American State Bank
Online Banking Agreement Terms & Conditions
Effective Date: January 31, 2020.
This Online Banking Agreement (this "Agreement") states the terms and conditions for electronic access to your account(s) through Online Banking (“Online Banking”) with American State Bank (the "Bank" or "American State Bank"). This Agreement should be read in conjunction with the disclosures contained in “Electronic Fund Transfers: Your Rights and Responsibilities” included with this Agreement (the “EFT Disclosure Statement”).
As used in this Agreement, "you" or "your" refers to each person(s) or entity subscribing to, using or accessing Online Banking. "We," "it," "us," or "our" refers to American State Bank and any agent, independent contractor, designee, or assignee that American State Bank may, in its sole discretion, involve in the implementation of this Agreement. When you use, or you permit any other person to use, Online Banking offered by American State Bank for electronic access to your account(s), you agree to all of the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any account(s) you have with the Bank. This Agreement is an addendum to the existing account agreement and signature card that you received and signed when you opened your account, as amended from time to time. This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). This Agreement is not intended to affect or amend any agreement or contract between you and the Bank for the provision of a particular financial product or service. The terms and conditions of the agreements and disclosures for each of your account(s), as well as your other agreements with the Bank, continue to apply notwithstanding anything to the contrary in this Agreement, and those terms and conditions, as well as the EFT Disclosure Statement, are hereby incorporated by reference into this Agreement. If there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements between us, this Agreement shall control but only to the extent necessary. In the event of such a conflict, such separate terms and conditions will govern and control with respect to the corresponding product or service.
Online Banking is not a product belonging to the Bank but is, instead, the product of various third party service providers which has been made available to the Bank's customers if they elect to accept such product. Online Banking will provide you with information regarding your account(s) at the Bank, including but not limited to, account transactions, account balances and history, remote deposit services, bank-to-bank transfers, internal account transfers, stop payments, iPay (online bill payments), and eStatements. You can also use Online Banking to report lost or stolen ATM/debit cards. Balance and activity information are available as of end of day processing of the previous business day. The Bank has no proprietary control over Online Banking and, therefore, cannot and will not guarantee its performance or suitability.
To use Online Banking, you must have at least one (1) active account at the Bank, access to Internet service, and an email address. Once the Bank has received your request for enrollment, and verified your account information, the Bank will provide you, either in person, by phone, via email or by postal mail, confirmation of the Bank's acceptance of your enrollment, along with your User ID and temporary password. Online Banking can be used to access only the account(s) which you have designated for access and have been approved by the Bank. You can request to add or delete account(s) from Online Banking by contacting a Bank representative. Access to your account(s) through Online Banking will be based upon the identification of user(s) and authority levels specified by you. You understand and acknowledge that Online Banking will be suspended in the event access to your account(s) through Online Banking is dormant for ninety (90) days or more. THE BANK UNDERTAKES NO OBLIGATION TO MONITOR TRANSACTIONS THROUGH ONLINE BANKING TO DETERMINE THAT SUCH TRANSACTIONS ARE MADE ON YOUR BEHALF. BY ACCEPTING THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THIS ONLINE BANKING AGREEMENT. THE BANK MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN THE BANK'S SOLE DISCRETION AND WILL NOTIFY YOU OF ANY SUCH AMENDMENT OR MODIFICATION IN ACCORDANCE WITH THE BANK’S NORMAL BUSINESS PRACTICES. YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF ONLINE BANKING. ANY USE OF ONLINE BANKING BY YOU AFTER ANY CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED. The Bank may discontinue the operation, maintenance or provision of Online Banking and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or to any third party.
