WARNING: Your browser does not currently support Javascript. This website will not operate correctly without javascript support. click here for Javascript help
LCNB On-Line Banking and Bill Pay Services Agreement and Disclosures
This Agreement is an important explanation of the responsibilities and obligations both we and you have with respect to the use of LCNB On-Line services. Please read this document carefully and print a copy for your reference. You may refer back to it at any time by accessing the Online Docs link within the website.
1. General Terms Applicable To All Users
This Online Service Agreement ("Agreement") states the terms and conditions that govern your use of LCNB On-Line, and any applicable software products and associated documentation we may provide through those websites or to use the products, services or functionality offered through those websites ("Software") (collectively, the "LCNB On-Line"). As used herein, the terms "Bank", "us," "we," or "our" means LCNB National Bank, or the affiliate of such entity that holds your accounts or provides you services and any agent, independent contractor, designee, or assignee the we may, at our sole discretion, involve in the provision of the LCNB On-Line; "you" or "your" means (1) an individual or entity that is the owner of an account or a party-in-interest to an account (such as a grantor, beneficiary or co-trustee of a trust account) or (2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account; and "Card" refers to the credit or debit card issued by us.
By offering information, products or services via LCNB On-Line, we make no distribution or solicitation to any person to use LCNB On-Line or such information, products or services in jurisdictions where the provision of LCNB On-Line and such information, products, or services is prohibited by law.
2. Community Reinvestment Act (“CRA”) Statement
LCNB National Bank is a community bank with its main office in Lebanon, Ohio. LCNB National Bank has branches located in Warren, Hamilton, Butler, Clermont, Clinton, and Montgomery counties. The area serviced by these branches is intended to be our service area for purposes of Internet banking. Our goal in providing Internet banking is to service our present customers in those areas and to develop new customers and relationships in those areas. Therefore, we do not intend to accept applications for deposits or loans through LCNB On-Line from persons or entities outside this service area. LCNB National Bank reserves the right to limit its customer accounts to its service area. Feel free to call our customer care representatives at 800-344-2265 if you have any questions.
3. Agreement; Online Service
This Online Services Agreement is in addition to, and does not supplant or replace any other agreement you may have with LCNB National Bank, and any addendums to those agreements.
In order to be eligible to use LCNB On-Line, you must have at least one qualifying LCNB National Bank account. Except as specifically set forth below, the terms and conditions of your accounts, including all disclosure documents, shall remain in full force and effect regarding your account(s) with us, and the account agreements shall govern the general operation of those accounts, including any restrictions as to funds availability, stop payment orders, and all other terms of those agreements.
When you use or access, or permit any other person(s) or entity to use or access LCNB On-Line, or download or use any Software, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the sites within LCNB On-Line (the "Site(s)"). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of LCNB On-Line. Your continued use of LCNB On-Line after we have made such changes available will be considered your Agreement to the change(s).
LCNB On-Line is an online financial services website offering a variety of content, products and services. We grant to you, for your personal or internal business purposes only, a non-exclusive, non-transferable limited and revocable right to access and use LCNB On-Line as well as any Software in object code. Any Software provided through LCNB On-Line must be downloaded by you in the United States. You agree not to use LCNB On-Line for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of LCNB On-Line without our prior written consent. You further agree not to use LCNB On-Line to pay Payees to whom you are obligated for tax payments, payments made pursuant to court orders, fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law.
You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of LCNB On-Line, or use LCNB On-Line to develop similar functionality; (b) copy any portion of LCNB On-Line, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of LCNB On-Line or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on LCNB On-Line; or (e) otherwise exercise any other right to LCNB On-Line not expressly granted in this Agreement. We, or our licensors, own all right, title and interest in and to LCNB On-Line. No license or other right in or to LCNB On-Line is granted to you except for the rights specifically set forth in this Agreement.
If you choose to use LCNB On-Line bill pay services, you agree to the additional terms and conditions of each service, prior to use of those services, as outlined in Section 27, below.
4. Limits on Online Funds Transfers.
You must have enough available money or credit in any account from which you instruct us to make a transfer. All transfers must be in U.S. Dollars.
For security reasons, we may implement limits on the number or amount of transactions you can make using LCNB On-Line. We also reserve the right to limit or suspend access to LCNB On-Line as we deem necessary for security reasons. We may also limit access from countries other than the United States of America.
If any qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any specified period. The specified period for the qualifying accounts is the monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, order or instruction. A total of only 3 of these kinds of withdrawals may be made by check, draft, debit card, or similar order payable to third parties.
If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer, we may refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.
If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.
