Today’s Bank Online Banking Services Agreement, Privacy Policy and Initial Disclosures
Effective April 29, 2024
This Agreement and Initial Disclosures (the "Agreement") governs your use of the Online Banking (“Service(s)”) that Today’s Bank (“Today’s Bank”, “us” or “we”) may provide to you as a Consumer or Business Customer (“you”, or “user”).
I. Introduction
The Service
The Service permits Today’s Bank customers (consumers, sole proprietors and other business customers) to perform a number of banking functions through the use of a personal computer (“PC”) or, for some functions, a mobile device (e.g., tablet or smartphone), on accounts linked to the service.
Acceptance of Terms
After you have carefully read this Agreement in its entirety you will be asked to accept the terms and conditions of this Agreement. By enrolling in, accessing or using the Service, you agree to be bound by this Agreement and all of its terms without change.
Subscribing to or use of the Service(s) constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via email, or on our website by providing a link to the revised Agreement or by an online secure message. You may be prompted to accept or reject any material change to this Agreement the next time you use the Service after Today’s Bank has made the change. Your acceptance of the revised terms and conditions and/or the continued use of the Service(s) will indicate your consent to be bound by the revised Agreement. Further, Today’s Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service(s). Your continued use of the Service(s) will indicate your acceptance of any such changes to the Service(s).
You should print and/or save a copy of this Agreement for your records. To print, select the print button below 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 our Online Banking Department at (479) 582-0700. You can obtain a paper copy of this Agreement at any time.
WHEN YOU CLICK ON THE “ACCEPT” BUTTON BELOW, 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.
Hardware and Software
You may not use the Software unless you have first accepted this Agreement. In order to use the Service(s), you must obtain and maintain, at your expense, compatible hardware and software as specified by Today’s Bank. Today’s Bank is not responsible for any third-party software you may need to use the Service(s). Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation. You will properly secure all hardware you use in connection with the Service (including, but not limited to, securing the hardware with Security Credentials to prevent unauthorized use).
II. Definitions
The following definitions apply in this Agreement:
Account(s) refers to your eligible checking, savings, money market, CD, IRA, Health Savings Account, loan, or line of credit account you have with Today’s Bank. Some of your accounts may not be eligible for certain transactions using the Service.
Account Agreement(s) means any account agreement, or other applicable agreement, as amended from time to time, relating to a deposit account, loan, or other relationship you have with us.
Applicable Law means, as to any person, a requirement imposed by any federal, state, local or other law, regulation, rule, ordinance, determination of an arbitrator, order of a court, or determination, order, finding, advisory opinion, guideline, or requirement of any other governmental authority, which is applicable to and binding upon such person, including without limitation, the laws, regulations and orders administered by The Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (FinCEN).
Biller refers to 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.
Business Day(s) means Monday through Friday, except Federal holidays.
Cutoff Time means the time by which you must transmit transfer, payment or stop payment instructions to have them entered on that particular Business Day. Cutoff Times are subject to change and may vary by transaction type.
Due Date is the date shown on a statement from a payee as the date payment is due. It is not the late date or a date during a grace period.
Deliver by Date means the Business Day on which you schedule a Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver the payment to your Payee considering such factors as the Payee- specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.
Electronic Bill or e-Bill means the ability to have a payee send bill information electronically through the bill pay service. The presentment of your Today’s Bank electronic bill may vary from Payee to Payee and may take up to 60 days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
Electronic Funds Transfer means a transfer of funds initiated through Online Banking that instructs us to debit (withdraw funds from) or credit (deposit funds to) an account; examples include ATM withdrawals, preauthorized transactions, point-of-sale transactions, and transfers to and from your accounts using the System including bill payments or other transfer methods.
External Account means your personal checking or savings account at another financial institution.
External Transfer means a transfer from one of your Linked Accounts to a deposit or loan account with another financial institution.
Linked Account means an Account from which funds may be transferred via Online Banking.
NSF means non-sufficient funds.
Online Banking means the service offered by Today’s Bank which allows you to access Account and transaction information, transfer funds, and pay bills on a personal computer or mobile device through the Internet.
Payee refers to any business, merchant, or professional with a valid five digit United States Postal Service ZIP address that generates a bill or invoice for services, or services provided on your behalf, or any individual.
Payee Account refers to the account to which the Payee will credit your payment.
Payee Information refers to information about a Payee that is used to properly direct payment to the Payee and permit the Payee to identify the correct Payee Account.
Payment Account is the checking account from which payments will be debited.
Remote Deposit Anywhere is where you can take a picture of the check and deposit it anytime, from anywhere with our mobile banking app.
Scheduled Payment Date means the Business Day of your choice on which you want the payee to receive your payment; it also is the Business Day your payment account will be debited. If a future Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be deemed to be the previous Business Day.
Scheduled Transfer Date means the Business Day of your choice on which you want a transfer to be made and on which a debit is to be made to the Linked Account listed in the transfer instruction as the account from which funds are to be transferred. If a future Scheduled Transfer Date falls on a non- Business Day, the Scheduled Transfer Date will be deemed to be the next Business Day.
Service(s) refers to collectively, any or all of Today’s Bank Online or Mobile Banking Services, described in this Agreement, which allows you to electronically access Account and transaction information, transfer funds, originate transactions, and pay bills on a personal computer, mobile or wireless device.
Service Charge Account means the Account you have designated to be charged for all applicable fees and charges associated with the Services.
System Requirements means the current hardware and software minimum requirements to access the Service.
Transfer means a transfer from one of your Linked Accounts to a deposit or loan account with Today’s Bank.
We, us, or our refers to Today’s Bank and any agent, independent contractor, designee or assignee that Today’s Bank may, in its sole discretion, involve in the provision of the Service.
You or your refers to the individuals, corporations, partnerships, trusts, limited liability companies, and sole proprietorships subscribing to or using the Service.
2-step verification means a verification code used to verify device, login or transaction processing delivered to a land line or mobile phone, or e-mail. Another method used is use of the Authy app or any other authenticator app to generate a unique code to authenticate your account.
III. Security
User ID and Password
You will be asked to choose:
Your personal User ID consisting of 10 - 25 alpha-numeric characters, must not contain a space, must contain 1 or more letters, ID can’t be part of the current password.
A password which you will use to obtain access to your Account(s) at Today’s Bank User ID. It must contain at least 1 number, may contain the following special characters +_%@!$*~, must contain at least 1 upper and lower case letter, must be between 10 and 25 characters in length, must not match or contain your ID, must not match one of the previous 4 Passwords, must not contain spaces, and are not used by you with other services or websites.
A password which you will use to obtain access to your Account(s) at Today’s Bank User ID. It must contain at least 1 number, may contain the following special characters +_%@!$*~, must contain at least 1 upper and lower case letter, must be between 10 and 25 characters in length, must not match or contain your ID, must not match one of the previous 4 Passwords, must not contain spaces, and are not used by you with other services or websites.
You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s).
You will use one User ID and password for your commercial account access and a different User ID and password for your consumer accounts. You authorize us to follow any instructions entered through the Service using your User ID and Password.
B. Additional Authentication Requirements
In additional to your User ID and Password, we may require you to receive a Verification Code to authenticate your device, your online session or a transaction. Verification Codes can only be delivered via phone call to a pre-registered phone number, text message, or e-mail address. You may register your devices (PC, phone, tablet, laptop, etc.) however, certain configurations within your device and certain anti-virus programs may delete the registration periodically and you will be required to obtain a new Verification Code the next time you login using that device. Commercial customers may be required to have each of their users use an access device for login for additional security measures.
C. Sharing Your User ID and Password
You agree not to give or make available your User ID and Password to any person. Sharing this information constitutes a misuse and therefore, all transactions or instructions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made. We reserve the right to prevent access to the Service and/or refuse to process any payment or transfer for security reasons or if we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization. Because your User ID and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your User ID and Password from time to time for security reasons.
D. Additional Security Measures
You agree to use reasonable precautions to protect your computer or mobile device from malware and viruses by installing and maintaining anti-malware, anti-virus, and anti-spyware software or service.
