Online Banking Disclosure

Before enrolling in WestStar Bank’s Online Banking Service, you must read and indicate your acceptance of the terms outlined below.

  • At Bank’s option, disclosures, records, and other information being provided to you through Online Banking will be in electronic form, and by providing this consent, you agree to the electronic format.
  • If you wish to obtain information in paper, the paper version will be mailed to you. To request a paper version, contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: Client Service Center at 1-915-532-1000 or 1-800-366-457.
  • Your consent covers all Online Banking transactions you conduct via a website, mobile application or mobile website, including without limitation, any transactions you may conduct under the Bill Payer Service, if you enroll in that service. Your consent will be effective for as long as you remain a subscriber to any of these services.
  • After you have read and indicated your consent to receive all information in electronic form, you have the right to withdraw your consent at any time at no cost to you. However, if you do, your use of the Bank’s Online Banking Service will be terminated.
  • If you wish to withdraw your consent, you must contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: Client Service Center at 1-915-532-1000 or 1-800-366-457.In order to ensure that we are able to provide you with important notices and other information from time to time, you must update us with any change in your email address.  The form to change your email address is available upon request from WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: Client Service Center at 1-915-532-1000 or 1-800-366-457.

 

Computer Requirements

Users must have a valid email address and telephone number.

To ensure a secure, optimal online banking experience, the computer you use must meet the following minimum requirements:

  • Standard PC or Mac with at least 1 GHz processor and 1GB of RAM.
  • Available browser updates applied for improved security that provide anti-virus and spyware protection.
  • Microsoft Windows Vista Service Pack (SP) 2 and 3, Microsoft Windows 7/8/10, or Mac OS X.
  • NOTE: Microsoft stopped supporting Windows XP and XP-compatible Internet Explorer (IE) in April 2014, including security updates. XP users who do not upgrade their operating systems should replace IE with Google Chrome for an up-to-date, secure internet browser.
  • Cable, Digital Subscriber Line (DSL), or Integrated Services for Digital Network (ISDN) internet connection. (Dial-up connections are not supported.)
  • NOTE: Satellite connections often have difficulty supporting encrypted, Hypertext Transfer Protocol Secure (HTTPS) applications. Since WestStar Online Banking is HTTPS-encrypted for the safety of your financial information, some satellite cable connections may exhibit slow responses.

 

Display Requirements

Desktop and laptop displays can be any height but must support at least a 1300-pixel width to avoid the need to scroll horizontally to see the entire online banking user interface.

 

Mobile Device Requirements

Your mobile device must be text messaging-enabled or must have the ability to download the WestStar Mobile Banking App or access the Internet.

 

To use the WestStar Mobile Banking App, a supported mobile device is needed. It is recommended your mobile device has the following to access the full functionality of the app:

  • 4G LTE
  • Wi-Fi
  • GPS, native mapping app, or location services
  • Rear-facing, 5 megapixel or better camera

 

Mobile devices that do not have location services or native mapping applications do not support branch/ATM functionality.

 

The following operating systems are recommended:

  • Android 5.X and later OS
  • iOS 10.x, 11.X, or 12.X or later

 

Mobile devices with the following operating systems are not compatible: iOS (versions earlier than 5.0), Android (versions older than 2.3), Windows® Phone, Blackberry®, or Kindle Fire™. Users on unsupported OS versions will still be able to access online banking via the mobile browser. Mobile browser access is minimally supported and does not offer native app features such as Mobile Deposit and Fingerprint Login/Touch Authentication.

 

If a change in hardware or software requirements is needed to access or retain information being provided to you in electronic form, we will provide you with an explanation of the revised hardware or software requirements for such access and retention. You will have the right to withdraw your consent at that time at no cost to you. If you wish to withdraw your consent, you must contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: Client Service Center at 1-915-532-1000. By providing your consent, you are confirming to WestStar Bank that you are able to access all of the disclosures, records, and other information provided to you in electronic form.

If you agree to the above terms, continue to the Online Banking Agreement listed below.

 

Online Banking Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. TO USE WESTSTAR BANK’S ONLINE BANKING SERVICES, YOU MUST REVIEW AND AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT.

