Bank Midwest

Online Banking Agreement

BANK MIDWEST, COMMUNITY BANKS OF COLORADO, and HILLCREST BANK, DIVISIONS OF NBH BANK, N.A. (the “Bank”)
ONLINE BANKING AGREEMENT
ESTATEMENT CUSTOMER NOTIFICATION AGREEMENT
FEDERAL ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE
PRIVACY DISCLOSURE

This Agreement governs each person ("you", "your") who uses the Bank’s  ("we", "us", "our") Online Banking Service ("Service"). It also contains important disclosure information relating to electronic funds transfers made through the Service. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts or payments to a third party ("Payee(s)"), you agree to the terms of this Agreement. Access to Account information, transfers between Accounts, and payments to Payees drawn on or debited against your Accounts, are referred to as "Transactions".

"Account(s)" mean the checking, Money Market, savings Accounts, or other Accounts owned by you and designated by you for access through the Service, including your designated Account for Transactions ("Payment Account"). In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service.

"Agreement" means this Online Banking Agreement as may be amended or replaced from time to time. By using any new Services that are made available, you agree to be bound by any terms and conditions that we communicate to you, verbally or in writing, concerning the Services.

"Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.

"Business Days" are Monday through Friday, except legal holidays. You can use the Service 24 hours, 7 days a week, except during maintenance periods. However, we can process Transactions only on Business Days. Transaction processing is subject to our cutoff times as noted in literature at bank locations or within literature provided within the Service, during establishment of the Service, or during training for the Service. Cutoff times may change from time-to-time.

We encourage you to keep this Agreement for your records. If you have any 
questions, ask any Client Services and Solutions specialist for assistance.

1. GOVERNING LAWS AND RULES

Much of our relationship with you is regulated by state and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations, hereinafter collectively referred to as "Law(s)". These Laws, as well as the terms of the Agreement, may change from time to time without notice to you unless required by Law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Notice of a change may be made by mail or electronically. Other agreements that apply to your Accounts with us, including, but not limited to, The Account Terms and Conditions Agreement received when opening an account, apply to all Transactions made on the Accounts through the Service and are incorporated by reference into this Agreement.

2. PROTECTING YOUR PRIVACY

Our policy is to protect personal or financial information which comes into our possession during the normal course of business. The following privacy guidelines serve as standards our employees will use when collecting, using, and maintaining your personal information.

Recognition of a Client's Expectation of Privacy

We recognize the importance of keeping your personal and financial information accurate and confidential at all times. We handle this information carefully because we value the trust you place in us when you decide to become our client.

Categories of Information We Collect

We collect personal and financial information about you from the following sources:

  • Information we receive from you on applications or other forms
  • Information about your Transactions with us or other third parties (but not other banks within our family of banks).
  • Information we receive from a consumer reporting agency

Collection, Retention, and Use of Client Information

We collect, retain, and use information about you in accordance with regulatory requirements, to enhance the quality of service and products we provide, and to inform you about additional opportunities that may be beneficial.

Categories of information we disclose and persons to whom we disclose information

We do not disclose any personal or financial information about you to anyone, except as permitted by law. For example, we are permitted by law to disclose personal or financial information about you in the following circumstances:

  • To reputable information reporting agencies such as credit bureaus
  • In order to complete a transaction initiated by you
  • At your request
  • In response to legal process (for example, a subpoena that complies with applicable right to financial privacy laws)
  • To persons who provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.)

If you decide to close your account(s) or become an inactive customer, we will continue to adhere to the terms of this Privacy Policy.

Maintaining Customer Privacy in Business Relationships with Third Parties

We may disclose all of the information we collect, as described above, to companies that provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.). If we do so, we will insist (through a written agreement) that such person follow privacy principles similar to those stated in this Privacy Policy.

Maintenance of Accurate Information

We continually strive to maintain complete and accurate information about you and your Accounts. If you ever believe that our records contain inaccurate or incomplete information, please notify us. We will investigate your concerns and correct any inaccuracies.

Confidentiality and Security

We maintain physical, electronic, and procedural safeguards that comply with Federal regulations to guard your personal and financial information. Our associates do not access your personal or financial information unless they have a business reason to have access to this information. We educate our associates on the importance of maintaining the confidentiality of your personal and financial information and on this Privacy Policy.