Additional precautions include but are not limited to the following:
Keep the software and service updated. Install updates and patches for your computer and mobile device operating system and for your installed
Never use the “Remember username and password” option
Do not share your User ID or password with
Keep your computer logged off or turned off when you’re away from it or not using
Exercise care in the applications and content that you download or install onto your Malicious applications can be installed on your device without your consent in a variety of methods including:
Attachments to an email message or malicious links embedded in the
Clicking on infected links or downloading documents from a web
Clicking on search engine results that redirect your web browser to a malicious
Commercial customers are responsible for ensuring that each user accessing their business account online, protects his or her User ID, password, and other authentication information when using the online banking service.
E. Confidentiality
Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the Today’s Bank Privacy Notice; and (vi) as otherwise required or permitted by law or government regulation. The Today’s Bank Privacy Notice will follow this Agreement.
CONTACT TODAY’S BANK AS INSTRUCTED BELOW IMMEDIATELY IN THE EVENT YOUR USER ID OR PASSWORD IS LOST OR STOLEN OR YOU SUSPECT THERE IS SOME UNAUTHORIZED USE OF YOUR ACCOUNT(S)
Online Banking Services Overview
Online Banking for Consumers and Businesses
You may use Online Banking to:
Transfer funds between your Today’s Bank accounts on either a one-time or recurring basis, including as a payment to an eligible loan or line of c
Transfer funds between linked Today’s Bank business
Transfer funds between linked personal
View current balance information for your linked Today’s Bank
Transfer funds between linked Today’s Bank accounts and approved External
Review available transactions for your linked
View check/deposit slip images, electronic notices (where available) and monthly checking and savings
Perform self-service account maintenance such as re-ordering checks, ordering copies of paid checks, requesting copies of monthly checking or saving statements, stopping payment on checks, changing address, e-mail address, and phone number and changing your
Send us secure online messages and questions regarding your Service.
Some of the above services may not be available for certain accounts or customers. Today’s Bank reserves the right to expand or restrict the uses of the Service.
B. Mobile Banking Service
The Mobile Banking option of the Service allows you to perform various functions listed above, including viewing account balances and transaction information, bill payments and transferring funds.
V. Bill Payment Service
General
We offer the ability to engage in certain bill payment services through the use of designated third party providers. In order to be eligible for such functionality, you will be obligated to agree to, and be bound by, any terms and conditions of such third party. You may make payments through the Service to any business, merchant, or professional with a valid address. We reserve the right to refuse to allow you to designate any particular Payee or class of Payee. You may also make payments through the Service to individuals, family, or friends for non-business purposes. Payments may be made only to Payees with a 5-digit United States Postal Service ZIP code address, including APO/FPO addresses. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-ordered payments through the Service. Any user of this Service shall comply with all applicable laws and regulations including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). We reserve the right to refuse to process any bill payment we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities.
B. Your Payee List
You must provide sufficient information about each Payee as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct Payee Account to credit with your payment. This information may include, among other criteria, the name, address, and phone number of the Payee and your Payee Account number. You agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments, and you authorize your Payees to release such information to us. You further authorize us to confirm and standardize a payee's address at our discretion and without notice to you. You can enter your Payee Information directly through the Service. Additions, deletions, and modifications to Payee Information are entered directly on through the Service. To begin using the Service you will Today’s need to establish at least one Payee in your Payee List. You may add, modify or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc, except where the Service expressly indicates that it shall manage such Payee information, such as a Merchant’s remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or the Financial Institution reserve the right to refuse or remove a Payee for any reason.
C. E-Bills
E-bills is a feature of the bill pay service that enables you to receive bills electronically from participating Payees. You must be a user of Online Banking in order to receive e-Bills.
Approval of e-Bills
Participating Payees establish their own criteria for reviewing requests to receive e-Bills and have sole discretion to accept or decline your request. We do not participate in this decision.
Participating Payees generally take up to 5 Business Days to approve an e-Bill set-up request.
Accessing e-Bills from a Third Party
In some cases we obtain the e-Bill from the web site of the Payee. To do so, we will ask you for information needed for this purpose, such as any required password. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us as your agent for this limited purpose.
Timely Delivery of e-Bills
We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly.
We are not responsible for any late charges or other adverse consequences. Any questions regarding your bill details should be directed to your Payee.
Stop e-Bills
All parties have the right to cancel the service at any time. If you request that an e-Bill be discontinued, it may take up to 60 days for the Payee to receive and process the request.
Privacy
When you establish e-Bills with a participating Payee you will provide certain information that will be forwarded onto the Payee to complete your enrollment. If you have concerns about the future use of this information you should contact your Payee directly.
D. Scheduling Bill Payments
To schedule Payments you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider’s or the Financial Institution’s control. The Service provider and/or the Financial Institution reserve the right to refuse or cancel a Payment for any reason.
The earliest possible Due Date / Deliver by Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Due Date / Deliver by Date earlier than the earliest possible dates presented. The Service determines this earliest possible Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically 1 or 2 Business Days) or requires Payments be delivered by check (typically 4 or 5 Business Days). A Payee’s location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Service’s Cut-Off Time shall be processed no earlier than the following Business Day. Currently, the Cut-Off Time is 2:00 p.m. Central Time, but the Service provider and/or the Financial Institution may change the Cut-Off Time without prior notice.
You should carefully consider factors such as the Payee’s date payment due, grace period, whether the Payee’s date payment due falls on a non-Business Day, etc., when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee’s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Pay Due Date / Deliver By Date in each case, and determine whether to allow an additional 1 or 2 business days to avoid incurring any late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements. Neither the Service provider nor the Financial Institution shall be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside the Service provider’s control.
Payments to Payees, businesses or individuals, outside the United States of America or its territories or commonwealths, are prohibited.
E.How Bill Payments are delivered
We reserve the right to select the method in which to remit funds on your behalf to your Payees. These payment methods may include, but may not be limited to, an electronic funds transfer or a paper draft payment (funds remitted to the Payee are deducted from your Payment Account when the paper draft is presented to your financial institution for payment). For Payees that are unable to receive electronic payments, we may send payments by a paper draft drawn on your Account. You agree that all paper drafts issued on your authorized instructions will be the same as if actually signed by you.
We send all checks through the United States mail. We are not responsible for postal delays or processing delays by the Payees. Occasionally, a Payee chooses not to participate in the Service, or may be unable to process payments in a timely manner. In such cases, we may decline to make future payments to these Payees.
F. Processing Your Bill Payments
Although you may schedule bill payments by using the Service 24-hours a day, 7 days a week, payments will be withdrawn from your Account only on Business Days, subject to system availability. We may refuse to process your payment if sufficient funds, including funds available under any overdraft plan, are not available in your Account(s).
G. Sufficient Funds for Payments
You agree to transmit a payment instruction only if funds in the Payment Account will be sufficient on the Scheduled Payment Date to make the payment. If the Payment Account does not have sufficient funds (including funds available under any overdraft plan) on the Scheduled Payment Date, we may (but are not required to) debit the Payment Account for the Payment Amount; you will incur NSF fees whether the Payment Amount is or is not debited from the Payment Account. If we do not debit the payment account for the payment amount due to insufficient funds in your payment account, the payment processor may (but is not required to) fund a payment; if the processor does, the processor has certain rights to pursue you for the payment. You agree to verify whether a payment was or was not made and, if necessary, to reschedule the payment. Please contact us if you require the current limits.
H. Future and Recurring Bill Payments
You may schedule a payment for a future Business Day up to one year (365 days) in advance. You may schedule recurring payments for frequencies ranging from weekly to annually. The provisions of this paragraph are subject to change. Refer to Online Banking screens for current information.