 

Introduction

This document ("Agreement") sets out the terms and conditions applicable to WestStar Bank’s online and mobile banking ("Online Banking") services. As used herein, the terms  “WestStar,” "WestStar Bank," "Bank," "we," "us," or "our" mean WestStar Bank, a Texas banking corporation, and “Online Banking” means any banking service conducted online via the web, mobile application or mobile website. The accounts covered by this Agreement (the "Accounts" whether one or more) include accounts which we determine are eligible for our Online Banking services and which are maintained by any person, individual, partnership, association, corporation, or other entity (referred to as "you", "yours", or "Client", whether one or more). While this Agreement generally covers the terms and conditions relating to your Accounts with respect to transactions carried out online and through mobile devices, other documents have been provided to you, or have been made available to you, when you opened your Accounts or at other times. The terms of those other documents will also cover your Accounts unless there is a conflict between another account-related documents and this one. In a case involving Online Banking or other online or mobile transactions, the terms of this Agreement will control. In addition, if any representative of the Bank makes a statement which is in conflict with this Agreement, the provisions of this Agreement will control.


System Requirements and Passwords

To use the Online Banking service, you must have a password and the required hardware and software. You are responsible for obtaining, installing, maintaining and operating all necessary computer and mobile device hardware and software in accordance with the requirements of the providers of such equipment and the system requirements established by the Bank from time to time. You are responsible for obtaining internet and cellular services through the service provider of your choice, and you are solely responsible for paying all fees imposed by your service provider and for any problems associated with the service provided by the service provider you have chosen. You agree that all online and mobile transactions with the Bank must occur via an electronic connection (such as through an Internet server) or, in some instances where paper confirmation is necessary or appropriate, through the U.S. Postal Service. You acknowledge and agree that your online and mobile transactions at the Bank, including accessing account records, making withdrawals, giving payment instructions, etc., will be authorized and/or initiated by the use of passwords, access codes, or other such electronic identifying means as the Bank may implement from time to time (herein a "Password"). Different types of transactions may require a different Password or electronic identifier.

 

Basic Online Banking Services

The following basic features and functions may be performed by you when you use Online Banking with your password:

  • Obtain balance information on your eligible Accounts linked for Online Banking, and review the last 60 calendar days’ account transactions (from date of initiating Online Banking) for your Accounts for which information is provided on Online Banking.
  • Transfer funds among your WestStar Bank deposit Accounts as long as such accounts have been linked for access through Online Banking. Note: Not all Bank accounts are eligible to be linked for transfer via Online Banking. WestStar Bank reserves the right to limit transfer eligibility to certain types of accounts and to change such eligibility from time to time. Accounts established under any applicable state law’s Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, estate accounts or formal trust (except for Totten trust) accounts linked for Online Banking are not eligible for transfers between accounts or for making payments.
  • Note: Any transfer made from any of your savings or money market accounts by using Online Banking is a restricted transfer subject to certain limitations. Please refer to our Deposit Account Agreement for full details.
  • Make payments from certain of your WestStar Bank checking accounts to selected payees of your choice located within the United States (tax payments or payments made pursuant to court orders or fines are not allowed).

 

E-Mail

As used herein the term "E-Mail" means secure two-way electronic correspondence between you and the Client Service Center; it also means the manner by which and the facility through which, such secure electronic correspondence is transmitted and received between you and WestStar Bank within the Online Banking service. Please note that E-Mail may not be used to initiate Online Banking transactions. You may also contact us by calling (915) 532-1000 or writing to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: Client Service Center. You agree that you will not use any E-Mail feature of the Online Banking service for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. WestStar Bank shall be entitled, but is not obligated, to (1) review or retain your E-Mail for, among other reasons, monitoring the quality of service you receive, your compliance with this Agreement and the security of your Accounts, and (2) disclose your E-Mail to the same extent it may disclose other information about you or your Accounts as provided elsewhere in your Account Agreement(s). In no event will WestStar Bank be liable for any costs, damages, expenses or other liabilities incurred by you as a result of such activities by WestStar Bank. Your monthly account statement will show any transfers or payments on Online Banking, if any, that have been made to, or from, such account during the month covered by the statement.