Disclosure of Privacy Policy to Customers

We recognize and respect your privacy expectations. We want you to understand our commitment to privacy in our use of your personal and financial information. As a result of our commitment to you, we have developed this Privacy Policy and wish to make it readily available to you.

Privacy Information Specific to Internet Usage

  1. When you visit our website, we want to assure you that we adhere to this Privacy Policy.
  2. We collect and store information about "hits" on our website for internal review purposes only. Such information may include the name of the domain from which you access the Internet (such as Compuserve.com or att.net), the date and time you access our site, and the Internet address of the website from which you linked to us. This information enables us to see how you use our website and keep our website user-friendly.
  3. Our website does not require you disclose any personally identifying information. However, if you do provide personal information, such as your mailing and email address, telephone and fax numbers, or demographic and customer identification, we will not disclose (share, sell, or divulge) it to persons outside our family of banks except:           
    a. In order to complete a transaction initiated by you           
    b. At your request           
    c. In response to legal process (for example, a subpoena that complies with applicable right to financial privacy laws)           
    d. To persons who provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.)
  4. In order to provide better service, we will occasionally use a "cookie." A cookie is a small piece of information, which a website stores on your PC for later retrieval. The cookie cannot be read by a website other than the one that set the cookie. We use cookies for a number of administrative purposes, for example, to store preferences for certain kinds of information or to store a password so that it does not have to be input for every visit someone makes to our site. Most cookies last only through a single session, or visit. None will contain information that will enable anyone to contact the visitor via telephone, email, or regular mail. In addition, web browsers can be set to inform the visitor when cookies are set or to prevent cookies from being set.
  5. We do not knowingly solicit information from children and we do not market specifically to children. We recognize that protecting children's identities and privacy on-line is important and that the responsibility to do so rests with parents and the on-line industry.
Disclosures

This Privacy Policy will be provided to each new client at the time the client relationship is established. Additionally, a copy of this Privacy Policy will be mailed to all clients once per calendar year. Anyone may receive a copy of this Privacy Policy upon request.

Protecting Online Applications

When you apply online for Accounts or Services, or enroll in Online Banking, you provide personal information that is necessary for us to process your application.

We, along with the outside companies with which we work, if applicable, may keep the information you provide to us, along with information we collect from outside sources, so that we can offer you Accounts and services related to your financial needs.   

Hypertext Links

You may access other websites that have been selected by the Bank from our website through a hypertext link. When leaving the Bank’s website through a hypertext link, a banner will appear advising you that we do not endorse any information or additional information that may be on that website. These links are provided solely for client convenience.

How We Handle Email

We preserve the content of your email, your email address and our response so that we can more efficiently handle any follow-up questions you may have. We also do this to meet legal and regulatory requirements. If we think that a particular Bank  account or service might apply to your situation, we may occasionally contact you at your email address to inform you of potential benefits and availability.

For secure transmissions, your emails to us should be sent through our Contact Us pages. Since our response back to you is not secure, we will not include confidential account information in the response. You may also contact us by phone, U.S. mail or by visiting your nearest banking center. See our Contact Us link and our banking center locator web pages for additional information about contacting us.

What We Do with Online Surveys

The information you provide on surveys and promotions on our web site will be used for internal marketing purposes, including developing web site information and services that you may find helpful. In addition, we may inform you of new accounts and services we may offer in the future based on the information you provide to us.

No Data "Capture" with Planning Tools

There are planning tools throughout the site to help you make the financial decisions that are right for you in the privacy of your home. We encourage you to try all of your "what-if" scenarios as often as you like. Examples include the mortgage principal and interest calculator and the savings goal calculators.

When you use various planning tools on our Web site, the calculations run on your PC or our server. We do not capture the personal information you provide on these planning tools.

Miscellaneous

Consolidation Sites. Please use caution when using consolidation sites. Consolidation sites are Internet sites which offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation sites your personal finance information, such as your Online ID, Access ID, PC Password or PIN for Online Banking. NEVER PROVIDE THIS INFORMATION TO A SITE THAT YOU DO NOT RECOGNIZE AND FULLY TRUST.