I. Cutoff Time for Payments
Payment instructions transmitted via Online Banking, and received by Today’s Bank by 2:00 p.m. Central Time, Monday through Friday, will be effective on the current Business Day. Payment instructions transmitted via Online Banking, and received after 2:00 p.m. Central Time Monday through Friday, or all day Saturday, Sunday, and banking holidays, will be effective the following Business Day. (The day on which a payment instruction is entered differs from the Scheduled Payment Date.) The Service provider and/or Today’s Bank may change the Cut-Off Time without prior notice.
J. Delivery
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will not bear responsibility for any late payment, but will help prove that the payment was paid on time.
Stopping or Modifying Bill Payments
Any Payment can be modified or cancelled, provided you access the Service prior to the Cut-Off Time on the Business Day that the Payment is going to be processed. Once a check payment is in-process, it cannot be cancelled through the Service. Instead, you must contact Customer Service at (479) 582-0700 to request a stop payment. An electronic payment cannot be cancelled or stopped once it is no longer in a scheduled status. A Recurring Payment may be edited or cancelled after processing for the current Payment instance is complete. You may be charged a stop payment fee for each request.
L. Stop Payment
You may request to stop payment after a payment has been processed by contacting Customer Service, (479) 582-0700. The Service’s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Service provider and the Financial Institution will make commercially reasonable efforts to stop payment per your request, but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.
M. Incomplete Payments
If we remit your payment to a Payee by mailing your Payee a draft check, and the check has not been presented for payment you may contact Customer Service, (479) 582-0700, as directed in the online services screens for assistance in researching your payment.
N. Use of Third Party
By using the bill payment services offered by Today’s Bank’s third-party provider, you authorize Today’s Bank and its service providers to access third party sites designated by you, on your behalf, to retrieve information requested by you. For all purposes hereof, you hereby grant Today’s Bank and its service providers a limited power of attorney, and you hereby appoint Today’s Bank and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TODAY’S BANK OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, TODAY’S BANK AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT THIRD PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: APPLICABLE THIRD-PARTY PROVIDERS, AND NOT TODAY’S BANK ARE PROVIDING THE BILL PAYMENT SERVICES. YOUR USE OF THE BILL PAYMENT SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THOSE SERVICES IS AT YOUR SOLE RISK. WITH RESPECT TO TODAY’S BANK, THOSE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TODAY’S BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE BILL PAYMENT SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THOSE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TODAY’S BANK MAKES NO WARRANTY THAT (i) THE BILL PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE BILL PAYMENT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BILL PAYMENT SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BILL PAYMENT SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BILL PAYMENT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TODAY’S BANK THROUGH OR FROM THE BILL PAYMENT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER TODAY’S BANK NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TODAY’S BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BILL PAYMENT SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE BILL PAYMENT SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE BILL PAYMENT SERVICES; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE BILL PAY SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to protect and fully compensate Today’s Bank and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Bill Payment Services, your violation of these terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. YOU ACKNOWLEDGE THAT TODAY’S BANK HAS AGREED TO FACILITATE THE PROVISION OF THE BILL PAYMENT SERVICES FROM THE THIRD-PARTY PROVIDERS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY, INDEMNIFICATION AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
VI. Transfers Among Your Today’s Bank Accounts
General
You may use the Service to transfer funds between any of your eligible Today’s Bank Accounts, subject to any limits or restrictions we may impose from time to time.
Online Banking transfers cannot be used for Today’s Bank Loan Payoffs or to make interest only payments on mortgages.
B. Cut-off Time for Transfers (Approximate Time)
Transfers between Account(s) initiated via the Service and received by Today’s Bank by 9:00 p.m. Central Time Monday through Friday will be effective on the current Business Day. Transfers between Account(s) initiated via the Service and received after 9:00 p.m. Central Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the next Business Day.
C. Limitations on Frequency of Transfers
The number of transfers between your eligible Accounts may be subject to the limitations that apply to the maximum number of automatic or repeating withdrawals from certain types of accounts. Refer to your Account Agreements for details.
D. Limitations on Dollar Amount of Transfers
Except as limited by Account type and applicable Account Agreements, each transfer may be limited in amounts per item and daily and those limits may change from time to time. Please contact us if you require the current limits.
E. Future Transfers
A Scheduled Transfer Date may be set for a future date, up to a year (365 days) from the date the transfer is scheduled. Transfers scheduled for a future date will be effective at 12:00 a.m. Central Time on the requested date of transfer. For example, a transfer scheduled to occur on September 3, will be effective at 12:00 a.m. on September 3.
F. Stopping or Modifying a Scheduled Transfer
A scheduled transfer may be stopped or modified at any time the day prior to the scheduled transfer date. For example, a transfer scheduled for September 3 may be modified or stopped at any time prior to 11:59 p.m. Central Time on September 2, provided September 2 is a business day. If September 2 is not a business day then the scheduled transfer must be stopped no later than 11:59 p.m. the business day prior to September 3.
G. Sufficient Funds
You agree that you will have sufficient available funds in the designated deposit account to cover all transfers on the Scheduled Transfer Date. If the deposit account does not have sufficient available funds on the Scheduled Transfer Date, we may elect not to initiate one or more of the transfers. If we do elect to initiate the transfer, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any overdraft fees and interest thereon, as set forth in your Account Agreement/Terms and Conditions. If we do elect to initiate the transfer, we are not required to notify you and you agree to pay all related fees as disclosed in your Account Agreement/Terms and Conditions.
VII. External Transfer Service
General
Within the Service, you may separately enroll to transfer funds between your Today’s Bank checking and savings accounts and your External Accounts at other financial institutions. Business Accounts are eligible for the External Transfer Service; however, all business account external transfer requests will be subject to specific review and approval by Today’s Bank. Enrollment of External Accounts is subject to our approval, which may be withheld in our sole discretion. Once an External Account is enrolled, you may request us to transfer funds via Online Banking between that External Account and your Today’s Bank Accounts ("External Transfers").
In order to transfer funds from an account, you must be the sole owner, or a joint owner, of the Today’s Bank Account and the External Account or you have authorized access to the External Account. You will be notified if we are unable to verify your ownership of an Account. We may require additional verification of your ownership of any External Account at any time before or after enrollment, and before or after allowing any transfer activity with respect to that account ("Additional Verification"). By enrolling an External Account, you authorize the account-holding institution to disclose to us any information that we request about you or the External Account and agree to cooperate in Additional Verification, including promptly providing any identification and/or other account documentation that we may request.
B. Cut-off time
External Account Transfers submitted by 5:00pm Central Time on a bank business day will be effective the next business day and may take up to two days to process.
C. Future-Dated and Recurring Transfers
You may schedule External Transfers to occur on a future Business Day or on a recurring basis up to one year (365 days) in advance. The recurring transfer feature may be used when the same amount is transferred at regular intervals. For example, a $100 transfer from your Today’s Bank Account to an External Account may be set up to occur every two
Your future-dated or recurring transfer requests are submitted on the day on which they are scheduled or on the Business Day after they are scheduled if that day is not a Business Day. Funds will then be debited on the Bank’s Business Day after the transfer request is submitted, and may take up to two days after the transfer request is submitted for processing. For example, if a recurring transfer request is scheduled to occur on the same day of each month, and that day falls on a Saturday, the transfer request will be submitted on the next Business Day in the
If you schedule a future-dated or recurring transfer to occur on a day of the month that does not exist (e.g., the 31st of the month in a month that does not have 31 days such as February), the transfer request will be submitted on the last Business Day of the month and may take up to two days after the transfer request is submitted to
Your future-dated or recurring transfer requests are submitted on the day on which they are scheduled or on the Business Day after they are scheduled if that day is not a Business Day. Funds will then be debited on the Bank’s Business Day after the transfer request is submitted, and may take up to two days after the transfer request is submitted for processing. For example, if a recurring transfer request is scheduled to occur on the same day of each month, and that day falls on a Saturday, the transfer request will be submitted on the next Business Day in the
If you schedule a future-dated or recurring transfer to occur on a day of the month that does not exist (e.g., the 31st of the month in a month that does not have 31 days such as February), the transfer request will be submitted on the last Business Day of the month and may take up to two days after the transfer request is submitted to
D. Transfer Status
You may check the status of any transfer by going to the Accounts tab and selecting Transactions from the menu in the Service. Transfers are "Authorized" from the time you request the funds transfer. They will show “pending” until the transfer is released for processing. Future dated transfer are displayed in the Transfers menu.
