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Business Account Customers: By clicking "I Agree" below you are agreeing to the following:
NOTE: The Electronic Funds Transfer Agreement and Disclosure is NOT applicable to business accounts.
Throughout this Agreement, the words; American Bank, we, us, or our means, collectively American Bank, its subsidiaries and affiliates (including, without limitation American Bank and all of their respective successors or assigns), and any agent, independent contractor, designees, or assignees that we may, in our sole discretion, involve in the provision of Services. You, your, and yours each and every person who now or hereafter subscribes to or uses our services, and each and every person who now or hereafter is an account holder of, or who has an interest in, any Authorized Account. Whenever you is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several and solidary wherever appropriate.
The Electronic Signatures in Global and National Commerce Act is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. The general intent of the E-SIGN Act is that a contract or signature "may not be denied legal effect, validity, or enforceability solely because it is in electronic form". This statement provides that electronic signatures and records are as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents. The E-SIGN Act further preserves the rights of individuals: to NOT USE electronic signatures; to receive clear and conspicuous disclosures concerning electronic formats of records and signatures (prior to consent); and to demonstrate their consent electronically in the same manner in which they will receive electronic documents or information. By accepting an account at American Bank that requires Docs, which are electronic statements and notices, or by submitting an online application for services, you agree that an electronic facsimile of your signature or electronic agreement carries the full legal weight of a written signature.
This E-Sign Disclosure and Consent applies to all communications between the customer and American Bank. "Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies, and all other information related to the product or service, including but not limited to information we are required by law to provide to you in writing.
Consumer and Commercial Account Customers: This Online Banking Agreement (the "Agreement") covers the use of American Bank's NetTeller Online Banking Services (the "Service"). This Agreement, including the Fee Schedule, Deposit Account Agreement, and any other supplemental applicable disclosures American Bank provides you from time to time, are contracts between you and American Bank, and you should read these agreements carefully and keep them for future reference.
By accessing the Online Banking site or any pages of the site or by using the Service, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not access the Online Banking site, or any pages, or use the Service.
Definitions: The following terms and definitions apply when used in this Agreement.
Other definitions appear in the text of the Agreement.
American Bank may provide the Service through one or more third parties with whom American Bank has contractual or other relationships. The Service is subject, in all respects, to the terms of the contracts with third parties. In using the Service, you will be accessing internet sites that are maintained and controlled by third parties. Although American Bank believes the third parties and the sites maintained by those third parties are reliable and secure, American Bank cannot provide any assurance as to the reliability and security of the third parties or the sites.
The warranties, if any, stated in this Agreement are limited warranties and are the only warranties made by American Bank. WE DO NOT MAKE, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY BY AMERICAN BANK OF ANY KIND SHALL BE IMPLIED. The stated limited warranties are in lieu of all liabilities or obligations arising out of or in connection with the delivery, use, or performance of the Service.
Our sole obligation to you arising out of (i) the non-availability of the Service, or (ii) an interruption or delay in providing such Service shall be to use commercially reasonable efforts to resume Service or to notify you of the termination of the Service. ANY LIABILITY OF AMERICAN BANK ARISING FROM USE OF THE SERVICE IS LIMITED TO THE FEE YOU PAID AMERICAN BANK FOR THE TRANSACTION THAT GAVE RISE TO THE ALLEGED LIABILITY. YOU AGREE THAT THIS DAMAGE LIMITATION IS COMMERCIALLY REASONABLE IN LIGHT OF THE VALUE OF THE SERVICE. ACCESSING HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK. LINKS PROVIDED BY THOSE SITES ARE NOT INVESTIGATED, MONITORED OR ENDORSED BY AMERICAN BANK. The foregoing, the Electronic Funds Transfer (EFT) Agreement and Disclosure (consumer accounts only), and the Deposit Account Agreement provided to you upon opening your account shall constitute our entire liability and your exclusive remedy. In no event shall we (or any of our agents, directors, employees, or affiliates) be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if advised of the possibility of such loss or damage) arising in any way out of the Service.
Submissions
All information submitted to American Bank via the Online Banking site shall be deemed and remain the property of American Bank and we may use, for any purpose, any ideas, concepts, or techniques contained in information a visitor to this site provides the bank through this site without liability to us or compensation to you.
Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any directly or indirectly affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized employees. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
Change of Terms
This Agreement and all other Agreements and disclosures relating to your use of this Service may be changed from time to time, but we will provide you with advance notice of such changes to the extent required by applicable law. We may send notice to you via electronic messaging, and you will be deemed to have received it three days after it is sent, whether or not you have retrieved it by that time. If you do not agree to the change or amendment, you must discontinue use of the Service to which the change or amendment relates, or cancel your access to the Service. By using the Service after any change or amendment, you agree to that change or amendment.
Severability
If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken, and all other provisions of this Agreement in all respects shall remain valid and enforceable.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, and where applicable by federal law.
Types of Online Banking Services
You may use your computer / access device to electronically:
Related Accounts Eligible for Service
We may change from time to time the accounts that may be designated as Related Accounts. We also reserve the right (i) to refuse to include any account among your Related Accounts; or (ii) to allow transactions between or among Related Accounts under certain circumstances as provided in this Agreement or as may be required by applicable law.
E-Docs
You must be enrolled in the Service in order to sign up for and view E-Docs. All account types for which the bank generates periodic statements and/or required disclosures are eligible for E-Docs. E-Docs can only be set up for an account under one online banking ID. If you wish for your E-Docs notifications to go to more than one person for an account then that party must be set up on the additional recipient tab on the online banking ID under which the account is established. For a statement, which contains the information for more than one account Combined Statement, the lead account must be linked to Online Banking and enrolled in E-Docs to allow display of the Combined Statement. You will receive an email notification of all E-Docs, which will allow you to log in to your E-Docs using your online banking ID and password. Your E-Docs are also accessible on the Service upon login. See the E-SIGN Act Disclosure Consent above for details on accessing, viewing, and retaining E-Docs.
ACH Authorization
By using the Service you are authorizing transactions including debit and credits to your account to be initiated by third parties through the Automated Clearing House or "ACH" system. You may be required to provide additional information or authorizations to facilitate the ACH transactions. You agree to provide the additional information or authorizations to American Bank, or third parties requiring the information or authorizations, as a condition to your use of the Service.
Virus Protection
We are not responsible for any computer virus or related problems that may be associated with the use of an on-line system. We recommend that you routinely scan your computer / access device and storage device using a reliable virus detection product to remove any viruses found.
Identification of Payees
You are responsible for providing accurate and sufficient information about each Payee and the Authorized Account to debit, as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. By providing us with the names, addresses, phone numbers, and account numbers of those Payees to whom you wish to direct payments, you authorize us to follow the payment instructions that we receive from you through the Service. We are entitled to rely on the accuracy of all information you provide, and we are not responsible for losses due to inaccuracies in such information. From time to time, at our discretion, we may set or change the number of Payees you may designate to receive payments through the Service.
Payment Scheduling
You are responsible for scheduling the payments to be made through the Service. Any payments made using the Service require sufficient time to credit your account properly. To avoid incurring a finance charge or any other charge, you should schedule your payment to arrive in advance of the due date indicated on your bill. All payments or transfers should be scheduled to transact at least ten (10) business days before the actual due date, not the late date. We are not responsible for delays in payments, including late fees or penalties that may accrue, due to your failure to meet your obligations set forth in this Agreement or your failure to maintain sufficient funds in the Authorized Account for the payments initiated through the Service.
Availability of Services
American Bank will use its commercially reasonable best efforts to provide the Service. We cannot guarantee that the Service will be available at any particular time, including during periods of disruption of communication services or for maintenance of required computer hardware or software.
Password and Security
You authorize American Bank to follow any instructions entered through the Service using your password. Your password should be unique to you and you should change it regularly. Do not use birthdates or other numbers or words that may be easy for others to guess. You agree and intend that the authorization of transactions through the Service shall be considered the same as your written signature in authorizing us to perform any actions relating to the transactions requested. You also agree that use of your password is the agreed security procedure to access the Service. American Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction received using your password. You agree not to give or make available your password to any unauthorized individuals.
You understand the importance of your role in preventing misuse of your accounts through the Service, and you agree to promptly examine your statement for each of your American Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Notwithstanding our efforts to insure that the Service is secure, you acknowledge that the Service is inherently insecure and that all data transfers, including electronic mail, occur openly on the Service and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service, or e-mail transmitted to and from us, will not be monitored or read by others.
