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Millington Savings Bank Online Banking Agreement
Agreement -- This Agreement, which includes, but is not limited to, the Fee Schedule and Enrollment Form (collectively, this "Agreement"), is a contract between MILLINGTON SAVINGS BANK ("we," "our," "us" or "BANK") and each accountholder who has applied for, enrolled in and been approved for the BANK's on-line banking services and any person authorized by the accountholder to exercise control over the accountholder's funds through use of the on-line banking services, (collectively, "you" or "your"). This Agreement establishes the rules which cover your electronic access to your accounts at BANK through MILLINGTON SAVINGS BANK'S INTERNET BANKING SYSTEM ("SYSTEM"). This Agreement also describes the BANK's and your rights, responsibilities and obligations. By using SYSTEM, you accept all of the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the account agreements and disclosures for each of your BANK accounts, as well as your other agreements with BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement, and are incorporated into this Agreement by reference.
Definitions -- As used in this Agreement, the following words have the following meanings, unless the context clearly requires otherwise: "We," "our," "us," and "BANK" mean MILLINGTON SAVINGS BANK, and its successors and assigns. "You" or "your" refer to the accountholder authorized by BANK to use SYSTEM under this Agreement and any other person authorized by the accountholder to exercise control over the accountholder's funds through SYSTEM. "Account" or "accounts" means your Checking
Accounts, Statement Savings Accounts, NOW Accounts, Certificates of Deposit, IRAs, Loans or Sole Proprietor small business accounts that you have with us at BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using SYSTEM, including bill payments. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday, excluding any federal or state holidays.
Eligibility -- To be eligible to use SYSTEM, you must have at least one checking or money market account, or one statement savings account with us at BANK, access to Internet service and an email address. You also must have properly completed, and delivered an Online Banking Registration Form to us at Bank and been approved for use of SYSTEM by BANK. To be eligible for bill payment services, you also must (a) have at least one account with us at Bank which must be a Checking Account or NOW Account, (b) designate one of these accounts for access by SYSTEM as your Primary Account, and (c) request Bill Payment Service. You must also have properly completed, and submitted an Enrollment Form to us at BANK and been approved for use of Bill Payment services by BANK. You may not be eligible to use, or be able to access, SYSTEM outside of the United States of America.
You will be required to designate a Primary Account on your Registration Form. We recommend that you designate your BANK Checking Account as your Primary Account. The reason for this is that (a) all fees and charges will be deducted from your Primary Account and, if you request bill payment services, bills will be paid out of your Primary Account, and (b) certain other types of accounts have limits on the number of transfers that may be made from the account. Please see the "Fees and Charges" and "Limits on Amounts and Frequency of SYSTEM Transactions" sections of this Agreement for more information on fees and charges and limits on the number of transfers that may be made from certain types of accounts. If you do not have a Bank Checking Account, you must designate another account as your Primary Account. If you close your Primary Account, you must contact us immediately to designate another account with us at BANK as your Primary Account.
Access -- Once we have approved your Registration Form, SYSTEM can be used to access only the BANK accounts that you have designated for access by SYSTEM in your Registration Form. To access Online Banking, you will need your User ID and the Password you chose when you registered. Your accounts will be "linked" and must have one common owner and signer. You can add or delete any of your BANK accounts from this Agreement by advising us in writing of your request.
We recommend that you do not use regular E-mail to request that we add or delete a specific account. Rather, use the "Add An Account To Online Banking" or "Delete An Account From Online Banking" forms available at any BANK location.
Access to your accounts through SYSTEM will be based upon your User ID, and password selected by you. Please see the "Your User ID and Password" and "Security" sections of this Agreement for additional information on selecting your password. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made by or on behalf of the accountholder.
If you link a personal deposit account to SYSTEM and use it for business purposes, we may convert the account to a business checking account. We will send you notice of this change. Business checking accounts generally do not earn interest.
Hours of Access -- You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We will try to post notice of any scheduled extended periods of non-availability on the SYSTEM website. We are not liable under this Agreement for failure to provide access due to a system failure, system maintenance, or due to other unforeseen events. Unless otherwise required by applicable law, we may modify, suspend or terminate access to SYSTEM at any time and for any reason without notice and without refunding any fees that you have paid.
SYSTEM Services -- You can use SYSTEM to (1) check the balance of your BANK accounts; (2) view BANK account histories of up to 12 months; and (3) transfer funds between your authorized BANK accounts (but not between your authorized Bank accounts and another unauthorized account with us at BANK or with another financial institution).