5. Computer Equipment; Browser Access and Internet Services; Security
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems ") necessary for you to access and use LCNB On-Line. This responsibility includes, without limitation, your utilizing and maintaining up-to-date web-browsers and access devices and effective, up-to-date commercially available encryption, antivirus, anti-spyware, and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. If you choose to utilize our Mobile Banking applications when available, you agree that you are responsible for all data access fees, text messaging fees, or any other fee related to accessing or receiving your account information via mobile devices. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and mobile devices, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access LCNB On-Line, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested LCNB On-Line for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other Agreements of that provider, in addition to the terms and conditions of this Agreement.
No one from LCNB National Bank will ever contact you, by any means, in order to request your username, password, PIN, nor any other account information or information relative to accessing your LCNB National Bank Debit MasterCard, or any online account(s). If you are contacted in any way, and this information is requested of you, (1) DO NOT RELEASE THE INFORMATION, and (2) please notify us immediately, at 800-344-2265. If the communication was by email, please forward it to us at onlinebanking@lcnb.com.
6. Passwords
We may at our option change the parameters for the password (including PINs, access codes, etc.) used to access LCNB On-Line ("Password") without prior notice to you, and if we do so, you will be required to change your password the next time you access LCNB On-Line. To prevent unauthorized access to your accounts and to prevent unauthorized use of LCNB On-Line, you agree to protect and keep confidential your Card number, account number, PIN, User ID, Password, or other means of accessing your accounts via LCNB On-Line. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your Card numbers, account numbers, PINs, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use LCNB On-Line or to access or use your Card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used LCNB On-Line without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 800-344-2265.
For business accounts, you assume all risks and losses for failure to provide each person with their own login credentials should you fail to do so. In addition, you are responsible for determination of which accounts each user has access to, and the types of transactions, including dollar limits, each person has with respect to your business accounts. The responsibility is yours to revoke privileges when an employee is terminated, and access to your account(s) becomes unauthorized. For instruction on how to properly setup your user accounts, please see this documentation, or contact us at 800-344-2265, or email onlinebanking@lcnb.com. Any User ID or Password we provide to you is provided to you in your capacity as a representative of the business entity registered with the Online Service only, and may not be retained by you after any termination of your relationship with such business entity. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
7. Notices
If you, or your company, choose to receive your statements electronically, you agree all notices or other communications which we may be required to give you arising from our obligations under this Agreement or LCNB On-Line may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law.
8. Unauthorized Transactions.
Tell us AT ONCE if you believe your access codes or passwords have been lost, stolen, or otherwise compromised or used without your permission. Quickly telephoning us is the best way of reducing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit).
You may call us at 800-344-2265, or email onlinebanking@lcnb.com, or write to LCNB, P.O. Box 59, Lebanon, Ohio 45036.
For consumer accounts:
a. If you tell us within 2 business days after you learn of the loss or theft of your access codes or passwords involving a consumer account, you can lose no more than $50.00 if someone used them without your authority.
b. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access codes or passwords, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
c. Also, if your statement for a consumer account shows transfers covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
d. If a good reason, such as a long trip or hospital stay, kept you from telling us, at the Bank’s discretion, we may extend the time periods.
9. New Features
We may, from time to time, introduce new features to LCNB On-Line or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
10. Online Service Fees
General access to LCNB On-Line is currently provided to you at no additional cost. However, you may incur fees if you use or obtain some of the products or services available through LCNB On-Line. To learn more about such fees, please refer to the specific terms and conditions applicable to each product or service. We reserve the right from time to time to add or modify charges and will notify you when we do so.
11. Limitation of Liability; No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF LCNB ON-LINE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF LCNB ON-LINE IS AT YOUR SOLE RISK AND THAT LCNB ON-LINE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT LCNB ON-LINE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO LCNB ON-LINE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
12. Other Agreements
In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account Agreements, end user license Agreements, and with all applicable State and Federal laws and regulations. To the extent there is a conflict between the terms of this Agreement and your applicable account Agreements with us, or any end user license Agreements ("EULA") provided in conjunction with your use of the Software, the terms of your account Agreement, or EULA, as the case may be, will control except as may be otherwise stated herein.
13. Termination; Availability
We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to LCNB On-Line, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access LCNB On-Line for a period of six (6) months or greater. We may delete any user profile or login credentials, without notice, at the conclusion of 6 months of inactivity. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of LCNB On-Line and delete any applicable copies.
We reserve the right to determine your eligibility for any product or service.
14. Disputes
In the event of a dispute arising under or relating in any way to this Agreement or to LCNB On-Line provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.