YOU SHOULD KNOW: ALL transactions initiated by a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. You may revoke this authority only by notifying us, and we may need to block your account until we issue new access codes.

We are committed to making sure that your Online Banking is safe and secure. With our own security infrastructure in place, we are confident that access to your accounts is private and secure; we are unable to provide similar assurances for other websites. While we work to protect your banking privacy, you also play a role in protecting your accounts. Only provide your Access ID or Online ID when your browser shows a secure connection directly to the Community Banks of Colorado website or to another site you have investigated and fully trust.

Information may also be exchanged with credit bureaus and similar organizations, provided when legally required or permitted, or in connection with a fraud investigation, an acquisition or the sale of your account to another financial institution.

Please note that since we cannot control information on other Internet sites, we are not responsible for the content of sites linked from www.bankmw.com.   

Count on Our Committment to your Privacy

You can count on us to keep you informed about how we protect your privacy and limit the sharing of information you provide to us - whether it's at a branch, over the phone or through the Internet.

The Bank reserves the right to change this policy at any time.

Questions concerning the privacy of your information at the Bank should be directed to:

NBH Bank , N.A.
Attention: Privacy Manager
1111 Main
Kansas City, MO 64105
Telephone: Bank Midwest 800.867.2265, Community Banks of Colorado 877.877.0395, Hillcrest Bank 855.629.7618.

If you send email to us, please remember that email is not secure against interception. If your email contains information that is very sensitive or includes personal information such as your account numbers, credit/debit card number, or social security number, you may want to send this information via postal mail.

3. SECURITY

Regardless of whether you are using a public computer or your own private computer, or any other device used to access your Account information or this Service ("Access Device(s)"), you are responsible for protecting the confidentiality of your User Code and Password. It is your responsibility to protect your account information.

Passwords and/or Personal Identification Number(s) ("PIN") are provided for your use and protection. You must change the password and/or PIN to a unique number at the time you first use the Service. You agree to: (a) not disclose the password and/or PIN or otherwise make it available to anyone else; (b) use the password and/or PIN as instructed; (c) immediately notify us of any loss or theft of the password and/or PIN by means provided for in the Notification section of this Agreement; and (d) be liable for the password and/or PIN and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your password and/or PIN as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your password and/or PIN, you will have authorized that person to access your Accounts and you are responsible for all Transactions that person initiates or authorizes from your Accounts.

Internet connections can be insecure and may provide the opportunity for the unauthorized interception, diversion, access or disclosure of your private information. Access Devices are regularly subjected to attacks by third-parties attempting to obtain unauthorized access to your private information through malicious software, malware, spyware or other electronic means. You are responsible for maintaining protection against unauthorized third-party access to your private information stored on or transmitted to and from your Access Device which you choose to use. Except as otherwise provided in our Account Terms and Conditions, we are not responsible for any loss, financial loss, injury or damage, whether direct or indirect, special or consequential, arising in any way out of the installation, use or maintenance of your Access Device or related software, including without limitation that use of any information obtained by a third-party from your Access Device by any means including that obtained by the use of any malicious computer code or program.

You agree that you are responsible for the security of your Access Devices and applicable software used in conjunction with the Services. You agree to adhere to reasonable security standards including, but not limited to, use of firewalls, ensuring Access Devices and software security updates are applied in a timely manner, and use of current anti-virus software and virus signature to protect all Access Devices. You agree that you are responsible for maintaining backups of data files, report files and programs used in conjunction with the Services.

Whereas we the bank provides commercially reasonable security procedures including, but not limited to, the enforcement of User Codes and Passwords, anti-phishing mechanisms, and layered security, we are not responsible for unauthorized access of your Access Devices or for maintaining backups and contingency plans of your data files, report files and programs used in conjunction with the Services. We shall not be obligated to act on a communication not transmitted in accordance with the security procedures and guidelines as referenced in this Agreement if we reasonably doubt its authorization, contents, or origin.

