E-Services are Electronic Services including Website, Online Banking, Bill Pay, Mobile Banking, Mobile Deposit, Electronic Statements (E-Statements) and Electronic Records.
“Bank”, “Institution”, “we”, “our”, and “us” refers to River City Bank.
“Customer”, “you”, and “your” refers to the individuals or entities subscribing to or using River City Bank services.
Welcome to River City Bank E-Services (Electronic Services)
THESE TERMS GOVERN THE USE OF E-SERVICES. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE WEBSITE OR E-SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE WEBSITE OR E-SERVICES. BY ACCESSING THE WEBSITE, ANY OF ITS PAGES, OR ADDITIONAL E-SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
This website has been established by the Bank for the purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site or in this agreement takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control. From time to time the Bank may place links to other websites on this page. The Bank has no control over any other website and is not responsible for the content on any other site. Users assume all responsibility when they go to other sites via the links on our website.
River City Bank is pleased to offer you the many benefits of E-Services including Online Banking, Bill Pay, Mobile Banking, Mobile Deposit, Electronic Statements (E-Statements) and Electronic Records. Your use of E-Services is governed by this agreement, your account agreement and other disclosures, and any other agreements applicable to the deposit or loan accounts you access through E-Services, as they all may be amended from time to time. Any use of E-Services by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it. You represent that you are the legal owner of the accounts and other financial information which may be accessed via E-Services. You represent and agree that all information you provide to us in connection with E-Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating E-Services. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree to cooperate with any investigations regarding use of E-Services. You agree to notify us in the event your E-Services device is lost or stolen. We will not request personal information such as account number, social security number, password, or PIN in a recorded telephone message, e-mail, or text message, or send a link to a website that asks for this type of information.
Use of Your Password
We will assign you a password to use the first time you sign on to Online Banking or other E-Services. At the time you first sign on, you must then select a new password. You may change your password at any time, but not more than once on the same day. We will require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it.
When you or any authorized user signs on to E-Services using your User ID and password, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. Since your password is the principal security measure to protect access to your accounts, you agree that you will not give your password or make it available to any unauthorized person. If you do give your password or make it available to another person, you authorize that person to access your accounts through E-Services and to give us instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization.
Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any E-Services transaction 1) initiated by you, at your direction, or with your consent (whether expressed or implied), 2) initiated by an agent with respect to any account which you may access through E-Services 3) initiated by a member of your household, whether or not related to you, or by a member of your organization, 4) initiated by any person (or that person’s agent) who is the owner or co-owner of any account which you may access through E-Services, 5) which results in the transfer of funds between accounts you may access through E-Services, even if subsequent transfers out of the accounts benefit someone else, 6) which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or 7) which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
Reliance on Your Instructions
We may rely and act on instructions we receive through E-Services from you, from anyone to whom you gave your password or made your password available, from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through E-Services, and from any co-owner or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you, and shall have the same authority as your written signature in authorizing us to comply with the instructions. Additional instructions involving requesting stop payments, placing check orders, and requesting copies of checks and/or statements may be available.
In addition, we reserve the right to refuse to pay any person or entity to whom you may direct a payment through E-Services. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreement with us.
If your use of E-Services overdraws your account and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by your account agreement.
Transfers from One Account to Another
The “transfer date” is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit account to another deposit account will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. For example, if you transfer funds from Account A to Account B, the funds will be debited from Account A and credited to the available balance in Account B simultaneously on the transfer date. The funds will be available immediately upon the transfer for withdrawal from Account B through an ATM or debit card transaction or other withdrawal, and will also be available to honor checks or other items presented for payment against Account B in the nightly processing following the transfer. Transfers of funds from a deposit account to a loan account will be processed as follows: 1) the transfer will be debited to your deposit account when we execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and 2) the transfer will be credited to your loan account during our nightly processing of the loan account. The transfer will be credited to your loan account on the transfer date if 1) the transfer date you designate is a business day, and 2) we receive your instruction to transfer the funds to your loan account no later than 4:00 p.m. Eastern Time on the transfer date. If you designate a non-business day as the transfer date, or if we receive your transfer instructions after 4:00 p.m. Eastern Time on the transfer date, the transferred funds will be credited to your loan account as of the next business day following the transfer date.
Notices and Address
Any notice we give you concerning E-Services and/or your accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our account records. Any notice we send you will be deemed to have been received by you within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. To the extent permitted by law or regulation, you agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you orally or in writing. You may request a paper copy of the information up to sixty days after receiving our electronic message. You agree to notify us promptly in writing of any e-mail or address change.