If you believe that your password has been lost or stolen, or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us AT ONCE by calling us during business hours at 800-255-7911 or writing us at:
American Bank Attention: Central Operations PO Box 2290 Livingston, MT 59047-4711
Electronic Messaging (E-Mail)
The Service provides you with the ability to send and receive messages to and from us by e-mail. E-mail is not a secure method of communication, and we recommend that you do not send confidential or privileged information, such as account numbers and financial information, by e-mail. Please remember that we have no control over the performance of the Internet, and we may not timely receive an electronic message sent by you. If you need to contact us immediately, please call our Customer Support at (800) 255-7911 during our regular business hours. No action will be made on any e-mail message you send to us until we actually receive your message and have a reasonable opportunity to act on it. You cannot use e-mail messaging to make a bill payment, account inquiry, stop payment, or funds transfer. There may be other limitations to your use of e-mail messaging from time to time in effect.
Receipt of Transactions
Any transfer requests made after 7:00 PM Mountain Time on a business day that we are open shall be deemed transacted on the next business day. When American Bank makes any requested bill payment, you authorize us to immediately deduct from your specified account the amount of the payment. In any event including but not limited to choosing a payment date less than ten (10) days prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. We will use commercially reasonable efforts to make your payments properly. However, we shall incur no liability (or obligation as to late charges or penalties) if we are unable to complete any payments initiated by you through the Service, including, without limitation, because of the existence of one or more of the following circumstances:
The Online Banking Bill Payment Service processing center is not working properly and you know, or have been advised by the
Provided none of the eight (8) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your Authorized Account or causes funds from such account to be directed to a person or entity other than the Payee designated in your payment instructions, except as provided above, we shall only be responsible for returning the improperly transferred funds to your Authorized Account and for directing to the proper Payee any previously misdirected payments or transfers. There is no warranty that the Service will be uninterrupted or error-free. Our sole obligation to you arising out of (i) the non-availability of the Service, or (ii) an interruption or delay in providing such Service shall be to use commercially reasonable efforts to resume Service.
Fees and Charges
You agree to pay all fees and charges applicable to the Service. These fees are listed in our Fee Schedule and are subject to change from time to time. You authorize us to deduct all fees from your Authorized Account; or, to the extent that the Authorized Account lacks sufficient funds, from any of your other accounts maintained with us, including but not limited to the Related Accounts. You also acknowledge that these fees are in addition to any costs you incur for the telephone service and / or Internet provider you use to access the Service.
Overdrafts (Order of Payments, Transfers, and other Withdrawals)
If your account has insufficient funds to post all Electronic Fund Transfers (EFTs) you have requested for a given business day, then EFTs involving currency disbursements (like ATM or Debit Card withdrawals) will have priority. EFTs initiated through the Service which would result in an overdraft of your account, may, at our discretion, be cancelled, paid or returned. Overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Cancellation of Payment
If we receive your payment request and you decide you want to cancel or amend the payment, you may be able to revise your payment instructions. You will not be able to cancel or amend the payment request if American Bank has already executed it. We have no liability if the cancellation is not effected, and you agree to indemnify and hold us harmless from any and all liabilities, costs and expenses that we may incur in attempting to cancel or amend the payment.
Alterations and Amendments
Unless applicable law requires advance notice of such a change, the terms of this Agreement, applicable fees and charges, may be altered or amended by us from time to time. In such event, we shall send notice to you at your address as it appears in our records. Any use of the Service after we send you a notice of change will constitute your agreement to such change(s) which will become effective immediately. Further, we may, from time to time, revise or update the Service and related written material and may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service and/or related written materials and limit access to the Service's more recent revisions and updates.
Address or Banking Changes
You agree to promptly notify American Bank customer service in writing of any address change.
Termination or Discontinuation
In the event you wish to discontinue the Service, you must contact us in writing. Written notice of Service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be mailed to:
We may terminate Service to any individual or business at any time and revoke the license to use the Service's software. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
Payee Limitation
We reserve the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you, provided this notification is not required if you attempt to make payments that are prohibited under this Agreement or to a Payee which has not agreed to receive payments through the Service.
Information Authorization
You hereby authorize American Bank to verify your credit and employment history and to regularly answer questions and provide information about our experience with you to credit bureaus, check verification systems and others, except as prohibited by federal law. We are further authorized to state to parties claiming to have items drawn on your account whether such items are good. In addition, you agree that we reserve the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment problems.
Disputes
In the event of a dispute regarding any part of the Service, you agree to resolve the dispute by looking to this Agreement, the Electronic Funds Transfer Agreement and Disclosure (if applicable), and the Deposit Account Agreement. You agree that this Agreement, along with all other disclosures and documents we provide to you, is the complete and exclusive statement or agreement between us and you which supersedes any prior agreement, oral or written, and any other communication between us and you relating to the subject matter of this Agreement. In addition to this Agreement, you are bound by the terms of any software license granted to you.