We use SSL technology to protect the integrity of your communications to us. Even though this technology provides the most secure communications available to the public, it is possible for unauthorized persons to gain access to your computer systems, networks, and any and all information stored therein. If unauthorized persons gain access to your personal information despite our best efforts to prevent such access, you understand and agree that we are not responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

We reserve the right to implement additional security procedures including, but not limited to limiting the frequency and dollar amount of Transactions from your Accounts and implementing new security technology as it becomes available in the industry

Tell us AT ONCE if your password and/or PIN has been lost or stolen. If you believe your password and/or PIN is subject to unauthorized use or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number and address listed in the Notification section of this Agreement.

4. ACCESS AND LIMITATIONS TO SERVICES

Upon request, you may use the Service to:

Access your Accounts Online. You may obtain Account balances and Transaction information including access to your periodic statements, for your Accounts.

Transfer funds between your Accounts. A request to transfer funds between Accounts may not result in an immediate transfer or immediate funds availability because of the time required to process the files. If there are not available funds in the Payment Account from which a transfer is being made at the time the transfer is processed, the transfer will be canceled and we will not make the transfer at a later date. You may schedule transfers for future dates. Requests made after 6:00 p.m. Central Time or on a non-Business Day will be considered made for the next Business Day.

Send electronic mail (email) to us and receive email from us. We may not immediately receive email that you send. We must have a reasonable opportunity to act before taking action on your email requests. You cannot use email to make a bill payment, Account inquiry or funds transfer. You may not use email to stop payment, report unauthorized use of your password and/or PIN, or to report an unauthorized Transaction. You must notify in accordance with the Notification section of this Agreement.

Online Bill Payment. You hereby authorize us to make payments from your designated checking Payment Account in the amounts you request to persons or businesses in the United States (each, a "Payee"). You further authorize us to make payments on your behalf by bank check ("Check Payments") or electronic funds transfers ("EFT Payments") drawn on or debited against your Payment Account. We will decide, in our sole discretion, which payment method to use on a case by case basis.

You may choose to schedule payments to occur at regular intervals (a "scheduled payment"). If the payment is not a scheduled payment, it will be a "one-time payment".

You must specify the date ("Payment Date") by which you want the payment to arrive at the Payee. That day can be any Business Day up to 365 days in the future. When scheduling payments you must select a Payment Date that is no later than the actual due date reflected on your biller statement unless the due date falls on a non-Business Day. If the actual due date falls on a non-Business Day, you must select a Payment date that is at least 1 Business Day before the actual due date. Payment Dates must be prior to any late date or grace period. You can enter a pay date that is the same as the due date on your bill. They pay date is the date when the biller receives your payment. For most bills, we can deliver your payment the next Business Day. If we send the payment by check, it can take four or fewer days for your biller to receive it. If checks written and/or EFT Transactions initiated by you are presented on a Payment Date, we will, in our sole discretion, determine the order in which these payments are processed.

When the use of the Service generates items to be charged to your Account, you agree that we may debit your Account without requiring any signature on the item without prior notice to you even if your Account otherwise requires two signatures to authorize transactions. Any transactions resulting from your instructions that we receive under your Codes shall be deemed to have been "in writing" and authenticated by you "in writing." All records maintained by us of transactions under your Code shall be deemed to have been "signed" and to constitute an "original" when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, the records and "signed" documents, or the admissibility of copies or digital images thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and "signed" documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or "signed" document which we provide to you containing your purported signature.

While most Payees can be reached through the Service, we reserve the right to refuse to allow you to designate any particular Payee or classes of Payees. You may not make a payment of alimony, maintenance, child support, taxes, securities purchases or other governmental fees or court-directed payments through the Service. We shall have a reasonable opportunity to act before changes to your Payee list are effective. Funds are available for transfers and payments in accordance with our Funds Availability Policy contained in The Account Terms and Conditions. If there are not sufficient available funds in the Payment Account to make payments you have authorized, we may either refuse to honor payment requests or may make the payment and thereby overdraw the Payment Account. In either event, you will pay on demand the negative balance and are responsible for any insufficient funds and return item charges. If you overdraw your Account with us, and transfer funds from another Account to cover the overdraft, you are bound by the rules and regulations which apply to that transfer or credit privilege. If we refuse to honor a payment request due to insufficient available funds, that particular payment will be canceled.

