Online Services Agreement and Disclosure
We suggest you carefully read this document and print a copy for your records. Once you have completely reviewed the information contained herein, click “I Accept” to signify your agreement and to begin taking advantage of the many benefits of online services.
This Agreement including, as applicable, the signature card, rate and fee schedule, Truth in Savings disclosures, Funds Availability Policy Disclosure, Electronic Funds Transfer Agreement and Disclosure, the Online Statement Delivery Service, and other instructions and the terms and conditions contained herein relating to specific Services that may be provided in connection herewith (collectively, this “Agreement”), governs the use of the Lemont National Bank Online Banking Service, Lemont National Bank Mobile Banking Service, including the terms and conditions of the Bill Pay Service, and the Online Statement Delivery Service. This Agreement is made and entered into by and between Lemont National Bank ("Bank") and each person (i) who signs Lemont National Bank's signature card for the Account, (ii) who is referenced on the Lemont National Bank's records as an owner of the Account, or (iii) who is referenced on Lemont National Bank's records as an owner of the Account ("Customer," also referred to as "you"). Each Customer is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if the Customer did not participate in the transaction that resulted in the overdraft.
2. GENERAL TERMS APPLICABLE TO ALL USERS.
The terms and conditions of any deposit Account, rules and regulations, schedule, signature card, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer and any subsequent amendments to any of the foregoing, are incorporated herein by reference. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. The terms and conditions of this Agreement may be modified or amended by Lemont National Bank upon written notice sent to you or by posting to the Web Site and sending you an Alert Notice or similar written notice thereof. Your continued use of the Service after such notification of change shall be understood as your agreement to be bound by all such changes. The Electronic Funds Transfer Act governs some of the transactions permitted under this Agreement and some terms and conditions included in the Agreement are required by this Act.
3. ELECTRONIC CONSENT TO THE SERVICE.
By accepting the electronic version of this Agreement, you agree that the Bank may make agreements with you concerning the Service through electronic means. All agreements entered into by electronic means will be deemed valid, authentic, and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to the Bank. You further agree that electronic copies of your Online Delivery account statement are valid as “originals” and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service. By executing this Agreement, and accepting the terms and conditions of this Agreement, you represent and warrant that you are authorized to do so on behalf of all Owners for the Designated Accounts.
4. ACCOUNT REQUIREMENTS.
To subscribe to the Online Banking Service, you must maintain at least one eligible Account with the Bank which may include the following types of Accounts: checking account, savings account, money market account, mortgage, certificate of deposit, Individual Retirement Account, and loan or line of credit ("Accounts"). The Service will allow you to access more than one Account, to view Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts (only checking accounts), send electronic mail to Bank and receive electronic mail from Bank. Additional services may be included in an update to this Agreement or in other separate agreements to notify you of the existence of any new services available through Online Banking. By using these services when they become available, you agree to be bound by the terms and conditions contained in this Agreement or separate agreements covering these additional services. Bank reserves the right to refuse to open an Account or to deny Customer the ability to access the Service, to limit access or transactions or to revoke a Customer's access to Service without advance notice to Customer.
5. SERVICE ACCESS.
The Service is accessed through an electronic device and network connection to electronically connect with banking information and services that allows you to view Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts, send secure electronic mail to Bank and receive electronic mail from Lemont National Bank and select the E-statement delivery method. You may generally access certain Accounts through the mobile browser and receive certain information through text messaging under this Service, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet access services. Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible for a reasonable period on a daily basis for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. We may modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of fees you have paid. The Bank may change the terms and conditions of this Agreement from time to time upon written notice sent to you or by posting to the Web Site and sending you an Alert Notice or similar written notice thereof to conform with changes or advancements in our services, or as required by law or regulation. Use of Online Banking after the effective date of such changes will constitute your consent to the changes. You must log on to Online Banking at least once every 90 days. Failure to do so may result in your Account being removed from the Service, at which point you will have to re-enroll in Online Banking to regain access to the Service.