For security purposes, you are required to change your password upon your initial login to Online Banking. American State Bank utilizes a multi factor authentication process which enhances overall security. The multi factor authentication process includes use of a watermark picture that will correctly identify access to the Bank's legitimate website and then allow you to enter a specific password you determine that meets specific requirements which are identified in Online Banking. Use of your User ID and password (the "Access Codes") is the agreed security procedure to access Online Banking. You agree that the Bank may accept as authentic and is authorized to act on any instructions received under your Access Codes. You understand that an electronically transmitted transaction using the Access Codes is not subject to verification by you and you may be solely responsible for any actions taken using the Access Codes. You acknowledge and agree that, notwithstanding the terms of any agreement to the contrary between you and the Bank, when you use Online Banking, the Bank shall have no responsibility for verifying such transactions by telephone or otherwise prior to effecting the transaction(s). You accept responsibility for the confidentiality and security of your Access Codes and agree to change your password regularly. Upon three (3) unsuccessful, consecutive attempts to login to Online Banking, your access thereto will be revoked. To re-establish your access to Online Banking, use the reset password hyperlink feature. If this feature does not allow you access to Online Banking, please contact a Bank representative to assist you. Once your account has been reactivated, you will be prompted to change your password using the same secure procedures as described in this Agreement. Your password should not be associated with any commonly known personal identification, such as social security numbers, addresses, date of birth, or names of children, and should be memorized rather than written down. The Bank also recommends that you use a complex password that is not found in any dictionary.
You understand the importance of your role in preventing misuse of your account(s) through Online Banking and you agree to promptly examine your account statement(s) upon receipt thereof. You agree to protect the confidentiality of your account(s) and account number(s), and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account(s), may allow unauthorized access to your account(s). Your User ID and password are intended to provide security against unauthorized entry and access to your account(s) through Online Banking. Data transferred via Online Banking is encrypted in an effort to provide transmission security. Notwithstanding our efforts to insure that Online Banking is secure, you acknowledge that the Internet is inherently unsecure and that data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by third parties. The Bank cannot and does not warrant that data transfers through Online Banking, or electronic mail transmitted to and from the Bank, will not be monitored or read by third parties.
CONTACT THE BANK AT ONCE if you believe your User ID and/or password have been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your account(s) without your permission. An immediate telephone call to us is the best way to reduce monetary loss from your account(s). If you notify the Bank by telephone or in writing within two (2) business days after you learn of the loss, theft, compromise, or otherwise unauthorized use of your User ID and/or password, you can lose no more than $50.00 (if a third party used your User ID and/or password to again access to your account(s) without your permission). If you do NOT contact the Bank within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your User ID and/or password, you could lose as much as $500.00. In the event your account statement shows transfers that you did not make or authorize, contact us at once. If you fail to notify the Bank within sixty (60) days after receipt of your account statement, your account may not be credited for any monetary loss you sustained for unauthorized transactions made after expiration of the sixty (60) day time period. For this purpose, you will be deemed to have provided notice to the Bank of unauthorized access to your account(s) if you took reasonable steps to provide the Bank with pertinent information concerning the unauthorized activity. Even if you are unable to provide the Bank with the account number, for example, notice will effectively limit your liability for unauthorized activity if you sufficiently identify the account in question (provided the other time deadlines are met), by giving the name on the account and the type of account. Notice in writing is considered given when received by a Bank representative. You will not receive a separate account statement for Online Banking. Transactions to and from your account(s) using Online Banking will appear on the respective account statements for your account(s). Transfers initiated through Online Banking before 6:30 p.m., Central Standard Time, on a business day are posted to your account the same day. Transfers initiated after 6:30 p.m., Central Standard Time, on a business day, or conducted on a Saturday, Sunday or a Federal Holiday, will be posted on the next business day. Online Banking identifies transfers based upon your User ID. You agree to communicate with any other person(s) with authorized access to your account(s) concerning any activity from your account(s) in order to avoid overdraft(s) and/or monetary loss. The number of transfers from your account(s) and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those account(s). 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.