Use of Service
You agree to indemnify, hold harmless, and defend American Bank from and against any and all claims, actions, suits, judgments and expenses (including reasonable attorney's fees) at your sole expense, arising from your failure to abide by the restrictions on use of the Service set forth herein. You agree that in addition to all other limitations contained herein, the following uses of the Service are prohibited:
Special Withdrawal Limitations
Certain accounts may be subject to withdrawal limitations. Please see your Deposit Account Agreement for specific details.
AB Anywhere Transfers: Bank to Bank (FI-to-FI Transfer)
Within the Online Banking Service you may separately enroll for the AB Anywhere Bank to Bank Transfer Service, which allows you to transfer funds between your linked deposit accounts at American Bank and certain deposit accounts at other financial institutions. An inbound transfer moves funds into an account at American Bank. An outbound transfer moves funds from an account at American Bank to an external account outside of American Bank. You agree that you will only attempt to enroll accounts for which you have the authority transfer funds. All accounts requested to be used as part of this service will be verified in accordance with American Bank procedures. The verification process must be completed by you prior to using the service. You will have 10 days after enrolling an account to complete the verification process. Verification instructions are displayed to you during the enrollment process.
Funds requested to be transferred will be debited/credited to your Financial Institution account the business day following the day you initiate the transfer, provide you have met American Bank cutoff time for submitting FI-to-FI transfers. In the case of a future dated or recurring transfer, these time limits will be the business day following the scheduled date of the transfer. The cutoff time for initiating transfers is 3:00 PM Mountain Time. Funds requested to be transferred will be debited / credited to the Financial Institution account according to the receiving Financial Institution availability and transaction processing schedule.
Request for immediate transfer of funds cannot be cancelled. Future dated and recurring transfers can be cancelled by 2:00 PM Mountain Time the day prior to the scheduled transfer date. If the transfer status is In Process, Pending, or Processed, you cannot cancel the transfer.
There is a fee for outbound items. There is no charge for inbound items. Fees are subject to change. Please see our Fee Schedule. Transfers are subject to the following limits unless otherwise agreed upon by you and American Bank:
Payment Authorization and Payment Remittance. By providing American Bank with names and/or telephone numbers and/or email addresses of Receivers to whom you wish to direct payments, you as a Sender authorize American Bank to follow the Payment Instructions that it receives through the Service. When American Bank receives a Payment Instruction from you, you as a Sender authorize American Bank to debit your American Bank Transaction Account and remit funds on your behalf. If you are authorizing a Payment Instruction to a Receiver who is not registered with the Service, and the Receiver does not register within nine (9) calendar days from the date that American Bank received the Payment Instruction from you, then funds will not be withdrawn from your Transaction Account, the Payment Instruction will expire, and the transaction will be cancelled. You also authorize American Bank to credit your Transaction Account for payments returned to American Bank from Receivers to whom you sent payment(s) or that were undeliverable. Receivers of payments who are not already registered for the Service will be invited to register. The timing of availability of funds in a Receiver's Transaction Account is subject to the agreement between the Receiver and the financial institution holding the Receiver's Transaction Account.
American Bank will use reasonable efforts to make all your payments properly. However, American Bank shall incur no liability if American Bank is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment), and for informing American Bank as soon as possible if they become aware that this information is inaccurate. Neither the Sender nor Receiver may use a P.O. Box as a postal address. American Bank will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but American Bank does not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
Payment Methods and Amounts. American Bank may, at our sole discretion, impose limits on the amount of money and/or the number of payments you can send or receive through the Services. American Bank also reserves the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Transaction Account is closed or otherwise unavailable to American Bank. These payment methods may include, but may not be limited to, an electronic payment or a check payment.
Payment Cancellation Requests and Refused Payments. Sender may cancel a payment at any time until it begins processing. Payments not claimed by the Receiver will be automatically cancelled nine (9) days after the payment is generated. When a Sender sends money, the Receiver is not required to accept it. As a Sender, you agree that you will not hold American Bank liable for any damages resulting from a Receiver's decision to accept or not to accept a payment made through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to the Sender's Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check.
Stop Payment Requests. American Bank may be unable to stop any payment once the Payment Instruction has been submitted to the Service. If you as a Sender desire to stop any payment that has already been submitted to the Service, you must contact customer service (800-255-7911). Although American Bank will make a reasonable effort to accommodate your request, American Bank will have no liability for failing to do so. American Bank may also require you to present your request in writing within fourteen (14) days of any non-written request to stop a payment. The charge for each stop payment request will be the current charge for such service as set out in the Fee Schedule.