If you have (a) a Checking Account or NOW Account with us at BANK, (b) designated one of these accounts for access by SYSTEM, (c) requested Bill Payment Service on your Registration Form, and were approved by BANK for Bill Payment service, you also can use SYSTEM to pay bills from your Checking or NOW Account to merchants, individuals and other parties located in the United States in the amounts and on the dates you request. The activities described in this "SYSTEM Services" section are limited to the extent noted in this Agreement and in the account agreements and disclosures for each of your accounts with us at Bank.
Please see the "Posting of Transfers," "Limits on Amounts and Frequency of SYSTEM Transactions", "SYSTEM Bill Payment Service" and "Schedule SYSTEM Bill Payment" sections of this Agreement for additional information regarding the SYSTEM Services.
Your User ID and Password -- For security purposes, you are required to enter a User ID and a password upon initial login to SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. Upon three (3) unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact us by calling us at the number set forth below and provide appropriate information for us to verify your identity.
For security purposes, we require that you create a password that is 6 to 14 characters long, which includes at least one uppercase letter, one lowercase letter, one number and one symbol. Your password
should not be associated with any commonly known personal identification information, such as your social security number, address, date of birth, or names of children, and should be memorized rather than written down. Any person having access to your User ID and password will be able to access SYSTEM and perform all SYSTEM Services, including reviewing account information , making transfers to other accounts and, if you have been approved for Bill Payment to pay bills from your authorized checking account. At no time will you be required to divulge this password to any Bank personnel.
Security -- You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your paper statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account number, password, User ID and your other personal identification information, such as your social security number. You
understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account.
Your password and User ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM
transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail or e-mail occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or email
transmitted to and from us, will not be monitored or read by others.
Fees and Charges -- You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current fee schedule. The current fee schedule, and the fees and charges for your use of SYSTEM Services, may be changed in the future upon 30 days notification to you. You agree that all fees and charges will be deducted from your Primary Account. You agree to pay any account fees and service charges that are applicable under any account agreements or disclosures for each account you have with us at Bank. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You also are responsible for any costs and fees that you incur for any hardware or software, telephone services or Internet services that you use in connection with your use of SYSTEM.
Posting of Transfers -- Transfers initiated through SYSTEM on a business day involving loan accounts are posted to your account the next business day. Transfers initiated through SYSTEM between checking and savings accounts are posted to your account immediately, unless scheduled for a future date.
Transfers completed on Saturday, Sunday or banking holiday will be posted on the next business day. Please retain the reference number provided after confirming the transfer as evidence that the transfer was successful.
Limits on Amounts and Frequency of SYSTEM Transactions -- The number of transfers from BANK accounts, and the amounts which may be transferred, are limited pursuant to the terms of the applicable account agreement and disclosures for those accounts. For example, your ability to transfer funds from a Savings Account using System is subject to the same limitations described in the account agreements and disclosures for such accounts. You should refer to your account agreements and disclosures for a description of applicable restrictions and service charges. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. We also may refuse to transfer funds from an account if sufficient funds, including funds available under any applicable overdraft plan, are not available in your account on the date on which you request transfer of funds to be made.
SYSTEM Bill Payment Service - Once approved for Online Banking, you may then complete an
application for Bill Payment service. You must designate your BANK Primary Account as the account from which the payments are to be made. We require that your Bank Primary Account be your BANK Checking Account because of the limits on transfers from certain types of accounts, as discussed in the preceding
section of this Agreement. You may establish a payee or add a payee for the SYSTEM Bill Payment Service online by using SYSTEM and following the onscreen instructions. When establishing a payee, you must accurately complete all fields. Once a payee has been established to pay a bill, you must choose the payee, choose the date you want the payment sent to the payee (not the date it should be received by the payee) and the appropriate amount of payment. You can pay bills either on an automatic, recurring basis or periodically as you request. You will have an opportunity to review this information after choosing "Schedule Payments"; if information is correct and you choose "OK", a confirmation number will be assigned for each payment which you should retain for future reference. If the date you want the payment to be processed is not a business day, your payment will be processed the next business day. By using the SYSTEM Bill Payment Service option, you agree that, based upon instructions received under your password, your Primary Account can be charged by electronic transfer, or by debiting and remitting funds on your behalf. While payments to most payees can be made using the Bill Payment Service, we reserve the right to refuse to make payments to certain payees, such as for alimony, child support, tax and other court directed or government payments, fines or penalties. Bill payments are limited to $9,999.99 each.
