"The Borrower," "we," "us," "the bank" or First
Community Bank refer to First Community Bank which provides the Service
offered under this Agreement. First Community Bank provides deposit
account and loan services (including mortgages and home equity loans).
"Business Days" are Monday through Friday, except weekdays that
First Community Bank is not open for business.
" Firewall" is a
router or an access server or several routers or several access servers
designated as a buffer between any connected public network and a
private network.
If you authorize another person to use your Access ID
and Password, that person can use the Service to perform any of the
functions that you may perform. For example, that person may view any
information or initiate any transaction on any of your Accounts to which
that person does not otherwise have access. We encourage you not to
share your Access ID and Password with other parties. You agree to
assume responsibility for all transactions initiated through the Service
with your Access ID and Password, up to the limits allowed by applicable
law. In addition, if you allow another person or business to store your
Access ID and Password on their computer, the stored information may be
at risk of unauthorized access from third parties. First Community Bank
has not authorized any outside company to request or use your Access ID
and Password for any purpose, on the Internet or otherwise. Once you are
finished with your online banking activity, you should properly exit the
Service by clicking on Log Off and Return to Home Page. You also agree
to never leave your computer unattended while accessing the Service. If
you should, a third party may be able to access your Accounts from your
terminal without ever needing to use your Access ID and Password.
If you believe your Password has been lost or stolen,
call First Community Bank immediately at (800) 645-5739, 8:00 AM to 5:00
PM, Monday through Friday. Contacting First Community Bank via telephone
is the best way of minimizing your losses. You may also restore the
security of your Service by changing your Password. If you believe your
Password has been lost or stolen and you tell us within 2 business days
after you learn of the loss or theft, you can lose no more than $50 if
someone uses your Password to conduct unauthorized electronic funds
transfers. If you do NOT tell us within 2 business days after you learn
of the loss or theft of your Password, and we can prove we could have
stopped someone from using your Password to conduct unauthorized
electronic funds transfers had you told us prior to the end of the 2-day
period, you could lose as much as $500. Also, if your statement shows
transfers that you did not make, tell us at once. If you do not tell us
within 60 days after the statement was mailed to you, you may not get
back any money lost after the 60 day period if we could have stopped
someone from taking the money had you told us prior to the end of the 60
day period.
H. Online Banking Services
You may use a variety of services offered by First
Community Bank via the Service. You may sign up for or cancel any
service by contacting First Community Bank. As used in this Agreement,
the term "electronic fund transfer" has the meaning provided for that
term in Regulation E and includes, without limitation, a bank transfer
or a loan payment (other than a loan payment made by check or other
paper item), as these items are defined below.
Online Services
You may use First Community Bank Internet Banking to perform any of the
following services designated by you in the Application or subsequently
added by you as provided below:
1. Transfer funds between eligible accounts
2.
Make loan payments
3. Obtain balance information on eligible accounts
4. Review transactions on eligible accounts
5. View and print check
and deposit images
6. Obtain copies of statements on eligible
accounts
7. Receive statements electronically
8. Allow
export of transaction history to a personal financial manager software
(Money, Quicken,
etc.)
9. Change your password
10. Nickname
accounts
11. To communicate via e-mail with the Bank, all as
described in this Agreement and the
Software
12. Enroll in Bill Payment (a separate service)
You may sign up for, or cancel any service, by contacting First
Community Bank. As used in this Agreement, the term "electronic fund
transfer" has the meaning provided for that term in Regulation E and
includes, without limitation, a bank transfer or a loan payment (other
than a loan payment made by check or other paper item), as these items
are defined in Account Transfers.
Account Transfers
i. Accounts. You may use the Service to initiate electronic funds
transfers from a checking, savings or money market deposit account to
any other deposit account at First Community Bank. These types of
transactions are referred to in this Agreement as "bank transfers."
ii. Authorization. You expressly authorize
First Community Bank to debit the appropriate Account in the amount of
any bank transfer initiated through the Service by you or by any other
person whom you authorize to use your Access ID and Password. You agree
that we may treat any such bank transfer from an Account the same as a
duly executed written withdrawal, transfer, or check and that we may
treat any such bank transfer to an Account the same as a deposit, all in
accordance with the terms of this Agreement and your deposit
agreement(s) with us.
iii.