Additional Definitions and Terms of Use

  • As used in this Agreement, the following terms have the following meanings:
    "Bill Payer" and "Bill Payer Service" means the bill payment optional service provided through Online Banking.
  • "Business Day" means Monday through Friday, excluding Bank holidays.
  • "Current Day" refers to payments or transfers which are scheduled with a current day Payment Date or Transfer Date (i.e., the payment or transfer is scheduled to begin processing the same date as the instructions are entered).
  • "Cutoff Time" means the time by which you must transmit payment instructions to have them considered entered on that particular Business Day.
  • "Electronic Payment" means a Payment made by electronic transfer through the Bank’s Bill Payer Service.
  • "Future Dated" refers to payments which are not scheduled to begin processing on the Current Day. Future Dated payments include any payment instruction entered after the Cutoff Time on any Business Day or any payment instruction entered on a non-Business Day;
  • "ID Number" means the number that we send in response to your payment instruction to confirm that your instructions have been received by WestStar Bank;
  • "Paper Draft" means a Payment made through Bank’s Bill Payer Service using a paper check rather than an Electronic Payment.
  • "Payment" means bill payment instructions you transmit for processing through Bank’s Bill Payer Service (including Pending Payments and Recurring Payments) and/or payments which have been processed through Online Banking, as the context requires;
  • "Payee" means the merchant or other person or entity to whom you wish a payment to be directed;
  • "Payment Date" means the Business Day of your choice upon which your payment will be sent and the day as of which your Transfer From Account will be debited;
  • "Pending Payment" means any payment instruction which you have ordered to be made which has not been canceled by you before the Cutoff Time on the Payment Date;
  • "Recurring Payment" means automatic recurring payments to the same Payee for the same payment amount which you can authorize for payment at certain regular intervals;
  • "Transfer" and "Transfer Service" means the transfer of funds from one Account to another Account through Online Banking.
  • "Transfer From Account" means your WestStar Bank deposit account from which Payments or Transfers will be made hereunder.


Transfer Service

To use Online Banking for Transfers, you must maintain at least two deposit Accounts with WestStar Bank, among which you may Transfer funds. You authorize WestStar Bank to charge your designated Transfer From Account for all Transfers of funds that you authorize through Online Banking. We will not be obligated to make any Transfer you may request unless there are sufficient available funds in your Transfer From Account to cover the Transfer on the date of such request. You agree that WestStar Bank may, at its option, follow your instructions to make the Transfer, even though a debit to your Transfer From Account may bring about or increase an overdraft. In the event of an overdraft to your Transfer From Account, WestStar Bank may charge any other of your accounts for the amount of the overdraft.

 

Changing or Stopping Payments

You may cancel or change any Pending Payment via Online Banking no later than the Cutoff Time on the Payment Date. Except as otherwise required by applicable law, no stop payment or similar order will be processed by Bank, either for Electronic Payments or Paper Drafts, after the Cutoff Time on the Payment Date.

 

If you desire to cancel a Future Payment or Recurring Payment, you should cancel your payment online. If for any reason you cannot access Online Banking, you may also call or write the Client Service Center at the phone number or address set forth in this Agreement. Regardless of the method used to cancel your Recurring Payment, we must receive your request three (3) Business Days or more before the scheduled Payment Date of the Recurring Payment. If you call, we may also require you to present your request in writing within fourteen (14) days after you call.

 

Stop Payments

You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cut-off time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. Our stop-payment cut-off time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop–payment are provided by law. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop-payment request may be made only by the person who initiated the stop-payment. Oral Stop Payment Orders are binding for 14 days only, unless you confirm the order with your signature (on the proper form) within the 14 day period.

 

Two Signer Accounts

Payments or transfers should not be requested from any account that requires two or more signatures. You agree not to change the account documentation to require two or more signatures until you have first notified us in writing to terminate access to such accounts. No such change will be effective as to your Online Banking service until we receive the notice and have a reasonable opportunity to act. If any account that requires two or more signatures elects to use Online Banking, you will be deemed to have removed any requirement for two or more signatures for all purposes with respect to your Accounts.

 

Online Banking Times and Cutoffs

Online Banking is available twenty-four hours a day, seven days a week, except during system maintenance periods and at such times you may experience a delay or may not be able to gain access to the system. Transfers and Current Day Payments made before the Cutoff Time will be deducted from your Transfer From Account no later than the close of business on that Business Day. All Transfers or Current Day Payments initiated on any non-Business Day or after the Cutoff Time on any Business Day, will be deducted from your Transfer From Account as of the next Business Day. The Cutoff Time for all Transfers or Payments is 3:00 p.m. Mountain Time on any Business Day. Recurring Payments which are for the same fixed amount at regular intervals will be paid by the close of business on the scheduled date of such Recurring Payments, or on the following Business Day if the regular payment day falls on a non-Business Day. In the event of a conflict between the time indicated on your computer or mobile device and WestStar Bank’s internal system clocks, the time shown on WestStar Bank’s system will prevail. Please make arrangements to transmit any instructions to WestStar Bank sufficiently in advance of the Cutoff Times to eliminate the possibility of missing the cutoff.

 

Online Banking Interruptions

If for any reason your Transfer or Bill Payer Service connection is interrupted during an online session, you should sign on to Online Banking again, check the "View Postings" window from either the transfer or pay bills screens, as applicable, to see if the payment and/or transfer instruction is displayed, and make a note of the WestStar Bank ID Number. If the payment and/or transfer instruction does not appear in the appropriate screen, it was not received by WestStar Bank and you should re-enter it.