E. Cancelling a Transfer
You cannot cancel a transfer after it has been entered into the system.
In order to cancel or change a pending transfer that has not been submitted for processing, use the following procedures:
Log in and if you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
For assistance, you can send us a secure message through the Service or call our Online Banking Department at (479) 582-0700.
If you need our assistance on making edits to recurring/future dated transfers; you can send us a secure message through the Service; however, we must receive your request 3 Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.
F. Transfer Limits
You may use the Service to check the balance of your Account (s) and to transfer funds among your Accounts at Today’s Bank. You must have sufficient funds in your account to cover the amount of any online transfer on the scheduled date set for the transaction, or the transaction may not be processed.
Except as limited by Account type and applicable Account Agreements, each External Transfer may be limited in amount per transfer and per a daily maximum aggregate amount. These limits may be changed from time to time. A fee may be charged for the External Transfer Online Banking Service. We may change the External Transfer limits and fees at any time. Please see Today’s Bank website, Digital Banking frequently asked questions
G. Cancellation and Suspension
We may cancel or suspend your use of the External Transfer Service or disqualify any Today’s Bank Account or External Account from eligibility to conduct External Transfers without prior notice.
VIII. Mobile Deposit Capture or Remote Deposit Anywhere
The mobile deposit capture services ("Mobile Deposit") is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to Today’s Bank (“Bank”) or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.
Hardware and Software Requirements: You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that Today’s Bank and/or our service provider(s) establish and specify. Today’s Bank and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. Today’s Bank is not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Deposit Limits: The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.
Fees and Charges: The Bank offers the benefits and convenience of the Services to you free of charge. The Bank reserves the right to charge fees for the Services in the future.
Endorsements and Procedures: Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although Today’s Bank may accept endorsements outside this space. Your endorsement must include “For Mobile Deposit Only”, your Today’s Bank account number and your signature. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Any loss Today’s Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.
Funds Availability: Mobile Deposits confirmed as received before 5:00 P.M. Central Time on a business day that Today’s Bank is open will be credited to your account the same day. Deposits confirmed received after 5:00 P.M. Central Time and deposits confirmed received on holidays or days that are not our business days (Monday through Friday) will be credited to your account on the following business day. However, all checks will also be subject to Today’s Bank’s Funds Availability Policy and/or delayed funds availability as permitted by regulatory guidelines. Business Days: Our business days are Monday through Friday, except holidays.
Check Requirements (including image quality): The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
You agree that you will NOT use Mobile Deposit to deposit:
• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
• Checks payable to you and another party who is not a joint owner on the account.
• Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks issued by a financial institution in a foreign country.
Checks that are incomplete.
• Checks that are “stale dated” (more than six months old) or “postdated”.
• Savings Bonds, traveler’s checks, money orders, or postal money orders.
• Checks previously deposited whether as an original item, substitute check or image replacement document, without Today’s Bank express written consent.
Rejection of Deposits: After Today’s Bank receives Check images and all other required deposit information from you through the Service, Today’s Bank shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while Today’s Bank normally provides notice of rejected deposits, the Bank may reject any Check transmitted through the Service in our sole discretion without notice to you, and the Bank will not be liable for any such rejection or failure to notify you of such rejection. If Today’s Bank rejects a Check for remote deposit, you must physically deposit the original Check. Should you fail to produce the original check, you will not receive credit for the deposit into your account.
Unpaid Checks: You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your email address on file with us, but Today’s Bank may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, Today’s Bank shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that Today’s Bank charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions Today’s Bank may provide to you in connection with returned Checks.
Availability of Service/Contingency: In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to any Today’s Bank location (go to todaysbank.com to find the location nearest you). The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement. Today’s Bank reserves the right to terminate, suspend, or modify Mobile Deposit at any time.
Storage, Security and Destruction/Disposal of the Checks: After you receive confirmation that Today’s Bank has received an image, you must write on the front of the check “Mobile Deposit on ‘Date’”. Securely store the original Check for 10 business days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 10 business day retention period expires, you must destroy the original Check by marking it "VOID" or destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re-present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Presenting Checks More Than Once: Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that Today’s Bank may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, Today’s Bank will debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Your Authentication Method: You agree that Today’s Bank is entitled to act upon instructions Bank receives with respect to the Service under your user ID, password, test key or other code or authentication method that Today’s Bank requires (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. Today’s Bank has no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions Today’s Bank receives from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
Data Security: It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. You will notify us immediately by telephone at (479) 582-0700 or by written notice at Today’s Bank, Attn: Online Banking, 300 N College Ave., Fayetteville, AR 72701 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, Today’s Bank may monitor your deposit account.
Account Holder’s Indemnification Obligation: You understand and agree that you are required to indemnify Today’s Bank and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit Services and/or your breach of this Disclosure and Agreement. Including without limitation your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that Today’s Bank may incur for processing an image or substitute check rather than the original paper check. You understand and agree that this paragraph shall survive the termination of this Agreement. You understand and agree that you are required to indemnify our technology partners, including but not limited to Profit Stars®, and hold harmless Profit Stars®, its affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Financial Institution or End User’s use of the Services, Profit Stars®, unless such claim directly results from an action or omission made by Profit Stars® in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TODAY’S BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TODAY’S BANK MAKES NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. TODAY’S BANK MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OFLIABILITY: YOU AGREE THAT TODAY’S BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TODAY’S BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Duty to Report Errors: The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that Today’s Bank will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement. You may notify us by e-mailing us at onlinebanking@todaysbank.com, or writing to 300 N College Ave., Fayetteville, AR 72701 or telephoning us at (479) 582-0700. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
Cooperation with Investigations: You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
Termination: We reserve the right to terminate, suspend, or modify Mobile Deposit at any time.
IX. Additional Services
Electronic Statements (e-Statements)
You may elect to stop the mailing of paper statements for eligible Accounts by enrolling in e-statements within Online Banking. However, certain types of accounts are required to receive e-statements in order to avoid a monthly service charge. By changing over to paper statements, you may be charged a paper statement fee and your account type may change. You are required to read and accept the terms and conditions again in order to change your statement delivery preferences. To resume the mailing of paper statements for eligible Accounts, you must contact your local branch or call Today’s Bank Customer Service at (479) 582-0700. Only Accounts accessible via Today’s Bank Online Banking may be enrolled for e-statement delivery. For Joint Accounts, only one Account owner need enroll for e-statement delivery.
Your statement will be available within 24 hours after the statement cut-off date. The statement cut-off date for your online statement is the same as your paper statement. You may view, print, and download your current statement and up to 18 months of statement history from your enrollment date.
We may deliver information to you about your eligible Accounts via the Today’s Bank Online Banking message center, email, US Postal Service, or within the e-statement itself. It is your responsibility to notify us if your contact information changes. To notify us of a change in your contact information, you may logon to Today’s Bank Online Banking, select the settings and update your contact information.
We may continue to mail information to you, including any information that you have authorized us to provide to you electronically. We may discontinue the e-statement service at any time in our discretion and resume mailing paper statements to you. We may also add, modify, or delete any feature of the e- statements service in our discretion. We will provide you with notice of any change or termination in the e- statement service.
All of your payments and transfers made through Online Banking will appear on your periodic Account statement. The Payee Name, payment amount, and Withdrawal Date will be reflected for each payment made through Online Banking.
B. Check and Deposit Images
You may view digital images of recent cancelled (paid) checks and deposit slips. Online images may be viewed only for such periods of time as we may establish, after which copies are normally available from our archives upon request (we may charge a fee for such copies).
