Community Resource Bank online access agreement and disclosures.
This Online Access Agreement (the “Agreement”) contains the terms that govern your use of Community Resource Bank’s website, with a homepage located at crb.bank (the “Website”), including your accessing of any online services including banking and other financial services (collectively, the “Online Services”).
In this Agreement, the terms “we”, “us” “our” and “Bank” refer to Community Resource Bank. “You” or “your” mean those who sign this Agreement as applicants or any authorized user(s)
1. Other Agreements. The terms and conditions in this Agreement are in addition to any deposit account agreements you have with us, including signature cards, account terms and conditions, schedules, resolutions of authority, disclosures, and change of terms notices (the “Deposit Agreements”). The terms and conditions in this Agreement are also in addition to any loan or credit agreements you have with us, including documents containing terms and conditions, schedules, and disclosures (the “Loan Agreements”). Further, the terms and conditions in this Agreement are in addition to the Separate ACH agreements, wire transfer agreements, disclaimers, and terms and conditions posted on our Website, as may be amended from time to time, any board resolutions (“Additional Agreements”) and applicable laws and regulations.
2. Electronic Fund Transfer Act. Some of the transactions covered by this Agreement may be governed by the Electronic Fund Transfer Act (the “EFTA”), and some of the terms and conditions of this Agreement are disclosures required by the EFTA. Commercial accounts (defined as accounts that are not established primarily for personal, family or household purposes) are not covered by the EFTA and therefore certain provisions will not be applied to commercial accounts.
3. Joint Accounts. Each holder of a joint account, acting alone, may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify any other joint accountholder or you, about the action of the other. However, each of you will only be permitted to access accounts for which you are an owner, joint owner or authorized user.
Joint accountholders are jointly and severally liable under this Agreement. Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use our Online Services. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.
4. Computer Requirements. This Agreement between you and the Bank governs your use of the Online Services through the use of a personal computer. Access will be provided through the Worldwide Web of the Internet. You are solely responsible for the set up, installation, operation, and maintenance of the equipment you use to access the Online Services and for providing your own access to the Internet through the Internet Service Provider of your choice. Your browser must support at least 128-bit encryption. We are not responsible for the cost of upgrading your equipment to stay current with the Online Services. We are not responsible for any errors or failures from any malfunction of your computer and we are not responsible for any computer virus or related problems that may be associated with the use of your computer.
5. Availability of Website. There may be certain times when the Website is unavailable due to system maintenance or circumstances beyond our control. You can access your account(s) by telephone, through an Automated Teller Machine, or at a Bank office during the hours that these services are offered. We are not liable for any damage that you may suffer arising out of or related to the use or inability to use the Website and Online Services.
6. Access/Use of the Online Services. To use the Online Services, you must have at least one deposit or loan account at the Bank and access to Internet Service with the proper hardware and software in place. You may gain access to the following types of deposit and loan accounts using the Online Services:
- Checking accounts
- Savings accounts
- Money market savings accounts
- Certificates of deposit
- Loan Accounts
- ATM/Debit Cards
In general, you will only be permitted to access accounts for which you are an owner, joint owner or authorized user. We may modify, suspend, or terminate access to Online Services for any reason without notice or refund of fees you have paid.
For Commercial accounts, once we have received your signed enrollment form, and verified your account information, we will provide you confirmation of our acceptance of your enrollment, along with an User Name and temporary password via separate emails. We will additionally require execution of resolutions of authority and related documentation.
For consumer accounts, access to your account will be linked by means of the Portfolio Code/Name Line Code of the person who is authorized to access the account(s). In addition, after we provide initial account access as requested by you, you are solely responsible for maintaining, terminating, and granting account access. We undertake no obligation to monitor transactions through the Website which use valid User Names and passwords to determine that they are made on behalf of the authorized individual. You will be required to change your password the first time you access the Online Services. Your password must be a combination of at least eight (8) alpha numeric and special characters.
The Bank will not be liable for any damage that you may suffer arising out of the use of, or inability to use, the services or products provided hereunder. The Bank will not be liable for unauthorized access to the Bank’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of the Bank.
In no event will the Bank be liable for any other damages, including but not limited to, loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of the ONLINE Services or the Internet. Access to the services and the Internet cannot be guaranteed. You may be unable to access any Internet Service Provider or the Internet at any given time, and disconnecting may occur from time to time.
7. Description of Online Services. You may subscribe for some or all of the following Online Services:
7.1 Basic Online Services. If you subscribe to this service, you may:
- Perform account inquiries on checking, savings, certificates of deposit and loan accounts.
