Effective Date: October 16, 2015
Henry State Bank – Online Banking Agreement
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.
1. Scope of this Agreement
This agreement is between you and Henry State Bank and governs your use of our Online Banking and Bill Payment services (the “Service”). The Service permits our customers to utilize a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement
After you have read this Agreement carefully and in its entirety, along with the Privacy Notice, you will be asked to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement.
You should save and/or print a copy of this Agreement for your records. To print, select the print button or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact or Online Banking Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described.
When you click on the “Accept” button, you agree to the terms and conditions of this Agreement. By accepting, you also certify that you are able and willing to accept the electronic version of this document. If you do not agree to the terms of this agreement and/or do not accept the electronic version of this document, select the cancel button.
3. Online Banking Definitions (additional definitions provided in the Terms and Conditions of the Bill Payment section contained without this document)
Agreement – means these terms and conditions of the Online Banking and Bill Payment services.
Authorized User – any individual or agent whom you allow to use the Service or your password or other means to access your Eligible Account(s) – when approved by Henry State Bank.
Bill Payment Service Provider – refers to the contractor, sub-contractor or provider of our Bill Payment and Delivery services, CheckFree Services Corporation.
Biller – is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account – is the checking account from which all service fees will be automatically debited.
Business Day – every Monday through Friday, EXCLUDING Federal Reserve Holidays.
Business Customer – refers to anyone, other than a consumer, who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff – refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Central Time Zone
Consumer – refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
Due Date – is the date reflected on your Biller statement for which the Bill Payments is due. It is not the late date or grace period.
Eligible Accounts – An eligible account means any one your account(s) to which we may allow access through the Service under this Agreement.
You may request Online Banking access to any account that you are listed as an Owner/Signer and must have the required view, or withdrawal authority over the relevant eligible account.
You agree to maintain one or more Eligible Accounts with us and keep sufficient balances in the account(s) to cover any transactions and fees that are approved by or related to the Service.
Joint Accounts – If the Eligible Account(s) added to the Service are jointly held, you agree that access to the information and all transactions initiated by the use of your Access ID and Password are authorized unless we may have been notified to cancel the Services. Individual Access ID’s should be used for each owner. If your account(s) require two signatures for withdrawal, we will only grant view privileges to your Eligible Account(s) through the service if we grant access at all.
You and Your – Used within this agreement “you” and “your” refer to the person enrolling the Service, owner of the Eligible Account(s), as well as any Authorized Users that such person allows – subject to the parameters of multiple user access as set forth within the service.
We, Us or Our – Used within this agreement, refer to Henry State Bank and any agent, contractor, sub-contractor, service provider, or assignee that Henry State Bank may involve in the provision of the Service.
4. Online Banking Services
Basic features available through the Service include:
- Inquiries for balances, rates, etc., on Eligible Accounts
- Transfers between Eligible Accounts at this institution
- Secure emails and chats via the Service’s messaging system
- View loan balances and make loan payments
- Transactions download into:
- Comma Separated File (.CSV)
- Microsoft Money (.OFX)
- Intuit QuickBooks (.IIF)
- Intuit Quicken (.QIF)
Bill payment services are optional. A detailed Terms and Conditions for Bill Payment Services is provided when you sign up for this optional service.
Henry State Bank also offers an optional service via a Mobile Banking App that is available for download as well. Detailed Terms and Conditions pertaining to this are provided upon accessing this App.
We may add or remove certain features and/or functionality available from time to time. You can use the service seven days a week, 24 hours a day – although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. Additionally, access to the service may be slower at times due to high Internet traffic or other factors beyond our control.
- Basic Online Banking Service: View balances and account transfers) – No charge
- Standard Bill Payment: – No charge
- eStatements: – No charge
- Stop Payments: – $29.00 each
- Expedited payment processing (same day or next business day) via Bill Payment: $10.00 or $15.00 depending on processing time, if available. The amount will be shown to you prior to completing your transaction if either option is available to you.
- PopMoney Fees per transaction occurrence:
- Send money (3 day): $1.00
- Send money (next day): $2.00
- Request Money (3 day): $1.00
- Enroll per New End User: $1.00
- Stop Payment: $29.00
- E-greeting: $0.25
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated billing account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. (Please see the Truth in Savings Disclosure provided to you for a full list of accounts and fees).
You will remain responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet Service Provider.