Limitations. Bank transfers between Accounts may be limited by federal
law or by the terms of your deposit agreement with us. Bank transfers
from Accounts that are savings or money market deposit accounts are
limited as required by federal regulation. For statement savings
accounts, you may not make more than 6 transfers per statement period by
preauthorized or automatic transfer or by telephone or on-line banking.
For money market accounts, you may not make more than 6 transfers per
statement period by preauthorized or automatic transfer or by telephone
or online banking, and no more than 3 of these 6 permitted transfers may
be by check, draft or debit card. You agree that we may, without notice
or other obligation to you, refuse to make any bank transfer for
security reasons or as otherwise expressly provided in this Agreement or
your deposit agreement with us.
iv.
Posting and Availability of Funds for Internet Banking. If you authorize
a bank transfer of available funds on or before 7:00 PM Mountain
Standard Time on a business day, the bank transfer will be posted the
same business day. If you authorize a bank transfer after 7:00 PM
Mountain Standard Time on a business day, the bank transfer will be
posted the next business day. Transferred funds will be available for
withdrawal on the business day the bank transfer is posted. Please note
that intervening holidays may alter the day of posting. Except as
otherwise expressly provided in this Section, transferred funds will be
available for transfer and withdrawal as provided in our Schedule of
Funds Availability.
Access to Account Information
You may use the Service to receive, download, and store
or print information regarding an Account that is routinely set forth in
the statement for the Account, debits and credits made to the Account,
amounts and item numbers for items drawn on the Account (if applicable),
and the daily Account balance (including interest credited to an Account
and finance charges accrued on a Loan). All account information provided
via the Service will be current as of the date and time that you Login.
Because the information is made available to you as "raw data" furnished
through the Service Provider and is subject to change, we cannot assure
you of the accuracy or completeness of the Account information and
expressly disclaim the same. First Community Bank will continue to send
the usual periodic statement of account to you. Please note that
adjustments may have been made to your Account in connection with the
preparation of your statement.
Electronic Mail Service
First Community Bank
has provided you with access to the First Community Bank e-mail service.
You may use the Service to send e-mails to us and to receive e-mails
from us. The First Community Bank customer support e-mail address is:
pcbank@fcbank.net
. The First Community Bank e-mail service may not be used to make
bank transfers between Accounts or to make loan payments from an
Account. E-mail’s to
pcbank@fcbank.net
are not encrypted, therefore do not enter your account number in any
e-mail correspondence to us.
E-mail transmitted by you to us often
will not be delivered to us immediately. If you need to contact us
immediately to stop payment, to report the unauthorized use of your
Access ID and Password, to report unauthorized access to an Account, or
for any other reason, you should call us at 800-645-5739 during regular
business hours. We will not be responsible for acting on or responding
to any e-mail request until we actually receive your e-mail message and
have a reasonable opportunity to act. We will attempt to notify you of
any technical difficulties or other occurrence that may affect your use
of the e-mail service by posting such notice on the First Community Bank
website.
Additional Service
First Community Bank may
introduce new services or change the scope of our services from time to
time. First Community Bank will notify you of the existence of the new
services. By using these services when they become available, you agree
to be bound by the terms, rules and other instructions that will be made
available to you concerning those new services.
I. Fees
Access to Internet Banking is currently furnished at
no charge to the customer. Currently, First Community Bank does not
charge a set-up fee for the Service. First Community Bank does not
charge for viewing your Accounts, or completing transfers to and from
your individual Accounts. You will be solely responsible for all tariff,
duties, or taxes imposed by government or governmental agency in
connection with any transfer made pursuant to this Agreement and for all
telephone charges, Internet access service charges, tools tariffs, and
other costs for online sessions initiated by you. There may be other
costs and charges associated with your accounts. Please refer to your
Deposit Account Disclosure for details.