It is your responsibility to transmit your bill payment authorizations in such a manner that your bills are paid on time. You are responsible for any late payment charge, finance charge, penalty or default that may result from your failure to transmit payment authorizations in sufficient time.

We will not be liable to you if a Payee cannot or will not accept a payment made through the Service. You agree to notify us promptly if you receive notice from a Payee that a payment you made using the Service has not been completed or remains unpaid. We will not be liable to you for any damages to the extent that your failure or delay in notifying us that a bill payment was not made prevents us from avoiding or alleviating such damages.

The Bank reserves the right to cancel service at any time for any reasons. Upon termination of your use of the bill payment Service, you will be responsible for making arrangements to pay any future payments.
We may obtain information regarding your accounts with Payees in order to facilitate proper handling and crediting of your payments.

eAlerts We provide electronic alert notifications ("eAlerts") through the Service. Some alerts are automatic alerts that you do not need to activate. Voluntary eAlerts are also available. These alerts will need to be activated by you. You can cancel these alerts at any time. eAlerts are subject to the following:

  1. We may add new alerts or cancel old alerts from time to time. We usually notify you when we cancel alerts, but are not obligated to do so.
  2. Alerts will be sent to the email address you have provided for the Service. If your email address changes, you are responsible for informing us of that change.
  3. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee delivery nor the accuracy of the contents of any alert. You agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of an eAlert. We shall not be liable for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance of an alert.
  4. Because eAlerts are not encrypted, we will never include your password or full account number. However, your alerts may include your name and some information about your Accounts. Anyone with access to your email will be able to view the contents of these alerts.

Limitations Subject to available Deposit Account balances, funds transfers and bill payments can be made for any amount up to $10,000. Total payments during a business day may not exceed $20,000. There are no limitations on the number of Transactions that can be made during any time period to or from any Account, except as provided by federal regulations limiting pre-authorized transfers. By Law, you are limited during any statement cycle or calendar month to six pre-authorized or automatic transfers or checks, if the Account is a Money Market Deposit Account or a savings account. Online bill payments and transfers between your Deposit Accounts are considered pre-authorized transfers.

The use of the Service(s) often requires the use of an internet browser. Not all browsers are supported. You are responsible for maintaining and using a supported browser to access the Service. A list of supported browser is located on our website.   

5. ACCURACY AND TIMELINESS OF INFORMATION

We will use reasonable efforts to provide information requested through the Service in a prompt fashion, but shall not be liable for temporary failure to provide timely information. If the Service is unavailable, you shall be responsible for carrying out banking business through alternative delivery channels. We shall not be liable for any inaccurate or incomplete information with respect to Transactions which have not been completely processed or posted to our system prior to being made available pursuant to the Service. Information with respect to all Transactions is provided solely for your convenience and we shall have no liability to you resulting from your use of such information.

All information provided to you prior to completion of our end-of-day processing is not final and is subject to change. Account balances and other information will be provided to you for the current day and past days. Images of items deposited to your Accounts and checks drawn on your Accounts will be made available for a period of time. Historical information for activity conducted via the Service will be made available to you for a period determined by Bank.   

6. CHARGES FOR TRANSACTIONS OR RIGHT TO MAKE TRANSACTIONS

There are no monthly or transaction fees for the Service. Depending on the Access Device used to access Services, there may be costs associated with your third party providers. You should check with your third party provider to make sure you understand whether there are charges they impose.

Fees may be assessed for optional services selected. We may change or add fees without notice unless required by Law. A current fee schedule can be obtained at any branch location. Fees in our Account Terms and Conditions brochure also apply.

7. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your Account or the Transactions you make:

  1. when it is necessary for completing Transactions;
  2. in order to comply with government agency or court orders, or to give information to any governmental entity having legal authority to request such information;
  3. if you give us your written permission in a separate writing or through signing other bank documents which give such permission; or,
  4. as required or allowed by the Law.
8. RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS

You will receive a monthly statement if you have an Account upon which checks or drafts may be drawn. You will receive a savings statement quarterly unless there are electronic Transactions during the month. A savings statement will be provided monthly for Accounts with electronic Transactions.