- Obtain statement transaction detail on your checking and savings accounts.
- Sort and search information by account, date, amount, check number and transaction type (this service is only available to commercial customers)
- Transfer funds between your deposit accounts, make loan payments, advance on your line of credit.
- Download account information to a check reconciliation software, such as Quicken, Quickbooks or Microsoft Money.
- Obtain product information.
- View check images.
- Send electronic messages (E-Mail) to a Representative at the Bank.
7.2 Cash Management Services. Commercial customers may also apply to use Online Services for the following:
- Perform ACH originations; and
- Initiate wire transfers.
- Issue stop payment requests.
7.3 The features of the Online Services described in paragraphs 7.1 and 7.2 above are limited by and subject to the following terms and conditions:
- Your ability to transfer funds between certain accounts is limited by federal law, as stated in the Deposit Agreements. For example, you can make no more than six (6) transfers from a savings or money market savings account during each month and, in the case of a money market savings account, no more than six (6) of such transfers may be made by check. Fund transfers and bill payments made using both Online Services and the other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers.
- Transfers initiated through Online Services before 6:00 p.m. (Central Standard Time) on a business day are posted to your account the same day except for ACH and wire transfers that have a cut-off time of 1:00 p.m. Transfers completed after 6:00 p.m. (Central Standard Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. You agree to communicate with any other persons with authorized access to accounts concerning any transfers or bill payments from the accounts in order to avoid overdrafts.
- Each transfer made from a demand deposit account that triggers a line of credit is treated as a cash advance from that account and is subject to terms of the Loan Agreements.
- We reserve the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.
- ACH Transfers. You acknowledge that the ACH feature of Online Services is an alternate entry system for issuing fund transfer requests to the Automated Clearing House network. A separate ACH Agreement between you and the Bank is required. This ACH Agreement shall govern the acceptance and liability for all ACH Transfer requests.
- Wire Transfers. You acknowledge that the Wire Transfer feature of Online Services is an alternate entry system for issuing wire transfer orders between you and the Bank. A separate Wire Transfer Agreement between you and the Bank is required. The Wire Transfer Agreement shall govern the acceptance and liability for all Wire Transfer requests.
- Transactional information for your accounts is only available for a period of no more than 24 months prior to the date of inquiry.
- The Bank will not immediately receive correspondence sent by you through e-mail. Therefore, you should not rely on E-Mail if you need to communicate with the Bank immediately. For example, if you need to report an unauthorized transaction, you must contact the Bank immediately. We will not take actions based on e-mail requests until we actually receive the message and have a reasonable opportunity to act.
- Where you have access to funds transfer features of the Online Services, which include Wire Transfer and ACH Transfer, we may consider funds transfer requests received from you as having been authorized by you, and the Bank shall be held harmless from executing any such funds transfer request.
7.4 Alerts. Your enrollment in Community Resource Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Community Resource Bank account(s). Alerts are provided within the following categories:
- Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
- Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
- Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Community Resource Bank Online Banking and Alert menu within Community Resource Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Community Resource Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your
Community Resource Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Community Resource Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 507-645-4441. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile, U.S. Cellular, Verizon Wireless, MetroPCS. Limitations. Community Resource Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Community Resource Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Community Resource Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
8. Stop-Payment Requests. If you have signed up for our Bill Payment Service, once the Bill Pay payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop an Online Services bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Pay screen.
You acknowledge that the stop payment feature of the Online Services is an alternate entry system for issuing stop payment orders between you and the Bank. When using Online Services to stop payments, you should follow the onscreen instructions. Prior to requesting a stop payment, you must first verify that the item has not already been posted to your account. If a stopped item has already been paid prior to our entry of the request, then we shall not be liable for any loss incurred by you arising from the event.
You may initiate stop payment requests online via Online Services only for paper checks you have written (non-electronically) on your Bank accounts (not Bill Pay paper drafts).Online stop-payment requests received before 6:00 p.m. Central Standard Time are typically processed on the same business day they are received. Stop payment requests received after 6:00 p.m. Central Standard Time are typically processed on the next business day. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.
If you make stop-payment requests online or by telephone, we may also require you to provide us with a written, paper request within fourteen (14) days. If you elect to cancel or stop payment using Online Services, such requests will not be effective until we acknowledge receipt. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. In the event you want to stop a Bill Pay paper draft, stop payment charges incurred by the third party check processor will be assessed.
You agree to hold the Bank harmless for said amount as well as for all expenses and costs incurred by the Bank through refusing payment of above check. You hereby confirm that all information and amounts furnished above are correct. If a check is paid due to incorrect information, you hereby free the Bank of any liability.
