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.
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.
Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
Products and Services Offered.
Business Customers may use the Services to:
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.
You may use the Services to:
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
Our representatives are available to assist you during lobby hours, Monday through Friday, except holidays, by calling Mid-Missouri Bank.
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.
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.
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
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.
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.
The effective date of this Agreement shall be the date upon which the Agreement is executed by Customer and accepted by Bank.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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. 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.
Mid-Missouri Online Access Service 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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information.
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.
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.
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