ERRORS RESOLUTION: In case of errors or questions about any electronic transfers, call the Bank at 903-859-2211(toll free 866-579-7959) or write to us at American State Bank, P. O. Box 100, Arp, TX 75750. We must hear from you no later than thirty (30) days after the Bank sent the first statement on which the error appeared. In your correspondence, include the following information: (i) Your name and account number; (ii) A description of error or the transfer in question, as well as an explanation of why you believe it is an error or why you need more information; and (iii) Report the dollar amount of the suspected error. If you communicate an error or other question via telephone or in person at any branch location, we may also require that you send us your complaint or question in writing as described above within ten (10) business days after your telephone/in person notification. The Bank will determine whether an error occurred within ten (10) business days (five (5) business days for debit card point-of-sale transaction or a foreign-initiated transfer; or twenty (20) business days if the transfer involved a new account) after the Bank receives notification from you as prescribed herein. An account is considered a new account for thirty (30) days after the first deposit is made, if you are a new customer. The Bank will report the results of any investigation promptly, but not later than three (3) business days after completing the investigation, and will correct any error promptly, but not later than one (1) business day after determining that an error occurred. In the event the Bank needs more time to conduct a thorough investigation, however, we may take up to forty-five (45) days (ninety (90) days for debit card point-of-sale transaction or a foreign-initiated transfer or new account) to investigate your complaint or question. In the event an investigation is conducted as prescribed herein, the Bank will provisionally credit your account within ten (10) business days (five (5) business days for debit card point-of sale transaction or a foreign-initiated transfer; or twenty (20) days if the transfer involved a new account) for the amount you allege is in error, thus allowing you access to the money during the investigation period. If the Bank asks you to put your complaint or question in writing and we do not receive same within ten (10) business days, we reserve the right to refuse to credit your account. If the Bank determines there was no error, we will send you a written explanation of same. You may ask for copies of the documents that we used in our investigation. In addition, if the Bank determines that there was no error and your account was provisionally credited in the amount of the error, the Bank will reverse such provisional credit within three (3) business days after our determination that no error occurred. In such instance, the Bank will continue to honor checks and drafts to third parties and pre-authorized transfers for five (5) business days. If your account has Nonsufficient Funds to perform any electronic fund transfers you have requested for a given business day, then: (i) Electronic funds transfers involving currency disbursements, such as ATM withdrawals, will have priority; (ii) Electronic funds transfers initiated through Online Banking which would result in an Overdraft of your account may, at our discretion, be canceled and Nonsufficient Funds or Overdraft Fee(s) may be assessed pursuant to the terms of the deposit agreement for your account; and (iii) In the event the electronic funds transfers initiated through Online Banking which would result in an Overdraft of your account are not canceled, Nonsufficient Funds, Overdraft, and/or Overdraft Accrual Fee(s) may be assessed pursuant to the terms of the deposit agreement for your account. If the Bank, in its sole discretion, creates an Overdraft to complete a transaction authorized by you, you agree to repay the Bank immediately upon demand, together with any Nonsufficient Funds, Overdraft, and/or Overdraft Accrual Fee(s) as outlined in the Schedule of Fees, and, if necessary, the Bank’s costs of collection. However, the Bank is under no obligation to create an Overdraft for any purpose. The Bank is not liable for failing or refusing to perform any transaction which would violate this Agreement or any other agreement between you and the Bank. You agree to pay the fees and charges for your use of Online Banking as set forth in the current Schedule of Fees. You agree that any such fees and charges will be deducted from your account as applicable. If you close any account associated with Online Banking, the Bank is authorized to deduct all such fees and charges from any account(s) that you have with the Bank, regardless whether such account(s) is associated with Online Banking. You agree to pay any additional, reasonable charges for services you request which are not covered by this Agreement. You are also responsible for your personal telephone and Internet Service Provider fees you incur in connection with your use of Online Banking. You can access Online Banking seven (7) days a week, twenty-four (24) hours a day, although some or all Online Banking may not be available occasionally due to emergency or scheduled system maintenance with the Bank or your Internet Service Provider.
AVAILABLE SERVICES: You will be allowed access to Online Banking by submitting an enrollment request at any of the Bank’s branch locations. A User ID will be provided along with a temporary password.
