction and venue of the state and federal courts located within the State of Missouri, County of Greene, for the adjudication of all claims by Mid-Missouri Bank against you arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions.

10. Agreements Back to Top

BY ACCESSING THE MID-MISSOURI BANK WEB-SITE, YOU ACKNOWLEDGE THE RECEIPT OF THIS NOTICE PERTAINING TO ANY AND ALL CONTRACT UPDATES AND THE OPPORTUNITY TO ACCESS THOSE CONTRACTS TO REVIEW ANY RECENT CHANGES. PLEASE REVIEW THE AGREEMENTS ON THIS SITE BECAUSE THEY MAY CONTAIN IMPORTANT INFORMATION PERTAINING TO YOUR RIGHTS, USE, AND SECURITY OF YOUR ACCOUNTS WITH MID-MISSOURI BANK.

Mid-Missouri Bank Online Access Agreement

  1. Definitions
  2. Setup and Use of Online Access Services
  3. Business Online Access Services
  4. Personal Online Access Services
  5. Additional Information about the Services
  6. Limitations
  7. Parties' Responsibilities
  8. Customer Privacy and Confidentiality
  9. Termination
  10. Changes in Terms and other Amendments
  11. Other Provisions

You ("you", "your", "yours", or "Customer") have applied for the use of and Mid-Missouri Bank ("we", "us", "our" or "Bank") agrees to provide the Bank's Online Access Service to Customer upon the terms and conditions provided in this Online Access Agreement (the "Agreement").

Therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Bank and Customer, intending to be legally bound, do hereby agree as follows:

1. Definitions Back to Top

The following terms and definitions apply when used in this Agreement.

"Account" or "Accounts" means one or more checking, savings, money market deposit, time deposit or loan account that you have with us for Commercial or Personal use, as applicable.

"Bill Payment" or "Payment" means the remittance of funds, initiated through Online Access Service, from a Primary Service Account to a Payee.

"Bill Payment Service" means the Bill Payment Services offered by Bank, through our Bill Payment Services provider.

"Business Day(s)" means Monday through Friday, excluding holidays.

"Business Online Access Service" means the service(s) described in this Agreement and designated as such for business customers.

"Deposit Account Agreement" has the meaning provided in Article XI Section G.

"Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.

"Funds transfer" or "Transfer" means a transfer of funds, initiated through Online Access Service, from one eligible account to another.

"Login ID" means your individual online username.

"Online Access Service", "Online Services", or Service means the service(s) described in this Agreement.

"Password" means personal identification number, personal security code, or passcode, whether one or more than one that you chose or was assigned to you by the Bank that allows you to access Bank services.

"Payee" means any person or entity to which you direct a Payment through Online Access Service.

"Payment Account" is the checking account from which bill payments will be debited, whether one, or more than one.

"PC" means personal computer (including any personal data assistant or other wireless access device) that meets the requirements for use of Online Banking Services.

"Primary User" means the user who has the ability to establish additional access and rights for other company users.

"Service" means the service(s) described in this Agreement.

"Transfer Day" means Monday Friday, to 2:00 p.m., Central Time (Standard or Daylight). Holidays are not included.

Other definitions may be set forth elsewhere in this Agreement.

2. Setup and Use of Online Access Services Back to Top

A. Eligibility

In order to activate this Service, you must have at least one Account with us linked to the Service. You must also designate a Password which will be required to gain access to the Service. Your temporary Password will be 6 random digits that Bank provides to you. For security purposes you will be required to change this temporary Password at your initial logon to the Services.

B. Security Procedure

The use of the Password is a security procedure established by Bank to authenticate the identity of the person attempting to gain access to the Service. The security procedure is not designed for the detection of errors. You agree that this security procedure is commercially reasonable. We may require you to change your Password from time to time for security reasons. You should keep your Password in a secure location. Any person having access to your Password will be able to access these Services and perform all transactions, including reviewing Account information and making Transfers to other Accounts and to other persons

(1) You agree to comply with the "Security Procedures" and any other Security Procedures Bank directs you to use, and you acknowledge and agree that the Security Procedures, including (without limitation) any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection with a Security Procedure ("Security Devices"), constitute commercially reasonable security procedures under applicable law for the initiation of transfers and access to confidential Customer information. You authorize us to follow any and all instructions entered and transactions initiated using applicable Security Procedures unless and until you have notified us, according to notification procedures prescribed by us, that the Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to your deposit account maintained with Bank, and Business agrees and intends that the submission of transaction and instructions using the Security Procedures shall be considered the same as your written signature in authorizing us to execute such transaction. You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of such Security Procedures, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by you, to the fullest extent allowed by law. You further acknowledge and agree that the Security Procedures are not designed to detect error in the transmission or content of communications or transaction initiated by you and that you bear the sole responsibility for detecting and preventing such error.

(2) You agree to keep all Security Procedures and Security Devices protected, secure, and strictly confidential and to provide or make available the same only to your authorized representative(s). You agree not to disclose or provide any Security Procedures or Security Devices to any unauthorized person. Upon the request of Bank and if you are a business, you shall designate a security administrator to whom we may distribute Security Devices and with whom we may otherwise communicate regarding Security Procedures. Your system administrator shall have responsibility to distribute Security Devices to your authorized representative(s) and to ensure the proper implementation and use of the Security Procedures by your representative(s). Where you have the ability to change or modify a Security Device from time to time (e.g., a password or PIN), you agree to change Security Devices frequently in order to ensure the security of the Security Device. You agree to notify us immediately, according to notification procedures prescribed by us, if you believe that any Security Procedures or Security Device have been stolen, compromised, or otherwise become known to persons other than you or your authorized representative(s) or if you believe that any transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, we may issue you a new Security Device or establish new Security Procedures as soon as reasonably practicable, but we shall not be liable to you or any third party for any delay in taking such actions.

(3) If you are a business, you agree to notify us immediately, according to notification procedures prescribed by us, if the authority of any authorized representative(s) shall change or be revoked. You shall recover and return to us any Security Devices in the possession of any of your authorized representative(s) whose authority to have the Security Device has been revoked.

(4) We reserve the right to modify, amend, supplement, or cancel any or all Security Procedures, and/or to cancel or replace any Security Device, at any time and from time to time in our discretion. We will endeavor to give you reasonable notice of any change in Security Procedures; provided that we may make any change in Security Procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your implementation and use of any changed Security Procedures after any change in Security Procedures shall constitute your agreement to the change and your agreement that the applicable Security Procedures, as changed, are commercially reasonable and adequate for the purposes intended.

(5) If you receive an alert email notification for an action you did not authorize, you are required to contact Mid-Missouri Bank IMMEDIATELY to assist in reducing the risk of loss resulting from a third party obtaining your passwords and circumventing security procedures used to authorize transfers of funds.

C. Access

Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible for a reasonable period on a daily basis for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. We may modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of fees you have paid. Bank will provide online instructions on how to use the Service through the Help functions available at the site. You will gain access to your Accounts through the use of your Internet-enabled device, your Internet Service Provider, or your ID and your Password.

D. Equipment Requirements

In order to use the Services, you must first obtain your own personal computer with Internet connection capability and related equipment (the "Hardware"). You also must provide the type of Internet access required by the Hardware and or Software. Once the Hardware has been properly connected and any required Internet access has been established, you will be able to access the Services' website. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of the Hardware, Software, and the Internet access service to your PC, and for all related costs. You are solely responsible for virus protection and maintenance of your PC.

3. Business Online Access Services Back to Top

Products and Services Offered.

Business Customers may use the Services to:

  1. Make transfers between Accounts you may have with us.
  2. Make Payments to a Payee from your Account(s) (Bill Payment Service).
  3. Obtain Account balances. Your account balance is generally current as of 8:00 a.m. Central Time (Standard or Daylight) of each Business Day, but may not include current transactions (such as checks cashed at a teller on the Business Day). In addition, your account balance may show funds that have been credited to your account but are not yet available for withdrawal.
  4. Review recent transactions on your Accounts over the previous thirty (30) days.
  5. Transfer money to make loan payments.
  6. Communicate directly with Bank via electronic messaging.
  7. Download account information in various formats.
  8. *Originate ACH entries.
  9. Wire transfers

These activities are limited to the extent noted herein and in the agreements governing your various accounts with us. Your ability to transfer funds from savings and money market deposit accounts using these Services are subject to the limitations described herein and/or in the applicable account agreements. You should refer to these agreements for restrictions and service charges.

*Customer must execute a ACH Origination Agreement to use this service.

4. Personal Online Access Services Back to Top

A. Products and Services Offered.

You may use the Services to:

  1. Make transfers between Accounts you may have with us.
  2. Make Payments to a Payee from your Account(s) (Bill Payment Service).
  3. Obtain Account balances. Your account balance is generally current as of 8:00 a.m. Central Time (Standard or Daylight) of each Business Day, but may not include current transactions (such as checks cashed at a teller on the Business Day). In addition, your account balance may show funds that have been credited to your account but are not yet available for withdrawal.
  4. Review recent transactions on your accounts over the previous thirty (30) days.
  5. Transfer money to make loan payments.
  6. Communicate directly with Bank via electronic messaging.
  7. Download account information in various formats.