9. RIGHT TO STOP PAYMENT, PROCEDURE FOR DOING SO, AND BANK'S LIABILITY FOR FAILURE TO STOP PAYMENT

After a payment request is transmitted, you are unable to cancel a payment through the Service. If you have chosen to request a stop payment through the Service, you agree that stop payment orders or cancellations initiated using the Service will be handled as provided in the Account Terms and Conditions of any Accounts which are accessible through the Service. Before placing stop payment requests, you are responsible for verifying nonpayment of the item during all prior check information retention periods. Bank will verify nonpayment during the current check information retention periods. You are responsible for verifying that stop payment orders and cancellations are entered correctly. See your Account Terms and Conditions for other provisions relating to stop payments.

10. BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS OR PAYMENTS

If we do not complete a Transaction to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by Law. However, there are some exceptions. We will not be liable if, for example, but without limitation:

  1. Through no fault of ours, you do not have available funds in your Account to complete a Transaction on that Account.
  2. The Transaction would be over the limit of your available credit limit.        You have not properly followed instructions for using the Service, or if your Access Device, software, related equipment, electrical power or telephone service fails or malfunctions.
  3. The Payee information necessary to complete the payment has been lost or corrupted.
  4. You do not authorize a payment soon enough for your payment to be received by the Payee by the time it is due.
  5. Withdrawals from any of your Accounts have been prohibited by a court order such as a garnishment or other legal process, or the Account is in dispute or restricted for any other reason.
  6. The Service was not working properly and you knew about the breakdown when you started the Transaction.
  7. A Payee does not accept, mishandles or delays in handling payments.        You have not provided the correct and complete Payee Name, address, or account information or payment amount.
  8. Circumstances beyond our control (such as fire, telecommunication outages and malfunctions, strikes or natural disasters) prevent the processing of a Transaction.
  9. Delays or losses of payments caused by the U.S. Postal Service or other commercial delivery service.
  10. There may be other exceptions stated in our Agreement with you.

11. ELECTRONIC MAIL

You can use Electronic Mail ("email") to contact us about inquiries, maintenance and/or problem resolution issues. Email is not a secure method of communication and we recommend you do not send confidential information by email. You should never use unsecured Internet e to initiate a transaction for your Account. To send secure transmissions to us, it is recommended you use the contact bank link from within the Service. These transmission methods are secure messaging alternatives to email.

You agree that we may respond to you by email with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such email sent to you by we shall be considered received within 5 days of the date sent by we, regardless of whether or not you sign on to the Service within that time frame.

12. NOTIFICATION

To notify us of a lost/stolen password/PIN notification or if you believe your password/PIN is subject to unauthorized use, to report errors or questions about your electronic transaction, to terminate your account, or for any other reason relating to this service or your Account contact us in writing at:

NBH Bank, N.A., 
1111 Main, Kansas City, MO 64105. Or call us at: Bank Midwest 1.800.867.2265, Community Banks of Colorado 1.877.877.0395, Hillcrest Bank 1.855.629.7618

13. LIMITATION OF LIABILITY

Except as otherwise provided in this Agreement or by Law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use of the Service or arising in any way out of the installation, operation, or maintenance of your Access Device or related equipment.

We will exercise ordinary care in providing the Service expressly provided for in this Agreement and shall only be liable for its gross negligence or willful misconduct. In no event shall clerical errors or mistakes in judgment constitute gross negligence. Nor shall the Bank  have any liability for any third party's actions, including yours, a Third Party Provider, any government entity or other financial institution. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE BANK  SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF GOODWILL, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, ARISING UNDER ANY THEORY OR LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstances shall we be responsible for any liability, loss or damage resulting from any delay in the performance of or failure to perform in connection with any Service which is caused by interruption of telephone, telefacsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by you or any Third Party Provider, strikes or lockouts, emergency conditions, riots, war, acts of government or other circumstances which are unavoidable or beyond our reasonable control. The Bank  shall not be liable for failure to perform any of its obligations in connection with the Service if such performance would result in it being in breach of any Applicable Laws. If we improperly fail to credit any of your Accounts utilized in connection with any Service, the only liability of the Bank  is to properly credit such Account upon discovery and proper notification of such error, and we shall not incur any liability in addition, including any loss resulting from failure by you to invest or use funds that were not properly credited to the Account.