Prohibited Payments. The following types of payments are prohibited through the Service and you agree not to use the Service to send or receive prohibited payments. American Bank reserves the right to block and/or reverse the following payments if it becomes aware of the prohibited payment:
BILL PAY AGREEMENT
This is your Bill Pay Agreement with American Bank. You may use American Banks bill paying service iPay to direct us to make payments from your designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the previously stated terms in this Electronic Services Agreement, your account agreements, disclosures and other documents in effect from time to time governing your account.
Service Fees
There are no fees to access or use Bill Pay.
Accessing and Establishing Bill Pay
Once you log into the Service, Bill Pay will appear as a tab along the top row of choices. Within the Bill Pay menu, you may then establish Payees, payments, and view scheduled and historical payments. Most additions, deletions, or changes can be made by using the Service or contacting us in writing. American Bank reserves the right to refuse the designation of a Payee for any reason. You may pay any Payee within the United States (including US territories and APOs / AEOs). American Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.
The Bill Paying Process
Single Payments: A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payments processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, controlled by us, is currently 1:00 PM Mountain Time. A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payments processing date, the payment will be processed on the first business day following the designated processing date.
Recurring Payments: When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
Single and Recurring Payments: The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your Payee(s) by their due date. For electronic payments, please allow three (3) business days to reach the Payee; for check payments allow 5-7 business days.
Cancelling a Payment
A bill payment can be changed or cancelled any time prior to the cutoff time on the scheduled processing date.
Liability
Amendment
You are solely responsible for controlling the safekeeping of and access to your password. If you want to terminate another person’s authority to use the Bill Pay service, you must notify us and arrange to change your password. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. We are not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment. We are not liable for any failure to make a bill payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a bill payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent.
Termination
American Bank has the right to terminate the agreement at any time. You may terminate this agreement by written notice to us to AMERICAN BANK, Central Operations, P.O. BOX 2290, LIVINGSTON, MT 59047-4711. We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by us on your behalf.
EXCEPT AS PROVIDED HEREIN, ANY LIABILITY OF AMERICAN BANK ARISING FROM PROVISION OF THE BILL PAYMENT SERVICE IS LIMITED TO THE FEE YOU PAID THE BANK FOR THE TRANSACTION THAT GAVE RISE TO THE ALLEGED LIABILITY. YOU AGREE THAT THIS DAMAGE LIMITATION IS COMMERCIALLY REASONABLE IN LIGHT OF THE VALUE OF THE BILL PAYING SERVICE.
AB FINANCE AGREEMENT
American Bank provides a Data Aggregation and Financial Information Management Service through our AB Finance tool in Online Banking. It allows you to collect and track financial account information in one convenient place within AB Online Banking. This allows you to compare spending with budgets, monitor cash flow, and establish savings goals. There is no fee for this Service. By using the AB Finance tools, you are agreeing to the following Terms and Conditions of this Agreement, which govern your access and use of the Service.
Account Information from Third Party Sites
You may direct American Bank to retrieve your own information maintained online by third-parties with which you have a customer relationship, maintain accounts, or engage in financial transactions (Account Information). We do not review the Account Information for accuracy, legality or non-infringements. We are not responsible for the Account Information or products and services offered by or on third-party sites (the Sites).
We are not responsible for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such Sites. Such information may be more up-to-date when obtained directly from the relevant Sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, and you may not misrepresent your Account Information. In order for the Service to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
You agree not to resell the Service or to use the Service for any commercial purpose. You also agree to not use the Service to violate any law, regulation or agreement or in any manner that would be false, misleading or inaccurate or in violation of any property rights of any person.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Rights You Grant To Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to American Bank through the Service, you are licensing that content to us for the purpose of providing the Service. American Bank may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By using the Service, you expressly authorize American Bank to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. American Bank will submit information including usernames and passwords that you provide to log into the site. You hereby authorize and permit us to use and store information submitted by you to accomplish the foregoing and to configure the Service so that it is compatible with the Sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant American Bank a limited power of attorney, and appoint American Bank as your attorney-in-fact and agent, to access the Sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You agree that third parties are entitled to rely upon the above authorizations, power of attorney and agency. YOU ACKNOWLEDGE AND AGREE THAT WHEN AMERICAN BANK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, AMERICAN BANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. We are not responsible for any payment processing errors or fees or other Service-related issues, including those issues that may arise from inaccurate account information.
Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. AMERICAN BANK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
You can establish alerts to notify you about account balances, budget states, and other criteria you select. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We do not guarantee the delivery, timeliness, or accuracy of the content of any alert, and shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service; or
Attempt to gain an unauthorized access to any portion of the Service.
Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN AS-IS AND AS AVAILABLE BASIS. AMERICAN BANK, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER AMERICAN BANK NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AMERICAN BANK NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
Not a Financial Planner, Broker or Tax Advisor
NEITHER AMERICAN BANK NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. AMERICAN BANK IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitations on Our Liability
AMERICAN BANK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICE, THE SITES OR THIS AGREEMENT, EVEN IF AMERICAN BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of American Bank
You shall defend, indemnify and hold harmless American Bank and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Service.
Modifications
American Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. We reserve the right to change the Service, in our sole discretion and from time to time. Your use of the Service, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Service.
American Bank may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information electronically). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Applicable to Consumer Accounts Only
This Agreement and Disclosure is made in compliance with Montana and federal law regulating electronic funds transfer (EFT) services for CONSUMER accounts only. Electronic funds transfers are electronically initiated transfers of money involving an account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words "you" and "your" mean those who sign as applicants or any authorized user(s). The words "we", "us" and "our" mean the Financial Institution. The abbreviation "PIN" or word "code" means a personal identification number.
Types of Transactions
You may access certain account(s) you maintain with us by computer using your assigned user ID and password by accessing the online banking service. You may use the online banking service to perform the following functions:
For security purposes, there are limits on the frequency and amount of transfers you may make using this online banking service.
Fees and Charges for Online Service
There is no charge for banking online with us.
Electronic Statement Service
You may access certain account(s) you maintain with us by computer using your assigned user ID and password by accessing the online banking service. This service is available through online banking only. The E-Docs service is a functionality of your account which allows you to view the past 18 months of your statements. Please be sure to print statements for tax records if necessary.
Limitations on Frequency and Amount
Electronic Mobile Banking, Bank to Bank Transfers via Mobile Phone Application or Person to Person payments via online banking.
You may access certain account(s) you maintain with us by computer using your assigned user ID and password accessing the online banking service. You may use the online banking service to perform the following functions:
Types of Preauthorized Transfers
You may arrange for us to complete the following preauthorized transfers to your deposit accounts:
You may arrange for us to complete the following preauthorized transfers to or from your deposit accounts:
Liability for Unauthorized Transfers
You agree to tell us AT ONCE if you believe your online banking password has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card or code, you can lose no more than $50.00 if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by card code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (800) 255-7911, or write us at AMERICAN BANK, Central Operations, P.O. BOX 2290, LIVINGSTON, MT 59047-4711. You should also call the number or write to us at this address if you believe a transfer has been made using the information from your check without your permission.
Illegal Transactions
You may not use your access device for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction.
Business Days
For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.
Periodic Statement You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. A description of the transactions performed at an ATM terminal will be provided on any periodic statement of account furnished to you. Record Keeping It is important that you retain records relating to your account. In order to have a current understanding of your account as well as detect errors, it is important that you retain your terminal receipts until such time that you have reconciled your account statement provided by us with your account records. Confidentiality We will disclose information to third parties about your account or the transfers you make: To complete transfers as necessary; or To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or To comply with government agency or court orders; or If you give us your written permission. Notices All notices from us will be effective when we have electronically provided them, mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations. Enforcement In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law. Termination of ATM, POS and Audio Response Services You agree that we may terminate this Agreement and your use Online Banking services, if: You or any authorized user of your Online Banking account breach this or any other agreement with us; We have reason to believe that there has been an unauthorized use of your Online Banking account; We notify you or any other party to your account that we have cancelled or will cancel this Agreement. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. A description of the transactions performed at an ATM terminal will be provided on any periodic statement of account furnished to you.
Record Keeping
It is important that you retain records relating to your account. In order to have a current understanding of your account as well as detect errors, it is important that you retain your terminal receipts until such time that you have reconciled your account statement provided by us with your account records.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
Notices
All notices from us will be effective when we have electronically provided them, mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.
Enforcement
In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law.
Termination of ATM, POS and Audio Response Services
You agree that we may terminate this Agreement and your use Online Banking services, if:
Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Stop Payment Rights
If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here's how: Call us or write to us at the telephone number or address set forth above, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you $30.00 for each stop payment order you give.
Notice of Varying Amounts
If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfers
If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Other Provisions
There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.