These activities are limited to the extent noted herein and in the agreements governing your various accounts with us. Your ability to transfer funds from savings and money market deposit accounts using these Services are subject to the limitations described herein and/or in the applicable account agreements. You should refer to these agreements for restrictions and service charges.

B. Unauthorized Transactions.

THE FOLLOWING PROVISIONS OF THIS SECTION APPLY ONLY TO SERVICE AND ACCOUNTS ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

To the extent a transaction is an "electronic fund transfer" under Federal Reserve Board Regulation E, Tell us AT ONCE if you believe your password has been lost or stolen, or if you believe that an Online Access transaction has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, you can lose no more than $50.00 if someone used your Password or made a transaction without your authorization.

If you do NOT tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, and we can prove we could have stopped someone from using your Password or the Online Service without your authorization if you had told us, you could lose as much as $500.00. Also, if your statement shows a transaction that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed, electronically transmitted, or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods as may be reasonable under the circumstances.

C. Bank's Failure to Complete Transactions.

THE FOLLOWING PROVISIONS OF THIS SECTION APPLY ONLY TO SERVICE AND ACCOUNTS ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

To the extent that an Online Service transaction is an "electronic fund transfer" under Federal Reserve Board Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs:

  • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction;
  • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account;
  • Your PC, Internet service provider, telephone line, modem, or other equipment is not operating properly;
  • The Service is not working properly and you were aware of the malfunction when you initiated the transaction;
  • You do not properly follow the instructional materials provided in connection with the Online Service;
  • You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date;
  • You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC's hard drive or the host system have been lost;
  • A Payee mishandles or delays the handling of Payments sent by us;
  • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
  • Your Password has been reported lost or stolen;
  • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
  • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Online Service or the Account;
  • Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line;
  • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction;
  • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
  • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

D. Error Resolution

THE PROVISIONS OF THIS SECTION APPLY ONLY TO SERVICE AND ACCOUNTS THAT ARE ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

In Case of Errors or Questions About Your Electronic Transfers Telephone your local branch, write us at Mid-Missouri Bank, 330 W. Plainview, Suite K, Springfield, MO 65810 or send a secure message from within the online banking application to customer service as soon as you can if you think that your statement is wrong or you need more information about a transaction listed on your statement or appearing on the account activity screen of your PC, we must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared or you received notification of the problem or error on your PC. You must:

  • Tell us your name and the Account number.
  • Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the account) after we hear from you and will correct any error promptly. If we require more time, however, we may take up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) to investigate your complaint or question. If this additional time is necessary, and your written notification has been received by us, we will credit your account within ten (10) Business Days (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the account), we will not credit your account and we will still have up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) for our investigation.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

5. Additional Information about the Services Back to Top

1. Account Access

Transfers and Payments from your Account will be deducted on the date you instruct us to process them. If the date you schedule a Transfer or Payment falls on a weekend or holiday, we will process your transaction the next Transfer Day. We may refuse to act on your Transfer instructions or Payment request if sufficient funds, including funds available under any overdraft protection plan, are not available in your Account on the date you want us to make the Transfer or Payment.

2. Processing Fund Transfers

We can process a Transfer until 3:00 p.m. Central Time (Standard or Daylight) on a Transfer Day. If you schedule a Transfer for a future date, we will process the transaction after the close of business on that date, if that day is a Transfer Day.

If there are insufficient funds in your Account to make a Transfer or Payment, we may refuse to make the Transfer or Payment or we may make the Transfer or Payment and overdraw your Account. In either event, you are responsible for any nonsufficient funds ("NSF") charges that may apply.

3. Canceling Transfers or Payments

You may cancel a pending Transfer or Payment transaction. However, to do so, we must receive your instruction to cancel prior to the cutoff time on the Transfer Day the transaction is scheduled to be processed. If we don't receive your instruction to cancel a transaction before that time, we may process the transaction. Additional information about issuing a stop payment on a Payment is described in Article V Section 5 below.

4. Transfer(s) from Savings/Money Market Deposit Accounts

Federal regulations require us to limit, either by contract or in practice, the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) preauthorized electronic fund transfers per month. Of these six transactions, you are limited to no more than three transactions per month by check or pointofsale transaction. Each fund transfer through these Services from your savings or money market deposit account is counted as one of the six (6) transfers permitted each month. However, payments to your loan accounts with us are not counted toward this transfer limit for savings/money market deposit accounts.

5. Bill Payment Service.

For Bill Payment Service, your Payee list may include utility companies, merchants, financial institutions, insurance companies, individuals, etc. within the United States whom you wish to pay through Bill Payment Service. Please include a complete mailing address and telephone number for each Payee, along with your account number. The Bank reserves the right to decline to make Payments to certain persons and entities. You agree that any Payment for taxes, Payments that are court-ordered, government payments and Payments outside of the United States are prohibited and you agree that you will not attempt to use the Service to make these types of Payments. On recurring Payments, it is the responsibility of the account owner or designated authorized users to update Payee account information such as address changes, account numbers, etc.

Payments are posted against your ledger balance, plus the available credit on your overdraft protection, if any, or other line of credit.

You schedule Payments on the day of your choice. You may schedule a Payment for a future date, or on the same date of each month. Since Payments are initiated in advance of the day the payments are due, you cannot schedule Payments for the current Business Day. Changes to previously scheduled Payments must be made five (5) Business Days prior to payment date if due for paper Payments and two (2) Business Days for electronic Payments. Although you can enter Payment information through the Service twenty-four (24) hours a day, seven (7) days a week, the Bank only initiates on Business Days. Funds must be available in your Account on the scheduled payment date. Funds will be deducted from your account on the same Business Day the Payment is due. If you direct the initiation of a Payment to occur on a day other than a Business Day, it will be initiated on the following Business Day.

Recurring Payments and Transfers are those made for the same amount, on the same date, on a weekly, bi-monthly, monthly basis, etc. Once started, recurring Payments and Transfers will be made automatically until you delete the Payment or Transfer or upon expiration. If the payment is not a recurring payment, it will be a "one-time payment." One-time payments do not recur and are not made until you enter the payee and amount of the current bill and submit the payment. A recurring Bill Payment Service transaction that you want deleted must be deleted or the next Payment date changed three (3) Business Day before the current transaction date.

If the session during which you schedule a payment or transfer ends by 3:00 p.m., Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day.

A stop payment cannot be placed on an Electronic Bill Payment transaction once issued. However, a stop payment can be placed on a Bill Payment transaction by Bill Payment check any time prior to the negotiation of the check.

There is no fee for deleting a payment initiated through Bill Payment; however a fee will apply for a stop on a Bill Payment check.

In the event a Payment is returned to us for any reason, you authorize us, in our sole and absolute discretion, to either research and correct the Payment information or to void the Payment and re-credit your Account.

6. Limitations Back to Top

Your use of these Services is subject to the following limitations:

Dollar Amount. There may be a limit on the dollar amount of the transactions you can make using these Services. Security reasons limit the dollar amount of transactions and these limits are subject to change from time to time. Payment can only be made with U.S. currency.

Frequency. In addition to the Federal banking regulations that restrict the number of transfers and withdrawals, there may be limits on the number of transactions you can make using these Services. These limits are for security reasons and are subject to change.

Foreign transactions. No Payments may be made to Payees outside the United States.

Additional limitations may be contained in this Agreement or the applicable Service Agreement. Your ability to initiate transactions may also be limited by the terms of other agreements you have with the Bank or by applicable law.

7. Parties' Responsibilities Back to Top

A. Your Responsibility For Physical and Electronic Security.

  1. You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in your possession or under your control. We are not responsible for any computer viruses (including, without limitation, programs commonly referred to as "malware," "keystroke loggers," and/or "spyware"), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is obtained at Business's own discretion and risk, and Bank is not responsible for any damage to Business's computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. Business is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Business's operating systems, and for protecting, securing, and backing up any data and information stored in or on Business's operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Business's operating systems. Bank shall not be responsible for the failure of the Customer to monitor its password or for a failure where a third party uses malware or a virus to compromise the Customer's system or through social engineering or Spear Phishing to obtain the Customer's sensitive data.
  2. Business acknowledges and agrees that it is Business's responsibility to protect itself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as "phishing"). If you are a business, you agree to educate your representative(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Business acknowledges that Bank will never contact Business by e-mail in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in e-mails that Bank transmits to Business. In the event Business receives an e-mail or other electronic communication that Business believes, or has reason to believe, is fraudulent, you agree that neither you nor any of your representative(s), agents, and employees shall respond to the e-mail, provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e-mail. Business agrees that Bank is not responsible for any losses, injuries, or harm incurred by Business as a result of any electronic, e-mail, or internet fraud.
  3. In the event of a breach of the Security Procedure, Business agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank's agent access to Business's hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. Business further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Business, Business's agents, law enforcement agencies, or any other third party. Failure of Business to assist Bank shall be an admission by Business that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Business or who obtained information facilitating the breach of the Security Procedure from Business and not from a source controlled by Bank.
  4. If you receive an online banking alert email notification for an action you did not authorize, you are required to contact Mid-Missouri Bank IMMEDIATELY to assist in reducing the risk of loss resulting from a third party obtaining your passwords and circumventing security procedures used to authorize transfers of funds.