You may use our bill paying service, Bill Pay, to direct us to make payments from your designated (checking) account to the payees you choose in accordance with this agreement. When you sign onto the bill pay system you will establish your list of payees by selecting the Add button on the Make Payments screen. You may add a new fixed payment for any payee but only if they are on your authorized list of payees. If the payee 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. The Institution reserves the right to refuse the designation of a payee for any reason. The Institution is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a payee or if you attempt to pay a payee that is not on your authorized payee list.
You will designate the Amount and Deliver By date when initiating payments. Institution will generally process payments prior to Deliver By date in an effort to ensure timely delivery. Variable bill requests received after the business day cut off time of 4:00 p.m. EST, or at any time on a non-business day will be processed on the next business day. Institution reserves its right to change the cut-off time by giving you notice if it changes. Recurring payment requests will be processed as you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.
YOU SHOULD INITIATE PAYMENT AT LEAST 3-7 BUSINESS DAYS PRIOR TO THE DUE DATE FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS.) Due to circumstances beyond our control, some payees take longer to post payments than others. We suggest scheduling 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 payee.
You may want to select a Deliver By date that is 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 Deliver By date that is at least one business day before the actual Due Date.
When you have scheduled a payment, you authorize us 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 Bill Pay.
Bill Pay 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 cancelled, 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.
If you request Mobile Banking service, you agree to accept our Mobile Banking Terms and Conditions as provided in this section:
END USER TERMS
This service is provided to you by River City Bank and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and River City Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
RIVER CITY BANK TERMS AND CONDITIONS
Thank you for using River City Bank Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions please contact customer service at email@example.com or call 706-236-2123.
Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from River City Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by River City Bank and not by any other third party. You and River City Bank are solely responsible for the content transmitted through the text messages sent to and from River City Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
3. Additional provisions and restrictions apply as provided in River City Bank’s E-Services Agreement.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
You agree that all checks scanned for deposit must:
• Be payable to you as the account owner(s) only
• Be restrictively endorsed: “For Deposit Only to my River City Bank Account”
• Be legible and meet quality standards
All notifications from us regarding checks deposited via mobile deposit will be sent via email. You will receive an initial e-mail notification of receipt, and you will be notified separately when your item has been approved for processing. Your check is not approved for deposit until you have received the deposit approval notification. Notifications will be sent same day for deposits submitted by 5 p.m. EST on a banking business day. Funds from approved deposits will generally be made available on the business day following notification but may be further delayed.
Items that have been approved and credited to your account should be destroyed and disposed of in a timely manner that should not exceed 30 days from the time of deposit. You agree to properly dispose of the item to ensure it is not represented for payment. You agree to promptly provide any retained item or record of the item to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes.
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the service and to modify such limits from time to time. You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of the Uniform Commercial Code. You agree that items transmitted are not subject to the funds availability requirements of Regulation CC.
We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive an e-mail notification of receipt. Receipt of such notification does not mean that the transmission was error free or complete. You agree that you will not duplicate, deposit, or represent the original item. You agree that you will not use the service to scan and deposit checks or items:
• Payable to any person or entity other than you.
• Containing obvious alteration, or which you know or suspect are fraudulent or unauthorized.
• Previously converted to a substitute check as defined in Reg CC.
• That are remotely created checks as defined in Reg CC.
• Drawn on a financial institution located outside the United States.
• Not payable in United States currency.
• Dated more than 6 months prior to the date of deposit.
• Prohibited by our current procedures or account terms.
Electronic Statements (E-Statements) and Electronic Records (additional agreement required for services in this section)
If you request E-Statements and Electronic Records in lieu of paper records, you will be required to accept the additional provisions and restrictions provided in our Electronic Signatures in Global and National Commerce Act (E-Sign Act) Disclosure and Consent Agreement. While separate affirmative consent is required, the agreement is provided in this section for informational purposes:
Electronic Signatures in Global and National Commerce Act (E-Sign Act) Disclosure and Consent Agreement
Acceptance of this agreement is required for consumer to receive electronic records from River City Bank in lieu of paper records. Consumer agrees to provide a valid e-mail address to receive electronic records and notifications.
• Consumer has the right or option to have the record provided or made available on paper or in non-electronic form. Consumer has the right to withdraw the consent to have the record provided or made available in an electronic form. There are no conditions, consequences, or fees in the event of such withdrawal.