Bill Pay (a separate service and separate agreement)
is free of charge the first two calendar months of service. Thereafter,
Bill Payment users will be assessed $5.95 each month for an unlimited
number of payments.
J. Stop Payment Rights
To stop payment on a payment to a third party
company you must contact us directly within 24 hours of entering the
payment. There will be a $25.00 stop payment charge per payment. Call
First Community Bank support at 800-645-5739 during regular business
hours to cancel your payment.
K. Errors
and Adjustments
In case of errors or
questions regarding transactions through the Service, telephone us at
800-645-5739 during regular business hours, or write us at First
Community Bank, as soon as you can if you think your statement is wrong
or if you need more information about a transfer listed on the account
statement. You may also contact us on the Web:
fcbg@fcbank.net. We must hear from you no later than 60 days after we sent the
first account statement on which the problem or error appeared. Please
provide us with (i) your name and account number (if any), (ii) a
description of the error or the transfer you are unsure about and an
explanation of why you believe it is an error or why you need more
information, and (iii) the dollar amount of the suspected error.If you
tell us orally, we may require that you send us your complaint or
question in writing within 10 business days. We will determine whether
an error occurred 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
conduct this investigation, we will credit your account within 10
business days for the amount you think is in error, so that you will
have the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in
writing and we do not receive it within 10 business days, we may not
credit your account.We will tell you the results within 3 business days
after completing our investigation. If we decide that there was no
error, we will send you a written explanation. You may ask for copies of
the documents that we used in our investigation. If a notice of error
involves an electronic fund transfer that occurred within 30 days after
the first deposit to the Account was made, the applicable time periods
for the action shall be 20 business days in place of 10 business days.
L. Settlement of Obligation
To the fullest extent permitted by applicable law, you authorize us to
obtain payment of your obligations to us under this Agreement from time
to time by (a) initiating debit or credit transfers to any of your
Accounts or (b) deducting the payment from the amount of any bank
transfer or loan payment. Such obligations include, without limitation;
fees owed to us and settlement for bank transfers or loan payments
initiated through the Service. If an Account is closed (whether by you,
by us, or otherwise), you agree that all such obligations will be
immediately due and payable to us, and you authorize us to withhold the
amount of any such obligations from any Account. Debiting an account or
deducting payment from the amount of any bank transfer or loan payment
is not First Community Bank exclusive remedy under this or any other
Section of this Agreement, and First Community Bank will not be deemed
to have made an election of remedies by making any such debit or
deduction on any one or more occasions.
M. Duty of care and Limitation of Liability for
Transfers
First Community Bank is
responsible only for exercising ordinary care in effecting transfers
upon your authorization. In no event shall we be liable for damages in
the following instances:
1. If, through no fault of ours, you do
not have enough money in your Account (or any linked account) to make
the electronic fund transfer.
2. If the electronic fund transfer
would go over the credit limit on your overdraft line.
3. If you
have not completely and properly complied with the terms of this
Agreement or instructions provided by the software regarding how to make
an electronic fund transfer.
4. If any data or instruction
transmitted via the Service is inaccurate or incomplete.
5. If
you do not initiate an electronic fund transfer according to the time
limits set forth in this Agreement or if the payment amount requested is
less than the full amount due.
6. If the electronic fund
transfer has been transferred from the Account to a third party,
including, without limitation, any third party through which payment is
made and any payee or its financial institution.
7. If the
hardware, the software, the Service Provider, or any part of the
Service, including the loan payment service, was not working properly
and you knew about the breakdown when you started your electronic fund
transfer.
8. If circumstances beyond our control such as an act
of God, failure, delay, or error on the part of any Service Provider
(including, without limitation, the online Service Provider, the United
States Postal Service or any other delivery service), power outage,
difficulty with telephone or cable lines or satellite communications, or
any technical difficulty that might prevent or delay the electronic fund
transfer.