B. The Bank's Responsibilities.

Bank agrees to use ordinary care in rendering Services under this Agreement. Customer recognizes and agrees that ordinary care does not mean error free. Customer agrees to pay all attorneys' fees, costs and expenses Bank may incur in collecting any sums Customer owes to Bank for overdrafts, service charges or otherwise or in enforcing any rights Bank may have under the terms of this Agreement or applicable law, rule or regulation applicable to Customer's account(s) or the Services rendered by Bank under this Agreement. Customer also agrees to pay all attorneys' fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by Customer, or on Customer's behalf where Bank is found not to be liable for such claim. In no event shall Bank be liable to Customer for attorneys' fees incurred by Customer in any action brought by Customer against Bank.

Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:

  1. Access. We will not be liable under this Agreement for failure to provide access or for interruptions in access to our Services due to a system failure or due to other unforeseen acts or circumstances.
  2. Your Computer Equipment & Your Software. We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with our Services. Bank shall not be responsible for the failure of the Customer to monitor its password or for a failure where a third party uses malware or a virus to compromise the Customer's system or through social engineering or Spear Phishing to obtain the Customer's sensitive data.

We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Netscape Navigator®, Microsoft Explorer®, or otherwise), your Internet service provider, your personal financial management or other software (such as Quicken® or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the Commercial Internet Banking Services.

8. Customer Privacy and Confidentiality. Back to Top

The importance of maintaining the confidentiality and privacy of the information provided by our customers is one of our highest priorities. We may disclose information about your Accounts or the Transfers you make: (a) where it is necessary for completing the transfers or processing or maintaining your Accounts; (b) in order to verify the existence or condition of your Accounts for a third party such as a credit bureau or merchant; (c) in order to comply with legal process, government agency or court orders;

(d) to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements; or (e) otherwise as permitted by law. An explanation of our privacy policy will be provided to you separately in the manner required by applicable law. Please review it carefully.

9. Termination Back to Top

This Service Agreement will remain in effect until terminated by you or us. You may cancel any Service(s) at any time by notifying us of your intent to cancel in writing at 330 W. Plainview, Suite K, Springfield, MO 65810. This cancellation applies only to your Online Access Services and does not terminate your other relationships with us.

We may terminate your participation in any Service(s) for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so.

Upon termination, Customer shall return all software, hardware, storage media, procedure manuals, and all other property of the Bank. All substantive and procedural provisions hereof relative to liabilities of the parties shall survive any termination of this agreement.

10. Changes in Terms and other Amendments.Back to Top

We may amend this Agreement (including changes in fees and charges) by giving notice to you at least thirty days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of a Service constitutes your agreement to the amendment(s). No amendments requested by the Customer shall be effective unless received and agreed to in writing by Bank. The terms of your other account agreements with us shall continue to apply.

11. Other Provisions Back to Top

A. Electronic Notices

THIS SECTION CONTAINS IMPORTANT INFORMATION ABOUT ELECTRONIC NOTICES. PLEASE READ CAREFULLY.

By clicking on the "I Agree" button, you are giving your consent for us to deliver to you any required disclosures and other notices concerning these Services or your Accounts by e mail or other appropriate electronic means. You may withdraw your consent to receipt of electronic notices and required disclosures or change your e mail address or electronic contact information by sending a secure message to "Customer Service" in the online banking application or writing to us at Mid-Missouri Bank, 330 W. Plainview, Suite K, Springfield, MO 65810. If you withdraw your consent, we reserve the right to terminate your participation in these Services. Before we send to you electronically any disclosures or notices that would otherwise be required by applicable law or regulation to be made available to you in writing, we will send you an e mail message and ask you to confirm that you can access the electronic information in the form in which it will be provided. After providing this confirmation, you may still request a paper copy of a disclosure or notice provided to you electronically by writing to us at the address above and identifying the disclosure or notice you are requesting. A fee may be charged for a paper copy of the electronic information.

You may use email to contact us about inquiries, maintenance and/or some problem resolution issues. Email is not a secure method of communication. Thus we recommend you do not send confidential personal or financial information by email. There may be times when you need to speak with someone immediately (especially to report a lost or stolen Password, or to stop a payment). In these cases, do not use email. Instead, customers should call their local branch.

B. Hours of Operation.

Our representatives are available to assist you during lobby hours, Monday through Friday, except holidays, by calling Mid-Missouri Bank.

C. Ownership of Website.

The content, information and offers on our website are copyrighted by us and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

D. Geographic Restrictions.

The Services described in this Agreement and any application for credit, deposit services, and brokerage services available at our web site are solely offered to citizens and residents of the United States of America residing within the United States of America. Citizens and residents may not be able to access these Services outside the United States of America.

E. Contact Information.

In case of questions about your electronic transactions contact customer service at:

Mid-Missouri Bank
330 W. Plainview, Suite K
Springfield, MO 65810
onlinehelp@midmobank.com or by phoning your local branch

F. Authority.

Customer hereby represents and warrants that he/she/it has full right, authority and power to execute, deliver and perform this Agreement and, if Customer is an entity or organization rather than a natural person, that the execution, delivery and performance of this Agreement has been duly authorized by all necessary company actions, including appropriate company resolutions.

G. Deposit Account Agreement.

Customer acknowledges and agrees that Customer's demand deposit account maintained with Bank is an integral part of the Services offered by Bank and that all transactions and Services initiated or processed pursuant to this Agreement are subject to the terms and conditions of the rules, regulations and agreement ("Deposit Account Agreement") governing accounts in effect from time to time between Customer and Bank. The Deposit Account Agreement is expressly incorporated herein by reference. The terms and conditions of this Agreement shall control over any inconsistent terms and conditions of the Deposit Account Agreement. Customer acknowledges that it has signed and executed all agreements, resolutions, signature cards and forms governing Customer's demand deposit account required by Bank. If Customer has not signed the foregoing forms required by Bank, by signing this Agreement, Customer acknowledges that it has read the contents of and agrees to be bound by the terms of those forms, agreements and documents, and adopts and ratifies, as an authorized signatory(s), the signature(s) of any person(s) who has signed a signature card or any check on Customer's account. Customer also agrees to establish all accounts that must be opened in conjunction with the Service provided by Bank.

H. Effective Dates.

The effective date of this Agreement shall be the date upon which the Agreement is executed by Customer and accepted by Bank.

I. Internet Disclaimer.

For any Service(s) described in the Agreement utilizing the Internet, Bank does not and cannot control the flow of data to or from Bank's network and other portions of the Internet. Such flow depends in large part on the performance of Internet Services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt Customer's connections to the Internet (or portions thereof). Bank cannot guarantee that such events will not occur. Accordingly, Bank disclaims any and all liability resulting from or related to such events and in no event shall Bank be liable for any damages (whether in contract or in tort) that are attributable to the public Internet infrastructure, Customer's ability to connect to the Internet, or Bank's ability to connect to the Internet on Customer's behalf. Bank shall not be responsible for the failure of the Customer to monitor its password or for a failure where a third party uses malware or a virus to compromise the Customer's system or through social engineering or Spear Phishing to obtain the Customer's sensitive data.

J. Financial Information.

Bank may from time to time request information from Customer in order to evaluate a continuation of the Service(s) to be provided by Bank hereunder and/or adjustment of any limits set by this Agreement. Customer agrees to provide the requested financial information immediately upon request by Bank, in the form required by Bank. If Customer refuses to provide the requested financial information, or if Bank concludes in its sole discretion that the credit risk of Customer is unacceptable, Bank may terminate the Service according to the provisions hereof. Customer authorizes Bank to investigate or reinvestigate at any time any information provided by Customer in connection with this Agreement or any Services and to request reports from credit bureaus and reporting agencies for such purpose.

K. Deadlines.

Customer shall deliver or transmit all data or information to Bank by the deadline(s) specified in this Agreement and Bank shall have no obligation to process data or perform the Service if the data is not received by the Bank by the specified deadline.

L. Customer's Duty to Inspect.

Customer shall inspect all reports, journals, and other material evidencing the output of the Service(s) performed by Bank. Customer must report all errors to the Bank for Services performed and indicated in the reports, journals and other material evidencing the output of the Service(s) or otherwise reported to Customer daily by the close of business on the banking day following the day on which the Service(s) is rendered. Customer must report all other errors within a reasonable time not to exceed thirty (30) days from the date that the error is made. Failure of Customer to promptly report errors within such specified time shall preclude Customer from asserting against the Bank any claims arising from the error or any loss caused by the error.

M. Payment for Services.

Customer agrees to pay Bank the fees established by Bank for rendering the Services under the terms of this Agreement and the Service Agreement. The fees are listed in our Schedule of Fees, which you acknowledge receipt of and which are incorporated herein by reference and made a part of this Agreement. Customer hereby authorizes Bank, at Bank's option, to charge Customer's account(s) maintained with Bank for such fees or, for business accounts, to impose or charge such fees to Customer indirectly through account analysis and balance requirements. In Addition to the Service fees, customer agrees to pay for all taxes, tariffs and assessments levied or imposed by any government agency in connection with the Service, this Agreement, and/or the software or equipment made available to Customer (excluding any income tax payable by Bank). Customer is also responsible for the costs of any communication lines and any data processing charges payable to third parties.

N. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY LAW, IF YOUR USE OF THE ONLINE ACCESS SERVICE IS NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, AND/OR IF YOUR APPLICABLE ACCOUNTS(S) IS (ARE) NOT ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, CUSTOMER AGREES:

  1. THAT BANK SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF THE USE BY CUSTOMER OF ANY SERVICE EVEN IF CUSTOMER, BANK OR BANK'S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. TO THE FULLEST EXTENT ALLOWED BY LAW, BANK'S LIABILITY TO CUSTOMER UNDER THIS AGREEMENT SHALL BE LIMITED TO CORRECTING ERRORS RESULTING FROM BANK'S FAILURE TO EXERCISE ORDINARY CARE OR TO ACT IN GOOD FAITH.
  3. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE OF THE SERVICES SHALL BE AT CUSTOMER'S SOLE RISK AND THAT THE SERVICES ARE PROVIDED BY BANK ON AN "AS IS" BASIS.
  4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO CUSTOMER OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. CUSTOMER AGREES THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO.
  5. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO CUSTOMER AS TO ANY COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER SYSTEMS OR RELATED EQUIPMENT, CUSTOMER'S SOFTWARE, OR CUSTOMER'S INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT CUSTOMER USES, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  6. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF CUSTOMER'S COMPUTER HARDWARE OR SOFTWARE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY COMPUTER SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM CUSTOMER TO BANK OR FROM BANK TO CUSTOMER. BANK SHALL NOT BE RESPONSIBLE FOR THE FAILURE OF THE CUSTOMER TO MONITOR ITS PASSWORD OR FOR A FAILURE WHERE A THIRD PARTY USES MALWARE OR A VIRUS TO COMPROMISE THE CUxSTOMER'S SYSTEM OR THROUGH SOCIAL ENGINEERING OR SPEAR PHISHING TO OBTAIN THE CUSTOMER'S SENSITIVE DATA. BANK SHALL NOT BE RESPONSIBLE FOR NOTIFYING CUSTOMER OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF CUSTOMER'S COMPUTER HARDWARE OR SOFTWARE.

O. Compliance With Laws, Rules, and Regulations.

Compliance With Laws, Rules, and Regulations. Customer agrees to comply with all existing and future operating procedures used by the Bank for processing of transactions. Customer further agrees to comply with and be bound by all applicable state or federal laws, rules and regulations affecting the use of checks, drafts, fund transfers, and ACH transactions, including but not limited to, rules and procedural guidelines established by the Federal Trade Commission (FTC), the Board of Governors of the Federal Reserve, the National Automated Clearing House Association (NACHA) and any other clearinghouse or other organization in which Bank is a member or to which rules Bank has agreed to be bound. These laws, procedures, rules, regulations, and definitions shall be incorporated herein by reference.

P. Relationship of Parties.

Relationship of Parties. Customer and Bank acknowledge and agree that the relationship of Bank and Customer is that of an independent contractor and that this Agreement does not establish or create a general agency, joint venture, partnership, or employment relationship between them.

Q. Force Majeure.

Force Majeure. The Bank shall not be responsible for any liability, loss, or damage resulting from Bank's failure to perform any Service or to perform any other obligations under this Agreement which is caused by an act of God, fire, floods, adverse weather or atmospheric conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority or the Board of Governors of the Federal Reserve; labor difficulties; equipment or computer failure or destruction or the unavailability, interruption, or malfunction of communications facilities or utilities; delays or failure to act by Customer or third parties and their personnel; criminal acts; or generally any cause reasonably beyond the Bank's control.

R. Reimbursement.

Reimbursement. Any reimbursement by Bank for any liability hereunder may be made either directly to Customer or by adjustment of the aggregate ledger and collected balances of Customer's accounts.

S. Indemnification.

Indemnification. In addition to other indemnification and liability provisions elsewhere in this Agreement, to the fullest extent allowed by law, if your use of the Service is not primarily for personal, family or household purposes, and/or if your applicable Accounts(s) is (are) not established primarily for personal, family or household purposes, customer will be liable for, hold harmless, and will indemnify Bank, and their employees and agents from and against all claims of any sort by third parties or others arising out of this Agreement, including all losses and expenses incurred by Bank arising out of Customer's failure to report required changes, transmission of incorrect data to Bank, or failure to maintain compliance with all laws, regulations and rules. Except for those losses caused directly by Bank's failure to exercise ordinary care or to act in good faith, Customer agrees to indemnify and hold Bank, its officers, directors, shareholders, agents, employees, and affiliates, and their respective officers, directors, agents and employees, harmless from and against any and all losses, costs, suits, damages, claims, liabilities and expenses (including reasonable attorneys' fees) arising from or related in any way to (i) any Services performed in connection with this Agreement, (ii) Bank's action or inaction in accordance with or reliance upon any instructions or information received from any person reasonably believed by Bank to be an authorized representative of Customer or Authorized User, (iii) Customer's breach of any of Customer's covenants, agreements, responsibilities, representations or warranties under this Agreement, and/or (iv) Customer's breach of applicable laws, rules or regulations.

T. Arbitration and Waiver of Jury Trial.

ARBITRATION AND WAIVER OF JURY TRIAL. CUSTOMER AND BANK AGREE THAT THE TRANSACTIONS PROCESSED UNDER THIS AGREEMENT OR ANY SERVICE AGREEMENT INVOLVES "COMMERCE" UNDER THE FEDERAL ARBITRATION ACT ("FAA"). ANY CONTROVERSY OR CLAIM BETWEEN CUSTOMER AND BANK, OR BETWEEN CUSTOMER AND ANY OF BANK'S OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT OR ANY SERVICE AGREEMENT, WHETHER BASED ON CONTRACT OR IN TORT OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY "CLAIM"), WILL BE SETTLED BY BINDING ARBITRATION UNDER THE FAA. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES ("THE ARBITRATION RULES"). IF A CLAIM IS SUBMITTED TO ARBITRATION, (A) CUSTOMER WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL;(B) CUSTOMER WILL NOT HAVE THE RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES; (C) CUSTOMER WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO APPEAL; (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT MAY EXIST BETWEEN CUSTOMER AND BANK. THIS AGREEMENT TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF CUSTOMER'S ACCOUNT AND THE TERMINATION OF THIS AGREEMENT OR ANY SERVICE AGREEMENT.

Governing Law.

Governing Law. The rights and obligations of the parties to this Agreement shall be governed by the law of the State of Missouri and applicable federal law.

Miscellaneous Provisions.

  1. Headings. The headings and captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain, or modify this Agreement or its interpretation, construction, or meaning.
  2. Severability. The holding of any provision of this Agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
  3. Waiver. No waiver by the Bank (whether or not in writing) of any term, condition, or obligation of Customer shall bind the Bank to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such a waiver.
  4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, trustees, and permitted assigns of the parties hereto.
  5. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter hereof. All contemporaneous agreements or understandings concerning the subject matter hereof, whether oral or written, are merged into this Agreement.
  6. Transfers and Assignments. Customer cannot transfer or assign any rights or obligations under this Agreement without Bank's written consent.

Mid-Missouri Online Access Service Agreement

Electronic Statement Disclosure and Agreement

  1. Consent
  2. Definitions
  3. Scope of content
  4. Rights and options
  5. System Requirements
  6. Duty to review periodic statements
  7. Joint Accounts
  8. No warranty
  9. Limit of liability
  10. Connection to internet
  11. Security
  12. Password security
  13. Termination
  14. Communication
  15. Change in terms
  16. Requesting a paper copy of your account statement
  17. Additional terms and conditions of this agreement
  18. Links to other sites
  19. Enforceability and governing law
  20. Acceptance of e-statements disclosures and agreement

Before you can enroll in or access our Electronic Statement Presentment services ("E-Statement Services"), we must obtain your affirmative consent to electronic delivery of your periodic account statements and associated disclosures (collectively referred to as "Statements"). Please read this Electronic Statement Disclosure and Agreement (this "Agreement") carefully and save or print a copy for your records.

2. Definitions Back to Top

AS USED HEREIN, THE TERMS "YOU" AND "YOUR" SHALL MEAN THE OWNER AND/OR JOINT OWNER OF THE ACCOUNT WHO IS/ARE REQUESTING THAT THE STATEMENTS FOR SUCH ACCOUNT BE SENT ELECTRONICALLY TO YOUR PERSONAL INTERNET ADDRESS AND, THEREFORE, IS ENROLLING IN OUR E-STATEMENT SERVICES. THE WORDS "BANK," "WE," "US," AND "OUR" SHALL MEAN MID-MISSOURI BANK, A MISSOURI BANKING CORPORATION. PLEASE SEE THE DEFINITIONS OF "E-STATEMENT SERVICES," "STATEMENTS," AND "AGREEMENT" ABOVE.

3. Scope of content Back to Top

Your consent to receive Statements Electronically covers the periodic statements you are provided in connection with your Bank Deposit Account(s). Your consent also covers disclosures that are required with your account statements, including, but not limited to the error resolution notice required by the Electronic Fund Transfer Act, as well as marketing information on products and/or promotions bank may provide to you electronically. By using E-Statement Services, you accept and agree to be bound by the general terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations and official issuances applicable to E-Statements now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that Bank may from time to time make available to you in connection with E-Statement Services.