 

Security Measures

You agree that any transaction (including, but not limited to, payment and withdrawal instructions) received by the Bank which has been initiated using your Password will be deemed to be authorized by you. The Bank’s records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to Bank and, in the absence of manifest error, will be binding and conclusive.

 

You agree to keep all Passwords, screen names, and other identifying designations confidential, to take all reasonable precautions and to make all reasonable efforts to protect the secrecy of any Password selected by you. If your Password becomes lost or known to another person, you agree to notify the Bank immediately and to immediately change your Password. The Bank may, but is not required to, confirm certain transactions using different security measures, such as a telephone call to confirm the validity of the transaction. The Bank’s use of any security measure is undertaken at the Bank’s sole discretion. The use of any measure at any time will not bind the Bank to use such method in the future. Except for transactions governed by Federal Reserve Board Regulation E, you agree to indemnify and hold the Bank harmless from any liability, cost, expense, or damages which the Bank may incur as a result of acting upon instructions or implementing transactions which bear your Password. Further, you agree that the Bank is not liable for any payment, transfer, or transaction from or to any Accounts where the payment, transfer, or transaction bears the appropriate Password.

 

In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you from time to time in connection with either our Online Banking services or products which may be accessed through our Online Banking services, and also with our rules and regulations, the license agreement of any service provider or browser utilized to access our online services and applicable state and federal laws and regulations. Bank reserves the right to terminate or suspend this Agreement and the services covered hereby, in whole or part, at any time for any reason without prior notice, except if notice is expressly required by law. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Bank may assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

Liability for Consumer Accounts

Your Liability for Unauthorized Transfers or Payments

If you permit other persons to use Online Banking or your Password, you are responsible for any transactions they authorize from your Accounts. If you believe that your Password has been lost or stolen or that someone has made payments, transferred or may transfer money from your account without your permission, notify us AT ONCE, at (915) 532-1000 or write to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: Client Service Center. If you do not do so, you could lose all the money in each of the accounts, as well as all of the available funds in any overdraft line of credit account.

If you believe your Password has been lost or stolen or that an unauthorized transfer or payment has been made from any of your accounts, and you tell us within two (2) Business Days after you discover the loss or theft, you can lose no more than $50 if someone used your Password without your permission.

If you do not tell us within two (2) Business Days after you discover the loss or theft of your Password or that an unauthorized transfer or payment has been made from any of your accounts, and we can prove we could have stopped someone from making a transfer or payment without your authorization if you had told us, you could lose as much as $500.

Also, if your account statement shows transfers or payments that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after a statement showing such a transfer or payment was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, such as a long trip or hospital stay, kept you from telling us, we will extend the time periods.

 

Our Liability

If we do not complete a transfer or payment to or from an eligible account on time or in the correct amount according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:

  • If, through no fault of ours, your account does not contain sufficient funds to make the transfer or payment and the transfer or payment would exceed any overdraft for such account.
  • If the Online Banking service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer or payment and it was evident to you at the time you began the transfer or payment.
  • For circumstances beyond our control, such as fires, floods, acts of God, power outages and the like.
  • If the Payee mishandles or delays processing or posting a payment sent by Online Banking.
  • If you failed to provide the correct Payee names or account information.
  • If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a payment.

The list of examples set out in this Section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer or payment and is not intended to list all of the circumstances where we would not be liable.

 

Liability for Business Accounts

The following provisions apply to Online Banking services you use if your account is a business account.

  • You must promptly report in writing any error in connection with any Online Banking transaction or any discrepancy between your records and any notice we send you relating to an Online Banking transaction. Unless some other provision of this agreement or another agreement provides for a shorter time, any time over 60 days is not a reasonable time to notify us of errors or discrepancies.
  • You agree to the maximum extent possible permitted by law that WestStar Bank and its officers, directors, agents, and employees will not be liable to you for any and all loss, liability, and expense (including reasonable attorneys’ fees) arising from the services performed by the Bank in connection with Online Banking services, except for those losses caused directly by our failure to exercise ordinary care or to act in good faith. You and we agree that clerical errors and mistakes in judgment do not constitute a failure to exercise ordinary care or to act in good faith. THE BANK WILL NEVER BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS (WHETHER OR NOT ANY OF THE BANK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES).

 

Error Resolution Notice

In case of errors or questions about your electronic Transfers you should call us at (915)532-1000 or write to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: Client Service Center.