As is common industry practice with various check "truncation" or "safekeeping" services, we destroy the original items but retain the images for at least the number of years required by law. If an image of a check is missing or is illegible, we will attempt to provide you with a legible copy upon your request, if you give us adequate information to identify the specific check. However, we will have no liability to you if we are unable to provide a copy within your requested timeframe, or at all, due to any reason other than our gross negligence, willful misconduct or criminal conduct. We reserve the right to charge a fee for such requests in some circumstances, such as when the image is missing or illegible due to circumstances beyond our control.
C. Balance Inquiries
You may use Online Banking to check the balance of your Accounts. The balances shown may differ from your records because they may not include deposits that are not available for withdrawal, outstanding checks, or other withdrawals, payments, or charges.
D. Mobile Banking Service
The Mobile Banking Service allows you to perform various functions, including viewing Account balances and transaction information, bill payments and transferring funds, and making deposits to your checking, savings, or money market accounts.
Equipment Requirements. You must have email access for certain services. You are solely responsible for your choice of equipment, wireless carriers, Internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider. Your wireless or Internet service provider may charge additional
We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. If your device is lost or stolen, report it immediately to your wireless provider. Except as provided in this Agreement, we have no responsibility or liability if someone else learns your User ID and Password and uses it to access the Services.
Licensing Terms for Users of Third-Party Software. If you access the Today’s Bank Mobile Banking service through software downloaded to or pre-loaded on your wireless device ("Software"), you agree to the following licensing terms ("Terms"):
Equipment Requirements. You must have email access for certain services. You are solely responsible for your choice of equipment, wireless carriers, Internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider. Your wireless or Internet service provider may charge additional
We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. If your device is lost or stolen, report it immediately to your wireless provider. Except as provided in this Agreement, we have no responsibility or liability if someone else learns your User ID and Password and uses it to access the Services.
Licensing Terms for Users of Third-Party Software. If you access the Today’s Bank Mobile Banking service through software downloaded to or pre-loaded on your wireless device ("Software"), you agree to the following licensing terms ("Terms"):
Today’s Bank and the third-party software providers reserve all rights to the copyrighted software not expressly granted herein. You may use the Software solely for accessing the Service subject to the Terms. You may not do any of the following to the Software: (i) modify, revise or create any derivative works; (ii) decompile, reverse engineer or otherwise attempt to derive the source code; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights; or (iv) remove or alter any proprietary notices, legends, symbols or labels, including, but not limited to, any trademark, logo or copyright. Neither the software licensor nor the wireless network provider is responsible for any of the materials, information, and financial products or services made available to you via the Software.
E. Alerts Service
The Alerts service allows you to receive various types of alerts concerning the Accounts that you select, via a phone call, email and/or text message to your wireless device. You are responsible for providing accurate contact information to receive Alerts. For support information, contact Today’s Bank Customer Service at (479)582-0700.
Equipment Requirements. You must have email access and/or mobile text messaging capability. You are solely responsible for your choice of equipment, wireless carriers, internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate
We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. You should delete any alerts or other text messages sent or received in connection with any Service. We have no responsibility or liability to you or any other person in connection with any such messages you choose to save on your wireless device. If your device is lost or stolen, report it immediately to your wireless provider.
The information in any Alert may be subject to certain lag times or delays in transmission, and we make no representation concerning either the currency or accuracy of any Alert. Frequency of alerts is based on your account settings. Alerts are provided as a convenience only, and should never be considered as an official bank record or as a substitute for the information contained in your periodic statements. We may provide important information to you via other methods, including electronic messaging within the Service.
Equipment Requirements. You must have email access and/or mobile text messaging capability. You are solely responsible for your choice of equipment, wireless carriers, internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate
We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. You should delete any alerts or other text messages sent or received in connection with any Service. We have no responsibility or liability to you or any other person in connection with any such messages you choose to save on your wireless device. If your device is lost or stolen, report it immediately to your wireless provider.
The information in any Alert may be subject to certain lag times or delays in transmission, and we make no representation concerning either the currency or accuracy of any Alert. Frequency of alerts is based on your account settings. Alerts are provided as a convenience only, and should never be considered as an official bank record or as a substitute for the information contained in your periodic statements. We may provide important information to you via other methods, including electronic messaging within the Service.
F. Electronic Messaging
The Service provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it.
Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Contact in Event of Unauthorized Transfer in this Agreement. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public.
Contact in Event of Unauthorized Transfer
If you believe your User ID and Password has been lost or stolen or that someone has transferred or may transfer money from your Account(s) without your permission, immediately call: (479) 582-0700 Or write: Today’s Bank Customer Service, P.O. Box 1807, Fayetteville, AR 72702
Liability Provisions Applicable to Consumer Accounts Only
The following provisions apply in the event you believe there has been an unauthorized transfer from your consumer Account. Please refer to the applicable Account Agreement for other important disclosures regarding your rights and responsibilities.
A. Your Liability
Tell us AT ONCE if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
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 60 days after the statement was sent to you, you may lose any amount transferred without your authorization after the 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.
B. Bank Liability for Transfers
The Service will use commercially reasonable efforts to make all your transfers and payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
If, through no fault of ours, your Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
Your Account(s), or Billing Account, is closed;
If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction;
The transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Account(s), or causes funds to be directed to a Payee, which does not comply with your instructions, we shall be responsible for returning the improperly transferred funds to your Account(s), and for directing payment to the proper Payee.
C. Error Resolution Notice
In case of errors or questions about your electronic transfers telephone us at:
SHAZAM Dispute Services at (833) 288-1126
Or write:
Today’s Bank Error Resolution Department
P.O. Box 1807 Fayetteville, AR 72702
You can also send us an email at CSR@todaysbank.com, but this is not a secure email address; so please do not include any confidential or personal information when using this address.
Contact Today’s Bank as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the Today’s Bank statement on which the problem or error appeared. When contacting Today’s Bank regarding an error resolution, please be prepared to communicate the following information:
Your name, account number(s), User ID, and/or any other form of
The error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more
The dollar amount of the suspected
If you tell us orally, we may require that you send us your complaint or question in writing within (10) Business Days. We will tell you the results of our investigation within 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 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your Account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
XII.Liability Provisions Applicable to Business Accounts
Except as may be specifically provided in Section X ("Liability Provisions Applicable to Consumer Accounts"), and as provided below, you will use the Services at your sole risk, including the risk of erroneous or fraudulent transactions. Please refer to the applicable Account Agreement/Terms and Conditions for other important disclosures regarding your rights and responsibilities.
We will be responsible for performing the Services that we agree to provide to you as described in this Agreement, using substantially the same degree of skill and care that we generally apply in performing Services for our other clients. Our liability will be limited to: (i) restoration, as soon as reasonably practicable, of any interrupted Service; (ii) re-performance of the affected Service at our expense, e.g., correcting, reversing or otherwise making accurate any errors in performance; or (iii) failing (i) and (ii) above, compensation to you for any actual monetary damages you incur as a result of our material breach of this Agreement, or our gross negligence, willful misconduct or criminal conduct in performing or failing to perform the affected Service. Except as otherwise expressly provided in this Agreement, our liability will not exceed the lesser of: (1) the actual amount of such damages or (2) the aggregate amount of fees you paid to us for the affected Service during the 12-month period immediately preceding the date on which such damages occurred, or such lesser number of months that you have received the Service.
XIII. Disclaimer of Warranty; Exclusion of Damages
We are not responsible for any loss, damage, or injury resulting from an interruption in the availability of the Service, or any computer virus that you may encounter using the Service. We encourage you to routinely scan electronic devices using a reliable virus protection product to detect and remove viruses.
A. Disclaimer of Warranty
UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ANY SERVICES, OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
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.
B. Exclusion of Damages
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. THIS FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING OUR SERVICE.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE FOREGOING SHALL CONSTITUTE THE FINANCIAL INSTITUTION’S AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THIS FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (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.