6. SECURITY PROCEDURE.
You understand that the Lemont National Bank has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to the Bank by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedure includes (i) a user name and password (“Access Codes”), and (ii) encryption. The use of the Access Codes, in addition to other authentication methods described below, is a security procedure established by the Bank to authenticate the identity of the person attempting to gain access to the Service. The security procedure is not designed for the detection of errors. We may require you to change your Access Codes from time to time for security reasons. You should keep your Access Codes in a secure location. Any person having access to your Access Codes will be able to access these Services and perform all transactions, including reviewing Account information and making Transfers to other Accounts and to other persons. You are responsible for safeguarding the Access Codes. Providing these Access Codes to another person effectively constitutes a grant of authority to access your accounts. You agree to comply with the “Security Procedures” and any other Security Procedures Bank directs you to use, and you acknowledge and agree that the Security Procedures, including (without limitation) any user name, password, personal identification number, user identification technology, token, certificate, layered security, or other element, means, or method of authentication or identification used in connection with a Security Procedure (“Security Devices”), constitute commercially reasonable security procedures under applicable law for the initiation of the Services you utilize, including without limitation, transfers and access to confidential information. You authorize us to follow any and all instructions entered and transactions initiated using applicable Security Procedures unless and until you have notified us, according to notification procedures prescribed by us, that the Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction or instructions using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction or instruction notwithstanding any particular designation by you of authorized persons or signature requirements identified on any signature card or other documents relating to this Agreement or your deposit account maintained with Bank, and you agree and intend that the submission of transactions and instructions using the Security Procedures shall be considered the same as your authorized written signature in authorizing us to execute such transaction or instruction. You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of such Security Procedures, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by you, to the fullest extent allowed by law. You further acknowledge and agree that the Security Procedures are not designed to detect error in the transmission or content of communications or transaction initiated by you and that you bear the sole responsibility for detecting and preventing such error.
7. KEEPING YOUR ACCOUNT INFORMATION SAFE.
Bank employs advanced encryption technology to protect client information by preventing unauthorized users from accessing data during sign on or usage of Lemont National Bank Online Banking.
8. PROTECTING YOUR PRIVACY.
Keeping your financial information secure and confidential is one of Bank’s most important responsibilities.
9. CUSTOMER RESPONSIBILITIES.
Your use of Lemont National Bank’s Online Banking confirms your agreement to and understanding of the terms and conditions contained herein. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential. Bank requires you to:
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING ID OR PASSWORD
If you believe your Internet Banking ID or Password or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 630-257-3000 or write to us at:
Lemont National Bank
Immediately contacting us by phone is the best way of reducing your possible losses, since not all mail may arrive at their destinations in a timely manner. If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:
10. BANK’S FAILURE TO COMPLETE TRANSACTIONS.
To the extent that a Service transaction is an “electronic fund transfer” under Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs:
11. CONTACT US.
If you notice any unauthorized activity in your account or believe your personal account information has been compromised, please contact Bank immediately at 630-257-3000.
12. MOBILE BANKING GUARANTEE.
We are dedicated to providing you with a safe, secure, and dependable Lemont National Bank Mobile Banking Service. You can be confident that the transactions performed using Lemont National Bank Mobile Banking will be secure and performed correctly, provided you adhere to the terms and conditions governing the service. In the unlikely event that someone establishes unauthorized access to your account through Lemont National Bank Mobile Banking Service. If your statement shows a transaction that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed, electronically transmitted, or otherwise made available 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.
13. BILL PAY SERVICE.
13.1. Terms and Conditions of the Bill Pay Service. Selection of the Bill Pay Service will enable you to make payments (either one-time or recurring payments) online from your designated checking account to third parties as you direct; and use the eBill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information. By choosing to use the Bill Pay Service in addition to the Service, you agree to be subject to the terms and conditions outlined in this document. You acknowledge and agree that the Bill Pay Service is provided by an independent third party service provider (“Provider”) as selected by the Provider and that both the Provider and the Service are subject to change from time to time without notice to you. You further acknowledge, agree, and stipulate that Provider is an independent contractor providing software and data transmission services and is not your or Bank’s agent. Neither the Bank nor the Provider is responsible for the actions or omissions of the other.
