INTERNET BANKING & BILL PAYMENT AGREEMENT
INTERNET BANKING SERVICE
This agreement describes your rights and obligations as a user of the Internet Banking Service (“Service”). It also describes the rights and obligations of Golden Eagle Community Bank ( “GECB”). Please read this Agreement carefully. As an authorized deposit account holder, you must abide by the terms and conditions of this agreement, and those provided to you at the time of account opening, in order to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with GECB for the provision of certain Internet Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
We may provide you revisions and amendments to the Agreement and such other information including, but not limited to, information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Service. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.
If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call GECB at (815) 321-5000, or write a letter and send it to:
Golden Eagle Community Bank
Attn: Internet Banking Services
PO Box 1930
Woodstock, Il 60098-2452
You are able to access information that is provided in the same manner as the information and the Services via the Internet.
DEFINITIONS
The following definitions apply in this Agreement.
“Internet Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking & Bill Payment Agreement
“On-line Account” is a GECB account from which you will be conducting transactions using the Service.
“Business Day” refers to Monday through Friday, excluding holidays as determined by GECB. All Internet transaction requests received after 6:00p.m. CST, or on a non-Business Day, will be processed on the following Business Day.
“Password” is a series of numbers and/or letters that you select after the initial sign-on, that establishes your connection to the Service. GECB will provide you with a code for use during the initial sign-on process.
“Time of Day” references are to Central Standard Time.
“We’” “us,” “our,” or “GECB” refer to Golden Eagle Community Bank which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
To gain access to this Service you will need your User ID and your Password.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of paramount importance to GECB. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your GECB User-ID, up to the limits allowed by applicable law. While GECB continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No GECB representative will ever call and ask for your User ID or User Password nor will we e-mail you requesting that information.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your password has been lost or stolen, call GECB immediately at (815)321-5000, between 9:00a.m. and 5:00p.m. Monday through Friday. Telephoning us is the best way of minimizing your losses. You may also restore the security of your Service by immediately changing your Password, If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00
BANKING TRANSACTIONS WITH INTERNET BANKING
In addition to viewing account information, you may use Internet Banking to conduct the following transactions:
Transfer funds among your linked checking, savings, and money market accounts.
NOTE: Because regulations require GECB to limit pre-authorized transfers (including Internet Banking transfers), the following limitations apply:
Statement Savings Account-You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by telephone or Internet Banking.
Money Market Deposit Account-You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by telephone or Internet Banking., and no more than three (3) of these may be by check, draft or debit card.
In addition, please check the Consumer and Commercial Deposit Account Information brochures regarding limitations on withdrawals and transfers on deposit accounts.
Make a loan payment from your checking or savings account with us
New services may be introduced for Internet Banking from time to time. GECB will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
STATEMENTS
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of the account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify us immediately at (815)321-5000, or write a letter and send it to:
Golden Eagle Community Bank
Attention: Internet Banking Services
PO Box 1930
Woodstock, Il 60098-2452
If you do not notify GECB within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if GECB had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Internet Banking transaction, you may call GECB at (815)321-5000, or write a letter and send it to:
Golden Eagle Community Bank
Attention: Internet Banking Services
PO Box 1930
Woodstock, Il 60098-2452
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
Your name and account number
A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information
The dollar amount of the suspected error
The date on which it occurred
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
You may agree that GECB may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by GECB shall be considered received within three (3) Business Days of the date sent by GECB regardless of whether or not you sign on to the Service within that time frame.
LIMIT OF GECB’S RESPONSIBILITY
GECB agrees to make reasonable efforts to ensure full performance of Internet Banking. GECB will be responsible for acting only on those instructions sent through Internet Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes, but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. GECB is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment.
Any information you receive from GECB is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. GECB is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
GECB is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by an Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Internet Banking. GECB will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of GECB’s liability shall be as expressly set forth herein. Under no circumstances will GECB be liable in contract, tort, or otherwise for any special, incidental,, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
GECB’S RESPONSIBILITY
GECB will be responsible for your actual losses if they were directly caused by our failure to:
Complete an Electronic Funds Transfer as properly requested
Cancel an Electronic Funds Transfer as properly requested
However, we will not be responsible for your losses if:
Through no fault of GECB, you do not have enough money in your account to make the transfer
Through no fault of GECB, the transaction would have caused you to exceed your available credit
Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
There is a hold on your account, or if access to your account is blocked in accordance with banking policy
Your funds are subject to legal process or other encumbrance restricting the transfer
Your transfer authorization terminates by operation of law
You believe someone has accessed your accounts without your permission and you fail to notify GECB immediately
We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (E-MAIL)
If you send GECB an electronic mail message through the Service, GECB will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with GECB immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that GECB may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by GECB shall be considered received within three (3) days of the date sent by GECB, regardless of whether or not you sign on to the Service within that time frame.
OTHER AGREEMENTS
In addition to this Agreement, you and GECB agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the Internet Banking Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you opened your accounts at GECB, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule. We will automatically deduct any fees related to this Service from your On-line Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Privacy Policy, Consumer and Commercial Deposit Account Information, and your signed signature card apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
GECB may modify the terms and conditions applicable to the Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/PRIVACY POLICY
A copy of GECB’s Privacy Policy is available upon request at any of our
Branches, or can be mailed to you upon request by calling GECB at
(815)321-5000, or writing a letter and sending it to:
Golden Eagle Community Bank
Attention: Internet Banking Services
PO Box 1930
Woodstock, Il 60098-2452
You can also access our Privacy Policy online by clicking on the Privacy link on GECB’s Website at goldeneaglecommunitybank.com.