XIV. Termination
You may terminate your use of the Service at any time by visiting your local Today’s Bank branch office, by calling Today’s Bank Customer Service at (479) 582-0700, or by writing to us at Today’s Bank, ATTN: Online Banking Department, P.O. Box 1807, Fayetteville, AR 72702. You must notify us at least 10 days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Scheduled Payment Date within this ten-day period, you also must separately cancel those payments pursuant to the Stopping and Modifying Bill Payments Section of this Agreement. If we have not completed processing your termination request and you have not otherwise cancelled a payment, you will be responsible for payments with Scheduled Payment Date during the 10 days following our receipt of your written notice of termination, and all accrued fees and charges. If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account.
We may terminate your use of the Service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments, transfers and other transactions in process, and all accrued fees and charges.
Access to our Service may be cancelled 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 activity for a period of 4 consecutive months, accessibility may be terminated.
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. In order to request reinstatement of the Service, you must call our Online Banking Department.
XV. Fees
You agree to pay the fees specified in the current Today’s Bank Fee Schedules as published and updated from time to time.
We reserve the right to determine whether you are using the Service as a consumer or as a business or both, and to adjust your monthly fees accordingly. Monthly fees may be changed with advance notice. In addition, stop payment fees and other service charges may apply. For example, there may be additional fees charged against your Accounts if a transaction you initiate using the Service causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the Accounts, or exceed any other qualifiers for the Accounts. Refer to the Account Agreements/Terms and Conditions and associated Fee Schedules, for these fees.
You authorize Today’s Bank to deduct all applicable subscription, service, and use fees for the Service from your Service Charge Account. If we are unable to deduct all applicable fees from your Service Charge Account for any reason (such as, the Account has been closed or there are not sufficient funds in the Account), you authorize Today’s Bank to deduct all applicable fees for the Service from any of your other Accounts. You may designate a different Account for service charge deductions, by notifying a local branch, calling Today’s Bank Customer Service at (479) 582-0700, or by using Today’s Bank Online Secure Message Service.
XVI.General
Entire Agreement
This Agreement constitutes the complete and exclusive agreement related to the Service, and supplements the Software License Agreements, the Account Agreements/Terms and Conditions, and any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.
B. Waivers
No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
C. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
D. Disputes
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 written, 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 the terms of this Agreement, the terms of this Agreement will prevail.
E. 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.
F. 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 Financial Institution and/or is 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.
G. Governing Law
Accounts and services provided by this Financial Institution 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 the laws of Arkansas, without regard to that state's conflict of law’s provisions.
H. Compliance with Applicable Laws
Any user of this Service shall comply with all Applicable Laws. We reserve the right to refuse to process any transaction we reasonably believe violates Applicable Law, or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities.
I. Amendments
We may amend this Agreement from time to time by posting the amended agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by visiting our website or calling Today’s Bank Customer Service at (479) 582-0700 to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.
J. Severability
If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.
K. Service Hours
The Service is available 24-hours a day, seven days a week, except during maintenance periods. Please refer to the description of each Service for specific processing schedules and cut-off times.
L. Business Days
Our Business Days are Monday through Friday. Federal Holidays are not included.
M. Service Notifications
We may add, modify or discontinue the Service at any time, including placing or changing restrictions/limits on the types or amounts of transfers or payments, or changing the terms and conditions governing the Service. We may send you electronic notifications concerning the Services, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.
N. Confidentiality
Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the Today’s Bank Consumer Privacy Notice; and (vi) as otherwise required or permitted by law or government regulation.
O. Access to other Products and Services
Today’s Bank may provide you access to other financial products and/or services offered by Today’s Bank, its affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein.
POSITIVE PAY SERVICE ADDENDUM AND TERMS
Definition:
“We,” “us,” “our,” and “ours” means Today’s Bank
“You,” “your,” and “yours,” means any person, sole proprietor, corporation, partnership, limited liability company or other business organization, or any city, town, village, school district or other governmental body, that enrolls in Positive Pay.
“Account” means any account of yours, maintained by the Bank, which is covered under this Agreement.
“Business Day” means any day Monday through Friday except Federal Reserve Holidays.
“Check Issued File” means the record describing checks written by you that are submitted to the Bank for the Account on file.
“ACH Issued File” means the record describing ACHs written by you that are submitted to the Bank for the Account on file.
“Exception Item” means a Presented Item that does not match an item in your Check Issued File.
“Item Review” means a report or record describing Exception Item(s) which is provided to you by the Bank.
“Item” means checks or other items drawn that has cleared or attempted to clear your Account or is listed in either the Item Review or ACH/Check Issued File that you have submitted to the Bank.
“Pay Request” means your instruction to the Bank to pay an item on the Item Review.
“Presented Item” means ACH, check, or other item drawn on your Account and presented to us for payment through the Federal Reserve.
“Return Request” means the instructions you have given the Bank not to pay an Exception Item
“You,” “your,” and “yours,” means any person, sole proprietor, corporation, partnership, limited liability company or other business organization, or any city, town, village, school district or other governmental body, that enrolls in Positive Pay.
“Account” means any account of yours, maintained by the Bank, which is covered under this Agreement.
“Business Day” means any day Monday through Friday except Federal Reserve Holidays.
“Check Issued File” means the record describing checks written by you that are submitted to the Bank for the Account on file.
“ACH Issued File” means the record describing ACHs written by you that are submitted to the Bank for the Account on file.
“Exception Item” means a Presented Item that does not match an item in your Check Issued File.
“Item Review” means a report or record describing Exception Item(s) which is provided to you by the Bank.
“Item” means checks or other items drawn that has cleared or attempted to clear your Account or is listed in either the Item Review or ACH/Check Issued File that you have submitted to the Bank.
“Pay Request” means your instruction to the Bank to pay an item on the Item Review.
“Presented Item” means ACH, check, or other item drawn on your Account and presented to us for payment through the Federal Reserve.
“Return Request” means the instructions you have given the Bank not to pay an Exception Item
Section 1. THE SERVICE.
The Positive Pay Service Terms (the “Service Terms”) set forth the terms and conditions relating to Bank’s Positive Pay offerings which are designed to help detect actual or potential ACH or check fraud by allowing Customer to designate and/or decision those Items and/or payees that Bank may pay (the “Service”). The Services covered in this addendum are also subject to the General Provisions of the Today’s Bank Online Banking Services Agreement (the “Agreement”) as if fully incorporated herein and all Applicable Laws.
(a) Provisions of Services.
The services to be provided to you shall include only the services expressly set forth in the Addendum. This Addendum supplements the other terms and conditions set forth in the Today’s Bank Online Banking Services Agreement. To the extent that there is any conflict between the terms of this Addendum and the Agreement, the Today’s Bank Online Banking Services Agreement will govern the Positive Pay Service. The Bank has the right to determine, in our sole discretion, the nature and extent of the services to be provided. The services described herein are the sole property of the Bank and any third-party vendors utilized to provide the service. You shall have no rights to the services, other than those rights expressly granted under this Addendum.
Section 2. IMPLEMENTATION.
Customer agrees to provide Bank with test data (including, but not limited to, voided sample ACH’s and/or Checks from each Account, ACH Issued Files, Check Issued Files, and other transmissions requested by Bank) relating to the Service in order for Bank to undertake validation and implementation actions. Such information must be provided at least two (2) weeks prior to the implementation of the Service.
Section 3. POSITIVE PAY.
ACH or Check Issued File.
In accordance with the applicable operational instructions, prior to implementation, Customer shall provide Bank with an electronic record containing such information required by Bank for the performance of the Service (a “Check Issued File” or “ACH Issued File”) that Bank will match against Items presented to be drawn on the Account(s). For Positive Pay, Customer shall include the Item serial number and exact dollar amount for each Item in the ACH or Check Issued File submitted to Bank. Bank may pay and charge to the Account(s) each presented Item that matches both the Item serial number and dollar amount of an Item shown in an ACH or Check Issued File. Customer assumes full responsibility for the timely and accurate submission of ACH or Check Issued Files and associated data to Bank.
Reliance on ACH or Check Issued File; Lost or Stolen Items.