If you think that your statement is wrong or you need more information about a transfer or payment listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and the account number(s) of the account(s) involved.
  • Describe the error or the transfer or payment you are uncertain about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
  • If you tell us in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days if the transfer or payment involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer or payment involved a new account) to investigate your complaint or question. If we decide to do this, we will re-credit the account in question within ten (10) Business Days (twenty (20) Business Days if the transfer or payment involved a new account) 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. Such re-crediting is referred to as a provisional re-credit. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally re-credit the account(s) that was the subject of your complaint. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

If we find there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we provisionally re-credit your account, we may take back the amount of any credit if we find that an error did not occur.

 

Cancellation of Online Banking Services

If you wish to cancel your Online Banking Services, you must notify us by E-Mail or in writing to WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: Client Service Center. Such notice will cancel Online Banking Services only, not your other banking relationships with us, and will be effective only after we have had a reasonable opportunity to receive and act upon your instructions. You are solely responsible for canceling any Future Payments and Recurring Payments at the time you cancel your Online Banking Services.

 

Bill Payer Service

If you elect to enroll in Bank’s optional Bill Payer Service as a part of your Online Banking, you will be subject to the following additional terms and conditions, which supplement your Online Banking Agreement with the Bank:


To use the Online Banking Bill Payer Service you must separately enroll and you must maintain a checking account with WestStar Bank and designate one of your eligible WestStar Bank deposit accounts as your Transfer From Account. As an Online Banking subscriber, you can arrange at your option, for the payment of your current, future and recurring bills and WestStar Bank Payments from your Transfer From Account up to a maximum of $10,000 per payment each Business Day. You may select up to 99 Payees located within the United States to pay using Online Banking, subject to WestStar Bank’s and the Payee’s approval, and subject to the following exceptions: you agree not to use Online Banking to pay Payees to whom you are obligated for tax payments or payments made pursuant to court orders or fines. The limitations stated herein are for the Bank’s protection, and may be waived by Bank at any time, in whole or in part, at Bank’s sole discretion. By furnishing us with the names and account numbers (if applicable) of the Payees you wish to pay, you authorize us to follow the Payment instructions to these Payees that we receive through Online Banking. When we receive a Payment instruction (for the current or a future date), we will send funds to the Payee on your behalf, from the funds in your Transfer From Account, either by Electronic Payment or by Paper Draft, as applicable.

 

It is your responsibility to have sufficient available funds in the Transfer From Account on the Payment Date for Payments you schedule or make. We will not be obligated to make any payment of any item unless and until there are sufficient available funds in your Transfer From Account to cover the payment on the Payment Date. If there are insufficient available funds to cover a Current Day Payment, no automatic re-presentment of the Payment will be attempted by WestStar Bank and the payment will be immediately rejected. If on the Payment Date of a Future Dated Payment there are insufficient available funds in your applicable account to complete the scheduled Payment, it will not be processed at that time, no automatic re-presentment of the Payment will be attempted by WestStar Bank, and the payment will be immediately rejected. You agree that WestStar Bank may, at its option, follow your instructions to make payments to a named Payee, even though a debit to your Transfer From Account may bring about or increase an overdraft. In the event of an overdraft to your Transfer From Account, WestStar Bank may charge any other of your accounts for the amount of the overdraft.

 

While it is anticipated that we will begin processing most transactions on the Payment Date you select, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a few days longer to be credited by your Payee to your Payee account. Therefore, you must choose a Payment Date which is at least five to eight Business Days in advance of the actual due date (not the late date) of your Payment obligation. WestStar Bank is not responsible for any late charges, finance charges, interest, fees, penalties or any other actions which may be taken by a Payee as a result of a late Payment.

 

You authorize WestStar Bank to charge your designated Transfer From Account for all payments that you authorize through Online Banking. WestStar Bank and any agent used by WestStar Bank in connection with the Online Banking service is authorized to prepare drafts drawn on your Transfer From Account and/or electronically debit your Transfer From Account for the purpose of making Payments.

 

Because your Payment instructions are transmitted to us on your computer or mobile device, the Payment will not be sent to your Payee with the Payee’s payment stub. Payments received without the payment stub are sometimes processed at a different location. Some Payees may take longer to post the payment to your account if the payment stub is not included with the payment, although federal regulations may limit certain creditors (such as credit card issuers) to a period of up to five (5) days. For this reason, WestStar Bank recommends that you contact your Payees to ensure that you have the right address and that you schedule payments in sufficient time to allow for your payment to be sent to your Payee and the payment to be posted.

