Online Access Agreement and Electronic Funds Transfer Act Disclosure
This Agreement is a contract that establishes the rules that govern electronic access to your Accounts, including the Accounts of your affiliates and related entities that accept or receive services under this Agreement, at Amarillo National Bank through Online Banking.
Notwithstanding anything to the contrary in this Agreement, the terms and conditions of the deposit agreements and disclosures, including the Regulation E disclosure for all Electronic Funds Transfers, for each of your ANB Accounts as well as your other agreements such as loans, fees and charges, continue to apply.
As used in this Agreement, the words "we," "our," "us," and "ANB" mean Amarillo National Bank. The use of "you" and "your" refer to the accountholder authorized by ANB to use Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Online Banking. "Account" or "Accounts" means your accounts at ANB, as applicable. "Electronic Funds Transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your ANB accounts using Online Banking, including bill payments. "Services" means the services provided pursuant to this Agreement, including the bill payment services, mobile banking and deposit service, and mobile money services. "Bill Payment Service" and/or "Service" means the bill payment service that the ANB makes available over the Internet. "Payee" or "Merchant" means anyone you designate and we accept as a payee. "Payment" means your remittance to a Payee. "Account" in relation to the Bill Payment Service means the deposit Account you designate for Bill Payment transactions. "Business Days" means Monday through Friday, except federal holidays. "Capture Device" means any device acceptable to us from time to time that provides for the capture of images from Items and for transmission through the clearing process. “Check 21" means the Check Clearing for the 21st Century Act. End User License Agreement" means the agreement as set forth in Schedule A hereto governing the use of the application software you must download to your Capture Device in order to use certain Services, which may be modified by us from time to time. "Image" means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify. “Image Replacement Document" or "IRD" means a substitute check, as defined in Check 21. "Item" is an original: check, cashier's check, official check, United States Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under Regulation CC. “Software” means in its broadest sense any and all programs or applications designed to access or utilize the Services. "User Guide" means the application download instructions, device instructions and FAQs we provide to you on our Internet site from time to time, in addition to any help content contained within the software application that is downloaded to your Capture Device.
To use Online Banking, you must have at least one Account with ANB, and access to Internet service. Access to your Accounts through Online Banking will be based upon the identification of users and authority levels maintained at ANB. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder.
Online Banking Services
You can use Online Banking to check the balance of your ANB Accounts, transfer funds between your Accounts, make stop payment requests, and/or to pay bills from your Account in the amounts and on the dates you request. If you have an ANB Account that requires two (2) signatures for withdrawals, please note that Bill Payment Service will be unable to accommodate this feature. If you chose to sign up for Bill Payment Service, ANB will not be liable for disputed payments on accounts with two (2) signatures required.
Hours of Access
You can access Online Banking seven (7) days a week, twenty-four (24) hours a day, although some or all Services may not be available periodically due to emergency or scheduled system maintenance. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of ANB or any service provider.
For security purposes, you are required to change your password upon your initial login to Online Banking. The password is (i) a minimum of 8 digits and maximum of 12 digits; (ii) required to contain both alpha and numeric characters; and (iii) determined by the accountholder. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. After three (3) unsuccessful login attempts, the system locks the user out, requiring a phone call to ANB to reset the password before re-entry into the system. We recommend that you create a unique access ID that utilizes both upper and lowercase alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as Social Security numbers, addresses, dates of birth, or names of children, and should be memorized.
You understand the importance of your role in preventing misuse of your Accounts through Online Banking and you agree to promptly examine your paper or electronic statement for your ANB Account as soon as you receive it. You agree to protect the confidentiality of your Account, Account number, and personal identification information, such as your driver's license number and Social Security number. Your password, access ID and MFA (Multi-Factor Authentication) are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security. Once the server session is established, the user and the server are in a secured environment. The server has been certified as a 256-bit encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between ANB and customer is encrypted and can only be decrypted with the public and private key pair. Requests must filter through a router and firewall before they are permitted to reach the server. Notwithstanding our efforts to ensure that Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and potentially can be read by others. YOU HAVE READ OUR SECURITY STATEMENT AND ACKNOWLEDGE THAT THE ELECTRONIC SECURITY MEASURES USED IN YOUR ONLINE BANKING TRANSACTIONS ARE REASONABLE AND ACCEPTABLE.
Transfers initiated through Online Banking before 5:00 PM (Central Time) on a Business Day are posted to your Account the same day. Transfers completed after 5:00 PM (Central Time) on a Business Day will be posted on the next Business Day. Transfers completed anytime other than a Business Day will be posted on the next Business Day. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers or bill payments from your Accounts in order to avoid overdrafts.
If your Account has insufficient funds to perform all Electronic Funds Transfers you have requested for a given Business Day, then: (a) Electronic Funds Transfers involving current disbursements, like ATM withdrawals, will have priority; (b) Electronic Funds Transfers initiated through Online Banking, which would result in an overdraft of your Account, may, at our discretion, be cancelled; or (c) in the event the Electronic Funds Transfer initiated through Online Banking would result in an overdraft of your Account and is not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Online Banking Bill Payment Service
Through Online Banking you may subscribe to our optional Bill Payment Service. The Bill Payment Service allows you to schedule payments through the Internet for current, future, and recurring bills from your checking Account with us. You may use our Bill Payment Service to direct us to make payments from your designated Account to the Payees you choose in accordance with this Agreement. You may use the Bill Payment Service to authorize recurring Payments or non-recurring Payments. Recurring Payments are Payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee. Recurring Payments may be scheduled for a set period of your choice or to continue until you cancel the Recurring Payment. In the event your Payee gets to a zero balance, Bill Pay Service will continue to send Payments until you cancel the Payment or your Account lacks the necessary funds to make the Payment. Non-recurring Payments are a single, one-time Payment to a specified Payee. Non-recurring Payments may be scheduled to be initiated up to twelve (12) months in advance.