6. Enrollment Requirements
- You must have an eligible account with Henry State Bank.
- You must be the legal owner of any payment account registered for the services provided.
- Your account must be in good standing.
- You must have a computer and Internet browser that will support 128 bit encryption.
- You will need Internet access through an Internet Service Provider (ISP).
- You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
- You will also need an external email address for the delivery of electronic notices and disclosures.
You should verify that you have the required hardware and software necessary to access this service and to retain a copy of this Agreement PRIOR to enrolling and accepting the electronic version of this agreement.
We will give you advance notice of material changes that may impact your ability to access the service. This will provide you the opportunity to cancel the service and/or change your method of receiving electronic disclosures (i.e. change to paper format vs electronic format for statements) without the imposition of any fees.
7. Enrollment Process
You can enroll for the service on the Internet. You must complete the enrollment process to use the offered services.
The Online Banking enrollment involves completing a secure online application that is used to verify your identity. You will also choose your Access ID, Password and Security Questions during the enrollment process.
When you enroll in this service, you agree to provide true and accurate enrollment information.
When you first enroll for the Online Banking Service, we will link all of your designated eligible accounts to one Access ID. If you have questions about the accounts linked, please contact us at 309-364-2302 or through the secure email/chat service.
8. Signature Requirements
You agree that we may debit the designated eligible account without requiring your signature on the item and without any notice to you when any transfer, ACH or other payment instruction is initiated through the service for your benefit.
Accounts requiring dual signatures will not be set up with monetary privileges through the service.
9. Account Balances
Balances shown in your accounts may include deposits subject to our verification. The balance reflected may differ from your records due to in progress transactions (i.e. pending deposits, outstanding checks or other withdrawals, payments or charges). A transfer request may not result in immediate availability due to the time required to process the request. A transfer request must be made before the business day cut-off time to be effective on the same business day.
The balances within the service are updated on a periodic basis and will display the most current as of date on the account summary. There may be situations that cause a delay in an update of your balances within the service. We will use the most current balance available at the time of a transaction to base our approval for account transfers.
10. Changing or Canceling Transfers
You cannot cancel a transfer after it has been entered in to the system and the information has been processed and/or transmitted to us through the service; however you can edit or change a transfer that is still pending.
In order to cancel or change a pending transfer that has not been submitted for processing, you can update the information within your transfer list. However, an Express Transfer will happen immediately without editing capabilities.
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the service. http://henrystatebank.com/privacy-policy/
12. Disclosure of Account Information to Third Parties
It is our policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To consulting firms, in an aggregate non-personally identifiable format, for research and product improvement purposes only;
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission.
Please refer to our privacy notice for additional details on disclosures of account information. http://henrystatebank.com/privacy-policy/
13. Internet Security
This Online Banking service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet.
Access IDs and Passwords – one of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Password. During the enrollment process, you will be asked to select a unique Access ID, and then choose a password that is used to gain access to the Service. You determine your own password which is encrypted in our database. Neither Henry State Bank nor our service providers have access to this information. The Service will lock your account for ten (10) minutes when you have unsuccessfully entered your password three (3) times. If you attempt to gain access again after ten (10) and are unsuccessful three (3) times, your account will be automatically deactivated. You may reset your password by contacting Henry State Bank.
Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data.
- You should carefully select a password that is hard to guess.
- You should not use words based on your name, address or other personal information.
- Special characters may be used to increase security.
- Memorize your password and do NOT write it down.
- Your password must be changed every 90 days.
- Passwords should not be shared among authorized users.
- Your password should be changed immediately if you suspect that your password has been compromised.
NEITHER HENRY STATE BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY AT 309-364-2302.
Encryption – Online banking uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Online Banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority – The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser; such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser.
Cookies – During your use of the Service, our Online Banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Password for each individual transaction. Users must accept this cookie to use the service. This cookie does not contain any personal information; it simply provides another level of security for our Online Banking product. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser or turn of your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Additional Security Guidelines
- All authorized users should sign-off after every Service session; however, online sessions will automatically end after twenty (20) minutes of inactivity. This is to protect you in case you accidentally leave your computer unattended after you log-in.
- The security of public computers (i.e. library, internet café, etc.) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
- Routinely scan your computer, servers, and electronic media using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to the other computers.
- Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
- Use a firewall product (hardware and/or software) especially if you have a broadband Internet Connection such as a DSL or cable modem.