15. Mediation of all Disputes
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO LCNB ON-LINE ("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL, PRIOR TO COMMENCEMENT OF ANY LITIGATION BE SUBMITTED FOR RESOLUTION BY MEDIATION. CLAIMS SUBJECT TO MEDIATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. MEDIATION IS INTENDED AS A MANDATORY PREREQUISITE TO COMMENCEMENT OF LITIGATION OR ARBITRATION (WHICHEVER PROCESS IS ULTIMATELY CHOSEN).
This mediation provision applies to any and all Claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this mediation clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Uniform Mediation Act, ORC 2710 et seq., as it may be amended.
a. Procedure
i. The party initiating the claim must notify the other party of its intent to initiate mediation of issues. Such notice shall, at a minimum, include basic facts about the dispute, and the resolution sought. If, after having received notice of for mediation of a dispute, the non-initiating party fails to respond in a timely manner, not to exceed 20 days, acknowledging receipt of the notice, then the parties acknowledge that their rights to proceed in the courts of Warren County, Ohio shall be reinstated, and not waived.
ii. Once notice and response have occurred as set forth in the preceding paragraph, all parties shall use their best efforts to begin the formal mediation process within 30 days of the receipt of notice.
iii. All mediation activity shall occur in accordance with the Uniform Mediation Act, ORC 2710, et seq.
iv. The parties shall either agree to the selection of a mediator, or ask the courts of Warren County Ohio to appoint a mediator for the dispute, whose selection shall be final.
v. The mediation will take place at the offices or branches of LCNB National Bank in Lebanon, Ohio, unless otherwise agreed.
vi. At least 48 hours prior to the first mediation session, each party shall provide the mediator with a confidential, short (not to exceed 5 pages in length, unless otherwise agreed) statement of what they consider to be the relevant facts and issues. The parties will also forward copies of the most pertinent relevant documents.
vii. The parties, or the representatives of the parties attending the mediation, shall have full authority to settle the dispute.
viii. The parties may have counsel attend the mediation with them.
ix. Unless all the parties agree that a person not a party or related to a party may attend the mediation, that person may not attend.
x. No stenographic record of the mediation session(s) may be made.
xi. The role of the mediator is to assist the parties in reaching a mutually acceptable resolution of their dispute, and not to render a decision as to how the dispute should be resolved. In addition, the parties understand and agree that the mediator is not to provide legal advice to any of the parties in connection with the mediation.
xii. If the mediation results in a written settlement agreement, the parties shall provide in the agreement whether the terms of the agreement may be disclosed in a court proceeding in connection with any action to enforce the agreement or be disclosed under any other circumstances.
xiii. The parties and counsel agree to participate in good faith in the mediation process.
b. CONFIDENTIALITY
i. The parties understand and agree that the mediation process shall be treated as a compromise/settlement negotiation for the purposes of Ohio and Federal Rules of Evidence.
ii. As the mediation process is confidential under Ohio Revised Code Chapter 2710, all material and information presented to and received by the mediator and the mediator’s file on this case shall be treated as being confidential and shall not be subject to disclosure in any judicial or administrative proceeding involving the parties to this mediation. Accordingly, the mediator will not voluntarily disclose to any person not participating in the mediation any information the mediator obtains in the mediation, unless required to do so by law.
iii. In addition, the parties and their counsel hereby agree that any communication made in the course of and relating to the subject matter of the mediation shall be treated as being confidential and shall not be subject to disclosure in any judicial or administrative proceeding.
iv. The parties, and their attorneys, further agree that none of the parties shall call the mediator as a witness in any proceeding relating to the subject matter of the mediation, or subpoena the mediator or any of the mediator’s documents in connection with any such proceeding, and that the parties will oppose any effort to have the mediator or the mediator’s documents produced at any such proceeding.
c. DISCLOSURE OF PRIOR RELATIONSHIPS
i. The mediator, parties and the parties’ counsel confirm that they have disclosed any information that a reasonable person would believe would influence the mediator’s impartiality. That information includes any business, professional or social relationship the mediator has or had with any party, any officer of a party, or the parties’ counsel. This disclosure relates to all attorneys in the attorneys’ or mediator’s law firms to the extent that any of the participating attorneys or the mediator has actual knowledge of such relationships.
d. COST OF MEDIATION
i. The parties agree that each party is responsible to pay their own attorney fees for the mediation process, including the waiver of LCNB National Bank to collect attorney fees if the dispute is resolved by mediation. If such dispute is not resolved by mediation, then LCNB National Bank reserves the right to enforce the agreement, and to seek attorney fees. The parties agree to divide the cost of the mediation, if any, equally.
e. This Mediation provision shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Mediation provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
16. Indemnity
You acknowledge and agree that, unless your organization is a governmental entity, you or your business are directly responsible for your conduct while using LCNB On-Line and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees ) that we may incur in connection with a third party claim or otherwise, in relation to your use of LCNB On-Line or the use of LCNB On-Line by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights ). Your obligations under this paragraph shall survive termination of this Agreement. If your organization is a governmental entity, you agree to use your accounts responsibly, and to protect them from unauthorized use.