- Account Information. You may use Online Banking to obtain balance and transaction information about your eligible account(s) registered for Online Banking. Please note that while Online Banking operates in a "real time" mode, balance information may not reflect transactions not received by the Bank, such as outstanding checks or recent debit card transactions conducted at off-line merchants. Account balances may also be subject to a hold (which may not be evident from Online Banking; however, the Bank is obligated to notify you of same, by telephone, in person or by mail). Please also note that transaction history via Online Banking is limited to your current statement cycle and previous 2 statement cycles. Accordingly, you may need to check your account statement(s) for account information prior to your current and previous statement cycles. You may download information for your eligible Online Banking account(s) into supported software formats, including but not limited to, QuickBooks or Quicken. Any links to, or downloads from, outside sources provided through Online Banking are beyond the control of the Bank's security and the Bank is not responsible for the content, operation or security of such sites on your computer.
- Funds Transfers. You may use Online Banking to transfer money between eligible account(s) you have with American State Bank. You may schedule transfers to be initiated on the current business day, on a future date, or on the same date of each month (i.e., recurring transfers), subject to the restrictions in this Agreement and other agreements between you and the Bank. While you can enter transfer information through Online Banking twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated only on business days. Funds will be deducted from the eligible account you designate on the business day on which a transfer is to be "initiated." This date is referred to in this Agreement as the "Transaction Date." If you direct the initiation of a transfer to occur on a day other than a business day, it will be initiated on the following business day. Transfers must be scheduled by 6:30 p.m., Central Standard Time, on any business day in order for the transaction to be completed on that business day. Recurring transfers are those transactions made for the same amount on a weekly, bi-monthly, monthly, etc. basis. Once initiated, recurring transfers will be processed automatically until your account(s) no longer has sufficient funds to cover the transaction, until you cancel the recurring transfer through Online Banking, until you notify the Bank to stop or cancel such transfer, or until you notify the Bank to cancel or terminate Online Banking as prescribed in this Agreement. Notify the Bank in person, in writing or by telephone three (3) business days or more before the recurring transfer is scheduled to occur in order for the Bank to process your request.
- iPay. iPay is a product offered by the Bank through Online Banking. First time users of iPay will be required to accept the terms and conditions of the iPay Agreement. Please read the iPay Agreement thoroughly, since it contains applicable rules, restrictions and guidelines related to iPay. Upon your acceptance of the terms and conditions of this Agreement, same shall become an addendum to and part of your Online Banking Agreement with American State Bank.
- iPay Bank-to-Bank Transfers. Bank-to-Bank transfers allow you to easily move money between your American State Bank deposit account(s) and your account(s) at other U.S. financial institutions.
- eStatements. eStatements are accessible through Online Banking and provide a truncated electronic account statement displayed as a PDF document. Your eStatement may include check images. The eStatement will be provided with the Bank’s official logo, and will support the ability to view, print, or save the electronic account statement as a PDF, HTML, or TXT file. To sign up for eStatements, login to Online Banking, click the “eStmt+” tab, and follow the instructions on the screen. You may also call the Bank or visit any branch location to register for eStatements.
- Stop Payment. Stop payments may be generated through Online Banking and applied immediately to your eligible account(s). If the item has already been posted to your account or a stop payment has already been placed on the item, a message will appear to notify you that the stop payment cannot be processed. The stop payment amount, date, number, and name of payee must be provided in order to process your stop payment request. Failure to furnish such information shall relieve the Bank of any liability for any payment made contrary to your stop payment request. You agree to reimburse the Bank (i) for all expenses and losses sustained from refusing payment pursuant to this order, or (ii) if by reason of such payment other checks drawn by you are returned unpaid due to insufficient funds. All stop payment requests are subject to the provisions contained in your signature card and deposit account agreement. You may stop payment on a debit entry initiated or to be initiated from your account, provided the stop payment request is entered at least three (3) business days before the scheduled date of the debit transaction. A bank may honor stop payment requests received within the three (3) business day limit prescribed above, and, if such bank honors that request, the Bank has no resultant liability or responsibility to any originator, ODFI or other person having any interest in the entry. For ARC, BOX, RCK, POP, Single-entry WEB and TEL entries, the stop payment request must be provided to the Bank at such time and in such manner as to allow the Bank a reasonable opportunity to act upon the request prior to acting on the debit entry, but in no cases less than three (3) business days. If you instruct the Bank to stop all future payments pursuant to a specific authorization involving a specific originator, the Bank may require you to confirm in writing that you have revoked the authorization given to the originator. An ACH stop payment request will remain in effect until the earlier of: (i) the withdrawal of the stop payment request by the customer, or (ii) the return of the debit entry, or where a stop payment request is applied to more than one debit entry under a specific authorization involving a specific originator, the return of all such debit entries. A stop payment request for checks/drafts will remain in effect for six (6) months after the date same is performed. A stop payment request for checks/drafts may be renewed for an additional six (6) month period if presented to the Bank during the period in which the stop payment is in effect. A fee will be assessed by the Bank in connection with any stop payment, as stated in the Schedule of Fees.