Scheduling SYSTEM Payments -- All payments made will be processed on the next business day. If you schedule a bill payment for a future date, we will process the transaction after the close of business on that date, if that day is a business day. Payments are only processed/mailed Monday through Friday, excluding federal and state holidays. We deduct the amount of your bill payment from your Primary Account approximately 1 to 2 days after we process your bill payment instruction. If the payee is to be paid by paper check, you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 business days after the date the payment is debited from your account. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 3 business days after the date the payment is debited from your account. If sufficient funds are not available in your Primary Account on the date a bill payment is to be made, no payment will be made. If so, you are responsible for any non-sufficient funds (NSF) charges that may apply under your account agreement and disclosures for your Primary Account.
You also understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account with the payer. If you are assessed a fee due to a late or missed payment and you believe the fee assessment is in error, you must contact Bill Payment Customer Service at 1-800-823-7555.
Changing/Canceling a Bill Payment. If certain information that you provided to us when setting up the bill payment service for a payee changes, or if you wish to cancel a bill payment to a payee that you have scheduled through SYSTEM, you may edit the payment information or delete the payment online via SYSTEM by following the onscreen instructions in the "Pending Transactions" section. If the payment is not listed, and you are unable to edit the payment information or cancel the payment, please call Bill Payment Customer Service at 1-800-823-7555, and have your Bill Payment ID number provided in the' Support' section of Bill Payment You authorize BANK to make all changes submitted by you or any other person having access to your User ID and password.
Stopping A Bill Payment - To stop the payment of a check is different from the cancellation of a Bill Payment. To stop a bill payment call Bill Payment Customer Service at 1-800-823-7555. To facilitate your request, please have available your Bill Payment ID number and the confirmation number assigned to the Bill Payment, the Payee's name, Amount of Payment and Date of Transaction.
Disclosure of Account Information and Transfers -- You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We also may provide information about your accounts to persons or companies we believe would use the information for reasonable
purposes, such as when a merchant calls to verify a check you have written. In addition, we may inform credit bureaus when accounts are closed because they were not handled properly. We also may seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to SYSTEM. You agree and hereby
authorize all of these transfers of information. We also may disclose information to third parties about your accounts if:
We have entered into an agreement to have another party provide services that allow BANK to offer Internet Banking and Bill Payment Services;
It is necessary for completing transfers and bill payments;
In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information;
If you give us your written permission.
If our policies on disclosures of account information and transfer change due to a change in applicable law or any other reason, we will provide you with notice of such changes and this section of the Agreement automatically shall be amended consistent with such changes.
Periodic Statements -- You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic paper statements for your BANK
accounts. However, up to twelve (12) months of history on your accounts will be available through the SYSTEM for your review.
Change in Terms -- We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, or if the change involves a change in telephone number and address, business days, documentation requirements, stop payment request requirements, confidentiality requirements, or error resolution procedures, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees and other terms applicable only to specific accounts are governed by the applicable account agreements and disclosures for those accounts.
If you have questions about Online Banking, including Bill Payments -- Refer to the Help Frequently Asked Questions (FAQ) on our website, or "Electronic Funds Transfer Disclosure" provided upon opening of your account.
Your Rights and Responsibilities -- You are responsible for keeping your User ID, password and account information confidential. We are entitled to act on transaction instructions received using your User ID and password, and you agree that the use of your User ID and password will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your User ID and password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked authorization and changed your password, and you are responsible for any transactions made by such person until you notify us in writing that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon your notice and the change of your password.
You should notify us immediately if you believe your User ID or password has been lost or stolen, if you believe that someone has transferred or may transfer money from your accounts without your
authorization, or if you suspect any fraudulent activity on your accounts. To notify us, please e-mail, call, or write us at the numbers/addresses provided in the "Communications between Bank and You" section of this Agreement anytime, 7 days a week. Direct your e-mail, call or correspondence to: Back Office Operations.
Federal law requires that if you believe your User ID or password has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if
someone used your User ID and password without your permission.
Please tell us AT ONCE if you believe your User ID or password have been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your accounts (plus your maximum line of credit under any available overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50 if someone used your User ID and password without your permission. If you do not tell us within two (2) business days after your learn of the loss or theft of your User ID or password, and we can prove that we could have stopped someone from using your User ID or password without your permission if you had told us, you could lose as much as $500.
If your periodic statements for your accounts show transfers that you did not make, tell us at once. If you do not tell us within 60 days after the FIRST statement showing such a transfer was mailed to you, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. Your role is extremely important in the prevention of any wrongful use of your accounts. You must promptly examine your account statement upon receipt. If you find that your records and our records disagree, you must call us immediately. In such a case, call 908-647-4000.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend these time periods.