17. Records; Communications
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
Unless otherwise prohibited by law, any communication or material you transmit to us via the Site or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain and review all communications, including those by telephone, e-mail and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations and to maintain the security of LCNB On-Line.
If you provide us with your phone number, including cell phone number, as a contact for any of the products or services offered through LCNB On-Line, you agree that we may call that number with service messages, including calls via an auto dialer or prerecorded calls, notwithstanding any state or federal law or regulation that would otherwise prevent us from engaging in this activity without your consent.
You agree that you will not transmit any transactional instructions to us using electronic mail. You acknowledge that we will not act upon orders or instructions transmitted through electronic mail and that we may not be in a position to respond to your communications sent by electronic mail within the time frame contemplated by you.
18. Site links
The Sites may contain links to other third party web sites. We are not responsible for, nor do we control, the content, products, or services provided by linked sites. We do not endorse or guarantee the products, information or recommendations provided by linked sites, and are not liable for any failure of products or services advertised on those sites. In addition, each third party site may provide less security than we do and have a privacy policy different than ours. Your access, use and reliance upon such content, products or services is at your own risk.
19. Choice of Law/Successors; Waiver; Severability
This Agreement and its enforcement shall be governed by the laws of the State of Ohio, without regard to any choice of law provision and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products and services accessed via LCNB On-Line shall be governed by laws and terms of the applicable account Agreements.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part 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.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
20. Risk Of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
21. Mobile Services
Your enrollment in LCNB On-Line may include access to some products and services through a mobile device ("Mobile Services"). By using the Mobile Services, you agree to the following terms. You agree that we may send your information relative to Mobile Services through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Mobile Services. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
The Mobile Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other money transactions, through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Services, including balance, transfer and payment information, may differ from the information that is available directly through LCNB On-Line and Site(s) without the use of a mobile device. Information available directly through LCNB On-Line and Site(s) without the use of a mobile device may not be available via the Mobile Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Services, including but not limited to account balance information. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through LCNB On-Line without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Services. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
Enrollment in LCNB On-Line is required in order to qualify for Mobile Services.
22. Alerts and Mobile Text Services
Your enrollment in LCNB On-Line may include access to mobile text messaging related services (collectively, "Text Services") and Alerts. By receiving or otherwise using these services, you agree to the following terms for these services. You agree that we may send messages through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable account. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. The Alerts and Text Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. For phone Alerts, information may be delivered to voicemail or answering machines if nobody answers the phone. Messages may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, or other parties. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or, inaccurate content in, information and instructions sent through the Alerts and Text Services. The Text Services are only available to customers who have an eligible account with us. While you have to have an eligible account to use the service, once it is activated, if you have other types of accounts with us, you may have access to those other accounts as well. There is no service fee for the Alerts and Text Services but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your communications service provider. Message frequency depends on user preferences. Please go to the Option Menu of the Online Service to cancel the Alert and Text Services.
23. Account Information
Account information provided to you as part of LCNB On-Line is not the official record of your account or its activity. Your account statement, furnished to you by us in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. LCNB On-Line information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.
24. Our Right to Review Funds Processing
As a sender of instructions to transfer or collect funds using LCNB On-Line, you acknowledge and agree that we may delay or cancel the execution of your online instructions and/or charge back the amount of any credit to the applicable account as we determine in our discretion or claim a refund from you for such amount for various reasons including fraud, duplicate payment, incorrect amount or incorrect recipient.
25. Times
All times used by us reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance to eliminate the possibility of missing any applicable cutoff times we may have. Instructions entered after the Cutoff Time with a Send On date that is the next Business Day may start to process immediately and will be Funded prior to the Send On date.
26. Our Guarantee - The Online Banking Guarantee - for Consumer Deposit Accounts Only
In the event that funds are removed from your consumer deposit accounts (i.e., checking or savings) with us without your authorization, we will reimburse you 100% if you tell us within two Business Days of your discovery of the unauthorized transaction. Our guarantee covers only things that are within our control -- the guarantee does not cover your failure to completely log out and exit LCNB On-Line when you are finished with your online session or away from your computer, nor does it cover your negligent handling of your User ID and Password. It is your responsibility to use care when exiting the system and safely maintain your user IDs and Passwords.
27. Bill Pay Agreement and Disclosure Statement
This agreement states the terms and conditions that apply when you use our bill pay service through online, software, or telephone access. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must follow all of our instructions and procedures applicable to the services covered by this agreement.
