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Brady National Bank · P O BOX 111 BRADY TX 76825-0111 · (325) 597-2104
Internet Banking Agreement
Online Enrollment Agreement help
Effective Date: September 17, 2012
325-597-2104
P. O. Box 111
101 South Blackburn
Brady, Texas 76825-0111
customerservice@bradynationalbank.com
(Note: Email sent via this email address is not secure, so please do not include any personal identification information such as Social Security numbers, accounts numbers, etc. in an email sent to this address.)
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS. ________________________________________
1. Scope of this Agreement This Agreement between you and Brady National Bank, 101 South Blackburn, P. O. Box 111, Brady, Texas 76825-0111 governs your use of our Internet Banking (the “Service”). The Service permits our Customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.
You should print and/or save a copy of this Agreement for your records. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact our Internet Banking Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.
WHEN YOU CLICK ON THE “ACCEPT” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON.
3. Definitions
Agreement - means these terms and conditions of the Internet Banking services. As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, as well as any authorized users of the Service that such person allows.
Billing Account - is the checking account from which all Service fees will be automatically debited.
Business Day - is every Monday through Friday, excluding Federal Reserve holidays.
Business Customer - Refers to anyone other than a Consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online account transfers is based upon our Business Days and the Central Time Zone. For posting purposes, we will process all transfers completed by 5:30 p.m. on the same Business Day. Transfers completed after 5:30 p.m. will be processed on the following Business Day.
Consumer – Refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
Eligible Accounts – You must have an existing account relationship with this Institution to enable the Service. An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement.
Eligible Consumer accounts must be titled in your name either individually or jointly. Eligible Business Customer accounts must be titled in your company’s and/or its affiliate’s name(s).
Authorized users with transfer privileges must have withdrawal or signature authority over the relevant Eligible Account. When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any such account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts - If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service.
In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service.
Service – means the Internet Banking services offered by Brady National Bank through its Service Providers. As used in this Agreement, “we”, “us” and “our” refer to this financial institution and/or its Service Providers, as the case may be.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that this Financial Institution may involve in the provision of Internet Banking services.
4. Basic Internet Banking Services
The Basic Internet Banking Service currently offers the following features:
• Up to 90 days of complete Internet transactional detail and history
• Account Inquiries for balances, rates, etc.
• Up to 90 days of Account Statements
• Transfers between your accounts at this Financial Institution
• Secure e-mails via the Service’s messaging system
• Secure File Transfers
• View loan balances
• Payments to loans at this Financial Institution
• Online check reorders
• Stop payments on checks that you have written
• Transaction downloads for use with Quicken®, Microsoft® Money
We may add or remove certain features and/or functionality available from time to time.
You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
5. Other Basic Internet Banking Features
(A) Stop Payment Feature
The stop payment feature within the Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature provides a means to securely forward your stop payment requests to us via e-mail for processing.
There is typically a stop payment fee associated with this feature. Please refer to Brady National Bank’s fee schedule. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.
6. Cash Management Services
Additional online features are currently available for Business Customers. These features may be subject to additional terms and conditions.
• ACH Credit and Debit Origination
• Wire Transfer Requests
• Direct Deposit Originations
• NACHA Imports Customers interested in these additional services should contact us for additional information.
We may add or remove certain features and/or functionality from time-to-time.
7. Fees
Internet Banking for consumer accounts – no charge.
Cash Management for Business Customers accounts - $9.95 per month plus $2.95 for each agent, additional charges will apply for services such as: ACH Origination. These fees may vary and are subject to separate agreements.
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.
You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
8. Requirements for Enrolling in the Service
In order to enroll in the Service:
• You must have an Eligible Account with this Financial Institution.
• Your account with us must be in good standing.
• You must be a resident of the United States or its possessions.
• You must have a computer and Internet browser that will support 128 bit encryption. We support the most current versions of Internet Explorer and Netscape browsers.
• You will need Internet access through an Internet service provider.
• You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
• You will also need an external email address for the delivery of electronic notices and disclosures.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service and/or change your method of receiving disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
9. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll in any of our offices.
The Internet enrollment process involves completing a secure online application that we will use to verify your identity.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Internet Banking department will verify the information you submit for accuracy and proper authorizations. By enrolling online you agree to let Brady National Bank contact you via email when your account is set up.
10. Linked Accounts
When you first enroll for the Basic Internet Banking Service we will link all of your designated Eligible Accounts to one ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 325-597-2104 or send us a secure email message through the Service.
Sole proprietors and Businesses may link personal Consumer accounts to the Service.
11. Signature Requirements
When any transfer or Payment Instruction is initiated through the Service, you agree that we may debit the designated accounts without requiring your signature on the item and without any notice to you. We will allow View Only (no transfers) to accounts that require more than one signature.
12. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
13. Canceling or Changing Transfers
You cannot cancel a transfer after it has been confirmed; however, you can edit or change or delete a transfer that is still “pending”, meaning that it has not been confirmed.
14. Transfer Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover the amount of any online transfers, or the transaction may not be processed.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given statement period. Transfers authorized by personal computer through the Service are counted toward the six permitted transfers.
17. Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
(A) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
• Where it is necessary for completing transactions;
• Where it is necessary for activating additional services;
• In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
• To consulting firms, in an aggregate non-personally identifiable format, for research and product improvement purposes only.
• In order to comply with a governmental agency or court orders; or • If you give us your written permission.
Please refer to our privacy notice for additional detail on disclosure of account information.
18. Internet Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Internet Banking department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Service.
Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.
• You should carefully select a Passcode that is hard to guess.
• You should not use words based on your name, address or other personal information.
• Special characters may be used to increase security.
• Do NOT use dictionary words. The “Help” link within the Service will offer tips on choosing a secure Passcode that you can remember. • Keep your Passcode safe.
• Memorize your Passcode and do NOT write it down.
• You should also change your Passcode occasionally, such as every 90 days.
• Passcodes should not be shared among authorized users.
• A Passcode should be changed immediately if you suspect that your Passcode has been compromised.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ID, OR YOUR PASSCODE. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY.
Additional Security Guidelines:
• All authorized users should sign-off after every Service session; however, online sessions will automatically end after ten (10) minutes of inactivity. This is to protect you in case you accidentally leave your computer unattended after you log-in.
• The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
• Routinely scan your computer, servers, and electronic media using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to other computers.
• Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
• Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
19. Your Passcode Responsibilities
When you accept the terms and conditions of this Agreement, you agree not to give or make available your passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers you authorize using the Service. If you permit other persons to use the Service, your passcode, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your passcode or other means to access your account 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 325-597-2104 during customer service hours. You can also contact us by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
20. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
• Telephone us at 325-597-2104 during customer service hours;
• Contact us by using the secure messaging feature within the Service;
If you think your statement is incorrect or you need more information about an electronic transfer listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name, Service account number(s), and ID;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses.
If consumer customers tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
(C). Our Liability for Failure to Complete Transactions
The Service will use commercially reasonable efforts to make all your transfers properly. However, we shall incur no liability if the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) does not contain sufficient funds to complete the transaction; 2. The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction; 3. Your Eligible Account(s) is closed; 4. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer; 5. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 6. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
21. Additional Provisions Applicable Only To Business Customers
(A) Protecting Your Account
You understand that you are responsible for controlling access to the Service and for assigning access privileges to authorized users. You may request individual IDs, passcodes, and privileges for each authorized user. Transaction history is maintained for each ID.
All authorized users should have signature authority to initiate transfer requests through the Service. Business customers must inform this Institution of changes in authorized users with such authority.
Additional fees maybe assessed for each ID. You authorize us to act upon and you agree to be bound by any transaction, whether or not authorized, initiated with an ID and Passcode of an authorized user and accepted by us without further verification or inquiry.
You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that this financial institution and its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:
1. Require all authorized users to keep passcodes secure and strictly confidential;
2. In the event that you must provide your passcode to any authorized user, instruct each person to whom you give your passcode that he or she must not disclose it to any unauthorized person;
3. Immediately notify us and select a new passcode if you or your authorized users believe your passcode(s) may have become known to an unauthorized person.
We may suspend or cancel your passcode(s) even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
(B) Commercially Reasonable Security Procedures
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Service, including procedures to protect the confidentiality of your IDs and passcodes. You agree to notify this Financial Institution in the event that your use of the Service would necessitate or be better served by a level of security that exceeds that offered by the Service. If you fail to notify this Financial Institution, you acknowledge and agree that the security aspects of the Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use. (C) Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
1. Telephone us at 325-597-2104 during customer service hours;
2. Contact us by using the secure messaging feature within the Service; and/or,
3. Write us at: Brady National Bank, P. O. Box 111, Brady, TX 76825-0111.
(D) Your Liability for Unauthorized Transfers
You must notify us of errors or discrepancies as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer, this financial institution will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSCODE THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF ANY POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT UPON THAT NOTICE.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
22. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
23. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement in Section 8.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER INTERNET BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at:
customerservice@bradynationalbank.com
325-597-2104
You should print or save a copy of all disclosures delivered electronically.
24. Address or E-mail Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Internet Banking matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, and phone numbers and e-mail addresses. Changes can be made by contacting our Customer Service Department at 325-597-2104.
25. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our customer service department or send us a secure email through the Service.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking activity for a period of 90 consecutive days, accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Internet Banking Department.
26. Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. THIS FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING OUR SERVICE.
THE FOREGOING SHALL CONSTITUTE THE FINANCIAL INSTITUTION’S AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THIS FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
27. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
28. No Waiver
This Financial Institution and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
29. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
30. Disputes
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees, of this financial institution, and/or its Service Providers, say and the terms of this Agreement, the terms of this Agreement will prevail.
31. Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
32. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Brady National Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
33. Governing Law and Relation to Other Agreements
Accounts and services provided by this Financial Institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Texas.
________________________________________
Proceed with Enrollment for the Service.
By clicking on the "I agree" button you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.
(If you do not agree, choose cancel below.)
If you click “cancel” you can still enroll at a later time by completing an application in one of our offices. You will still be asked to accept the terms and conditions of this Agreement.