If you think your periodic statement or any written receipt that you receive is wrong or if you need more information about a transfer listed on any periodic statement or receipt, e-mail, call or write us at the numbers/addresses provided in the "Communications between Bank and You" section of this Agreement as soon as you can. Direct your e-mail, call or correspondence to: Back Office Operations. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error
appeared. When you contact us, our representative will need to know the following information: (1) your name and account number; (2) 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 (3) the dollar amount of the suspected error. If you tell us orally or by e-mail, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If we decide that 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.
Our Responsibilities and Liability for Failure to Make a Transfer -- If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our
agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result, subject to the limitations of liability set forth in this Agreement. There are
some exceptions to our liability for processing transactions on your accounts. We will NOT be liable, for instance:
1. (1) If, through no fault of ours, you do not have enough money in your account to make a transfer. 2. (2) If a legal order directs us to prohibit withdrawals from the account, or if funds in your account
were attached or the transfer cannot otherwise be made because of legal restrictions affecting your account.
3. If your account is closed, or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
5. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
6. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for any payee on a bill payment.
7. If you have not properly followed the instructions for using the SYSTEM Services. 8. If your operating system or software was not properly installed or functioning properly. 9. If circumstances beyond our control (such as interruption of telephone service or
telecommunication facilities, or natural disaster such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
10. There may be other exceptions stated in this Agreement or in the account agreements and disclosures for your accounts with us at BANK.
Our sole responsibility for an error in a transfer will be to correct the error. Our liability also is limited as stated in the "Disclaimer of Warranty" and "Limitation of Liability" sections of this Agreement.
Disclaimer of Warranties -- You are responsible for the correct set-up and installation of any hardware and software that you use to connect to SYSTEM and for your correct use of SYSTEM. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with SYSTEM and the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. To the fullest extent permitted by applicable law, we disclaim all express and implied warranties, including without limitation the implied warranty of merchantability and the implied warrant of fitness for a particular purpose and any warranties as to non-infringement of third-party rights, in connection with SYSTEM and the SYSTEM Services and any hardware or software that you or any third-party uses to connect to SYSTEM.
Limitation of Liability -- Except as specifically provided in this Agreement, to the fullest extent permitted under applicable law, (a) you agree that neither Bank nor any officers, directors, employees, agents, contractors, service providers or affiliates of or for Bank shall be liable for any damages (whether direct, indirect, special, consequential, punitive or otherwise, whether for loss of profits, revenue, or data or any use by you or any third party, whether caused by hardware, software, system-wide failure or other cause, whether for breach of contract, tort or other theory of liability, or based on a warranty, or brought at law or in equity, and including without limitation economic, property, personal injury, death, or other loss or injury) asserted or assessed against or incurred by you or any third-party under, in connection with or by reason of the installation, use or maintenance of hardware, software or other items necessary for you or a third party to connect to SYSTEM, and (b) you agree that neither BANK, nor any officers, directors, employees, agents, contractors, service providers or affiliates of or for BANK, shall be liable for any indirect, incidental, special, consequential or punitive damages (whether for loss of profits, revenue, or data or any use by you or any third party, whether caused by hardware, software, system-wide failure or other cause, whether for breach of contract, tort or other theory of liability, or based on a warranty, or brought at law or in equity, and including without limitation economic, property, personal injury, death, or other loss or injury) asserted or assessed against or incurred by you or any third-party under, in
connection with or by reason of any services or products provided under this Agreement or in connection with or by reason of your use of or access to SYSTEM. Without limiting the foregoing limitations of
liability, BANK, and its officers, directors, employees, agents, contractors, service providers and affiliates, also shall not be liable for any computer virus or software or hardware related problems which may be attributable to software, hardware or services provided or used in connection with SYSTEM and the SYSTEM Services. Further, in no event shall the aggregate liability of Bank, and its officers, directors, employees, agents, contractors, service providers and affiliates, taken as a whole, exceed the aggregate amount paid by you for the services provided to you through SYSTEM under this Agreement, calculated as of the date the act or omission which gave rise to such liability first occurred.
Your Right to Terminate -- You may terminate your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be terminated within 3 business days of our receipt of your instructions to terminate the service. You must terminate all future bill payments, whether recurring or individual payments, when you terminate your SYSTEM service. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination. Your termination of your SYSTEM service and all future bill payments does not terminate your other relationships with BANK.
Our Right to Terminate -- You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3-business day notice, if you do not contact us to designate a new Primary Account immediately after you close your existing Primary Account.