You understand that after receiving your first Statement electronically, bank will discontinue mailing paper account statements to you. All future statements for that account will be sent electronically which you may access through Bank's Online Banking system to obtain, review, print, copy and/or download your periodic Statements. Each month we will send an email notice to you advising you of the availability of your Statement being available electronically. You may access your E-Statement then via procedures that we authorize. Your electronic Statements will be available for viewing for a period of eighteen (18) months (or such period as decided by Bank and notified to you) from the applicable statement date.

SCOPE OF CONSENT FOR ELECTRONIC DELIVERY OF NOTICES: Your consent to receive electronic notices covers any notice or other type of communication provided to you pursuant to the terms of this Agreement.

YOU MUST NOTIFY US IMMEDIATELY OF ANY CHANGE IN YOUR E-MAIL ADDRESS, MAILING ADDRESS AND/OR TELEPHONE NUMBER.

4. Rights and options Back to Top

You are not required to enroll in the E-Statement services Program. You can continue to receive your Statements in the same format as you currently receive your statements; however, you must enroll in the E-Statement Services and agree to the terms set forth in this Agreement to receive statements electronically.

If at any time after you consent to electronic delivery of your Statements, you wish to withdraw your consent to electronic delivery of your Statements, you should change your delivery preferences by selecting "statements by Mail" and click "Submit". If you withdraw your consent, you will be un-enrolled in the E-Statements Services and will no longer receive your statements electronically. Statements issued after your withdrawal is effective will be mailed to your physical address on record.

If you consent to electronic delivery of your Statements by checking "I agree to the terms of the agreement " and clicking "Submit" below, your consent will apply to all Statements unless and until the earlier of your withdrawal of consent as described above or the Bank's discontinuation electronic Statement delivery services.

5. System Requirements Back to Top

In order to participate in the E-Statement Services and receive and retain copies of your Statements electronically you will need to provide or obtain access to the following:

1. A computer and modem or other device capable of accessing the Internet
2. An active "Internet Service Provider"
3. A web Browser that supports 128-bit encryption
4. The ability to download or print agreements and disclosures.
5. Adobe Reader or Acrobat, version 3.0 or higher

6. Duty to review periodic statements Back to Top

You must promptly access/review your electronic Statements and any accompanying items and notify us in writing immediately of any error, unauthorized transaction, or any other irregularity. If you allow someone else to access your Statements, you are still fully responsible to review the statement for any errors, unauthorized transactions, or any other irregularities. Any applicable time periods within which you must notify us of any errors on your account Statement(s) shall begin on the date you receive email notification that your Statement is available electronically regardless of when you access and/or review your Statement. If you do not immediately report to Bank any non-receipt of your Statement electronically or of any error, irregularities, discrepancies, claims or unauthorized debits or items, you shall be deemed conclusively to have accepted all matters contained in the Statements to be true, accurate and correct in all respects.

7. Joint Accounts Back to Top

If your account is owned jointly with another person, either one of you may consent to receive electronic disclosures and electronic delivery of Statements; however, if one joint owner selects electronic delivery, then Bank shall only provide Statements electronically to the email address provided and NO OWNER SHALL RECEIVE PAPER STATEMENTS. If at anytime, any owner elects to change the method by which Statements are delivered, that election shall apply to all joint owners. It is your responsibility to ensure that Bank has all appropriate and current information on where and how delivery shall be made.

8. No warranty Back to Top

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-STATEMENT SERVICES. WE DO NOT AND CANNOT WARRANT THAT THE E-STATEMENT SERVICE WILL OPERATE WITHOUT ERROR.

NO WARRANTY FOR CONTINUOUS OR UNINTERRUPTED SERVICE: BECAUSE OF THE UNPREDICTABILITY OF THE INTERNET, WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR BANK STATEMENTS THROUGH THE INTERNET. HOWEVER, SHOULD YOU BE UNABLE TO ACCESS YOUR STATEMENT, YOU CAN CALL YOUR LOCAL BANK BRANCH AND THE BANK WILL TAKE OTHER MEASURES TO PROVIDE YOU COPIES OF YOUR STATEMENTS TO YOU.

9. Limit of Liability Back to Top

YOU AGREE THAT IN NO EVENT WILL WE OR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER'S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUE, DATA OR USE OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN THE CONNECTION WITH YOUR USE OF OUR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIERS' SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS LOSS OF DATA, OR OTHER SIMILAR LOSS.

TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS CONSENT AND AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF E-STATEMENT SERVICES. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US WITHIN THE LAST 90 DAYS (IF ANY) FOR THIS SERVICE.

10. Connection to internet Back to Top

You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. ALL INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET IS SUBJECT TO UNAUTHORIZED INTERCEPTION, DIVERSION, CORRUPTION, LOSS, ACCESS, AND DISCLOSURE. MID-MISSOURI BANK SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF YOUR CONNECTION TO OR USE OF THE INTERNET, AND SHALL NOT BE RESPONSIBLE FOR ANY USE BY YOU OF AN INTERNET CONNECTION IN VIOLATION OF ANY LAW, RULE, OR REGULATION OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

BANK CANNOT CONTROL INFORMATION ON OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY OF WEBSITES LINKED FROM BANK WEBSITES.

11. Security Back to Top

You understand that some or all of the E-Statement services and/or other Bank system Services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond bank's control and Bank shall be held harmless for any such failure. You further understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your Statements for each of your Bank accounts as you can access it. You agree to protect the confidentiality of your account and account number and your personal identification information. 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, including electronic mail, 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 THE INTERNET, OR EMAIL TRANSMITTED TO AND FROM US, WILL NOT BE MONITORED OR READ BY OTHERS.

In order to help protect your personal information, we recommend that you install firewalls, anti-virus, and spyware protection software (and update as required) on your computer. We also recommend that you update your operating system and browser application on a periodic basis to better protect your computer and online banking sessions.

12. Password security Back to Top

Your User ID and password that are used to access E-Statement Services and Online Bank services should be kept confidential. We strongly recommend that you change your password regularly. You are responsible for keeping your password, account numbers and other account data confidential.

13. Termination Back to Top

You agree that we can terminate the E-Statement Service and revert to printed statements for any reason at any time without notice to you.

14. Communication Back to Top

You may use e-mail to communicate with Bank by sending an email to onlinehelp@midmobank.com; however, e-mail is not available to initiate transactions on your accounts. Since we may not receive your email immediately, you should not rely on e-mail if you need to communicate with us right away. If you need to contact us immediately, please call or visit your local Bank branch.

15. Change in terms Back to Top

The Bank reserves the right to change the terms and conditions of this Agreement including any fee schedule at any time, which includes the addition and deletion of E-Statement Services. We shall update this agreement on our website and may notify you of such changes by mail or electronic message to your most recent address listed on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the E-Statement Service when the changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of the E-Statement Service and notifying us of your election by email or regular mail.

16. Requesting a paper copy of your account statement Back to Top

You can request a paper copy of your account statement by visiting your local Bank branch. A fee per statement copy will be assessed to your account per our fee schedule agreement.

17. Additional terms and conditions of this agreementBack to Top

This Agreement in addition to the terms and conditions you accepted to enroll into Bank's online banking program. This Agreement is also in addition to Bank's Terms and Use Agreement regarding its website. Additionally, all other account agreements, fee schedules or any other documentation which relates to your account(s) shall still apply in full force and effect. To the extent the terms of this Agreement are inconsistent with other agreements you have with the Bank this document shall control.

19. Enforceability and governing law Back to Top

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Mid-Missouri Bank. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Missouri.

Any action against Mid-Missouri Bank arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you in state or federal court located in the State of Missouri, County of Greene. You consent to the jurisdiction and venue of the state and federal courts located within the State of Missouri, County of Greene, for the adjudication of all claims by Mid-Missouri Bank against you arising from or relating to your access to and use of the E-Statement Services.

20. Acceptance of e-statements disclosures and agreement Back to Top

Checking the "I agree to the terms of the agreement" and clicking "Submit" button below constitutes your written signature and consent to be bound by the terms of this Agreement and to receive Statements electronically. If you select not to agree to the terms herein, then your E-Statement Service will be discontinued, you will not be enrolled, and you will not receive Statements electronically.

Mobile Banking Addendum To Online Access Agreement

  1. Description of Mobile Banking Services
  2. Access and Use of Mobile Banking Services
  3. Mobile Deposit Service
  4. Relationship to Third Party Agreements.
  5. Your Obligations
  6. Limitation of Liability
  7. Contact in Event of Unauthorized Transfer
  8. Error and Questions
  9. Financial Institution's Liability
  10. Proprietary Rights
  11. Security of Data Transmission and Storage.
  12. Fees
  13. Account Alerts
  14. Mobile Banking Services Limitations; Warranty Disclaimer
  15. Bank's Limited Liability
  16. Cut-Off Hours
  17. Changes, Termination and Refusals
  18. Third-Party Beneficiary
  19. Links to Other Mobile Banking Services

This Mobile Banking Addendum to Online Access Agreement by Mid-Missouri Bank ("we", "us", "our" or "Bank"), governs your ("you", "your", "yours", or "Customer") use and Bank's provision to you of Bank's Mobile Banking Services, as defined below.