9. Account Balance Information. Balances may include deposits subject to verification by us. Balances may differ from your records due to deposits in process, outstanding checks or other withdrawals, payments or charges. We have the right to cancel transactions if sufficient funds are not available in your account. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
10. Business Days/Hours of Operation. Online Services is generally available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods or due to an emergency. However, we only process transactions and update information on business days. Our business days are Monday through Friday, except Bank holidays. Any transaction, request or instruction made on a day that is not a business day will be delayed until the next business day.
11. No Signature Required. When using Online Services to make transfers from credit accounts, you agree that we may take any action required to obtain cash advances on your behalf, including charging a linked credit account at the Bank or at an affiliate, without your signature.
12. Statements. You will not receive a separate Online Services statement. We will mail or deliver to you periodic statements for your accounts with the regularity provided for in the Deposit and Loan Agreements. In addition to reflecting your other account activity, the statements will include any transactions authorized using Online Services.
13. Authorized User Access. You may request that another person (the “Authorized User”) have access to accounts owned by you using the Online Services. As set forth in paragraph 6, you are responsible for granting, terminating, and maintaining account access after we provide the initial account access as requested by you. “Access” means the Authorized User may use Online Services to conduct transactions (including transferring funds or making payments) or obtain information on accounts owned by you. If you request an Authorized User for the Online Services, you authorize the Authorized User to use Online Services to access all current and future checking, savings, line of credit, and certificate of deposit account(s) on which you are an individual or joint owner at the Bank or any of its affiliates. You understand and agree that you are responsible for all transactions or actions of the Authorized User on your accounts, including charges and fees, and that all transactions are deemed authorized under the EFTA.
14. User Name and Password. The User Name and password are issued to you for security purposes. You will be required to set up your password upon your initial log-in to Online Services, and we recommend you change it annually thereafter. Upon three unsuccessful attempts to use your password, your access to the Online Services will be revoked. You must contact us to have your password reset or to obtain a new temporary password. You agree to keep your User Name and password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Services. You are responsible for any transactions, including charges or fees, made by another person if you provide your User Name or password to another person, even if that person is not an accountholder, and that such transactions will be deemed to be “authorized transactions” under the EFTA.
For security purposes, your password must be a minimum of eight (8) characters in length and a combination of alpha, numeric and special characters. Your passwords should not be associated with any commonly known personal identification, such as social security numbers, addresses, dates of birth, or names of children. For security purposes, you should memorize passwords and not write them down. If you forget a password, you must contact us to have a new temporary password issued. It may take several days before you receive this temporary password.
15. Security. Your role in preventing misuse of your accounts through the Online Services is extremely important. You agree to promptly review your periodic statement as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your User Name and password are intended to provide security against unauthorized entry and access to your accounts. Do not leave your computer unattended while you are connected to the Online Services. Data transferred through the Online Services is encrypted in an effort to provide transmission security. The Online Services utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. By combining the latest technology with authenticated access to the server, the Bank makes your Online Services sessions secure. You must acknowledge, however, that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Online Services, or E-Mail transmitted to and from us, will not be monitored or read by others.
16. Bank’s Responsibilities. We are responsible for completing transactions on time according to your properly entered and transmitted instructions. However, we will not be liable:
- If, through no fault of ours, you do not have sufficient funds in your account.
- If the funds in your account are subject to a dispute, legal process or other encumbrance, restricting such transaction.
- If your account has been closed.
- If the transaction would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts, or if the transaction exceeds the balance in your savings account that has been linked to your checking account for overdraft protection.
- If withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process.
- If you have not properly followed software or Online Services instructions on how to do a transaction.
- If you have not given us complete, correct, and current instructions so that we can complete a transaction or a bill payment.
- If you have not properly followed software or Online Services instructions on how to make a transfer or bill payment.
- If the terminal or system was not working properly and you knew about the problem when you started the transaction.
- If your negligence by sharing or handling of Access IDs or passwords results in unauthorized account transactions.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transaction, despite reasonable precautions that we have taken.
There may be other exceptions to our liability as stated in the Deposit Agreements and Loan Agreements.
17. Notice of Your Rights and Liabilities. Use of the Online Services requires a PASSWORD. You agree to keep your PASSWORD secret and to notify us immediately if your PASSWORD is lost or stolen or if you believe someone else has discovered your PASSWORD. We may accept as authentic, any instructions given to us through the use of your PASSWORD. Therefore, you agree that if you give your PASSWORD or allow it to be given to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Online Services. The Online Services enables you to change your PASSWORD and we recommend that you do so once a year.