14. Your Password Responsibilities
When you accept the terms and conditions of this Agreement, you agree not to give or make available your password or other means to access your account to any unauthorized individual(s). You are responsible for all transfers and Bill Payments you authorize using the service. If you permit other persons to use the Service, your password or other means to access your account, you are responsible for any transactions they authorize or complete.
If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 309-364-2302 during regular business hours. You can also contact us by sending a secure message through the service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSWORD TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE HELD RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (I.E. SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AND EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
15. Documentation and Verification of Payments and Transfers
Information regarding Internet Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement.
16. Provisions Applicable Only to Consumer and Sole Proprietor Deposit Accounts
A. Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
- Call us at 309-364-2302 during customer service hours;
- Contact us by using the secure messaging feature within the service;
- Write to us at P.O. Box 207, Henry, IL 61537
If you think that your statement is incorrect or you need more information about an electronic transfer or bill payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name, relevant service account number(s), and Access ID;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) business days after your verbal notification. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we may provisionally credit your account within ten (10) business days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to ninety (90) days to investigate your complaint or question. We may take up to twenty (20) business days to credit a new account for the amount you think is in error if we provide provisional credit.
We will tell you the results within three (3) business days after completing our investigation. If it is determined there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. The service may revoke any provisional credit provided to you if we find an error did not occur.
B. Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account.
If consumer customers tell us within two (2) business days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) business days after you learn of such loss or theft, and it is proven that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
17. Additional Provisions Applicable Only to Business Customers
A. Protecting Your Account
The service will allow business customers to establish individual Access Ids and passwords for authorized users.
Business customer represents and warrants that its authorized users have the appropriate authority to initiate transfers and bill payments through the service by assigning them such authorization rights in account opening and/or maintenance documentation.
Business customer authorizes Henry State Bank and its service providers to act upon, and you agree to be bound by, any transaction, whether or not authorized, that is initiated with your access ID and Password and/or the Access ID and Password of an authorized user. Furthermore, any instructions, directions, or other information provided by the business customer, or any of its authorized users, will be deemed to have been authorized by the business customer. Henry State Bank and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user of the business customer.
Business Customer assumes any and all liability arising from the use or misuse of the service or company accounts by its authorized users. Business customer agrees to indemnify and hold harmless this financial institution and its service providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with an access ID and Password of an authorized user.
You also agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Henry State Bank and/or its service providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to require all authorized users to keep passwords secure and strictly confidential.
We may disable passwords of authorized users even without receiving such notice from you, if we suspect passwords are being used in an unauthorized or fraudulent manner.
Henry State Bank and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the business customers’ selection of security systems or devices for the protection of any data files or computers used to access the services or over business customers development or implementation of security procedures or the failure of business customers to maintain said procedures.
B. Commercially Reasonable Security Procedures of the Service
When you accept this agreement and use the service, you acknowledge and agree that the service includes security measures which are reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the service, including procedures to protect the confidentiality of your Access ID and Password and the same for your authorized users. You agree to notify Henry State Bank in the event that your use of the service would necessitate or be better served by a level of security that exceeds that offered by the service. If you fail to notify this financial institution, you acknowledge and agree that the security aspects of the service are appropriate for your needs and will provide you with a reasonable degree of security against unauthorized use.
C. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
- Call us at 309-364-2302 during customer service hours;
- Write us at: Henry State Bank – P.O. Box 207, Henry, IL 61537
D. Your Liability
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or bill payment, Henry State Bank will not owe you any interest on the amount in questions, even if we are otherwise liable to you in connection with the transaction.
Henry State Bank and its service providers shall have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
E. Limitation of Institution Liability
Henry State Bank and its service providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. Henry State Bank and its service providers will have no liability for any loss or damage:
- Related to the dishonesty of the business customers employees, officers, agents or authorized users;
- Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request;
- Resulting from any delay in the performance of this agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between Henry State Bank and third parties, or any other condition outside of our control.
If Henry State Bank and/or its service providers fail or delay in making a transfer or bill payment pursuant to your instruction (where feasible), or if we make a transfer or payment in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the instruction.
We may pay such interest either to you or to the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds that amount per your payment instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously pad, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days of interest.
If we become liable to you for interest compensation under this agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district nearest to Henry State Bank for each day interest is due, computed on the basis of a three hundred sixty (360) day year.