Acceptance of this Addendum - By clicking "I Agree" when you enroll for mobile banking ("Mobile Banking Services"), you agree to the terms and conditions of this Mobile Banking Addendum to Online Access Agreement ("Addendum"). Additionally, by continued use of the Mobile Banking Services, you further agree to the terms and conditions of the Online Access Agreement ("Agreement") and this "Addendum" as posted on our website. Except to the extent otherwise defined herein, defined terms in this Addendum will have the meaning provided in the Agreement which governs your use of our online banking system ("Online Banking").

To the extent there are conflicts between the terms of this Addendum and the Agreement, this Addendum will control. The accounts that you access using the Mobile Banking Services are also subject to the terms and conditions of the deposit or loan agreement for those accounts, as supplemented and modified by this Addendum.

1. Description of Mobile Banking Services Back to Top

You must consent to electronic delivery of your Statements in order to continue enrolling in our E-Statement Services. If you do not want to receive your Statements electronically, you should exit this screen and the enrollment process will be discontinued. If you do not consent to receiving your Statements electronically, our E-Statements Services will not be available to you. If, after reading this Agreement, you wish to consent to electronic delivery of your Statements and enroll in our E-Statement Services, please check on "I agree to the terms of the agreement " and click "Submit" where indicated below.

  • Perform account inquiries on checking, savings, certificates of deposit and loan accounts;

  • Initiate bill payments to third party payees that have been established through the Online Banking system (you will not be able to establish new payees through Mobile Banking Services);

  • Transfer available funds between your linked accounts (transfer restrictions may apply, and the Bank reserves the right to refuse account linkage requests, at its discretion. Refer to your Agreement for further details, as applicable);

  • Transfer funds to your loan accounts from linked checking accounts;

  • Scan and submit eligible Items (as defined below) with a value of no greater than $1,000.00 per Item for deposit to your checking, savings or money market accounts at Bank ("Mobile Deposit").

  • Additional services for Business customers include approving ACH transactions and authorizing Wire transfers utilizing existing templates.

2. Access and Use of Mobile Banking Services Back to Top

Your access to the Mobile Banking Service is subject to our prior and ongoing approval. We may deny your access to all or any part of the Mobile Banking Service, at our sole discretion. To be eligible for all or any part of the Mobile Banking Services, we require you to be a current customer enrolled in our Online Banking system and have an active eligible checking account in good standing with Bank. We reserve the right to determine and to revise, in our sole discretion, the criteria for determining which accounts are eligible and in good standing.

Once you have enrolled for the Online Banking system, you may activate the Mobile Banking Services through the mobile registration process. To activate the Mobile Banking Services, you will be required to use your Login ID and Password. Designated accounts linked to your banking relationship will be accessible through your Wireless Access Device. Additionally, to access and utilized the Mobile Banking Services you will need a Wireless Access Device which complies with our current access requirements. In order to properly use the Mobile Banking Services, you should review and follow the instructions provided in our Online Banking system. You agree to accept responsibility for learning how to use the Mobile Banking Services in accordance with the online instructions and agree that you will contact us directly, if you have any problems with Mobile Banking Services. You also accept responsibility for making sure that you know how to properly use your Wireless Access Device.

To the extent the Mobile Banking Service involves our having granted you software license ("Software") usage rights, such grant shall be a personal, non-exclusive, non-transferable right to access and use the Mobile Banking Service in connection with your personal use of the Mobile Banking Service in accordance with this Addendum. The Mobile Banking Services do not involve the sale of software. Nothing in this Addendum will entitle you to receive technical support, telephone assistance regarding the Software, or updates to Software. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your Wireless Access Device or otherwise in your possession and control as part of your access and use of the Mobile Banking Service. Without limiting the generality of the foregoing, you agree not to: (a) make the Mobile Banking Service available or allow use of the Mobile Banking Service in a computer bureau service business, or on a timesharing basis, or (b) otherwise disclose or allow use of the Mobile Banking Service by or for the benefit of any third party.

3. Mobile Deposit Service Back to Top

The Mobile Deposit Service is designed to allow you to present original paper checks payable in U.S. dollars for deposit to your linked checking account with Bank with a deposit containing an Item of no greater than $1,000.00. Using the Mobile Deposit Service, you will capture digitized images of Checks using applicable Software and a supported Wireless Access Device. You acknowledge that your license to use any Software that may be required for the Mobile Deposit Service is directly from the Software provider, pursuant to the license agreement that appears when any such Software is electronically accessed by you or otherwise provided to you. You are solely responsible for information or data that is transmitted, supplied or key-entered by you, your employees or agents.

  1. Mobile Deposit Defined Terms

    "Check" means an Original Check, as defined in Regulation CC, except that Check does not include a Substitute Check or a remotely created check.

    "Documentation" means all documentation, the user manual, any other manuals, all instructions (including on-line instructions) relating to the Product and Mobile Deposit Services which we may provide to you from time to time in connection with the Product or Mobile Deposit Services.

    "Endpoint" means any Federal Reserve Bank, financial institution, local clearing house, courier or other entity or location for the delivery of cash letters or other presentment of Electronic Items or Substitute Checks.

    "Image Exchange Item" means a digitized image of an Item cleared and settled directly with a Payor Financial Institution without conversion to a Substitute Check.

    "Imaged Item" means the digitized image of a Check that is created by you and transmitted to us using the Mobile Deposit Service.

    "Item" means a Check that is payable on demand, drawn on or payable through or at an office of a United States Financial Institution, whether negotiable or not, and payable or endorsed to you, and includes Original Checks, Substitute Checks and Image Exchange Items. Such term does not include Non-cash Items or Items payable in a medium other than United States money.

    "Non-cash Item" means an Item that would otherwise be an Item, except that: (i) a passbook, certificate or other document is attached; (ii) it is accompanied by special instructions, such as a request for special advice of payment or dishonor; (iii) it consists of more than a single thickness of paper, except an Item that qualifies for handling by automated check processing equipment; or (iv) it has not been preprinted or post-encoded in magnetic ink with the routing number of the Payor Financial Institution.

    "Original" with respect to a Check means the first paper Item issued with respect to a particular payment transaction.

    "Payor Financial Institution" means the United States Financial Institution ordered in an Item to make payment to the payee(s) named on the Item.

    "Product" means collectively the procedures, protocols, and Software used by us and our licensors and contractors in connection with the electronic processing of Items, and includes without limitation the Mobile Deposit Services.

    "Regulation CC" means 12 C.F.R. Part 229, as it may be amended from time to time.

    "Substitute Check" means a paper reproduction of an Item that satisfies the requirements and definition of "substitute check" set forth in Regulation CC.

    "UCC" means the Missouri Uniform Commercial Code as amended.

    "United States Financial Institution" means (i) any person, located in the United States, engaged in the business of banking; (ii) a Federal Reserve Bank; (iii) a Federal Home Loan Bank; and (iv) to the extent it acts as a payor, the U.S. Treasury, the U.S. Postal Service, or a State or local government.

  2. Your Responsibilities

    1. You shall maintain one or more bank accounts at Bank for the receipt of deposits of Items;
    2. You shall be responsible for understanding the use of the Mobile Deposit Services;
    3. You will only submit Checks for processing to us that meet the definition of "Check" as provided in this Addendum. You will not process any third-party checks. Bank's processing of any Imaged Items that do not meet the definition of Check ("Non-qualifying Items") shall not constitute a waiver by us or obligate us to process such Non-qualifying Items in the future. We may discontinue processing of Non-qualifying Items at any time, without cause or prior notice;
    4. You will not attempt to scan and transmit to us any previously truncated and reconverted Substitute Check. Any previously truncated and reconverted Substituted Check must be physically deposited with the Bank;
    5. You will (a) ensure that Checks are restrictively endorsed or otherwise processed to permit only financial institutions to acquire rights of a holder in due course in the collection process of Items, (b) handle, process, maintain and destroy Original Checks as set forth in this Addendum and in the Documentation, and (c) ensure that no financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for an Item more than once in any form;
    6. You will use the Product and Mobile Deposit Services, including the entering, processing and transmittal of Imaged Items, in accordance with the Documentation. In addition, you will provide, at your own expense, a supported Wireless Access Device as specified by us from time to time with an active Internet connection;
    7. You shall be responsible for verifying Bank's receipt of your transmission(s) by verifying that deposits have been posted to the appropriate accounts, in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with the Bank;
    8. You shall be responsible for installing and implementing any changes and upgrades to the Product and Mobile Deposit Services as required by us within 5 days to ensure compliance with regulatory changes or developments, or to protect the integrity and security of the Product and Mobile Deposit Services;
    9. Upon our receipt and acceptance of a Check image, you agree to prominently mark the check as "Electronically Presented" and securely store and hold the item for 30 days prior to properly disposing of the item to ensure that it is not deposited or otherwise represented for payment. You further agree to never represent or redeposit the item without prior authorization from the Bank. You agree to use a commercially reasonable method to destroy the Original Checks after the 30 day retention period has expired. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes;
    10. You understand and agree that an Item that is not paid by a Payor Financial Institution, or is otherwise returned for any reason, will be returned to you and your account charged for the amount of the Item plus any associated fee as disclosed in Bank's schedule of fees. Bank's right to charge your account will apply without regard to whether the Item is timely returned to us or whether there is any other claim or defense that the Item has been improperly returned to us; and
    11. You will not engage in any activity directly or indirectly related to the use of the Mobile Deposit Service that is illegal or fraudulent.
  3. Compliance

    You shall comply with all laws, rules, and regulations applicable to the Products and the Mobile Deposit Services, including, without limitation, Regulation CC, Regulation J, the Uniform Commercial Code and any rules established by an image exchange network through which Image Exchange Items are processed pursuant to this Addendum.