13.2. Bill Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller (typically five (5) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Deliver By date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Deliver By date that is at least one (1) Business Day before the actual Due Date. Deliver By dates must be prior to any late date or grace period.
13.3. Payment Authorization and Remittance. By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives. When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds or send a consumer check on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Provider to credit your Payment Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Pay Service. The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability and any Bill Pay Service Guarantee shall be void if the Provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
.1 If, through no fault of the Provider your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
.2 The payment processing center is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;
.3 You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
.4 Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
14. Payment Methods.
The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a consumer draft (funds remitted to the Biller are deducted from your Payment Account when the consumer draft is presented to Bank for payment).
15. Payment Cancellation Requests.
You may cancel or edit any Scheduled Payment (including recurring payments) prior to the payment being sent out. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request may be requested.
16. Stop Payment Requests.
The Provider's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Provider may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact us at 630-257-3000. Although the Provider will make every effort to accommodate your request, the Provider will have no liability for failing to do so. The Provider may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
17. Prohibited Payees.
We will not process payments on your behalf to payees meeting any of the following criteria:
.1 Designated by the Office of Foreign Asset Control as being a prohibited payee
.2 Having an address outside of the United States (except for APO)
.3 Court-ordered payments such as alimony, child support, speeding tickets, etc.
.4 Tax entities
.5 Collection agencies
18. eBill Delivery and Presentment.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Pay Service's electronic eBill options, you also agree to the following:
.1 Information provided to the Biller. The eBill Pay Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
.2 Activation. Upon activation of the electronic bill feature the eBill Pay Service may notify the Biller of your request to receive electronic billing information. The date of presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic ebill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
.3 Authorization to obtain eBill Data. Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
.4 Notification. The eBill Pay Service will use reasonable efforts to present all of your electronic bills promptly. In addition to notification within the eBill Pay Service, the eBill Pay Service may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the eBill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
.5 Cancellation of Electronic Bill Notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The eBill Pay Service will notify your electronic Biller(s) as to the change in status of your account but it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
.6 Non–Delivery of electronic bill(s). You agree to hold the Provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
.7 Accuracy and Dispute of Electronic Bill. The Provider is not responsible for the accuracy of your electronic bill(s). The Provider is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
19. Exclusions Of Warranties.
THE BILL PAY SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
20. Service Fees and Additional Charges.
Any applicable fees will be charged regardless of whether the Bill Pay Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Provider to deduct the calculated amount from your designated Billing Account, along with any additional charges that may be incurred by you. Other financial fees associated with your standard deposit accounts and other Bank services will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
21. Failed or Returned Transactions.
In using the Bill Pay Service, you are requesting the Provider to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Provider. In such case, you agree that:
.1 You will reimburse the Provider immediately upon demand the transaction amount that has been returned to the Provider;
.2 For any amount not reimbursed to the Provider within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
.3 You will reimburse the Provider for any fees incurred by Provider as a result of the return;
.4 You will reimburse the Provider for any fees it incurs in attempting to collect the amount of the return from you; and,
.5 The Provider is authorized to report the facts concerning the return to any credit–reporting agency.
22. Alterations and Amendments to the Bill Pay Service.
This Bill Pay Service, applicable fees and service charges may be altered or amended by the Provider from time to time. In such event, the Provider shall provide notice to you. Any use of the Bill Pay Service after the Provider provides you a notice of change will constitute your agreement to such change(s). Further, the Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Provider reserves the right to terminate this Bill Pay Service as to all such prior versions of the applications, services, and/or related material and limit access to only the Provider's more recent revisions and updates.
23. Biller Limitation.
The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
24. Returned Payments.
In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Provider.