 

WestStar Bank remits two types of payments on your behalf to pay your Payees through Bill Payer - Electronic Payment and Paper Draft. If your Payee is capable of receiving payments electronically through the Bank’s system, and if WestStar Bank has the electronic information, WestStar Bank will attempt to transmit your Payment electronically so that Payments are received by the Payee as quickly as possible. Payees who are not capable of accepting Electronic Payments through the Bank’s system, or for whom the Bank does not have all necessary information, will be paid by a Paper Draft drawn by WestStar Bank on your behalf. These Paper Drafts are not negotiable after 180 days. Occasionally, Paper Draft payments are not cashed by your Payee within the 180-day negotiable period. When this happens, WestStar Bank’s processor will return the funds to WestStar Bank, usually within 60-90 days of the expiration of the negotiable period, and upon receipt thereof, WestStar Bank will notify you and immediately re-credit your Transfer From Account. WestStar Bank has no liability to you, your Payee or any other party for refusing payment on any check which remains outstanding after 180 days.

 

WestStar Bank reserves the right to refuse to pay any Payee whom you may designate for a payment. The Bank will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to pay tax or court related payments or payments to Payees located outside the United States, each of which is prohibited under this Agreement.

 

Duplicate Payments entered for the same amount, Payee and Payment Date will be rejected and an error message will be displayed.

 

Bill Payer Service Fees

Bill Payer Service is free unless otherwise noted in your Account Agreement.

 

Bill Payer Cancellation

You can cancel Bill Payer Service at any time by calling or writing the Bank, at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: Client Service Center, (915) 532-1000.

 

Mobile Banking Services

This Paragraph provides additional information concerning the use of WestStar Bank's Mobile Banking Services. If there is a conflict between this section and other portions of the Online Banking Services Agreement, this section will control.

 

WestStar Bank is offering its Mobile Banking service ("Service") to its clients using compatible data-enabled equipment “Eligible Mobile Device.” An eligible WestStar Bank account and WestStar Bank Online Banking profile is required to obtain account information and make various selected transactions using an Eligible Mobile Device. WestStar Bank Mobile Banking consists of four separate services, one or more which can be selected by you:

  • Mobile Browser: Online Banking is accessible via an Eligible Mobile Device at https://netbanking.weststarbank.com/WestStarBankOnline_40/uux.aspx. The website allows you to sign on to the Service using a mobile device and to access and interact with your eligible WestStar Bank accounts.
  • Downloadable Application: The WestStar Bank Mobile Banking App can be downloaded to your mobile device and allows you to sign on to the Service using a mobile device and to access and interact with your eligible WestStar Bank accounts. Features exclusive to the app are Mobile Deposit and Fingerprint Login/Touch Authentication.
  • Text Message Banking: provides the ability to send certain text message commands to 226563 (BANKME) to obtain account balances or view account activity history concerning your eligible accounts.
  • Text Message Alerts: enables you to have text message (also known as "short message service") versions of selected WestStar Bank Alerts delivered to your cell phone or mobile device as a text Message concerning your eligible accounts.

 

Eligible Mobile Device Requirements

Your mobile device must be text messaging-enabled or must have the ability to download the WestStar Bank Mobile Banking App or access the Internet.

 

To use the WestStar Bank Mobile Banking App, a supported mobile device is needed. It is recommended your mobile device has the following to access the full functionality of the app:

  • 4G LTE
  • Wi-Fi
  • GPS, native mapping app, or location services
  • Rear-facing, 5 megapixel or better camera

 

Mobile devices that do not have location services or native mapping applications do not support branch/ATM functionality.

 

The following operating systems are recommended:

  • Android 5.X and later OS
  • iOS 10.x, 11.X, or 12.X or later

 

Mobile devices with the following operating systems are not compatible: iOS (versions earlier than 5.0), Android (versions older than 2.3), Windows® Phone, Blackberry®, or Kindle Fire™. Users on unsupported OS versions will still be able to access online banking via the mobile browser. Mobile browser access is minimally supported and does not offer native app features such as Mobile Deposit and Fingerprint Login/Touch Authentication.

 

Fingerprint Login and Touch Authentication Requirements

Fingerprint Login and Touch Authentication is a feature of the WestStar Bank Mobile Banking App.

 

Fingerprint Login is available for login authentication on the following eligible Android OS mobile devices.

  • Nexus 7
  • Google Pixel
  • Galaxy S7 line of phones and future devices

 

Touch Authentication is available for login authentication on eligible Apple iOS mobile devices.

  • iOS 9 or higher
  • iPhone 5S/6/6 Plus or newer
  • Latest generation iPad with Touch ID sensor

 

Mobile devices with Internet capabilities are susceptible to viruses. You are responsible for making sure your device is protected from and free of viruses, worms, Trojan horses, or other harmful components which could result in damage to programs, files, phones, or could result in interception of information by a third party. We are not responsible for or liable for any indirect, incidental, special, or consequential damages that may result from harmful hardware or software components on equipment or liable if sensitive information accessed via WestStar Bank Mobile Banking is intercepted by a third party.