  4. Bank's Rights and Responsibilities

    For all Imaged Items processed by you pursuant to this Addendum, either (i) digitized images will be converted to Substitute Checks and presented for payment to established Endpoints, or (ii) Image Exchange Items will be presented for payment through image exchange networks. We may in our sole discretion determine the manner of processing. All such processing and presentment shall be done in accordance with timeframes and deadlines set forth in the Documentation and as otherwise established by us from time to time.

    Unless otherwise agreed by you and us, we will process any returned Items in accordance with applicable law and the Deposit Account Agreements.

    Subject to our right to hold funds as otherwise provided under this Addendum and the Deposit Account Agreements, availability of credit from Items processed under this Addendum will be subject to our funds availability schedule, which may be amended without notice.

    We may at our sole option, with or without cause, at any time and from time to time, refuse to process any Imaged Items. We may from time to time establish exposure limitations and assign them to you.

    In addition to any other rights we may have with regard to your deposit accounts and except to the extent expressly prohibited by applicable law, we may hold and use funds in any of your accounts following termination of this Addendum for such time as we reasonably determine that any Item processed by us prior to termination may be returned, charged back or otherwise a cause for any loss, liability, cost, exposure or other action for which we may be responsible. We shall be excused from failing to act or delay in acting, if such failure or delay is caused by legal constraint, interruption of transmission, or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond our control. In the event of any of the foregoing failure or delays, you acknowledge that you may instead deposit directly with us any Original Items for processing and presentment provided such Original Items have not been previously imaged and processed in connection with the Product and Mobile Deposit Services.

  5. Mobile Deposit Processing Times

    The Mobile Deposit Service is available for use except during maintenance periods, or such other hours as established by us from time to time. Transmissions processed after hours on a business day, or on any day that is not a business day, are treated as occurring on the next business day.

    Imaged Items processed for deposit through the Mobile Deposit Service will be deemed to have been received by us for deposit at the time the Imaged Items are actually received and accepted. A deposit of Imaged Items will be deemed to have been received and accepted by us for deposit when all of the following have occurred: (i) we have preliminarily verified that the image quality of the Imaged Items is acceptable to us in our discretion; (ii) all Item information is complete and the deposit totals are balanced to the Item information provided for the deposit; and (iii) we have successfully performed all further validation routines with respect to the deposit. Notwithstanding the foregoing, Imaged Items received by us for deposit may be rejected by us in our sole discretion.

    Items will be processed and ready for presentment by us after we receive all good digitized images and associated data for any given transmission from you. We will use commercially reasonable efforts to present Items for payment to the applicable Endpoint within a reasonable period of time following such receipt.

    If for any reason, or no reason, we choose to not accept an Imaged Item for deposit, you may then submit the Original Check to us for processing or contact the maker to reissue the Check. If you submit the Original Check for processing, we reserve the right to refuse to process the Check for deposit and presentment to the Payor Financial Institution and may instead require you to have the maker reissue the Check.

    It is your responsibility to understand and build into your transmission schedules the appropriate deadlines necessary to meet our availability schedules as set forth in the Deposit Account Agreements or as otherwise established by us. You are further responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.

  6. Your Representations and Warranties

    You make each of the following representations and warranties with respect to each Item processed by you pursuant to this Addendum:

    1. The Imaged Item is a digitized image of the front and back of the Check and accurately represents all of the information on the front and back of the Check as of the time you converted the Check to an Imaged Item;
    2. The Imaged Item contains all endorsements applied by parties that previously handled the Check in any form for forward collection or return;
    3. All encoding, transfer, presentment and other warranties made under applicable law as we are deemed to make under applicable law, including without limitation those applicable under the UCC, Regulation CC, Regulation J, and the rules of any image exchange network; and
    4. There will be no duplicate presentment of a Check in any form, including as a digitized image, as a paper negotiable instrument, or otherwise and you assume responsibility for any such duplicate presentment of any Check.
  7. In addition to any indemnification obligations you have under the Agreement, and except to the extent expressly prohibited by applicable law, you agree that will indemnify and hold harmless Bank, its licensors and providers of the Product and Mobile Deposit Services, and their respective directors, officers, shareholders, employees and agents, against any and all third party suits, proceedings, claims, demands, causes of action, damages, expenses (including reasonable attorneys' fees and other legal expenses), liabilities and other losses that result from or arise out of the wrongful acts or omissions of yours, or any person acting on your behalf, in connection with your use of the Product or Mobile Deposit Services or processing of Items under this Agreement, including without limitation any claim by any recipient of a Substitute Check corresponding to a Check processed by you under this Agreement, that such recipient incurred loss due to the receipt of the Substitute Check instead of the Original Check.

4. Relationship to Third Party Agreements. Back to Top

You agree that, when you use Mobile Banking Services, you remain subject to the terms and condition of your existing agreements with any unaffiliated service providers, including, but not limited your mobile service provider. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Mobile Banking Services (such as data usage or text messaging charges imposed on you by your mobile service provider) for your use of or interaction with the Mobile Banking Services, which may include downloading Software receiving or sending bank-related text messages, or other use of your Wireless Access Device when using the Mobile Banking Services. You agree to be solely responsible for all such fees, limitations and restrictions. You also agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems pertaining to your Wireless Access Device or mobile services with your provider directly.

5. Your Obligations Back to Top

You represent and agree to the following by enrolling for Mobile Banking Services, or by using the Mobile Banking Services:

  1. Account Ownership/Accurate Information

    You represent that you are the legal owner or an authorized user of the accounts and other financial information which may be accessed via the Mobile Banking Services. You represent and agree that all information you provide to us in connection with the Mobile Banking Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are the only authorized user of the Wireless Access Device that you will be using to access the Mobile Banking Services.

  2. User Security

    You agree not to give or make available the Mobile Banking Services log-in, password or other security codes (collectively "Security Codes") to any unauthorized individuals. You are responsible for all bill payments, transfers or other transactions you authorize using the Mobile Banking Services. If you permit other persons to use your Security Codes, you are responsible for any transactions they conduct.

  3. Contact in the Event Of Unauthorized Transfer

    If you believe that any part of your Security Code, Wireless Access Device or other means to access your account has been lost or stolen or that someone may attempt to use the Mobile Banking Services without your consent, or has transferred money without your permission, notify us either through the Online Banking system, by calling your local branch, or writing to our Online Banking Department at 3546 E Sunshine, Springfield, MO 65809, onlinehelp@midmobank.com. Refer to your Agreement for additional details regarding error resolution procedures.

  4. User Conduct

    You agree not to use the Mobile Banking Services or the content or information delivered through the Mobile Banking Services in any way that would: (i) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Mobile Banking Services to impersonate another person or entity; (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or illegal Internet gambling); (iv) be false, misleading or inaccurate; (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vii) potentially be perceived as illegal, offensive or objectionable; (viii) interfere with or disrupt computer networks connected to the Mobile Banking Services; or (ix) use the Mobile Banking Services in such a manner as to gain unauthorized entry or access to the computer systems of others.

  5. No Commercial Use or Re-Sale

    You agree that the Mobile Banking Services are only for your personal use to access your Bank account information and otherwise facilitate services offered through the Mobile Banking Services. You agree not to make any commercial use of Mobile Banking Services or resell, lease, rent or distribute access to the Mobile Banking Services.

6. Limitation of Liability Back to Top

TO THE FULLEST EXTENT ALLOWED BY LAW, IF YOUR USE OF THE ONLINE ACCESS SERVICE IS NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, AND/OR IF YOUR APPLICABLE ACCOUNTS(S) IS (ARE) NOT ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, CUSTOMER AGREES:

  1. THAT BANK SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF THE USE BY CUSTOMER OF ANY SERVICE EVEN IF CUSTOMER, BANK OR BANK'S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. TO THE FULLEST EXTENT ALLOWED BY LAW, BANK'S LIABILITY TO CUSTOMER UNDER THIS AGREEMENT SHALL BE LIMITED TO CORRECTING ERRORS RESULTING FROM BANK'S FAILURE TO EXERCISE ORDINARY CARE OR TO ACT IN GOOD FAITH.
  3. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE OF THE SERVICES SHALL BE AT CUSTOMER'S SOLE RISK AND THAT THE SERVICES ARE PROVIDED BY BANK ON AN "AS IS" BASIS.
  4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO CUSTOMER OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. CUSTOMER AGREES THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO.
  5. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO CUSTOMER AS TO ANY COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER SYSTEMS OR RELATED EQUIPMENT, CUSTOMER'S SOFTWARE, OR CUSTOMER'S INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT CUSTOMER USES, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  6. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF CUSTOMER'S COMPUTER HARDWARE OR SOFTWARE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY COMPUTER SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM CUSTOMER TO BANK OR FROM BANK TO CUSTOMER. BANK SHALL NOT BE RESPONSIBLE FOR THE FAILURE OF THE CUSTOMER TO MONITOR ITS PASSWORD OR FOR A FAILURE WHERE A THIRD PARTY USES MALWARE OR A VIRUS TO COMPROMISE THE CUSTOMER'S SYSTEM OR THROUGH SOCIAL ENGINEERING OR SPEAR PHISHING TO OBTAIN THE CUSTOMER'S SENSITIVE DATA. BANK SHALL NOT BE RESPONSIBLE FOR NOTIFYING CUSTOMER OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF CUSTOMER'S COMPUTER HARDWARE OR SOFTWARE.