INACTIVITY/TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Internet Banking privileges under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service during any consecutive sixty (60) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Internet Banking Service, you must notify GECB. Your notification should include your name, address and the effective date to stop the service. You may notify GECB by one of the following methods:
By initiating a customer inquiry through our Web site
By calling us at 815-321-5000
In Writing
BILL PAYMENT SERVICE
This is your bill paying agreement with Golden Eagle Community Bank (“GECB”). You may use GECB’s bill paying service,(“Bill Pay”), to direct GECB to make payments from your designated checking (account) to the Merchants you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the account agreements, disclosures and other documents in effect governing your Account.
"You" or "your" means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service. "Merchant" means anyone (including GECB) you designate and GECB accepts as a payee.
HOW TO SET UP MERCHANTS/PAYMENTS
When you sign onto the Bill Pay system you will establish your list of Merchants by selecting the Add button on the Set up Accounts and Payee screen. You may add a new fixed payment for any Merchant but only if they are on your authorized list of payees. If the Merchant is not set up for electronic payments, the service will generate a paper check for payment. The check will carry your account number and will clear directly through your account. A unique check number will appear on your statement for easy recognition. GECB reserves the right to refuse the designation of a Merchant for any reason.
GECB is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Authorized Payee list.
THE BILL PAYING PROCESS
GECB will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by GECB, which is currently 6:00 p.m. CST. Variable bill requests received after the business day cut off time or at any time on a non-business day will be processed on the next business day. GECB reserves its right to change the cut-off time by giving you notice if it changes.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, YOU MUST SELECT THE OPTION OF "LAST BUSINESS DAY" FOR PROCESSING TO BE ALWAYS BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.
YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS) Due to circumstances beyond our control, some Merchants take longer to post payments than others. We suggest sending your first payment eight (8) business days in advance of the Due Date. After your first payment has posted you will have a better understanding of how much time to allow for each Merchant.
You must select a Payment Date that is at least five (5) business days before the actual Due Date reflected on your Payee statement. If your actual Due Date falls on a non-business day you must select a Payment Date that is at least one business day before the actual Due Date. Payment Dates should be prior to any late date or grace period.
When you have scheduled a payment, you authorize GECB to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using the Bill Pay Service.
The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to GECB. GECB reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and GECB has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree GECB, at its option, may charge any of your accounts with GECB to cover such payment obligations.
The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Merchant.
Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
RETURNED PAYMENTS
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid; the Service is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
LIABILITY
You are solely responsible for controlling the safekeeping of, and access to, your password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify GECB and arrange to change your password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. GECB is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. GECB is not liable for any failure to make a Bill Payment if you fail to promptly notify GECB after you learn that you have not received credit from a Merchant for a Bill Payment. GECB is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be GECB’s agent. In any event, GECB will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if GECB has knowledge of the possibility of them. GECB is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond GECB’s reasonable control.
AMENDMENT AND TERMINATION
GECB has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on GECB's records, by posting notice in branches of GECB, or as otherwise permitted by law.
GECB has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to GECB. GECB is not responsible for any fixed payment made before GECB has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by GECB on your behalf.
FEES
There is no fee for the Online Bill Paying Service or Online Banking, this is a FREE service with all retail accounts.
Additional Charges for Customer-requested Services and Other Items
These charges will only be assessed if you request one or more of the services listed here, there will be NO Charge for any item if needed to correct a GECB error.
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$4.00 per item |
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$20.00 per item |
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$20.00 per item |
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$25.00 per item |
Additional fees are listed in our Account Fee Schedule brochure.
GECB reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.
Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.
RESPONSIBILITY
Neither GECB nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking (ix) you knew that Online Banking was not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
UNAUTHORIZED TRANSACTIONS/CONSUMER ACCOUNTS ONLY
You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50.00. If you do not tell us within the two (2) business day period, you could lose as much as $500.00 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
ELECTRONIC MAIL (E-MAIL)
Sending E-mail is a very good way to communicate with GECB regarding your accounts and the Bill Payment Service. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to GECB. You cannot use e-mail to initiate On-line transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. GECB will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
DISCLOSURE OF INFORMATION
Information submitted to GECB or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by GECB or prohibited by law.
LINKS TO OTHER SITES
Information that GECB publishes on the World Wide Web may contain links to other sites and third parties may establish links to GECB’s site. GECB makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, GECB does not endorse the products or services offered by any company or person linked to this site nor is GECB responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
VIRUS PROTECTION
GECB is not responsible for any electronic virus that you may encounter using the On-line Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
DAMAGES AND WARRANTIES
In addition to the terms previously disclosed, GECB is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by GECB or one of its suppliers. In addition, GECB disclaims any responsibility for any electronic virus (es) a customer may encounter after installation of such software or use of Online Banking. Without limiting the foregoing, neither GECB nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. GECB and its suppliers provide Online Banking from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking are appropriate for use by you in your jurisdiction. If you choose to use Online Banking , you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither GECB nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, or contained in any third party sites linked to or from GECB's web site. GECB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. GECB DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
INDEMNIFICATION
Customer shall indemnify, defend and hold harmless GECB and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's failure to comply with applicable law; or (ii) Customer's failure to comply with the terms of this Agreement.
ADDITIONAL REMEDIES
Due to the likelihood of irreparable injury, GECB shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
TERMINATION AND CHANGES IN TERMS
GECB reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
APPLICABLE RULES, LAWS AND REGULATIONS
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Illinois, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Woodstock, Illinois U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
ASSIGNMENT
GECB may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
INTEGRATION,
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and GECB.
SEVERABILITY
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and GECB, this Agreement will control.
WAIVER
GECB shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by GECB of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
FORCE MAJEURE
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
CONSTRUCTION
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of the law.
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