 

We are not responsible for errors, delays, or inability to access WestStar Bank Mobile Banking caused by your device. We are not responsible for the cost of upgrading your device to stay current with WestStar Bank Mobile Banking nor are we responsible under any circumstances for any damage to your device. You agree to comply with all applicable laws, rules and regulations in relation with WestStar Bank Mobile Banking. We make no representation that content or use of WestStar Bank Mobile Banking is available for use in locations outside the United States. Accessing from locations outside of the United States is at your own risk.

 

Mobile Banking Registration

You may register for WestStar Bank Mobile Banking and select requested services directly on your Eligible Mobile Device or by first signing onto WestStar Online Banking at www.weststarbank.com using a personal computer and follow the instructions found on the website. You agree to provide true, accurate, current and complete information as requested in registering for the service. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the service. You agree not to use any personally identifiable information when providing shortcuts or creating nicknames for your eligible accounts.

 

Fees

WestStar Bank does not charge a fee for Mobile Banking. However, third party message and data rates may apply. These include fees your wireless carrier may charge you for data usage and text messaging services. Check with your wireless carrier for details regarding your specific wireless plan and any data usage or text messaging charges that may apply before subscribing to the Service. We reserve the right to start charging for this service at any time.

 

Mobile Deposit Service

Mobile Deposit Service ("Mobile Deposit" or "Service") is available to all clients, excluding Cash Manager Corporate and Cash Manager Business clients. 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. The mobile device must be capable of capturing check images and information and electronically delivering the items and associated deposit information to the 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.

 

Mobile Deposit Requirements

Mobile Deposit is a feature of the WestStar Bank Mobile Banking App. You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. To use the Mobile Deposit feature, it is recommended your eligible mobile device have a rear-facing, 5 megapixel (or higher) camera.

 

You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We 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. We are 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.

 

E-Mail Address

You agree to notify us immediately if you change your E-Mail address and that your notification will be made by following our procedures for updating personal information. You understand that the E-Mail address that we have on file for you is the address where we will send you notification of Mobile Deposit Transactions that have been accepted or rejected, any applicable notices regarding a delay in the availability of funds as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.

 

Fees

The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.

 

Eligible Checks

You agree to scan and deposit only checks as the term "check" is defined in the Expedited Funds Availability Act as implemented by Regulation CC. You agree that you will not use the Service to scan and deposit any checks as shown below:

  • Checks payable to any person or entity other than you.
  • Checks containing alteration to any of the fields on the front of the check or item, or which 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 or item is drawn.
  • Checks previously converted to a substitute check, as defined in Regulation CC.
  • Checks drawn or payable through any foreign bank or a financial institution located outside the United States.
  • Checks that are remotely created checks, as defined in Regulation CC.
  • Checks not payable in United States currency.
  • Checks dated more than 6 months prior to the date of deposit.
  • Checks that are in any way incomplete.
  • Checks prohibited by the Bank's current procedures relating to the Service or which are otherwise not acceptable under the terms of your Account Agreement.
  • Checks on which the numerical and written amount are different.
  • Checks that have been previously returned unpaid by the financial institution on which they are drawn.
  • Checks that are payable to cash.
  • Money Orders.

 

Business Days and Funds Availability

For purposes of determining the availability of funds deposited via the Service, Mobile Deposits Transaction are submitted as an electronic image and therefore not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 6:00 pm Mountain Time Monday through Friday (excluding Federal Holidays), we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day. Checks are subject to verification by WestStar Bank and may be rejected for any reason without liability to you. We reserve the right to place a hold on any check transmitted using the Service based on such factors as the length and extent of your relationship with us, transactional history, and such other factors as the Bank, in its sole discretion, deems relevant.

 

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. Our current daily and monthly deposit limit is $3,000.00 per day and $6,000.00 per month. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.

 

Image Quality

The image of a check transmitted to the Bank using the Service must consist of legible 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 in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
  • 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).

 

Endorsements

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. Your endorsement must include your signature, account number, and the words "for mobile deposit only." Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space.

 

Any loss we incur 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.

 

Receipt of Check Images

We reserve the right to reject any check image transmitted through the Service, at our discretion, without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. The mobile deposit success screen displayed after submitting a deposit in the mobile app is confirmation that the deposit has been submitted to the Bank however it does not mean that the transmission was error-free or complete, or that your Authorized Account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Account Agreement if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.

 

Rejection of Deposits

After we receive Check images and all other required deposit information from you through the Service, we 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 we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.

