Effective Date December 12, 2018
This Online Banking Agreement is provided by Neighbors Bank, (“Neighbors Bank”, the “Bank”) on behalf of NYMBUS Inc. (“Nymbus”), the program partner responsible for managing Neighbors Bank bank accounts.
“Account” and “Accounts” refer to your accounts at the Bank that you designated, and we approved, for use through Neighbors Bank Online Banking Services. Your accounts at the Bank that may or may not have been designated and approved for use through Neighbors Bank Online Banking Services are referred to as “account(s).”
“Business Days” are Monday through Friday, excluding Bank holidays.
“Cutoff Time” means 4:30 p.m. (Central Standard Time).
“Instructions” means information, including a request or order, provided by you to us, to make Transfers, or perform another type of transaction. You submit Instructions to us when, using Neighbors Bank Online Banking Services you, (i) transmit a request or order to us to Transfer funds, or perform another type of transaction; and (ii) schedule a Transfer or another type of transaction.
“Neighbors Bank Online” or “Neighbors Bank Online Banking Services” refers to certain services, specified from time to time that are accessed via the Bank’s designated Site.
“Scheduled Transfer Date” means the day on which you have instructed the Bank (via an Instruction) to begin to initiate a Transfer. This may not necessarily be the same date that the funds are actually transferred into another of your accounts.
“Site” refers to the internet website designated by the Bank as the website through which you access Neighbors Bank Online Banking Services.
“Transfer” refers to the internal transfer of funds from one of your Accounts held at the Bank to another of your Accounts held at the Bank.
The terms “we,” “us” and “Bank” refer to Neighbors Bank and/or Columbia Bancshares or any affiliate, agent, independent contractor or designee that we may, at our sole discretion, involve in the provision of Neighbors Bank Online Banking Services.
The terms “you” and “your” refer to the user of Neighbors Bank Online Banking, whether singular or plural, who: (1) is an individual or entity that is the owner of an account or a party-in-interest of an account at the Bank or (2) is an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account.
This Neighbors Bank Online Banking Agreement (“Agreement”) contains provisions governing your access to and use of Neighbors Bank Online Banking Services, accessible via a designated internet website, which you may use to access certain aspects of your accounts held at the Bank and conduct certain other banking transactions at the Bank. In addition to this Agreement, you agree to be bound by and comply with such other written requirements that we may furnish to you in connection with Neighbors Bank Online Banking Services and any other services and/or content that may be accessed via Neighbors Bank Online Banking Services, including but not limited to your agreements covering your accounts with the Bank (“Account Agreement(s)”), and with all applicable laws, regulations and rules. In the event of a conflict between the terms of this Agreement and your applicable Account Agreements with the Bank, the terms of your Account Agreement will control, except as may be otherwise stated herein. Please review your Account Agreement, which contains important legal terms and conditions and legally required disclosures about Electronic Funds Transfers and Funds Availability, as well as other important matters.
In order to use Neighbors Bank Online Banking Services you must also agree to Neighbors Bank Electronic Disclosure and Consent Agreement, which provides, among other things, that you consent to receive certain information electronically. Withdrawal of your consent to receive communications electronically, as provided in the Neighbors Bank Electronic Disclosure and Consent Agreement, shall terminate this Agreement and your access to Neighbors Bank Online Services.
When you use or access, or permit any other person(s) or entity to use or access Neighbors Bank Online Services, you agree to the terms and conditions in this Agreement.
We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the site. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Neighbors Bank Online Banking Services. Your use of the Neighbors Bank Online Banking Services after we have made such changes or amendments available constitutes your agreement to the change and to pay any applicable fees.
From time to time, we may revise, add new features to or update the Neighbors Bank Online Banking Services. We reserve the right to terminate your use of prior versions of Neighbors Bank Online Banking Services, and to limit access to more recent revisions and updates. We also reserve the right to suspend your use of Neighbors Bank Online Banking Services after six months of inactivity. If any expanded services are made available to you via Neighbors Bank Online Banking Services, you agree that any additional or modified services are also subject to this Agreement, as it may be amended.