Tell us AT ONCE if you believe your password has been lost or stolen, used without your authorization, or compromised in any way or if someone has transferred or may transfer money from your accounts without your permission. Telephoning us at 800-250-8420 during normal business hours is the best way of preventing possible losses.
You could lose all the money in your account (plus your maximum overdraft line of credit, if any). If you tell us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone uses your password without your permission. If you do not tell us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 period. The limitations on your liability described in this section do not apply to commercial accounts.
18. Data Recording. When you contact Online Services to conduct transactions, the information and E-Mail messages you enter may be recorded. By using Online Services, you consent to such recording.
19. In Case of Errors or Questions. If you think your statement is wrong, or if you need more information about a transaction listed on the statement,
Telephone us at:
write to us at:
Community Resource Bank
1605 Heritage Drive
Northfield, MN 55057
20. Additional Error Resolution Procedures for Non-Commercial Accounts. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not credit your account. 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. The provisions of this section do not apply to commercial accounts.
21. Online Communication. Electronic mail, or e-mail, is available through the Contact us page on our Website. E-mail through our Website is not covered by Secure Socket Layers (SSL’s), therefore, this page should be used for general questions or comments only. The information included on this page should not reveal financial information or confidential personal information, such as, but not limited to, account numbers or social security numbers.
In addition, when using the Website or sending e-mail, information will be sent over the Internet, including communication lines and computers that the Bank does not control. As a result, we assume no liability for or relating to the delay, failure, interruption or corruption of any information sent as a part of your use of the Website.
22. External Links. We may offer various links to external websites. These links are to external websites that contain information created, published and maintained by sources independent of the Bank. We have no control over these websites and therefore do not guarantee the accuracy or completeness of the information gathered from these sources and is not liable for their content. Any use of information obtained from these external links is strictly voluntary.
23. NO WARRANTIES OR REPRESENTATIONS. THE BANK MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU OR ANY OTHER PERSON, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY OR SUITABILITY, TO YOU OR ANY OTHER PERSON, OF ANY OF THE SERVICES PROVIDED BY THE BANK UNDER THIS AGREEMENT OR ANY COMPUTER SOFTWARE PRODUCTS OR PROGRAMS PROVIDED BY THE BANK UNDER THIS AGREEMENT INCLUDING YOUR USE OF THE WEBSITE.
24. LIABILITY. YOU AGREE THAT NEITHER THE BANK NOR ANY PERSON OR COMPANY ASSOCIATED WITH US SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR RECEIVE THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY , CONTRACT, TORT AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SUPPLIERS TO US. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY / WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF OUR WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25. Indemnification. You agree to indemnify and hold us, our directors, officers, employees, agents and suppliers harmless from all loss, liability, claims, demands, judgments and expenses (including reasonable legal fees) arising out of or in any way connected with your account or the performance of Online Services, unless such claim is solely the direct result of our wrongful act or omission.
26. Use of Materials on Our Website. The materials on our Website belong to the Bank. There are some important rules about copying these materials. You may download or print one copy of the materials on our Website, but only for your personal, noncommercial use. When you download or print a copy of the materials on our Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. The materials on our Website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by this Agreement, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors of the materials contained on our Website. All rights not expressly granted are reserved.
27. Third-Party Software – Virus Protection. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of a third party software that may be used in conjunction with the Online Services. The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
28. Termination. Unless otherwise required by applicable law, we may terminate this Agreement and/or your access to the Website or any Online Services, in whole or in part, at any time. We may reinstate your access to the Website, in whole or in part, at our discretion, at any time. If reinstated, the then current terms of this Agreement will prevail. You may request reinstatement of access to the Website and Online Services by calling 800-250-8420 during regular business hours. If you wish to cancel any of your Online Services under this Agreement, either send us written cancellation instructions to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057 or call our bookkeeping department at 800-250-8420.
If you terminate Online Services, you authorize the Bank to continue transactions you have previously authorized and continue to charge monthly fees until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transactions, including transactions you previously authorized. If we terminate your use of Online Services, we reserve the right to make no further transactions, including any transactions you have previously authorized. If Online Services is terminated by either party, we are not liable for any losses related to payments not made as a result of termination, for example, re-occurring payments that are not made.
Termination of Direct Connect and Bill Pay Services: If you wish to cancel the Direct Connect or Bill Pay service, you must notify the Bank directly in order to discontinue the automatic fee.