No third party will have rights or claims against Henry State Bank and its service providers under this agreement. The terms of this section will survive termination of this agreement
Business customer(s) and its authorized users will defend, indemnify and hold harmless Henry State Bank and its service providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Henry State Bank through the service; (ii) any breach of the provisions of this agreement; (iii)any request for stop payment; (iv)any dispute between you and any third party in connection with the use of the service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this agreement.
18. Amendments and/or Alterations
This agreement. Applicable fees and service charges may be amended or altered from time-to-time. We will provide notice to you, at that time, of any alterations and/or amendments. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Additionally, we may, from time-to-time revise or update the applications, services and/or related material which may render all such prior versions obsolete. We reserve the right to terminate this agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
19. Electronic Disclosures
Electronic statements and notices will be available with this this service. We may deliver amendments to this agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, privacy notices, etc. The equipment necessary for accessing these types of disclosures electronically is described within the Henry State Bank Electronic Statement Disclosure Agreement.
You will be required to enter a code within the agreement that signifies your ability to receive the documents in a specified format. Henry State Bank will not provide this code to you in any other manner than that described in the above mentioned agreement.
Upon acceptance of the Henry State Bank Electronic Statement Disclosure, you agree to accept this agreement and other banking related disclosures in an electronic format. You also agree and represent that you have the necessary equipment for accessing the service and for viewing electronic disclosures.
You may change the method of delivery at any time by contacting us at:
In addition, you can request paper copies of documents free of charge. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of all documentation sent electronically.
20. Address, Email or Payment Account Changes
When you enroll in this service, we may send you a “Welcome” email. We will also send you emails and/or secure messages through the service regarding important Online Banking and Bill Payment matters and/or changes to this agreement. You must provide us your current email address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Please contact us at 309-364-2302 for changes.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate payment account or contact information.
21. Service Termination, Cancellation or Suspension
In the event you wish to cancel the service, please contact our Online banking department or send us a secure message through the service.
Any bill Payment(s) the service has already processed before the requested cancellation date will be completed by the service. All scheduled bill payments, including automatic payments, will not be processed once the services are cancelled. You will remain responsible for any fees associated with the service prior to the effective cancellation date.
We may terminate or suspend the service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this or other agreements.
Access to our service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Online Banking or Bill Payment activity for a period of three (3) consecutive months, accessibility may automatically terminate.
After termination or suspension of the service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. You must contact our online banking department as the first step to re-enroll for the service. Additionally, you will have to complete the online re-enrollment steps as well.
22. Exclusions of Warranties and Limitation of Damages
The service and related documentation are provided “as is”, “as available” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Notwithstanding our efforts to ensure that the service is secure, we cannot and do not warrant that all data transfers via the service will be free from monitoring or access by others.
You are solely responsible for the maintenance, installations, and operation of your computer. Neither this financial institution nor its service providers shall be responsible for any delays, errors, deletions, or failures that occur as a result of any malfunction of your computer or software.
The foregoing shall constitute Henry State Bank and its service provider’s entire liability and your exclusive remedy. In no event shall Henry State Bank or its service providers be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits or attorney’s fees (even if advised of the possibility thereof) arising in any way out of the installation, use or maintenance of the equipment, software, and/or your use of the service.
You may not assign this agreement to any other party. We may assign this agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this agreement to independent contractors or other third parties.
24. No Waiver
Henry State Bank and its service providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this agreement.
In the event of a dispute regarding the service, you agree to resolve the dispute by looking to this agreement. You agree that this agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or writing, and any other communications between you and us relating to the subject matter of this agreement. If there is a conflict between what the employees of this financial institution and/or its service providers say and terms of this agreement, the terms of this agreement will prevail.
27. Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this agreement, or arising out of, under, or in connection with this agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this agreement.
28. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Henry State Bank and/or its service providers unless otherwise indicated. All registered and unregistered trademarks used in the service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
29. Governing Law and Relation to Other Agreements
Accounts and services provide by Henry State Bank may also be governed by separate agreements with you. This agreement supplements any other agreement(s) and/or disclosures related to your eligible account(s) and provided to you separately.
This agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Illinois, without regard to its conflicts of law provisions; provided, however, that any dispute solely between you and your bill payment service provider shall be governed by and construed in accordance with the lows of the State of Illinois, without regard to its conflicts of law provisions.