9. If your funds are frozen or are subject to legal
proceedings.
10. If the funds in the Account are unavailable
(funds are only conditionally credited until they become available for
withdrawal).
11. If your Password has been reported lost or
stolen or if we have any other reason to believe that an electronic fund
transfer may be erroneous or unauthorized, or if you default under this
Agreement, the Account agreement, a credit agreement or any other
agreement with us, or if we or you terminate this Agreement.
12.
If you, any joint holder, or any authorized cosigner on an Account has
requested that we stop payment of the electronic fund transfer.
13. If you have exceeded the limitations on the number of withdrawals or
transfers allowed during the statement period of the type of Account you
have with us (e.g., certain types of savings accounts, including money
market deposit accounts).
14. If the Account has been closed.
15. If we do not receive the necessary transfer information from
you or any third party, or if such information is incomplete or
erroneous when received by us.
Our liability for electronic fund transfers made to
or from Accounts is also governed by our Electronic Fund Transfers
("EFT") Disclosure. If any provision herein is inconsistent with any
provision of our EFT Disclosure or any provision of applicable law that
cannot be varied or waived by agreement, the provisions of our EFT
disclosure or applicable law shall control. To the fullest extent
permitted by applicable law, you agree that we will have no liability
whatsoever for any loss, damage, or claim arising out of delay or
failure in the performance of any First Community Bank online banking
service in accordance with the terms of this Agreement, including but
not limited to those described in this Agreement, except with respect to
any provisions of the law applying to electronic funds transfer that
cannot be varied or waived by agreement. In no event will First
Community Bank be liable for any consequential, special, or punitive
damages or for any indirect loss that you may incur or suffer in
connection with the Service (even if First Community Bank has been
informed of the possibility of such damages), including, without
limitation, attorneys fees. The Service Provider is an independent
contractor and not a First Community Bank agent. First Community Bank
sole duty shall be to exercise reasonable care in the initial selection
of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED
WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY First Community Bank WITH
RESPECT TO ANY First Community Bank ONLINE BANKING SERVICE OR THE
SOFTWARE, AND First Community Bank HEREBY DISCLAIMS ALL SUCH WARRANTIES.
The only warranties are those provided by the licensor of the software
and set forth on the software package. To the fullest extent permitted
by applicable law, and without limiting the generality of the foregoing,
First Community Bank shall not be liable at any time to you or any other
person for any loss, charge, fee, penalty, expense or other damage
resulting from any failure or delay of the performance of First
Community Bank responsibilities under this Agreement which is caused or
occasioned by any act or thing beyond First Community Bank reasonable
control, including, without limitation, legal restraint, interruption of
transmission facilities, the failure of mechanical or electronic
equipment communications lines, telephone or other interconnect
problems, operator errors, log-in sequences, severe weather,
earthquakes, floods or other such events, or refusal or delay by the
Service Provider or another bank or financial institution to execute any
bank transfer or loan payment. In addition, First Community Bank shall
be excused from any failure or delay in executing a bank transfer or
loan payment, if such execution would result in the violation of any
applicable state or federal law, rule, regulation or guideline. To the
fullest extent permitted by applicable law, you agree that First
Community Bank shall not have any liability whatsoever for any loss
caused by the act, error, or omission of you or any other person,
including, without limitation, the Service Provider, any internet access
service provider, any Federal Reserve Bank or transmission or
communications facility or any intermediary or receiving financial
institution, and no such person shall be deemed First Community Bank
agent.
There may be other exceptions stated in this
Agreement and in other agreements with you. In no event shall we be
liable for damages in excess of your actual loss due to our failure to
complete a transfer or bill payment, and we will not be liable for any
indirect, incidental, exemplary or consequential damages.