- ATM/Debit Card. You have the ability to report your ATM and/or debit card(s) lost or stolen. Applicable fees as disclosed at account opening in the Schedule of Fees may apply and may be deducted by the Bank immediately from your account.
- Mobile Banking. You have the option to elect Mobile Banking through Online Banking, which is compatible with any web-enabled mobile phone that supports WAP browsers. Mobile Banking supports all account types including checking, certificates of deposit, money market accounts, and loans. You are allowed to view balances and transaction history, transfer funds, set up payments and access iPay. You also have the availability to receive SMS text messages as confirmation of processed payments or receive personal alerts.
- Customer Service. Answers to Online Banking frequently asked questions can be found on the Bank's website, asbtx.com. Additionally, you may communicate with American State Bank by utilizing the “Contact Us” link shown on the Bank’s website using a personal computer to send and receive written messages electronically. This method of communication is effective for requesting additional information, asking questions, making comments and suggestions, and communicating other miscellaneous items. EMAIL IS NOT A SECURE METHOD OF COMMUNICATION. CONFIDENTIAL AND/OR SENSITIVE INFORMATION SHOULD NOT BE COMMUNICATED OVER THE INTERNET. You may also contact a Bank representative at 903-859-2211(or toll free 866-579-7959) between the hours of 8:30 a.m. and 5:00 p.m. Central Standard Time on Monday through Friday (excluding Federal Holidays).
Limitations for Online Banking
- Transfer Limitations. Except as provided herein, all transfers to and from an account are subject to the terms and conditions as set forth in the account agreement governing such account. With respect to non-transaction account(s) including money market account(s) and savings account(s), Federal regulations restrict the number of covered transfers and withdrawals to six (6) per calendar month or statement cycle. A covered transfer or withdrawal is one made within the Bank or to a third party including preauthorized transfers, automatic transfers, transfers initiated by telephone or fax, transfers via Online Banking, or if made by check, draft, ACH, debit card (Point of Sale) or similar order made by the depositor and payable to third parties.
- Available Funds Required. All transfers initiated through Online Banking are subject to sufficient funds available in the affected account to cover the transfer on the Scheduled Initiation Date.
- Authorization to Charge Accounts. You authorize the Bank to charge your account(s) for any transactions initiated through Online Banking, including the amount of any transfer made through Online Banking. You authorize the Bank to transfer funds according to the instructions we receive if such instructions are received through pursuant to your Access Codes. You authorize the Bank to initiate any reversing entry or reversing file, and to debit your account(s) at the Bank in order to correct any mistaken credit entry. You understand that if a transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Your obligation to pay the amount of the transfer to the Bank shall not be excused in such circumstances. The Bank assumes no liability for the execution or failure to execute any transfer request which includes a discrepancy between the name of a person and an account number, or which is to be made from an account with nonsufficient available funds. The Bank will not be responsible for resubmitting any payment(s) for you after funds become available in an account from which a transfer was to be made.