Bank may rely upon the contents of each ACH or Check Issued File and is not responsible for detecting any Customer error contained in any ACH or Check Issued File. Customer shall be solely liable for all Losses relating to any untimely or inaccurate information contained in any Check Issued File submitted to Bank by Customer. Customer authorizes Bank to pay any Item presented that is listed in the ACH or Check Issued File and to charge the applicable Account(s) for the amount of each such Item. Customer may place a void or cancel request on an Item listed in the ACH or Check Issued File if such Item was either not issued or was listed in error, but only if the Item remains in Customer’s possession. If an Item listed in the ACH or Check Issued File is lost, missing, or stolen or otherwise cannot be accounted for, Customer must place a timely stop payment order on such Item in accordance with the terms of this Agreement. Unless Customer places a timely stop payment order on a lost, stolen or missing Item that is listed in the ACH or Check Issued File, Bank is not liable for any such Item that is paid from the Account(s).
Exception Items; Exception Reports.
Items presented to Bank that are drawn on the Account(s) and either do not exactly match, or appear to be a duplicate of, an Item included in an ACH or Check Issued File for such Account(s) (each, an “Exception Item”) will be identified by Bank and detailed in a report describing such Exception Items (an “Exception Report”). Bank will notify Customer of the availability of the Exception Report in the manner indicated in the applicable operational instructions, then Customer can review the Exception Report and provide instructions as to how to disposition such Exception Items. Customer’s failure to receive notice regarding availability of the Exception Report for any reason does not relieve Customer of its responsibility to make the appropriate Pay Request or Return Request by the Cutoff Time as described below.
(d) Decisioning Exception Items; Default Selections.
Bank will pay (and charge to the Account(s)) or return (to the bank of first deposit) each Exception Items pursuant to Customer’s instructions. Customer may either instruct Bank to “Pay Request” or to “Return Request” for each Exception Items. Customer will also designate one of the following default selections for all Exception Items: (i) “Return Default,” meaning that Bank will return all Exception Items automatically to the bank of first deposit; or (ii) “Pay Default,” meaning that Bank will pay all Exception Items drawn on the Account(s) and charge Customer’s Account(s) for the amount of such Exception Items. Customer’s default selection of “Pay Request” or “Return Request” will apply to all of Customer’s Accounts enrolled in the Service, regardless of how many Accounts Customer maintains. If the Return Default option is selected, Bank will return to the bank of first deposit any Exception Items drawn on the Account(s), unless Customer issues a timely Pay Request to Bank relating to any particular Exception Items in the manner prescribed in the applicable operational instructions. If the Pay Default option is selected, Bank will pay and charge to Customer’s Account(s) any Exception Item drawn on the Account(s), unless the Customer issues a timely Return Request to Bank relating to any particular Exception Item in the manner prescribed in the applicable operational instructions. If Customer does not issue a Pay Request or Return Request by the Cutoff Time specified in the applicable operational instructions, Bank will use the default option as specified by Customer.
(e) Cutoff Time; Errors.
Bank shall not be obligated to comply with any Pay Request or Return Request received after the Cutoff Time, or in a format, medium, or place not designated in the applicable operational instructions, and shall be entitled to treat such a Pay Request or Return Request as though it had not been received by Bank. Customer assumes full responsibility for the timely and accurate submission of Pay Requests and Return Requests to Bank. Bank may rely upon Customer’s Pay Request and Return Request and is not responsible for detecting any Customer error contained in any Pay Request or Return Request sent by Customer to Bank. Customer shall be solely liable for all Losses relating to any untimely or inaccurate Pay Requests or Return Requests.
(f) Encoding Errors.
If the bank of first deposit has not properly encoded the information on an Item: (i) there could be a delay between when the Item is presented to Bank and when it is posted to Customer’s Account and processed through the Service; (ii) the Item could be incorrectly identified as an Exception Item or as a match for an Item in the ACH or Check Issued File; and/or (iii) there could be a delay in processing the return of the Item and resulting credit to Customer’s Account, in the event Customer makes a timely Return Request or has elected the Return Default option. Customer acknowledges that Bank is not responsible for encoding errors made by the bank of first deposit and will not be liable for any Losses resulting from delays in processing or returning any such Item through the Service or in crediting Customer’s Account for the returned item, or from improper processing of any such Item through the Service.
Section 5. LIMITATION OF LIABILITY AND INDEMNIFICATION
Any item that we return in accordance with the terms of this Agreement will be deemed to be not properly payable. Any item drawn on the Account that you authorize us to pay in accordance with this Agreement will be paid without performing any other Item verification procedures. You hereby agree that, once you have authorized the payment of an Item against the Account utilizing the Service, we will have no liability whatsoever for paying the item, regardless of whether or not the item was validly issued or authorized by you and whether or not we have performed any additional verification procedures for the item(s). You (i) agree to indemnify and hold the Bank harmless from any losses or liabilities it may suffer or incur as a result of us returning or paying an Item or other debit transaction against the Account based upon your Pay/Return Decision, and (ii) release and forever discharge the Bank, its officers, directors, employees and agents, from any and all manner of action or actions, suits, claims, damages, judgments, levies, executions, expenses, costs, interest, attorney’s fees and legal expenses, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which you have, may or shall have or claim to have against the Bank regarding or relating to the payment or return of any item pursuant to the provisions of this Agreement.
(a) Wrongful Dishonor.
Notwithstanding anything herein to the contrary, Bank shall have no liability to Customer for wrongful dishonor when Bank, acting in good faith, returns an Item if: (i) Bank reasonably believed the Item was not properly payable; (ii) there are insufficient Available Funds on deposit in the Account(s); (iii) Bank is required to do so by Applicable Laws; or (iv) Bank acted in accordance with Service Terms, including acting upon any Return Request, Return Default option or “Do Not Pay and Return” request submitted by Customer (irrespective of whether such request was submitted erroneously), in which case such dishonor shall be proper, and Customer waives any right Customer may have to assert that the return was improper.
(b) Management of Authorized Users.
It is the sole responsibility of the Company to notify the Bank in writing of any changes in the employment status or job duties of any/all authorized individuals that maintain any level of access, included but not limited to, sign-on credentials for user access to the Service. Company may contact the Today’s Bank by phone at (479) 582-0700 or by mail: P.O. Box 1807, Fayetteville, AR 72702, or by e-mail at onlinebanking@todaysbank.com.
(c) Improper Payment.
Bank shall have no liability to Customer for paying an Item if Bank acted in accordance with these Service Terms, including acting upon any Pay Request, Pay Default option or “Pay” request submitted by Customer (irrespective of whether such request was submitted erroneously), in which case such payment shall be proper, and Customer waives any right Customer may have to assert that the Item was not properly payable.
(d) Over-the-Counter Items, Items with Encoding Errors.
In no event shall Bank be liable for any Losses incurred by Customer arising out of or related to: (i) any Item paid over-the-counter if, at the time the Item was reviewed by the teller, it did not appear as an Exception Item; (ii) any Item not paid over-the-counter because it appeared to be an Exception Item when the Item was reviewed by the teller; (iii) any Item paid over-the-counter on any day for which Customer requested Bank to remove the Service; or (iv) any delay in processing or returning an Item or improper processing of an Item through the Service due to an encoding error made by the bank of first deposit.
(e) Assignment of Claim.
If Customer suffers Losses in connection with the Service, Bank assigns to Customer any claim that Bank has against a depository or collecting bank to recover the loss, including any claim for breach of warranty under the applicable provisions of Article 4 of the UCC.
Section 6. Warranties.
YOU UNDERSTAND THAT THE BANK DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE BANK’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OF MAINTENANCE OF MY COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
Section 7. Severability.
Should any part of this Addendum be held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
Section 8. Addendum.
By enrolling in Positive Pay, using Positive Pay or allowing anyone else to use Positive Pay as an authorized user on your behalf, you agree to be bound by all provisions of this Addendum, all our instructions and requirements concerning Positive Pay and all legal terms and conditions contained on our website or in any Positive Pay documentation.
PRIVACY POLICY
What Does Today's Bank Do With Your Personal Information?