27. 1. Explanation of Certain Terms
a. "We", "us" and "our" mean LCNB National Bank, Lebanon, Ohio.
b. "You" and "your" mean an individual person or business entity that we permit to use our bill pay service subject to the terms of this agreement.
c. "Company representative" means, if you are a business entity, anyone we reasonably believe, in accordance with our security procedures, to be authorized to act on your behalf in connection with our bill pay service.
d. "Bill pay" means our service that allows you to make payments and obtain information in accordance with this agreement.
e. "Online" means through the Internet by use of a personal computer or other screen-based electronic device.
f. "Telephone" means through audio telephone connection.
g. "Account" means a deposit account for which transactions may be performed using our bill pay service.
h. "Consumer account" means an account established primarily for personal, family, or household use.
i. "Business account" means an account that is not a consumer account.
j. "Payee" means any person or entity that we agree to establish as a payee for you.
k. "Access codes" include the customer identification number, password and any other means of access to our bill pay service we establish or provide for you.
27. 2. Individual Agreement for Bill Pay Service
a. We do not have joint agreements for our bill pay service. If you are an individual or sole proprietor, you are the only customer under this agreement. However, any of your bill pay funding accounts may be jointly owned with others. If joint account holders each obtain our bill pay service—meaning that each of you will have separate access codes—this will be identified as two separate bill pay services.
27. 3. Bill Pay Funding Accounts
a. A bill pay funding account is a qualifying checking account with us from which you may make payments using our bill pay service. You must be a named owner of the account in our records for it to qualify. Any account requiring more than one signature for withdrawal does not qualify. All of the qualifying accounts in your profile with us will be available as bill pay funding accounts. . You must designate your bill pay account or accounts to use with the bill pay service by adding the account using the appropriate “Add Account” function within the bill pay service. If only one account is chosen, this will become the default account. If there is more than one qualifying account, we will ask you to designate the paying account when scheduling a bill payment.
27. 4. Designating Payees
a. You must designate the persons or entities that you want to pay through our bill pay service. This can include us for payments to us. It can also include you if you want to make payments to accounts in your name with us or other financial institutions. However, payments to individuals or entities outside the United States of America are not permitted, but payments to individuals or entities in Puerto Rico or the Virgin Islands are permitted. Also, payments to individuals or business entities in a foreign currency are not permitted. Finally, we have the right to refuse to allow you to designate any other particular payee or class of payees.
b. You will have to give us any account numbers or other identifying information that we or a payee need so that your payments can be properly credited. If any account number or identifying information changes, or if you want to add or delete payees or other accounts with us, you must provide us with such changes.
27. 5. Bill Pay Transactions
a. You, or someone you have authorized by giving them your access codes (even if that person exceeds your authority), can instruct us to perform the following transactions:
i. Make individual payments or reauthorized recurring payments from a bill pay funding account to payees you have designated in accordance with this agreement.
ii. Obtain information that we make available about qualifying accounts.
iii. Obtain other services or perform other transactions that we authorize or allow.
b. We may introduce or offer new or additional services from time to time in connection with our bill pay service. By using these new services after they become available, you agree to be bound by all the terms and conditions that apply to those services.
27. 6. Preauthorized Recurring Payments
a. You authorize us to establish preauthorized recurring payments in accordance with the requests you make for us to do so. We will only allow preauthorized recurring payments that do not vary in amount.
27. 7. Communications Link and Your Equipment
a. It is your responsibility to obtain and maintain your communications link, whether by online, software, or telephone access, to our bill pay service to ensure that your use of such communications link is in compliance with applicable requirements, including any requirements of telecommunications companies and authorities. You are responsible for obtaining, installing, maintaining and operating all hardware, software and Internet access services necessary for obtaining our bill pay service.
b. If we give you any software to use in connection with our bill pay services, we do so on an "as is" basis from the vendor who provides it to us.
c. We make no warranties, express or implied, in connection with such software, including without limitation, the warranties of merchantability and fitness for a particular purpose.
27. 8. Limits On Bill Pay Transactions
a. You must have enough available money or credit in any account from which you instruct us to make a payment. All payments must be in U.S. Dollars.
b. For security reasons, we may implement limits on the number or amount of transactions you can make using our bill pay service. We also reserve the right to limit or suspend access to our bill pay service as we deem necessary for security reasons. We may also limit access from countries other than the United States of America.
c. If any qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any specified period. The specified period for the qualifying accounts with us is the monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, order or instruction. A total of only 3 of these kinds of withdrawals may be made by check, draft, debit card, or similar order payable to third parties.