N. Rejection of Payment Orders; Overdrafts
You acknowledge that First Community Bank or
the Service Provider may from time to time, in its sole discretion,
reject any bank transfer or loan payment request (any "Payment Order")
or return any bank transfer or loan payment. If a Payment Order is
rejected or a bank transfer or loan payment is returned, either First
Community Bank or the Service Provider will notify you and you will have
the sole obligation to retry the payment order in accordance with the
terms of this Agreement and the software. First Community Bank or the
Service Provider may from time to time, in its sole discretion and
without any obligation to do so, execute any payment order or make any
bank transfer or loan payment even though an overdraft to the account
results. To the fullest extent permitted by applicable law, you agree
that neither First Community Bank nor the Service Provider will have any
liability whatsoever for refusing to accept any Payment Order. Any
overdraft existing at the close of a business day is immediately due and
payable without notice or demand.
O. Other Agreements; Server Ability; Governing Law
The terms and conditions of this Agreement are cumulative with and in
addition to any terms of the signature cards or account agreements for
your Account(s), the applicable account disclosures, [the Service
Schedule, the Schedule of Funds Availability, First Community Bank
Electronic Transfer Agreement and Disclosure Statement, the agreements
governing the Credit Accounts, and the Application, all as may be
amended from time to time.] In the event of any conflict in such other
related agreements and disclosure regarding First Community Bank
obligations to you, the terms of this Agreement will control. If any
provision of this Agreement should be held to be invalid, illegal or
unenforceable, the parties agree that the remaining provisions of this
Agreement should be constructed as if such invalid, illegal or
unenforceable provision had never been contained herein. No consumer
protection provision of the Federal Electronic Fund Transfer Act of
Federal Reserve Board Regulation E is intended to be waived by you under
this Agreement unless the waiver is permitted by law. The parties agree
to be bound by the operating rules and guidelines of the National
Automated Clearing House Association and the applicable local automated
clearing house association as in affect from time to time with respect
to all automated clearing house transfers made hereunder. This Agreement
and the Service will be governed by the substantive laws of the state of
Montana, without regard to its rules regarding conflict of laws, and
applicable federal law, without regard to any different state laws that
may govern your Accounts. You agree that if there is any inconsistency
between the terms of this Agreement and any applicable law, regulation,
or rule, the terms of this Agreement will prevail to the extent any such
law, regulation, or rule may be modified by agreement.
P. Amendments
We may
amend this Agreement from time to time. We will effect each amendment by
mailing or otherwise delivering such amendment, revised agreement and
notice thereof to you in accordance with applicable federal and state
laws. If no federal or state law specifically governs the amendment, the
amendment shall be effected by mailing or otherwise delivering it to you
or posting it in our full-service branch offices at least 10 calendar
days prior to the effective date of the amendment. Notwithstanding the
foregoing and to the extent permitted by applicable law, we may change
any term of this Agreement without prior notice or obligation to you:
(a) if the software or Service Provider changes any term without
providing us sufficient notice to enable us to properly notify you; (b)
if we change our Service Provider, (c) for security reasons; (d) to
comply with applicable law; or (e) as otherwise expressly provided in
this Agreement. Your continued use of the Service after the effective
date of such revisions will constitute your acceptance of the revisions
and the revised Agreement.
Q. Termination
You agree
that we may cancel or restrict your use of the Service at any time
without notice to you if: (a) your account is past due; (b) you are not
complying with the terms of any agreements between you and First
Community Bank; (c) any of your accounts are not in good standing; or
(d) we have reason to believe that the Service has been subject to
unauthorized or improper use. We will notify you as is reasonable under
the circumstances should we terminate or cancel your access to the
Service for any other reason. You may cancel the Service by written
request to First Community Bank at any time. You should include your
name, address, whether you are discontinuing online banking, and
the effective date to stop the Service on your written request for
termination.
R. Confidentiality
We
will disclose information to third parties about your account or the
transfers you make:
To complete transfers as necessary; or
To
verify the existence and condition of your account upon the request of a
third party, such as a credit bureau or merchant: or
To comply with
government agency or court orders; or
If you give us written
permission.
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