Neighbors Bank Online Banking Services provide you online access to a variety of content, products and services via a designated website. We grant to you, for your personal or internal purposes only, a nonexclusive, limited and revocable right to access and use the Neighbors Bank Online Banking Services. You agree not to use the Neighbors Bank Online Banking Services for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of the Neighbors Bank Online Banking Services without our prior written consent. You agree to use Neighbors Bank Online Banking Services solely as provided in this Agreement. When any Transfer, or any other transaction, generates items to be charged to your Account(s), you agree that we may debit your Account(s) without requiring the signature of an authorized signer for the Account(s). Additionally, if you transmit Instructions to us using Neighbors Bank Online Banking Services, you authorize us to accept, at your discretion, your electronic request as though it was made in writing and signed by you.
To use Neighbors Bank Online Banking Services, you must have at least one eligible Bank account. We reserve the right, in our sole discretion, to determine your eligibility to use any of the Neighbors Bank Online Banking Services. Only those accounts designated by you and approved by us, in our sole discretion, may be accessed through Neighbors Bank Online Banking Services. We reserve the right to restrict use of the Neighbors Bank Online Banking Services for one or more types of accounts or transactions, and to impose other limits or restrictions on use of the Neighbors Bank Online Banking Services. You can only designate accounts for access through Neighbors Bank Online Banking Services for which you are an authorized signatory. You cannot use Neighbors Bank Online Banking Services to make transactions from accounts where more than one signature is required for withdrawal.
Fees and Charges
There is currently no additional fee or charge for use of Neighbors Bank Online Banking Services.
Computer Equipment, Software and Internet Services
You are responsible for obtaining, installing, maintaining and operating all connections, software (including, but not limited to any personal financial management software, if any), hardware or other equipment necessary for you to securely access and use Neighbors Bank Online Banking Services (collectively, “Your Systems”). This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges.
You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of Your Systems used to access Neighbors Bank Online Banking Services, and for the transmission and receipt of information using Your Systems.
You acknowledge that you have requested Neighbors Bank Online Banking Services for your convenience, have made your own independent assessment of the adequacy of the internet and Your Systems, and that you are satisfied with that assessment.
We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for Your Systems. We make no endorsement of any specific software, hardware or Internet service provider, and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
Password & Security
A password and a user ID are needed to use Neighbors Bank Online Banking Services (referred to hereafter as a “Password” and a “User ID”), as well as other information (referred to as “Security Information”) that we may specify from time to time. Your access to Neighbors Bank Online Banking Services will be denied if you do not enter the correct User ID, Password or, if applicable, Security Information.
To prevent unauthorized access to your Account(s) and to prevent unauthorized use of Neighbors Bank Online Banking Services, you agree to: (a) protect and keep confidential your User ID, Password, Security Information and any other information or items needed to access Neighbors Bank Online Banking Services; (b) assume and accept all liability that legally can be imposed on you for each use of your User ID, Password and/or Security Information whether or not such use was authorized by you; and (c) immediately notify us if you have reason to believe your Password, User ID, Security Information, or any other information or items that may allow access to Neighbors Bank Online Banking Services has been lost, stolen or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account(s) has occurred or will occur through Neighbors Bank Online Banking Services.
You must meet certain eligibility requirements to use each of the Neighbors Bank Online Banking Services. The following is a non-exhaustive list of the Neighbors Bank Online Banking Services that are currently available:
Account Access Services
Below are provisions that apply to use of each of these Neighbors Bank Online Banking Services.
Account Access Services
Account information provided to you as part of the Neighbors Bank Online Banking Services Account Access Services, is not the official record of your Account or its activity. Your Account statement(s) furnished to you in electronic format will remain the official record of your Account(s).
Unless otherwise indicated, the balance information displayed through Neighbors Bank Online Banking Services is the current available funds balance for your Account. Transaction history that you obtain through the Neighbors Bank Online Banking Services is current as of the close of business on the preceding Business Day.
Neighbors Bank Online
You may use personal financial management software (“PFMS”), such as Microsoft® Money, Quicken® or Quickbooks®. You agree not to use PFMS to perform transactions in connection with Neighbors Bank Online Banking. PFMS may only be used to download information from your Accounts through Neighbors Bank Online Banking Services. Without limiting any other provisions herein, you agree that we have no liability or obligation related to your use of any PFMS, and your use of PFMS is solely at your own risk. We make no representations whatsoever regarding any PFMS. We do not grant any rights, licenses or permissions to use any PFMS, any such rights, licenses or permissions must be obtained by the respective third party. Use of PFMS to perform transactions and/or connect directly to your accounts is governed by a separate agreement.
You can use the Transfer Services to transmit Instructions to the Bank to Transfer funds between your Accounts that have common owners. Accounts that funds are transferred from, and accounts that funds are transferred to must both be eligible accounts.