27. 9. When Bill Pay Payments Are Made
a. Payments are not final at the time we receive your instructions, but we will begin to process them promptly. We will send payments electronically, by mail, or by some other means, and we may indicate within Bill Pay if we will send the payment electronically, by mail, or by some other means. Also, we may change the method by which we will send a payment to a payee (i.e., we may initially send a payment by mail and subsequently send a payment to the same payee electronically and vice versa). Unless required by law, we will not provide you notice of such change.
b. If we send the payment by mail or some other means, you should allow at least 7 business days for payees to receive your payments. This means that you should make the payment, or schedule it to be made, at least 7 business days before the date the payment is actually due, not the late date and/or grace period date. If we send the payment electronically, you should allow at least 3 business days for payees to receive your payments. This means that you should make the payment, or schedule it to be made, at least 3 business days before the date the payment is actually due, not the late date and/or grace period date. Please remember payees may not record a payment when that payee receives a payment from us.
c. We may permit you to create a memo line for payments, and the character limit for the memo line will be listed within Bill Pay, which we may change from time to time without giving you notice of such change. If we send the payment electronically or by some other means, we may store the memo line in Bill Pay for you, but we will not send the memo line to the payee. If we send the payment by mail, we may send the memo line to the payee. You agree not to use any obscene, lewd, or harassing language in any memo line.
d. Each electronic payment will be posted to the bill pay funding account from which it is made, and to any other account with us that is involved in the transaction, on the date you have specified. Each payment made by check will post on the bill pay funding account from which it was made after the payment is processed by the payee and presented for payment and is paid. Each payment you make on a non-business day, or after our bill pay cut-off time on any business day, will be considered made on the following business day. Our bill pay cut-off time is 1:00 p.m. Eastern Time.
e. To the extent the automated clearing house ("ACH") network is used to facilitate your bill pay payments (typically, bill pay payments sent electronically), you agree to be bound by the National Automated Clearing House Rules. Further, you agree no bill pay payment will violate or violates any U.S. law.
27. 10. Our Liability for Failure to Complete Payments From Consumer Accounts
a. If we do not complete a payment from a consumer account on time or in the correct amount according to our agreement with you, we will, subject to the limitations set forth in Section 11 above, be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
i. If, through no fault of ours, you do not have enough available money in the account from which a payment is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment because of insufficient funds.
ii. If any payment would go over the credit limit of any overdraft or other credit account.
iii. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
iv. If you have not given us complete, correct or current account numbers or other identifying information so that we or a payee can properly credit your account or otherwise complete the transaction.
v. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
vi. If you receive notice from a payee that any payment you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact.
vii. If the payee was a person or entity that you are not permitted to designate as a merchant (see the Designating Payees section 27.4 above).
viii. If you do not instruct us soon enough for your payment to be received and credited by the time it is due.
ix. If a payee (other than us) does not process your payment promptly or correctly.
x. If the money in the account from which a payment is to be made is subject to legal process or other claim restricting the transaction.
xi. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
27. 11. Business Days
a. Our bill pay service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Holidays are not business days.
27. 12. Stopping or Changing Payments
a. If you want to stop or change payments you have instructed us to make, you must notify us before we have started processing the transaction.
b. This applies to both individual payments as well as preauthorized recurring payments. The normal way to do this is for you to access the appropriate function in our bill pay service no later than 1:00 a.m. on the day the payment is scheduled to be made, and either delete it or make the change. Once an electronic type bill payment is processed, it cannot be stopped or returned. You may also call us at 800-344-2265, visit a local branch, or by using any electronic stop payment method which we provide for the purpose of stopping a bill payment issued as a check type payment. If you call or write, you must do this in time for us to receive your request 3 business days or more before the check type payment is presented for payment to the Bank. If you call, we may also require you to put your request in writing on paper and get it to us within 14 days after you call.
c. If you order us to stop a preauthorized recurring payment from a consumer account as described above, and we do not do so, we will be liable for your losses or damages.
27. 13. Statements
a. Your bill pay payments will be indicated on the monthly statements we provide or make accessible to you for the accounts with us that are involved in the transaction. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or in any statement information.
27. 14. Notice of Incomplete Transactions
a. You agree to notify us promptly if you receive notice from a payee or other institution that a payment you made through our bill pay service has not been completed or remains unpaid.
27. 15. Disclosure of Information to Others
a. We may disclose information about you or your accounts with us as follows:
i. To consumer reporting agencies.
ii. In connection with audits or any sale or transfer of your accounts or a LCNB National Bank company or division.
iii. For fraud, security or risk control.
iv. To help complete a transaction you initiate, including information requested to verify the existence or condition of an account.
v. To resolve disputes or inquiries you may have about your accounts.
vi. With your consent or at your direction, which may be oral, in writing, by telephone, electronic or other means we recognize.
vii. When disclosure is required by law, such as pursuant to court order, subpoena, legal process or government agency examination or investigation, or to protect or enforce our rights.
viii. To companies that perform services for us in connection with your accounts, such as data processing and software companies and collection agencies.
ix. As otherwise necessary to service your account, or as permitted or required by law.
x. In response to a request from any LCNB National Bank company.