7. Contact in Event of Unauthorized Transfer Back to Top

If you believe any part of your Security Code (including your password) has been lost or stolen call: your local branch or write: Mid-Missouri Bank, Online Banking, 3546 E Sunshine, Springfield, MO 65809, onlinehelp@midmobank.com. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

8. Error and Questions Back to Top

In case of errors or questions about your electronic transfers, telephone us at your local branch or write us at: Mid-Missouri Bank, Online Banking, 3546 E Sunshine, Springfield, MO 65809, onlinehelp@midmobank.com, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number (if any).
  • Describe of 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.
  • The dollar amount of the suspected error. If you tell us orally, we require you send us the complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If we decide to do this, we will 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that were used in the investigation.

9. Financial Institution's Liability Back to Top

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • The transfer would go over the credit limit on your overdraft line (if applicable).
  • Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • The computer or related system was not working properly and you knew about the breakdown when you started the transfer.

Your funds are subject to legal process or other encumbrance restricting the transfer.

There may be other exceptions stated in this Agreement and in other agreements with you. For example, you agree that we will not be liable for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components. We will not be liable for delays or losses of payments caused by the U.S. Postal Service or other delivery service.

WE MAKE NO WARRANTY TO YOU REGARDING ANY SERVICE OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

10. Proprietary Rights Back to Top

You acknowledge and agree that the Software and content used by us in the operation of our website and provision of the Mobile Banking Services, and the copyright patent, trademark, trade secret and all other rights in and to the technology, Software, content, designs, graphics, and trademarks included by our website and as part of the Mobile Banking Services and our name and product names and the website's URL (collectively, the "Intellectual Property"), are owned by us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Addendum or otherwise.

You may not use, reproduce, duplicate, copy or distribute the content found at our website or provided by the Mobile Banking Services. You may not distribute, reuse, reproduce, duplicate, copy, publish, sell, or otherwise transfer (i) any portion or element of the Mobile Banking Services or the Intellectual Property or (ii) access to our Mobile Banking Services or Intellectual Property. Further, you may not (a) create derivative works of any portion or element of the Mobile Banking Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in the Mobile Banking Services; (d) modify or erase any copyright or trademark notice we place in connection with the Mobile Banking Services; (e) engage in the practice known as "screen-scraping" or otherwise attempt to, or actually, obtain copies of content provided through the Mobile Banking Services (sometimes known as "scrapers," "spiders," "robots" or "bots") to systematically access and download data; (f) access the Mobile Banking Services by any means other than via your Wireless Access Device; (g) frame any content provided through the Mobile Banking Services or any Intellectual Property; or (h) use any circumvention tools, meta tags or any other "hidden text" utilizing our name, trademark, URL, product name or other Intellectual Property. You agree to comply with the terms of any license agreement made available to you through the Mobile Banking Services.

11. Security of Data Transmission and Storage Back to Top

You expressly acknowledge that any wireless access to your accounts may not be secure and, as such, you assume the risk associated with unauthorized access to the Mobile Banking Services and any information contained therein, resulting from such wireless connectivity. You assume all risk that any information you download or otherwise store on your Wireless Access Device may be accessed by unauthorized third parties. We are not responsible for the security and confidentiality of information when you: (i) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded, or (ii) allow other persons access to your Wireless Access Device. You agree that any account information that you download is done at your own risk and you are solely responsible for any damage that might occur to the electronic device to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage on an electronic device.

YOU AGREE TO TERMINATE THE MOBILE BANKING SERVICE, OR DISABLE YOUR REGISTERED WIRELESS ACCESS DEVICE FROM THE MOBILE BANKING SERVICE IMMEDIATELY IN THE EVENT YOUR REGISTERED DEVICE BECOMES LOST, STOLEN OR IS NO LONGER IN USE BY YOU.

12. Fees Back to Top

Mobile Banking Services are set in accordance with our current fee schedule, as amended by us from time to time. Small Business Free Checking account holders will be subject to a $0.50 per item fee. You authorize us to automatically charge any one of your accounts for all such fees incurred in connection with the Mobile Banking Services. We will provide notice of any new or revised fees for the Mobile Banking Services, as required by law.

13. Account Alerts Back to Top

You may have the ability to set up an account notification ("Alert") feature which is a convenience feature that permits you to request automated notification of specific situations. For example, you may request an Alert when an account has reached a certain balance You are responsible to input accurate information to set up the account notifications. Alerts do not replace standard communications you receive from us concerning your accounts. Receipt of Alerts may be delayed, or prevented by factor(s) affecting your phone service provider(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any Alert. We will not be liable for losses or damages arising from: (i) non-delivery, delayed delivery, wrong delivery of any Alert; (ii) inaccurate content in an Alert; or (iii) your use or reliance on the contents of any Alert for any purposes. We reserve the right to terminate any request from you for any Alert, at any time. The information in any Alert may be subject to certain time lags and/or delays. You will manage the types and timing of your Alerts, and the Alerts may be stopped or suspended by you at any time.

14. MOBILE BANKING SERVICES LIMITATIONS; WARRANTY DISCLAIMER Back to Top

THE MOBILE BANKING SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

The availability, timeliness and proper functioning of the Mobile Banking Services depends on many factors, including your Wireless Access Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, Software and your Wireless Access Device. Neither we nor any of our service providers warrants that the Mobile Banking Service will operate without interruption, without defect or viruses. Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Access Device or mobile network which you utilize to access the Mobile Banking Services. Your use of the Mobile Banking Service and Software will be at your own risk. You agree to exercise caution when utilizing the Mobile Banking Services on your Wireless Access Device and use good judgment and discretion when obtaining or transmitting information.

15. Bank's Limited Liability Back to Top

In addition to any other limitation on Bank's liability provided in this Addendum and the Agreement, and except to the extent otherwise expressly prohibited by applicable law, neither we nor our providers will be liable to you for any of the following: (i) any damages, costs or other consequences caused by or related to our actions that are based on information or instructions that you provide to us; (ii) any unauthorized actions initiated or caused by you or its agents; (iii) the failure of third persons or vendors to perform satisfactorily, other than persons to whom Bank has delegated the performance of specific obligations provided in this Addendum; (iv) any refusal of a Payor Financial Institution to pay an Image Exchange Item or Substitute Check for any reason (other than the breach of contract, gross negligence or willful misconduct by us), including without limitation, that the Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; (v) your or any other party's lack of access to the Internet or inability to transmit or receive data; (vi) failures or errors on the part of Internet service providers, telecommunications providers or any other party's own internal systems, or (vii) if you do not follow or comply with the representations or warranties set forth in this Addendum.

16. Cut-Off Hours Back to Top

Mobile Banking ACH and Wire Services transactions conducted after 2:00 PM Central Standard Time, or on a day that is not a business day, may be processed the next business day. Transfers and Mobile Deposits conducted after 6:00 PM Central Standard Time, or on a day that is not a business day, may be processed the next business day.

17. Changes, Termination and Refusals Back to Top

You may cancel your participation in the Mobile Banking Services at any time either through the Online Banking system, or by calling your local branch. Unless otherwise restricted by law, we reserve the right to: (i) change or cancel the Mobile Banking Services at any time without notice; and (ii) suspend your access to the Mobile Banking Services at any time without notice and for any reason, including, but not limited to your non-use of the Mobile Banking Services. Advance notice of termination or modification will be provided if required by law and such notice may be provided to you electronically. If you initiate any transaction, including accessing your account information, through the Mobile Banking Services after the effective date of a modification, you will be deemed to have effectively consented to the modification.

We reserve the right to refuse to make any transaction you request through the Mobile Banking Services. You agree and understand that the Mobile Banking Services may not be accessible or may have limited utility over some wireless networks, such as while roaming, and may not operate effectively or at all on some wireless devices.

18. Third-Party Beneficiary Back to Top

You agree that our service providers (including any provider of Software) may rely upon your agreements and representations in this Addendum, and such service providers are intended third party beneficiaries to this Addendum, with the power to enforce these provisions against you, as applicable.

19. Links to Other Mobile Banking Services Back to Top

While using the Mobile Banking Services, you may be able to access uploaded content provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such content or any of the information, products or services on such linked websites. You acknowledge and agree that: (i) you access such content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, content on our website and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, content uploaded to our website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and services, you may be exposed to content that is offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. You agree to hold us harmless in connection with all of the foregoing.