 

Unpaid Checks

Should you fail to produce the original check, you authorize us to deduct that amount from your account

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 e-mail address on file with us, but we 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, we 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 we 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 we may provide to you in connection with returned Checks.

 

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 we 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 (email address), or writing to (Bank physical address) or telephoning us at 915-532-1000. 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.

 

Interruption of Service

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 the closest Bank location. 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.

 

Lost Phone Policy and Limited Liability

In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

 

Storage, Security, and Destruction of Original Checks

Consumer Accounts

Upon proper clearing of funds and confirmation of your deposit from the Bank, you agree to prominently mark the check as "Electronically Presented" or "VOID" and to properly store the check to ensure that it is not presented again for payment.

  • You agree to securely store each original check that you deposit using Mobile Deposit for a period of at least thirty (30) days after transmission to us.
  • After thirty (30) days from the transmission of the original check, you agree to safely destroy the original check.
  • You will promptly provide any retained checks during the retention period to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide the check you will be liable for any unresolved claims by third parties.
  • You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.
  • You agree to never re-present the check for deposit unless directed by the Bank to do so.

 

Business Accounts

After you receive confirmation that we have received an image, you must securely store the original Check for 14 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 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then 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 represent 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 we 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, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.

 

Your Authentication Method

You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (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. We have 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 we receive 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

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. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (915-532-1000) and with written notice at WestStar Bank, Attn: Online Banking, 500 North Mesa, El Paso, TX 79901 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, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

 

Cooperation with Investigations

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of client 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.

 

Your Responsibility

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if the Service is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service.

 

WestStar provides its WestStar Mobile Banking service "AS IS" and "AS AVAILABLE" and without warranty or guarantee. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond WestStar's reasonable control including, but not limited to, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used in conjunction with the Eligible Mobile Device you use to access the service, or any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. The Bank, its affiliates or a Licensor shall not be liable for any claim arising from or related to the WestStar Mobile Banking service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event will the Bank or any affiliate, third party service providers or Licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the WestStar Mobile Banking service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

 

Miscellaneous Provisions Waivers

The Bank has the right to waive any of its rights under this Agreement at any time without obligating itself to treat future situations in the same manner.

 

Governing Laws

All the Bank’s actions relating to the Accounts, including but not limited to this Agreement will be governed by the laws and regulations of the State of Texas and the United States. Any action brought in a court of law concerning the Accounts must be brought in a proper court in El Paso County, Texas. If any part of this Agreement is determined to be invalid or unenforceable such determination will not affect the remainder of this Agreement. Notices sent to the Client are effective when electronically transmitted, mailed, or delivered to Client at Client’s electronic mail address or physical address provided to the Bank. On joint Accounts, notice to any one party will be effective for all.

 

Amendments

The Bank may amend this Agreement and other conditions under which your Accounts operate, including but not limited to the imposition of fees or the change in any fees currently listed in its schedule of fees. You authorize us to charge any one of your Accounts for the fees. If required by law, notice of the change in this Agreement or in the applicable fees will be given to you at least thirty days prior to the effective date of the change. By continuing to use your Accounts after the date of any change, you agree to be bound by the changes.

 

Limitation of Liability and Indemnification

EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANOTHER DOCUMENT GOVERNING YOUR ACCOUNT, AND UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, BANK SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY ARISING IN ANY WAY OUT OF BANK’S ONLINE BANKING OR OTHER ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF BREACH OR FAILURE OF ANY SECURITY SYSTEMS, LACK OF ACCESS TO THE ONLINE BANKING SERVICES, ANY FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER OR MOBILE DEVICE HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS OR CELLULAR SERVICE, PROBLEMS WITH INTERNET/MOBILE SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, TELEPHONE SERVICE OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND BANK’S CONTROL. BANK’S ONLINE BANKING AND OTHER ONLINE AND MOBILE SERVICES ARE PROVIDED "AS IS." WE DO NOT MAKE ANY WARRANTIES CONCERNING THE ONLINE BANKING SERVICES, THE EQUIPMENT, THE SOFTWARE, THE BROWSER OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF BANK ONLINE BANKING OR OTHER ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BANK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER OR NOT THE CLAIM IS BASED UPON CONTRACT OR TORT OR WHETHER THE BANK SHOULD HAVE KNOW THE LIKELIHOOD OF SUCH DAMAGES UNDER THE CIRCUMSTANCES.

 

Except to the extent that we are liable under the terms of this Agreement or another document that governs your Accounts, you agree to reimburse the Bank for any damages, losses, liabilities, expenses, and fees, (including, are not limited to, attorney’s fees) that the Bank incurs in connection with your Accounts.