You hereby release us from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your Account(s) and/or the Service and/or you have given Codes to such person, or, in the case of a jointly held Account such person is one of the owners of the Account. You agree to indemnify and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

You agree to promptly notify us in writing as directed in Section 12 of this Agreement of any error in connection with any Service and any discrepancies between any records maintained by you and any notice you received from us with respect to the Service, and shall provide us with any information it may reasonably request in connection therewith. You also agree that your failure to promptly notify us of any such error or discrepancy may relieve the Bank from liability to you on account thereof.   

14. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Tell us AT ONCE if you believe there has been an unauthorized transaction from your Account. Telephoning is the best way of keeping possible losses down. If you tell us within 2 Business Days (4 days if your account was opened in Kansas) after you learn of the loss or theft, you can lose no more than $50 if someone deposited, withdrew or transferred funds without your permission. If you do NOT tell us within 2 Business Days (4 days in Kansas) after you learn of the loss or theft and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500 ($300 in Kansas). Also, if your Account statement shows Transactions that you did not make, 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 periods.  

Error Resolution Procedures

In case of errors or questions about your electronic Transactions, telephone us at the number or address listed in the Notification section of this Agreement as soon as possible, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must:

  1. Tell us your name and Account number.
  2. Describe the error or the Transaction 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 and the date on which it occurred.
  4. Tell us the date the error was noticed by you.
  5. If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.

Generally, we will tell you the results of our investigation 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 calendar days to investigate your complaint or question. If we decide to do this, we will 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 may not credit your Account. If the transaction involved was a point-of-sale transaction or a transaction initiated outside the United States, the above time periods may be extended as follows: 10 business days may be extended to 20 business days and 45 business days may be extended to 90 days.

If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of documents that we used in our investigation.   

15. ESTATEMENT CLIENT NOTIFICATION

Email notices will be sent for Accounts with online delivery. We will maintain online access to each eStatement for a period of up to 18 months from the date on which your eStatement is made available.

You understand that an eStatement will consist of what you currently receive in the mail. If you currently receive imaged copies of checks with your paper statement, then the same will be available with your eStatement. If you currently do not receive images of checks with your paper statement, then check images will not be available with your eStatement.

We often include with your paper account statement other periodic notices. For short, we refer to these as "regulatory inserts." When you consent to electronic delivery of your account statements, you will also be consenting to electronic delivery of regulatory inserts. This includes required disclosures such as changes to our customer policies (e.g., account maintenance fees or privacy policy), summaries of updated account features, and amendments to your account agreements. The email notification that your eStatement is ready will include any regulatory inserts that accompany your account statement.

You can turn off eStatement delivery at any time by contacting us and will not be charged a fee for doing so. When you turn off eStatements, you will automatically begin receiving mailed (paper) statements with your next statement cycle. Additional fees, which may be then in effect for paper (mailed) statements, will apply.

By enrolling for the eStatements as part of the Service, you are consenting to receive eStatements to replace your mailed (paper) statement with an electronic version (PDF) that you can view, save to your computer or print at your convenience. Your eStatement will replace all of your future paper account statements. You are consenting to electronic delivery of account-related notices and other regulatory information that you would normally receive in the envelope with your paper account statements (collectively, "regulatory inserts"). You understand and agree that we may provide to you in electronic format only, by posting the information through Online Banking or via email, all agreements, disclosures, notices, statements and other information and communications regarding your current and future Accounts, services and products.

The receipt and use of eStatements requires that you have an Access Device capable of displaying a PDF document (i) with an active internet connection and required browser; (ii) from which you can access your personal email; and (iii) in a location where you are comfortable viewing personal financial information. It is not recommended that you use an Access Device to which other individuals or members of the general public also have access (Public Computer) because of an increased information security risks and the increased likelihood that your confidential information may be made available to others. Although not necessary for review of eStatements, having an Access Device that is private allows you to download your eStatements and save them to the hard drive. Finally, having a printer available is also not necessary, but helpful.