Transfers may be “immediate” (requested to occur on the same day Transfer Instructions are initiated) or “scheduled” (to occur on a future date) on a one-time or recurring basis. By initiating an immediate Transfer or by scheduling a Transfer, you are instructing us to withdraw funds from your Account(s) on a requested date and to transfer those funds to another of your Accounts in accordance with your Instructions. Recurring Transfers are those made for the same dollar amount on the same date each month. Recurring Transfers cannot be scheduled more than 365 days in advance, unless the first scheduled Transfer is due within 365 days from the date it was originally scheduled. Transfers can only be made from a demand deposit Account or from a money market Account. By providing the Bank with information pertaining to Transfers, you authorize us to follow the Instructions that we receive from you and to rely on the accuracy of all information that you provide us. It is your responsibility to update the information related to Transfers if there are any changes.
Immediate Transfers are typically processed on the same Business Day the Transfer Instructions are initiated, provided Instructions are sent prior to the Cutoff Time. Scheduled Transfers that are scheduled at least one day in advance of the Scheduled Transfer Date are typically processed on the same Business Day as the Scheduled Transfer Date. However, you understand that due to circumstances beyond our control and/or in accordance with the provisions of this Agreement, Transfers may be processed after the dates provided in this paragraph. We are not liable for any late Transfers except as expressly provided in this Agreement.
Disclosure of Account Information to Third Parties
We may disclose information to third parties about your Account(s) and/or Transfers you make:
Limitations on Transfers
Please refer to your Account Agreement(s) for full details as to the limitations on the amount and frequency of Transfers. For security reasons, we may impose additional limits on the dollar amount of Transfers from your Account(s) from time to time, in our sole discretion, without prior notice to you.
Limitations on the Frequency of Transactions of Savings Accounts
Any Transfer made from any of your money market and savings accounts by using the Neighbors Bank Online Banking Service is a restricted transfer subject to certain limitations. Please refer to your Account Agreement(s) for full details.
Transfers will only be made if there are sufficient available funds in your Account(s) on the date the Bank begins to process the transaction. Therefore, if the dollar amount of your Transfer request is not available on the date the Bank begins to process the transaction, no portion of the transfer will be completed. The amount of each Transfer will be debited from your Account(s) at the time the Transfer is processed. The amount of funds available will be determined in accordance with the applicable Account Agreement(s) governing the Account(s).
We reserve the right to refuse to complete a Transfer for any reason, including instances where there are not sufficient available funds in your Account to cover the transaction or we, in good faith, believe the Transfer may be fraudulent, erroneous, illegal, in violation of this Agreement or suspicious.
In general, when you transmit Instructions to us through the Neighbors Bank Online Banking Services with your User ID and Password and Security Information, as applicable, to make a Transfer, you authorize us to credit and/or charge your Account(s) for the amount detailed in the Instructions. You are liable for all transactions, whether or not authorized by you, initiated through the Neighbors Bank Online Banking Services using your User ID, Password and/or Security Information, to the extent permitted by applicable law.
Unauthorized Transactions for Consumer Deposit Accounts Only
Please refer to your Account Agreement(s) for full details regarding your liability for unauthorized transfers. Please refer to your Account Agreement(s) for full details regarding the procedure to use in the event of suspected errors relating to your Accounts,
You acknowledge and agree that you are personally responsible for your conduct while using and related to the Neighbors Bank Online Banking Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to the following: (i) your use of the Neighbors Bank Online Banking Services; (ii) the use of the Neighbors Bank Online Banking Services by anyone using your User ID, Password or Security Information; (iii) your violation of this Agreement or any applicable law or regulation; or (iv) your violation of or infringement on rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.
Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you transmitted, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than through Neighbors Bank Online Banking Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Our Liability for Making Transfers
We have no obligation to make Transfers, and shall incur no liability or obligation for late charges or penalties, except as provided herein or required by applicable law, if we are unable to complete any Transfers that you initiate using Neighbors Bank Online Banking Services due to circumstances, including but not limited to the following:
The above list of examples is meant to illustrate the circumstances under which we would not be liable for failing to make a Transfer and is not intended to list all of the circumstances where we would not be liable.
Provided none of the circumstances stated above are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed to the incorrect receiving account, and such action was solely a direct result of a bona fide error on our part, we shall be responsible for returning the improperly transferred funds to your Account(s).