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Why? |
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. |
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What? |
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
When you are no longer our customer, we continue to share your information as described in this notice. |
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How? |
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information, the reasons Today's Bank chooses to share, and whether you can limit this sharing. |
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Reasons We Can Share Your Personal Information |
Does Today's Bank Share? |
Can You Limit This Sharing? |
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For our everyday business purposes – |
Yes |
No |
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For our marketing purposes – |
No |
We don't share |
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For joint marketing with other financial companies |
No |
We don't share |
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For our affiliates’ everyday business purposes – |
No |
We don't share |
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For our affiliates’ everyday business purposes – |
No |
We don't share |
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For our affiliates to market to you |
No |
We don't share |
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Questions? Call (800) 945-0073 or go to todaysbank.com |
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What We Do |
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How does Today's Bank protect my personal information? |
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate. |
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How does Today's Bank collect my personal information? |
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. |
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Why can’t I limit all sharing? |
Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. |
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Definitions |
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Affiliates |
Companies related by common ownership or control. They can be financial and non-financial companies. Today's Bank does not share with affiliates. |
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Non‑Affiliates |
Companies not related by common ownership or control. They can be financial and non-financial companies. Today's Bank does not share with non-affiliates. |
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Joint Marketing |
A formal agreement between non-affiliated financial companies that together market financial products or services to you. Today's Bank does not jointly market. |
Copyright © 2024, Today’s Bank. All Rights Reserved.
Today’s Bank, Member FDIC and an Equal Housing Lender
JH DIGITAL BANKING TERMS OF USE
The primary provider for the online and/or mobile banking service you are using (the "Service") is Jack Henry & Associates, Inc. (the "JH", "we" or "us"). By enrolling in our Service, you agree to these terms of use (the "Agreement"). Please read this Agreement carefully before using the Service. The Service includes the Software and the App as defined below. This Agreement applies to both the consumer version of the Service and App ("Banno") and the business version of the Service and App ("Banno Business").
By enrolling in, accessing or using the Service, you agree to be bound by this Agreement and all of its terms without change. This Agreement is between JH and you, the user. If you are using Banno Business on behalf of a company or other organization, such company or organization will also be considered a party to this Agreement and you represent and warrant that you have the authority to bind such company or organization to this Agreement. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.
General.
JH is not the provider of any of the financial services available to you through the Service and JH is not responsible for any of the materials, information, products or services made available to you through the Service. You acknowledge and agree that JH is the owner of all right, title and interest in the online and/or mobile technology solution made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates or versions, regardless of the media or form in which they may exist (together, the "Software").
You may not use the Software unless you have first accepted this Agreement. Subject to the terms and conditions of this Agreement, we grant you a subscription to use the Software (in machine readable object code form only) in accordance with this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution’s services made available via the Software. This is not a sale or license of the Software. All rights not expressly granted to you by this Agreement are reserved by JH. Nothing in this Agreement will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This subscription may be terminated at any time, for any reason or no reason, by you or JH. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or are otherwise in your possession or control. You will not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software;(v) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; or (vi) use the Software to train any generative artificial intelligence application. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. You agree to use the Service, the App and the Software in compliance with applicable laws and for your own personal use only or, if you are a subscriber of Banno Business, only for your use on behalf of your business or organization for its internal business purposes.
(ii) Privacy.
JH may access personal information while you use the Service. JH may access records held by your financial institution for such information as your phone number, home address or email address. JH will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, JH will use the phone number to pre-populate forms that expect a personal phone number for contacting you. If you grant permission to use your device’s location, JH will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, JH will use that information to add an image to a transaction, to attach a document to chat, and add a photo to your profile. If you grant permission to use a camera, JH will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. Our privacy practices regarding your personal information can be found in our privacy policy located at https://www.jackhenry.com/privacy-policy (the "JH Privacy Policy"). If you are a subscriber of Banno Business, business-to-business exceptions in certain privacy laws may apply to your information. In addition to the JH Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services and products, including such information that may be gathered through use of this Service, such as the "Account Information" and "Registration Information" described below. A copy of that privacy policy is available from your financial institution. In the event of conflict between the JH Privacy Policy and your financial institution’s privacy policy, your financial institution’s privacy policy will control. Under applicable privacy laws, you may have certain rights such as the right to collect your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Please see your financial institution's privacy policy if you wish to make any requests under these rights. JH acts as a processor or service provider to its financial institution customers who act as controllers of your personal information and are primarily responsible for handling such requests. We will cooperate with any privacy rights requests we receive from your financial institution. If you use the Service to make bill payments or engage in transactions with other companies, those companies should also have a privacy policy that addresses the use of your personal information and your privacy rights.
(iii) Source of Information.
The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information ("Account Information"). JH does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
(iv) Your Responsibility for Information.
You are responsible for providing JH with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately. Text messaging services may be provided by your financial institution. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g., mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.
(v) Your Account.
If you use the Service, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your Account or password. Make sure to log out of your Account when you are finished using the Service. If your status as a user of the Service is terminated, you will (i) stop using the Service and any information obtained from the Service, and (ii) destroy all copies of your account information, password and any information obtained from the Service. We encourage you to use strong passwords that use a combination of upper and lowercase letters, numbers and symbols, contain at least ten characters and are not used by you with other services or websites. You agree to provide accurate information when you register. You will immediately notify us of any breach of security or unauthorized use of your Account. We will not be liable for any losses or other damages caused by any unauthorized use of your Account. We may delete your Account and any data in your account at any time and move the location where we store your Account information in our sole discretion. We may suspend your Account and use of the Service at any time for any reason including any potential security threat or fraud. You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right to use, store, copy, transmit and modify any data you submit on the app and you represent and warrant to us that you have the right to provide such data.
(vi) Rights You Grant to JH.
By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to JH through the Service, you are voluntarily supplying that content to JH for the purpose of providing the Service to you. By submitting such information to JH, you represent that you are entitled to submit it to JH for use for this purpose, without any obligation by JH to pay any fees. By using the Service, you expressly authorize JH to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. JH will submit information including user names and passwords that you provide to log you into the site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is afstccessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.
(vii) Links to Third Party Sites.
The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the JH Privacy Policy is applicable only when you are on the Service or our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.
(viii) No Unlawful or Prohibited Use.
As a condition of your use of the Service, you warrant to JH that you will not use the Service for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Service automatically terminates. You will not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service. You will not republish JH content or other content from the Service on another website or app or use in- line or other linking to display such content without our permission. You will not introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service. You will not use the Service for benchmarking purposes, use another Service user's account, reverse-engineer the Service or use the Service to develop any competing product or service. You will not identify us or display any portion of the Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights or refer to JH or the Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of the Service under this Agreement, without JH’s express written consent. If you are under the age of 13, you are not permitted to use the Service.
(ix) Mobile Devices.
To use the mobile app provided with the Service (the "App"), you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You are responsible for any message and data rates from your mobile service provider when you use the App. You must comply with all rules and regulations of your mobile service provider and the mobile app store from which you download the App. If you download the Mobile App from the Apple App Store, you acknowledge and agree that this Agreement is solely between you and JH, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third-party beneficiary. If you download the App from the Google Play Store: (i) you acknowledge that the Agreement is between you and JH only, and not with Google, Inc. ("Google"); (ii) your use of App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the App.
(x) Consent to Use of Data.
You agree that JH may collect and use data and information about you, your device, system and application software, and peripherals, that is gathered through your use of the Service to facilitate the provision of software updates, product support, product enhancements and other services (if any) related to the Service. JH may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
(xi) Disclaimer of Warranty.
THE SERVICE AND THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(xii) Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(xiii) Analytics.
To assist JH in maintaining and improving this application, JH uses multiple analytics and logging platforms to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Analytics platforms generally do not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information, although they may use anonymized identifiers. The information helps JH improve the performance of this Service for you. More information on analytics services, including analytics cookies, can be found in the JH Privacy Policy.
(xiv) Dispute Resolution.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service or this Agreement will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest to you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
(xv) Miscellaneous.
This Agreement constitutes the entire agreement between you and JH concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. This Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.