3. Upon reasonable notice, for any other reason in our sole discretion.
4. If you do not Login to your Online Banking for 90 days your Online Banking Profile may be deleted.
If we terminate your SYSTEM Service completely, all future bill payments, whether recurring or individual payments, also will be terminated, and you will remain responsible for all outstanding fees and charges incurred prior to the date of termination. Our termination of your SYSTEM service does not terminate your other relationships with BANK, but we reserve the right to terminate your other relationships with BANK in accordance with the terms of the agreements that cover such relationships.
Communications between BANK and You -- Unless this Agreement provides otherwise, you can communicate with us any one of the following ways:
E-mail You can contact us via regular email at internetbanking@millingtonsb.com. (Please note that banking transactions through SYSTEM are not made via email.)
Telephone You can contact us by telephone at 908-647-4000 Postal Mail You can write to us at:
MILLINGTON SAVINGS BANK 1902 Long Hill Rd.
Millington, New Jersey 07946
In Person You may visit us in person at any one of our locations: Main Office 1902 Long Hill Rd , Millington, NJ 07946
Branch Offices
Riverwalk Branch
675 Martinsville Rd., Basking Ridge, NJ 07920 Dewy Meadow Branch
Martinsville Branch
1924 Washington Valley Rd. , Martinsville, NJ 08836 Bernardsville Branch
122 Morristown Road, Bernardsville, NJ 07924
Severability; Construction; Waivers; Assignment; Survival; No Other Agreements. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Online Banking Registration Form, Fee Schedule, Bill Payment Authorization and Enrollment Agreement and any other document specifically referred to herein, constitutes the entire agreement between you and BANK with respect to the subject matter of this Agreement and there are no other understandings or agreements relative to the subject matter of this Agreement.
Applicable Law. This Agreement is subject to applicable federal laws and the laws of the State of NEW JERSEY. Applicable federal laws and the laws of the State of NEW JERSEY will apply to and govern this Agreement and all claims, disputes and liabilities arising under or in connection with this Agreement (regardless of whether such claim, dispute or liability is based on breach of contract, tort or other theory of liability, or based on a warranty, or brought at law or in equity), without regard to choice of law principles. Your existing account relationships with BANK shall continue to be governed by the laws as disclosed in your account agreements.
Waiver of Jury Trial; Arbitration. You and BANK each irrevocably waive all rights to a trial by jury regarding any claim, dispute or liability arising under or in connection with this Agreement (regardless of whether such claim, dispute or liability is based on breach of contract, tort or other theory of liability, or based on a warranty, or brought at law or in equity).
You and BANK each irrevocably agree that any claim, dispute or liability between or involving you and Bank, including, but not limited to, any dispute regarding the applicability, validity or enforceability of this "Waiver of Jury Trial; Arbitration" section, shall be resolved by binding arbitration by and under the rules of the American Arbitration Association in effect at the time the claim is filed. You and BANK acknowledge that this Agreement, including without limitation this section, is governed by the Federal Arbitration Act, which is codified at 9 U.S.C. � 1 et seq., in addition to other applicable federal laws and the applicable laws of the state of NEW JERSEY. Judgment upon any arbitration award may be entered in any court having jurisdiction. BP confirm You and BANK agree that the costs of an arbitration proceeding shall be divided as follows: The American Arbitration Association filing fee, if any, must be paid by the party that initiates the arbitration proceeding. Each party shall pay their own legal fees, expert witness fees and witness fees, and associated costs. All other costs and fees shall be paid by the party who must pay the arbitration award, unless the arbitrators decide that it is not fair to do so and otherwise apportion costs and fees between the parties.
You and Bank understand that by agreeing to this "Waiver of Jury Trial; Arbitration" section, you and Bank are each giving up the right to litigate any claim, dispute or liability in court and before a jury. You and Bank understand that some of the differences between litigation and arbitration include: (a) discovery, or your ability to request information from the other party, generally is limited in an arbitration proceeding; (b) only individual claims will be arbitrated (class actions and other types of consolidated proceedings cannot be pursued in arbitration); and (c) the ability to appeal, or dispute, the decision or award of the arbitrators generally is very limited.
You acknowledge and agree that you have sought, or had the opportunity to seek, such legal advice regarding the provisions in the "Applicable Law" and "Waiver of Jury Trial; Arbitration" sections of this Agreement as you deemed necessary or advisable.
Consent to Electronic Delivery of Notices -- We may send notices, disclosures and other
communications (including, without limitation, periodic statement disclosures) to you electronically, unless we are required to provide paper disclosures to you under applicable law. You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including, but not limited to, electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM website or by email, unless we are required to provide paper disclosures to you under applicable law. You agree to notify us immediately of any change in your email address. We will comply with the requirements of applicable law in providing disclosures to you electronically.