Email delivery of the notification for your account statement(s) can offer significant advantages in terms of speed and convenience. Generally, we can deliver eStatements to you within 1 business day of the end of the statement period. You will be able to print eStatements in print-friendly Portable Document Format ("PDF"), provided that your Access Device has a browser that is able to view and print dynamically-generated PDF files. You may save eStatements by downloading and saving the documents in PDF format the way you would any other file from the web. In order to generate the PDF version, you will need to have Adobe Acrobat Reader on your Access Device.

You must provide us a correct email address that will be used to deliver email notifications when a new statement is available to view online.

By accepting this Agreement, you are verifying that as of the date of your acceptance, you have provided us with your most current physical address and mailing address (if different) information, and you agree to promptly notify us of any change to either of those addresses. You agree that we will be deemed to have acted reasonably if we attempt to deliver the email notice to your email address on file.

Should you change your email address for any reason, you agree to notify us immediately to ensure that your Service and our communication are not interrupted. You may change your email address within the Service , or by notifying us according to the Notification section of this Agreement.

You are responsible for accessing, opening and reading statements. It is your responsibility to notify us if any statement is not accessible, is incomplete or is unreadable. In the event any of the above problems exist and you are unable to retrieve a copy of your statement, we will supply a paper copy of your statement at your request; however, a fee may apply subject to our current schedule of fees and we may not be able to provide you with that statement if a substantial period of time has passed from when that statement was first made available to you. We are not accepting any responsibility to archive your statement beyond the time required by Law.

You understand that you must complete the entire registration process to affirm your ability to receive, open and view your eStatement electronically.   

16. NOTICES

Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or email address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this Agreement, any notice that you send to us shall be effective 5 Business Days after our receipt of your notice.   

17. ASSIGNMENT

You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to any third parties.   

18. REMEDIES

No delay or omission by us in exercising any rights or remedies under the Agreement 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 any other right or remedy. No waiver shall be valid unless signed in writing by us.   

19. AMENDMENT AND CANCELLATION RIGHTS

You understand that we reserve the right to amend this Agreement at any time by providing you notice of those amendments. We reserve the right to discontinue or modify this Service at our sole discretion. By using the Service after you have been notified of any amendment(s) that have been made, you are agreeing to the terms in the revised Agreement. You will be notified of any amendment or any change in a term or condition disclosed in the Agreement via email to the email address you have provided, or by any other method chosen by the bank. The most current version of this Agreement is available within the Service.   

20. TERMINATION OF THIS AGREEMENT

You may terminate your use of the Service at any time by writing us at the address listed in the Notification section of this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if the Account is closed, or access to the Account is restricted for any reason. If you terminate the Service, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than 5 Business Days. Once we have acted upon your termination notice, we will make no further transfer or payment from your Account, including any transfer or payment you have previously authorized. If we terminate your use of the Service, we reserve the right to make no further transfers or payments from your Accounts, including any Transactions you have previously authorized. If you would like to transfer the Service to a different account with us, you must provide 10 Business Days advance written notice. Termination will not affect your liability or obligations under the Agreement.

Unless you are paying a monthly service charge to us for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90 day period. If your Service is converted to inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

21. GOVERNING LAW/SEVERABILITY

The Agreement shall be governed by the laws of the state in which your Accounts were opened and applicable Federal laws and regulations. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.   

22. ACCEPTANCE OF TERMS AND CONDITIONS

By selecting "Accept", you agree that you have read and understood the terms and conditions set forth in this Agreement and you accept this Agreement without modification. By accepting this Agreement, you consent to the electronic delivery of statements and other bank related documents. You understand this agreement is effective at the date and time of the Bank's receipt of this electronic Agreement and signature. If you do not agree to the terms and conditions of this agreement, you should select "Decline" and you will not be enrolled in this Service.   

23. ENTIRE AGREEMENT

The Agreement is the complete and exclusive agreement between you and us relating to the Services.

Bank Midwest is a division of NBH Bank, N.A., Member FDIC. NBH Bank, N.A. operates under multiple trade names in multiple states. Divisions of NBH Bank, N.A. are not separately FDIC-insured banks. The FDIC coverage extended to deposit clients is that of one insured bank. © 2014 NBH Bank, N.A., All rights reserved.