- Termination or Suspension-Your Right to Terminate. You may cancel Online Banking at any time by notifying the Bank in person, by postal mail, telephone or fax. Your access to Online Banking will be suspended within three (3) business days of our receipt of your instructions to cancel Online Banking. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
- Bank's Right to Terminate or Suspend. You agree that the Bank may terminate or limit your access to Online Banking for any of the following reasons: (i) without prior notice, if you have nonsufficient funds in any of your account(s) (Online Banking may be reinstated, at the Bank's sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits); (ii) if you close an account and do not provide notice to the Bank within three (3) business days to register a new account for Online Banking; or (iii) upon reasonable notice to you, for any other reason at the Bank's sole discretion. The Bank reserves the right to temporarily suspend Online Banking in situations deemed appropriate by the Bank, in the Bank's sole and absolute discretion, including when the Bank believes a breach of the system security has occurred or is being attempted. The Bank may consider repeated incorrect attempts to enter your User ID and/or password as an indication of an attempted security breach. In any such event, the Bank may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring payments and other transfers that were previously authorized but not yet made. Termination or suspension of Online Banking does not affect your obligations under this Agreement with respect to occurrences before termination or for your cooperation after termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING IS AT YOUR SOLE RISK. ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE BANK MAKES NO REPRESENTATION OR WARRANTY THAT (i) ONLINE BANKING WILL MEET YOUR REQUIREMENTS, (ii) ONLINE BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF ONLINE BANKING WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ONLINE BANKING WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ONLINE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THE BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BANK OR THROUGH OR FROM ONLINE BANKING OR THE BANK'S WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT THE BANK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY HARM, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE ONLINE BANKING, (ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ONLINE BANKING, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING ONLINE BANKING, (v) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (vi) ANY OTHER MATTER RELATING TO ONLINE BANKING OR YOUR USE THEREOF. EXCEPT WHEN CAUSED BY THE BANK'S INTENTIONAL MISCONDUCT OR WANTONNESS, YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE THE BANK AND ITS SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) CAUSED BY OR ARISING FROM YOUR USE OF ONLINE BANKING, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
This Agreement and the EFT Disclosure Statement constitutes the current, sole and entire agreement between you and the Bank with respect to the use of Online Banking, and any and all prior agreements, terms and/or conditions with respect to the use of Online Banking are superseded by this Agreement. You acknowledge and agree that no practice or course of dealing between you and the Bank, nor any oral representations by any representative of the Bank, which vary the terms and conditions of this Agreement, shall constitute a modification or amendment of the terms and conditions of this Agreement. No failure by the Bank to exercise, and no delay by the Bank in exercising, any right or remedy shall operate as a waiver thereof. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable under applicable law; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement shall continue in full force and effect to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws, provisions or your actual state or country of residence, and applicable federal law. For purposes of any action or proceeding arising out of this Agreement that cannot be resolved through arbitration, you expressly submit to the jurisdiction of all federal and state courts located in the State of Texas, and agree that the Bank, in its discretion, may require that Smith County, Texas, be the venue for any legal proceedings arising out of or related to this Agreement. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper. In the event that you should have any claim or cause of action against the Bank arising out of your use of Online Banking, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred.Arbitration. The parties hereto agree that any dispute or claim arising under or related to this Agreement or its construction or any act or omission with respect to or related to any obligation arising under or related to this Agreement, including any question as to whether such dispute or claim is subject to arbitration hereunder, shall be settled by arbitration. Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator(s), including the amount of any damages suffered, will be final and binding on both parties. Each party will bear that party's own expenses in the arbitration proceedings for arbitrators’ fees, attorneys’ fees and all other costs involved. Communications between the Bank and You. Unless this Agreement provides otherwise, you can communicate with the Bank in any one of the following ways: (i) By Computer — you can utilize the Contact Us link shown on the Bank’s website using a personal computer to send and receive written messages electronically; (ii) By Telephone — you can contact the Bank by telephone at 903-859-2211 (toll free 866-579-7959); (iii) By Facsimile — you can contact the Bank by fax at 903-859-8241; (iv) By Postal Mail — you can write to the Bank at: American State Bank, P. O. Box 100, Arp, TX 75750; (v) In Person — or you may visit in person at any one of the Bank's branch locations. Consent to Electronic Delivery of Notices. 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 electronic funds transfer disclosures, may be made electronically in accordance with our eSign Disclosure by posting the notice on the American State Bank's website