• Consumer consent applies to all categories of records that may be provided or made available during the course of the parties’ relationship including but not limited to statements, disclosures, agreements, notices, terms and conditions, communications, and other documents as applicable for other services that consumer may sign up for.
• Consumer may withdraw consent by contacting River City Bank, 228 North 2nd Avenue, Rome, GA 30165, telephone 706-236-2123. Consumer may update contact e-mail address through Online Banking or by contacting River City Bank, 228 North 2nd Avenue, Rome, GA 30165, telephone 706-236-2123. It is the consumer’s responsibility to update their e-mail information to receive e-statements or e-disclosures.
• Consumer may request a paper copy of an electronic record by contacting River City Bank, 228 North 2nd Avenue, Rome, GA 30165, telephone 706-236-2123. Fees may apply as noted on Miscellaneous Services/Fees and account disclosures.
• Hardware and software requirements for access to and retention of the electronic records: 1) a computer or other device capable of accessing the internet with sufficient electronic storage capacity for accessing and retaining records, 2) a compatible web browser software program such as Microsoft Internet Explorer, Google Chrome, Safari, or other program, and 3) a software program that allows access to Portable Document Format or “PDF” files such as Adobe Reader.
• Consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent.
Liabilities, Damages, and Warranties
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 us and arrange to change your password. You will be responsible for any transaction you make that contains an error or is a duplicate of another transaction. Institution is not liable for any failure to make a transaction if you fail to promptly notify the Institution after you learn that you have not received credit from a Merchant for a transaction. Institution 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 the Institution’s agent. In any event, Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or E-Services, even if the Institution has knowledge of the possibility of them. The Financial Institution 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 the Financial Institution’s reasonable control.
If any one or more of your deposit accounts has co-owners or co-signers, each will be jointly and severally liable for any obligation which arises from the use of E-Services to access the account. This joint and several liability shall extend to any line of credit accessed through any such account.
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
In using E-Services, 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.
Institution and suppliers are 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 E-Services or in any way arising out of the installation, use or maintenance of your computer hardware or software, including any software provided by Institution or one of its suppliers. Institution and suppliers will incur no liability (and no obligation as to late charges) if we are unable to complete any of your transfer or payment instructions. In addition, Institution disclaims any responsibility for any electronic virus customer may encounter after installation of such software or use of E-Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable if any of the following circumstances exist:
• You do not have enough money in your account to complete the transaction.
• The transaction will exceed the credit limit on your related overdraft line of credit.
• You do not allow us adequate time according to this Agreement to process transfer or payment instructions we receive from you.
• The electronic bill payment processing center is not working properly.
• The person or entity to whom you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us.
• You have provided us with incorrect, incomplete or inaccurate data or information concerning a payee or other account information, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement.
• There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, electronic terminals, telecommunication devices, electronic fund transfer system, or telephone communications).
• Circumstances beyond our control (such as, but not limited to, fire, flood, explosion, lightning, pest damage, power surges or failures, water, acts of God, the elements, war, civil disturbances, acts of governmental authorities, civil or military authorities or the public enemy, damaged transportation facilities, interference from an outside force, labor disputes, strikes, lockouts, delays of couriers or supplies, communications failures, improper transmission, improper handling by a third party, loss of confidentiality or security of any data, or equipment malfunction) prevent the proper execution of the transaction, despite reasonable precautions we have taken.
• This Agreement or your payment or transfer authorization has been terminated.
• Your account has been closed, there is a hold on your account, or access to your account is blocked in accordance with our policies.
• Your funds are subject to legal process or encumbrances restricting transaction.
• Applicable law prevents completion of the transaction.
• Unusual or extraordinary circumstances exists which indicate improper, fraudulent, or unlawful use of your account.
• You believe someone has accessed your account without your permission and you fail to notify us immediately.
• You knew that E-Services were not operating properly at the time you initiated the transaction or payment.
• Postal delay.
Provided none of the circumstances described above are applicable, if we cause an incorrect amount of funds to be removed from your account and our action was unintentional and resulted from a bona fide error on our part, we will be responsible for returning the improperly transferred funds to your account. We will not be liable for other losses and damages caused by our failure except to the extent specifically required by law.
Institution and its suppliers provide E-Services from their own sites, and they make no representation or warranty that any information, material, or functions included in E-Services are appropriate for use by you in your jurisdiction. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law. If you choose to use E-Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of E-Services or contained in any third party sites linked to or from Institution’s web site. INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF E-SERVICES OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
We may on a regular basis perform maintenance on our equipment or system which may result in interrupted service or errors in the service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that E-Services will be uninterrupted or error free. Our sole obligation to you arising out of (i) the nonavailability of E-Services, or (ii) an interruption or delay in providing E-Services shall be to use commercially reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK (OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT OR E-SERVICES.