25. Information Authorization.
Your enrollment in the Bill Pay Service may not be fulfilled if the Provider cannot verify your identity or other necessary information. Through your enrollment in the Bill Pay Service, you agree that the Provider reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Provider reserves the right to obtain financial information regarding your account from a Biller (for example, to resolve payment-posting problems or for verification).
26. CREDIT INFORMATION.
You agree to allow Provider, for the purpose of qualifying and maintaining your Accounts and Service, to the extent permitted under applicable law, to obtain information from credit reporting agencies, ChexSystems or similar agencies, as Provider deems necessary.
27. INTERNAL FUNDS TRANSFER.
Internal Funds Transfers allow you to transfer funds, make payments, or draw advances between your Lemont National Bank Accounts.
28. DAILY PROCESSING DEADLINES.
Account information displayed through Online Banking is the current information at the time the transaction takes place. Funds Transfers between Account(s) initiated on your electronic device using Online Banking Service or Mobile Banking Service, and received by Bank or its agent(s) will be effective on the current business day. Payments initiated on your electronic device using Online Banking Service or Mobile Banking Service, and received by Bank or its agent(s) by 8:00 p.m. Central Time Monday - Friday will be effective on the current Business Day. Payments processed on your electronic device using Online Banking Service or Mobile Banking Service, and received after 8:00 p.m. Central Time Monday - Friday or all day Saturday, Sunday, and Banking holidays will be effective the following Business Day.
29. FUNDS TRANSFER CANCELLATION REQUESTS.
You may cancel or edit any scheduled funds transfer (including recurring funds transfers) by following the directions within the application. There is no charge for canceling a scheduled funds transfer. Once Bank has begun processing a funds transfer it cannot be cancelled or edited.
30. ONLINE STATEMENT DELIVERY SERVICE.
The Lemont National Bank Online Statement Delivery Service (the "Delivery Service") is provided by Bank.
30.1. Service Requirements.
30.2. Online Statement Delivery.
31.TRANSMISSION AND STORAGE.
You agree and understand that:
.1 You assume all risk for the possibility that any account information you download and store in your software application may be accessed by unauthorized third parties;
.2 If you send the information in a manner that is not secure, or if you take the account information out of Bank’s secure computers by downloading it, Bank is no longer responsible for the security and confidentiality of that information, and the responsibility becomes solely yours (or may be shared with others, such as your software application provider); and
.3 Bank is not responsible for the security and confidentiality of the account information if you: (i) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded; or
32. OTHER GENERAL INFORMATION.
32.1. Electronic Mail. Electronic Mail (Secure Messages) to Bank may be delayed; therefore, if you need Bank to receive information concerning your Account immediately, you must contact Bank in person or by telephone at 630-257-3000 (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your Account). Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail. You may access Account information through the Service 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond Bank's control.
.1 Telephone us at 630-257-3000 during regular business hours;
32.4. Dispute Resolution and Limitations of Liabilities. In the event of a dispute regarding the Service, you and Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee of Bank or Customer Care Department says and the terms of this Agreement, the terms of this Agreement will prevail.
32.5. Severability. If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
32.6. Mediation. Should any dispute arise between you and Bank relating to the Account and if following the good faith negotiation of the dispute, it cannot be resolved it shall first be submitted to mediation. Mediation shall be conducted at the nearest office of the mediation organization mutually agreed upon by you and Provider.
32.7. Jury Trial Waiver. YOU AND BANK EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE ACCOUNT AS PERMITTED UNDER APPLICABLE LAW.
33. GENERAL PROVISIONS.
We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future. The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You may not assign this Agreement to any other party. Bank may assign this Agreement to any future, directly or indirectly, affiliated company. Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
36. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions and will be subject to the provisions of all applicable operating circulars of the Federal Reserve, Lemont National Bank and any other applicable provisions of Federal law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. This Agreement embodies the entire understanding and agreement between you and Bank with respect to the Service, and supersedes any prior understandings and agreements relating thereto.