27. 16. Your Liability for Authorized Transactions
a. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your access codes and want to terminate that person's authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your access codes or take additional steps to prevent further access by such person.
27. 17. Notify us IMMEDIATELY for Unauthorized Transactions
a. Tell us AT ONCE if you believe your access codes have been lost, stolen or otherwise compromised or used without your authorization. Quickly telephoning us is the best way of reducing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit).
b. You may call us at 800-344-2265, or email onlinebanking@lcnb.com, or write to LCNB National Bank, P.O. Box 59, Lebanon, Ohio 45036. If we provide you with another electronic means of notifying us for this specific purpose, you may use that means. However, DO NOT use a general e-mail service or other electronic means that we have not specifically authorized for this purpose.
27. 18. Your Liability for Unauthorized Transactions From Consumer Accounts
a. This section applies only to transactions from consumer accounts.
b. If you tell us within 2 business days after you learn of the loss or theft of your access codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority.
c. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access codes, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
d. Also, if your account statement shows payments covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
e. If a good reason, such as a long trip or hospital stay, kept you from telling us, at the Bank’s discretion, we may extend the time periods.
27. 19. Payments Involving Insufficient Funds
a. If you instruct us to make a payment and you do not have a sufficient balance in the bill pay funding account from which you are making the payment (including available credit under any overdraft line), we may refuse to complete the transaction. We may do this even if there are sufficient funds in other bill pay funding accounts other than the one you were using to make the payment. If we complete a payment that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the payment is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any payments you make or authorize.
b. If we do not make a payment, or if we reverse a payment, because of insufficient funds, we are not required to make any further attempt to process the payment or to notify you that the payment has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the deposit account from which you made, or attempted to make, the payment.
27. 20. In Case of Errors or Questions About Transactions Involving Consumer Accounts
a. This section applies only to transactions covered by this agreement and that involve consumer accounts.
b. Call us at 800-344-2265, or email onlinebanking@lcnb.com, or write to LCNB National Bank, P.O. Box 59, Lebanon, Ohio 45036 as soon as you can, if you think your statement is wrong or if you need more information about a payment covered by this agreement which is listed on the statement.
c. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
i. Tell us your name and account number (if any).
ii. Describe the error or payment you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
iii. Tell us the dollar amount of the suspected error.
d. If you tell us orally, we may require that you send us your complaint or question in writing so that we receive it within 10 business days.
e. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we are not required to provisionally credit your account.
f. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to provisionally credit your account for the amount you think is in error.
g. When the investigation is completed, we will make any necessary or appropriate adjustments to your account. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error or the error was different than you described, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
27. 21. Changing Terms and Terminating This Agreement
a. This agreement will stay in effect until it is changed or terminated.
b. We have the right to terminate this agreement at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice. Once we terminate this agreement, no further or pending payments will be made, including but not limited to any payments scheduled in advance or any preauthorized recurring payments. We may routinely terminate LCNB On-Line and bill pay service for customers that have not used the service within the first 90 days after activation or if the service has been inactive for a year.
c. We also have the right to make changes in this agreement at any time. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
d. You may terminate this agreement at any time by notifying us in writing. However any instructions from you to make payments will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further or pending payments will be made, including but not limited to any payments scheduled in advance or any preauthorized recurring payments.
e. You are not permitted to alter or amend this agreement or any related document without our express written consent. Any attempt to do so will be void and unenforceable.
27. 22. Waivers
a. No delay or omission by us in exercising any rights or remedies under this agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in a writing enforceable against us.
27. 23. Notices and Communications
a. Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through electronic means. All notices and communications sent by you to us will be effective when we have received them and have had a reasonable time to act on them.
b. You agree to notify us promptly of any change in your mailing address, e-mail address or telephone number.
27. 24. Recording
a. You agree that we may record any telephone conversations you have with us regarding the services covered by this agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
27. 25. Attorney Fees
a. Subject to the mediation provisions of this Agreement, you agree that we shall have the right to collect from you our reasonable costs and attorneys’ fees incurred in enforcing or defending this Agreement, if we are the prevailing party.
27. 26. Assignment
a. We may assign our rights and/or delegate our duties under this agreement to a company affiliated with us or to any other party.