Notwithstanding anything in this Agreement to the contrary, we make no guarantee or representation that Neighbors Bank Online Banking Services will be uninterrupted or error-free. Our sole obligation to you, arising out of non-availability, interruption or delay in providing the Neighbors Bank Online Banking Services, shall be to use commercially reasonable efforts to resume the Neighbors Bank Online Banking Services.
The provisions in this “Our Liability for Making Transfers” section shall survive termination of this Agreement.
THE PROVISIONS CONTAINED IN THE PRECEDING PARAGRAPHS UNDER THE HEADING “OUR LIABILITY” CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS OR SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF OR RELATED TO THE NEIGHBORS BANK ONLINE BANKING SERVICES OR ANY SYSTEMS, SOFTWARE AND/OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY INSTALLATION, MAINTENANCE, CONFIGURATION OR COMPATIBILITY ISSUES RELATED THERETO; MECHANICAL OR ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE INTERNET AND COMMUNICATION LINES; ACCESS TO AND USE OF THE NEIGHBORS BANK ONLINE BANKING SERVICES; YOUR SYSTEMS; AND FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH COMMUNICATIONS NETWORKS. THE BANK IS NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY SYSTEM, EQUIPMENT AND/OR SOFTWARE DUE TO ANY MALICIOUS CODE, VIRUSES, DEFECTS OR MALFUNCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF INFORMATION. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
The provisions in the “Entire Liability” section shall survive termination of this Agreement.
Exclusion of Warranties
THE NEIGHBORS BANK ONLINE BANKING SERVICES AND ALL RELATED DOCUMENTATION, SERVICES AND INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE NEIGHBORS BANK ONLINE BANKING SERVICES, RELATED DOCUMENTATION AND ALL INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE NEIGHBORS BANK ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
The provisions of this “Exclusion of Warranties” section shall survive termination of this Agreement
Notices and E-mail
You agree that you will not send any confidential information to us via e-mail. You agree that by using Neighbors Bank Online Banking Services, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or Neighbors Bank Online Banking may be sent to you electronically in accordance with Columbia Bancshares and Neighbors Bank Online Banking Disclosure and Consent Agreement, which you must agree to in order to use Neighbors Bank Online Banking Services.
You agree to notify us promptly, in writing, of any change of address at:
P.O. Box 279
Powell, OH 43065
This Agreement shall remain in effect until you or we terminate it. We may terminate or suspend this Agreement for any reason at any time without prior notice. You agree that we may, from time to time and at our sole discretion, limit, suspend, discontinue or change the Neighbors Bank Online Banking Services, in whole or in part. You will be notified of any such changes if we are legally required to do so. The termination of this Agreement shall not terminate your Account relationship or other agreements you have with us, unless those agreements are terminated separately. You may terminate this Agreement at any time by following the procedure detailed below.
By terminating this Agreement your ability to use Neighbors Bank Online Banking Services will be discontinued. If you wish to terminate this Agreement, you must send us a signed written request by United States mail to:
P.O. Box 279
Powell, OH 43065
We will act on your request to terminate this Agreement and discontinue your access to Neighbors Bank Online Banking Services within a reasonable time after receiving such request. If you terminate this Agreement, it is your sole obligation to cancel all outstanding scheduled Transfers. If you do not cancel your outstanding Transfers, we may continue to make these Transfers until we process your termination request and discontinuation request.
Once we have terminated this Agreement pursuant to your request, we will make no further Transfers from your Accounts through the Neighbors Bank Online Banking Services, including any Transfers you previously scheduled and/or authorized.
The liability and obligations incurred prior to any termination, suspension or discontinuation date shall survive the termination of this Agreement for all purposes.
We may enforce any of our rights under the Agreement even if we choose not to exercise any right in a particular circumstance.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
All representations regarding liability and warranties, including, but not limited to, the “Your Liability,” and “Our Liability” and other sections as specifically stated herein, shall survive termination of the Agreement.
You may not assign this Agreement to any other party. We may assign or delegate certain parts of our rights and responsibilities under this Agreement to affiliated entities, independent contractors or other third parties. If more than one person is authorized to use Neighbors Bank Online Banking Services, he or she is bound jointly and severally under this Agreement, and we may act on the Instructions of any authorized user.
Choice of Law
This Agreement and its enforcement shall be governed by the laws of the State of Missouri, without regard to any choice of law provision. Your Accounts with us are also governed by the terms and conditions contained in your Account Agreement and any other applicable agreements with us.
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