37. Acceptable Use of The Service.
You agree to ensure that the Service, including email messages from the Alerts Service, will not be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Service, including the Alerts Service, to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; (iii) material or data, that is illegal, harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of any service provider involved in the provision of the Service, including the Alerts Service; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose any service provider involved in providing the Service, including the Alerts Service, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any party. You agree that you shall not attempt to (i) access the Service, including the Alerts Service, unless authorized; (ii) use or attempt to use a third party’s account; (iii) interfere in any manner with the provision of or otherwise abuse the Service, including the Alerts Service, the security thereof, or other customers using the Service, including the Alerts Service.
38. THIS AGREEMENT AMENDS AND IS IN ADDITION TO ALL OTHER AGREEMENTS.
ONLINE BANKING E-SIGN CONSENT AND DISCLOSURE
In order to register for and use the Online Banking Services, you understand and agree that you must read and accept this E-SIGN Consent and Disclosure carefully and keep a copy for your records.
We reserve the right to change our hardware and software requirements and the right to discontinue support of certain software if there is the potential for a security breach or if we can no longer support the applicable software. If we make such a change and the change creates a material risk that you will not be able to access or retain subsequent electronic records, we will provide you with a statement of (i) the revised hardware and software requirements for access to and retention of the electronic records, and (ii) your right to withdraw consent without the imposition of any fees for such withdrawal.
If you have questions about receiving Communications, need technical or other assistance concerning these Communications, please contact us by telephone at 1-630-257-3000. By consenting, you are agreeing to designate an e-mail address for use for all electronic communications from us related to any Communications. When a Communication is made available to you, we will send you a notice to the email address you designate or the mailing address in our records for the applicable Account or service and such Communication will be deemed sent and received at such time.
Account Statements – If we deliver your Account Statement to you electronically, we will be using a service to safely and securely deliver your Account Statements on-line. We will store your statements electronically for up to twelve (12) months from the date of delivery. You may print or download your statements to retain copies of them. To protect the security of your banking information, you must not disclose or share your password with any third party. In addition, your Account Statements will not be forwarded to you through e-mail. You will be notified by e-mail that they are available for you to access via the Bank’s online banking service. Should you be unable to access your Account Statement in this manner, please contact us by phone at 1-630-257-3000 and the Bank will take measures to provide copies of your statement to you.
Electronic Mail – Regular e-mail transmissions may not be secure. We, therefore, request that you do not send us or ask for sensitive information (such as personal identification, account or other financial information) via traditional e-mail systems. If you wish to send sensitive information, please contact us by phone at 1-630-257-3000 and request we send you a link to our secure e-mail system. If you send us a message using the secure e-mail system, we will receive it by the following Business Day. You agree that we may take a reasonable period of time to act on any message received. If you need to contact us on an urgent matter, for example to report an unauthorized transaction from one of your accounts, please call us immediately at 1-630-257-3000. This will ensure that your situation can be addressed as promptly as possible. In addition, when you create a User ID and Password for online access to your accounts or other online services we may offer from time to time, you agree that we may contact you by use of the secure web-site with regard to any matter, including responding to any claim of unauthorized electronic funds transfer that you make. Any such message sent to you by the Bank shall be considered received on the earlier of the date you open the message or within three days of the date sent by the Bank, regardless of whether you sign on to your e-mail within that time frame. In addition, we may, but will not be obligated to notify you via a general or public e-mail when such a message has been sent, except as may be required by law. You must notify the Bank of any change in your e-mail address by calling us at 1-630-257- 3000. If you do not provide notice of change of your e-mail address, you agree that the Bank may send all e-mail notices and other
Communications to you at the e-mail address maintained on the Bank’s records for such accounts, products, or other services or as otherwise set forth herein. By proceeding with your enrollment in Online Banking Service and by clicking the “I Accept” button below, you represent and warrant that (i) you have read and understand this E-SIGN Consent and Disclosure; (ii) you agree to accept the Communications in an electronic format, and (iii) you agree that you have the required hardware and software necessary to access the Communications and to retain a copy of such Communications.