The Bank makes no warranties of any kind regarding the products and services advertised on the website. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.
Indemnification and Additional Remedies
Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, affiliates, service providers, suppliers, and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement. Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
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 cancelled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another account agreement between you and the Institution, the account agreements and disclosures will control.
Amendments, Termination, Assignment, Waiver
We reserve the right to amend this Agreement at any time. We will provide you with any notice required by law of any changes to the terms of this Agreement. Your use of E-Services after we amend this Agreement will constitute your acceptance of such changes.
The Financial Institution has the right to terminate this Agreement and services at any time. You may terminate this Agreement by written notice to the Financial Institution. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement. You will remain liable for payments, transfers, and other transactions in process and for the payment of any accrued fees and charges. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.
You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.
Institution 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 Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Institution is not responsible for any electronic virus that you may encounter using the E-Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files, and hardware.
Electronic Mail (E-mail)
Sending e-mail is a very good way to communicate with Institution regarding your accounts or services. 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 Institution. You cannot use e-mail to initiate transactions. All such transactions must be initiated using the appropriate functions within E-Services. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
You agree that we may charge your account for all fees and charges relating to E-Services in accordance with the applicable account and fee disclosures. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your account does not have a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or in your account agreement.
Additional charges for customer requested services and other items may apply if required by third party service providers. You agree to pay our standard charges for the research and copying of documents and for any other expenses we incur in complying with such legal process including, but not limited to, our attorneys’ fees.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and applicable federal law, without regard to its conflicts of law provisions. Any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Rome, Floyd County, Georgia, USA. 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 that law. The unauthorized reproduction or distribution of any content and information on our site is prohibited.
Electronic Funds Transfer Act – Consumer Accounts Only
The consumer protection provisions of the federal Electronic Fund Transfer Act and the Federal Reserve Board’s Regulation E apply only to electronic fund transfers involving consumer checking and savings accounts established primarily for personal, family or household purposes. If your account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any electronic fund transfer will be considered an “authorized use,” and your liability for any transaction relating to that account will be unlimited, notwithstanding the provisions of the federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you. You will be fully responsible for the security of your card and/or code with respect to each such account, whether the transaction or the use of the card and/or code is authorized or unauthorized.
Types of Transfers – Computer and Mobile Banking Transfers
You may access your account(s) by computer by visiting www.rivercitybankonline.com or web-enabled cell phone by visiting www.m.rivercitybankonline.com and using your User ID and password to:
• Transfer funds from checking to savings
• Transfer funds from savings to checking
• Transfer funds from lines of credit to checking/savings
• Transfer funds from checking/savings to checking/savings
• Make payments from checking to loan accounts with us
• Make payments from checking/savings to 3rd parties (bill pay)
• Make payments from savings to loan accounts with us
• Get checking account(s) information
• Get savings account(s) information
• Get loan account(s) information
• Make mobile deposits – restrictions may apply
Transfers or withdrawals from a savings/money market account to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party, are limited to six (6) per calendar month. If you exceed the transfer limitations set forth above, your account shall be subject to closure.
If you are enrolled in River City Bank’s Bill Pay service, at least one bill pay transaction must post to your account within each billable cycle or an Inactive Bill Pay Fee of $6.50 will be charged to your account. Your Bill Pay billable cycle ends each month on the anniversary DAY that you were initially enrolled in the Bill Pay service.
Other fees may apply as noted on the Miscellaneous Services/Fees disclosure and on other account opening disclosures.
You will get a monthly account statement from us, unless there are no transfers in a particular month. In any case you will get a statement at least quarterly.
(a) Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
Call or write us at the telephone number or address listed in this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
We charge $30.00 for each stop payment.
(b) Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
(c) Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution’s Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the automated teller machine where you are making the transfer does not have enough cash.
• If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
• where it is necessary for completing transfers; or
• in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
• in order to comply with government agency or court orders; or
• if you give us written permission.
• as explained in the separate Privacy Disclosure.
(a) Consumer Liability. Tell us at once if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you 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.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed at the end of this disclosure. You should also call the telephone number or write to the address listed at the top of this disclosure if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
River City Bank
228 North 2nd Avenue
Rome, GA 30165
Our business days are: Monday through Friday excluding Federal Reserve Holidays.
YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.