29. Changes in Agreement. We may amend this Agreement at any time. We may also change the Online Services, including fees, at any time. If we change any term(s) or condition(s) that would result in a greater cost or liability to you or decrease access to your accounts, we will notify you at least thirty (30) days in advance. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you on the account records, sent to the e-mail address which you authorized to receive such notices and/or disclosures or by posting the required notice on our Website. You understand that by using the Online Services after you have been notified of the change, and after the change becomes effective, you are agreeing to the change.
We do not need to provide you with any prior notice where an immediate change in the terms or conditions of the Agreement is necessary to maintain or restore the security of our system or an account. However, in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you if practicable, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.
You agree that changes to fees applicable to specific accounts are governed by the applicable Deposit Agreements, Loan Agreements, and Additional Agreements.
31. Fees. There is no monthly fee for accessing your account(s) through the Bank’s Website. Fees separately disclosed to you in connection with an account or Online Services (such as Bill Pay, Direct Connect or any Business Online Cash Management Services), apply when using that service. Other fees may be assessed and billed separately by your online service provider.
32. Miscellaneous Terms and Conditions.
32.1 Severability. If any section, provision or condition of this Agreement is deemed invalid or unenforceable, the provision deemed invalid of unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, this Agreement will be read as if that provision were never a part of it, and the remainder of the Agreement will be valid and enforceable.
32.2 No Waiver. Any waiver, expressed or implied, by the Bank of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.
32.3 Additional Information. You agree to execute any additional documents and to provide any necessary information that the Bank reasonably requests.
32.4 Force Majeure. The Bank will not be deemed to have breached this Agreement if it fails to perform because of a cause beyond its reasonable direct control. Examples of causes beyond our reasonable direct control include, without limitation, any failure or interruption of any electronic communication system between you and the Bank, equipment or software failure or malfunction, electrical, computer or mechanical failure or malfunctions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, riot, theft, earthquake, natural disaster, default or common carriers or third party vendors and suspension in payments by another financial institution.
32.5 Successors and Assigns. This Agreement is binding upon, and is for the benefit of, the Bank and you and both parties’ respective successors and assigns. The Bank may, at any time, assign this Agreement to any affiliate, subsidiary or parent company or any entity who acquires substantially all of the business of the Bank. Otherwise, the Bank and you may not assign this Agreement to any other person without the express written agreement of the other party.
32.6 Applicable Rules, Laws and Regulations. This Agreement shall be governed by the laws and regulations of the State of Minnesota (without reference to its choice of law principles) and applicable Federal laws and regulations. In addition, you agree to be bound by and will comply with the terms of this Agreement, requirements of your account(s), the rules and regulations of any funds transfer or wire system to which the Bank belongs, and all applicable laws and regulations. Any dispute between the Bank and you must be brought to the relevant court in Rice County, Minnesota.
32.7 Headings. The headings in this Agreement are for reference only and will not govern the interpretation of its provisions.
32.8 Survival. The obligations of the parties and the provisions of this Agreement which, by their nature, would continue beyond termination or expiration of this Agreement shall survive such termination or expiration.
32.9 Complete Agreement. This Agreement, and the other agreements referenced herein, as well as any amendments hereto, constitutes the complete understanding between the parties on the subject matter herein.
33. ESIGN Customer Consent Disclosures. This section addresses the circumstances under which you agree to receive communications from the Bank electronically. Unless otherwise required by applicable law, in the event that we are required to provide a notice, disclosure, or other communication to you in writing (“Disclosures”), including the Disclosures set forth in this Agreement, you agree that any Disclosures provided pursuant to the terms of this Agreement, and any future Disclosures required by law, including electronic fund transfer disclosures, may be made electronically to the Internet or email address that we have for you in our then current records or made available for your review on the Website.
You may obtain a paper copy of this Agreement and any future Disclosures at any time and at no cost to you by either printing them from the Website or by submitting your written request for a paper copy of this Agreement or each Disclosure individually to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057.
Your consent to receive Disclosures electronically applies to all present and future Disclosures relating to or arising from your use of the Online Services, including those required by law. If you consent and change your mind later, you may withdraw your consent to have Disclosures provided or made available in electronic form at any time by sending written cancellation instructions to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057 or by calling our customer service department at 800-250-8420. However, withdrawing such consent will likely result in delays because we may not accept and process your transactions through the Online Services, and may restrict access to the Online Services, until we deliver Disclosures to you on paper.
You may update your contact information at any time through the Online Services by updating your User Profile; by sending written notice to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057; or by calling our customer service department at 800-250-8420. You must have computer hardware and software capable of accessing the Website through the Internet, as described further in Section 4 above, for access to and retention of any electronic Disclosures.
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