27. 27. Law That Applies
a. Regardless of where you live or work or where you access our bill pay service, this agreement is subject to the internal law of the State of Ohio and the federal law of the United States of America. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
THE FOLLOWING SPECIAL PROVISIONS APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS:
27. 28. Company Representative If You Are a Business Entity
a. If you are a corporation, partnership, limited liability company, association or some other form of business entity, we will issue one set of access codes to a company representative. It is your responsibility to ensure that access codes are provided only to persons you authorize. You represent to us that each company representative and anyone else using your access codes has general authority from your company to give us instructions to perform transactions using our bill pay service.
b. Each person using your access codes will have the ability to:
i. Make payments from all bill pay funding accounts, regardless of the dollar amount of the transaction.
ii. Make payments regardless of whether he/she is otherwise an authorized signer on any bill pay funding accounts that are accessed.
iii. Obtain information that we make available about qualifying accounts.
iv. Obtain other services or perform other transactions that we authorize or allow.
v. Allow anyone else to use those access codes to make payments or obtain information or other services.
27. 29. Your Liability for Transactions From Business Accounts
a. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you or a company representative have given someone your access codes and want to terminate that person's authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your access codes or take additional steps to prevent further access by such person.
b. Our system supporting our bill pay service is designed so that it may be operated only upon entry of valid access codes. Since we condition access upon entry of valid access codes, we will accept instructions for payments or other transactions from any person using valid access codes. This is so even if the person obtaining access:
i. Is not a company representative.
ii. Exceeds your authority or that granted by any company representative.
iii. Does not have your authority.
iv. Has had his/her authority changed or revoked.
v. Is an imposter or thief.
c. You agree to be bound by all transactions from any business account for which valid access codes were used. You authorize us to treat any instructions we receive using valid access codes as if the instructions had been made in writing and signed by the appropriate company representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, our bill pay service. Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the access codes that were used to perform the transaction, and we have had a reasonable opportunity to do so. Thus, the sooner you notify us of a problem, the better you can keep your losses down. (See the Notify us IMMEDIATELY for Unauthorized Transactions section 27.17 above.)
d. You agree to promptly examine all account statements and any confirmations of payments which we or other banks may send or make available to you, and to promptly notify us of any discrepancy or error within 60 days of receipt of any such statement or confirmation.
e. Call us at 800-344-2265, or email onlinebanking@lcnb.com, or write to LCNB, P.O. Box 59, Lebanon, Ohio 45036 as soon as you can, if you think your statement is wrong or if you need more information about a payment covered by this agreement which is listed on the statement.
27. 30. Limitations on Our Liability in Connection with Business Accounts
a. We will make every reasonable effort to provide full performance of our bill pay system, and on a timely basis to resolve disputes that may arise. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by our bill pay system. Neither will we be liable for any consequential, incidental, special, indirect or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this agreement or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us.
b. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES WE PROVIDE YOU UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
27. 31. Security Procedures
a. By entering into this agreement and using our bill pay service to perform transactions from business accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this agreement. This includes, but is not limited to, protection of access codes and other personal and business information. Our security procedures are contained in this agreement and in other written procedures we may provide to you.
b. You acknowledge receiving a copy in writing of our current security procedures in this agreement and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this agreement, but failure to do so will not affect your obligations or our rights. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no access codes are used by or accessible to anyone other than persons you have authorized.
c. Notwithstanding any security procedure, which may from time to time be in effect for detecting errors in transactions covered by this agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures.
27. 32. Indemnification
a. If you are a non-governmental business entity or an individual performing transactions from a business account, you agree to indemnify us and hold us harmless from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages claimed by any third parties (including but not limited to any company representatives or other persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this agreement from a business account or (ii) your breach of this agreement.
END OF SPECIAL PROVISIONS THAT APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS.
27. 33. Signatures
a. You agree to all of the provisions of this agreement (to the extent applicable as provided in this agreement) by any and all of the following means:
i. Using our bill pay service to perform any transactions.
ii. Physically signing this agreement.
iii. Causing your company representative to physically sign this agreement, if you are a business entity.
iv. Completing a separate electronic consent form to receive disclosures and enter into this agreement electronically.
v. Your electronic consent or use of our bill pay service has the same effect as if you had signed this agreement with your physical signature or that of your authorized company representative.
b. Your physical signature, electronic consent, or use of our bill pay service is also your acknowledgment that you have received a copy of this agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this agreement but would like to have a paper copy, please contact us 800-344-2265, or email onlinebanking@lcnb.com, or write to LCNB National Bank, P.O. Box 59, Lebanon, Ohio 45036 and we will forward a hard copy to you.
LCNB On-Line Banking and On-Line Bill Pay Agreement and Disclosures (1/27/12)