To subscribe to Bill Payment Service, you must designate a primary checking Account to begin the Bill Payment transactions. The Account you designate for this purpose must be in good standing with us in accordance with our criteria. Bill Payment Service is intended for use only by individuals and sole proprietors. Other types of legal entities (partnerships, companies, corporations) are not permitted to use the Bill Payment Service. We will not permit you to use a money market or savings account as your designated Bill Payment Service Account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts. Requirements for dual signatures on checks do not apply to the Bill Payment Service.
To complete a Bill Payment transaction, you must designate the Account from which the Payments are to be made, the complete name of the Payee, the Payee's account number, and the Payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the Payment; and the date you want the Payment to be debited from your Account. If the date you want the payment to be debited from your Account is not a Business Day, your Account will be debited the next Business Day. By using the Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated Account by transfer, or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any Payee designated by you. If we do so, we will promptly notify you.
You can use the Bill Payment Service to make payments to almost any Payee or Merchant you want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc. However, the Bill Payment Service cannot be used to make payments for the following:
- Tax payments to the Internal Revenue Service or any state, local or other government agency;
- Court-ordered payments such as child support or alimony; and
- Payees located outside of the United States.
By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us. When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account and on the day you have instructed them to be sent ("Payment Date"). We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment. Funds for ALL Bill Payments paid electronically or by single (corporate) check, will be withdrawn from your Account on the date you request Payment to be made. Funds for Bill Payments paid by draft check will be withdrawn when the check is cleared by the Payee.
For current bill pay transactions, you will need to have sufficient available funds in that Account to cover the amount of the bill payment on the day you initiate the payment, and we will debit your Account at that time. If there are insufficient available funds in the Account when we try to debit it, then we may not allow the bill payment to go forward. We will not be liable for any harm that may occur due to a delay in notice or in processing. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement.
We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant.
We limit the amount of each individual Bill Payment transaction to $999,999.00.
Payments are typically processed on Business Days at 6:00 PM (Central Time). You cannot schedule a Payment on a non-Business Day and you will have to select a different date for the Payment. Auto Recurring Payments that occur on a non-Business day will be processed on the preceding Business Day. The Payment method may be electronic or by check. The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide.
Any Payments made with the Bill Payment Service require sufficient time for your Payee to properly credit your account with them. To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for any late fees or finance charges. We will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee.
You agree to have available collected funds on deposit in the Account you designate in amounts sufficient to pay for all Payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other term of this Agreement. If you have insufficient funds in your designated Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such payment obligations on demand. You further agree that we, at our option, may charge any of your Accounts with us to cover such payment obligations.
Any Payment can be changed or cancelled; provided you access the Service prior to 3:00 PM (Central Time) on the Business Day the Payment is going to be processed. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the Payment has cleared. Once the Payment has cleared, you can no longer stop payment.
If all Payment guidelines were followed and a Payment is still posted late to your account with a Merchant resulting in late fees, we may, at our discretion, make an attempt to have the Merchant waive the late fees. If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by Bill Payment Service. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the date you requested the Payment be made. It is imperative to note that Merchant grace periods are not taken into consideration. If adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, we will not be liable for any late fees.
If the Merchant is not willing to discuss late fees or the status of your account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant and you agree to provide such authorization.
You are solely responsible for controlling the safekeeping of and access to your Bill Payment information. 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 change your Online Banking logon password. In the event that you have experienced unauthorized access to our Bill Payment Service, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, change your logon information and take such other and further steps as we may request. If you have an ANB Account that requires two (2) signatures for withdrawals, please note that Bill Payment Service will be unable to accommodate this feature. If you chose to sign up for the Bill Payment Service, ANB will not be liable for disputed payments on accounts with two (2) signatures required.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are 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 our agent.
If the Payee is to be paid by paper check, you understand and agree that paper checks are mailed to the Payee and the Payee may not receive the payment by the date you requested Payment be made. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment Payee to properly post a payment to your account.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your Account, you CANNOT cancel or stop the bill payment, which has been paid electronically or by check. You may be able to stop an Online Banking bill payment paid by paper draft check by contacting us by telephone at 806-378-8000 before the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. You may be able to stop an Online Banking Bill Payment paid by single corporate check by contacting us at 806-378-8000 before the single corporate check has cleared, it is important to note that stopping a single corporate check will not stop the amount from being debited from your Account on the date Payment was requested to be made, however the credit for the stop payment will show before the debit. We will notify you immediately if the paper draft or single corporate check has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the Payee, the payee-assigned account number and the amount and scheduled date of the Payment. You will incur stop payment charges as disclosed in the current fee-schedule for applicable amount.
You will not receive a separate Online Bill Payment Banking statement. Transfers to and from your Accounts using Online Banking will appear on the respective paper or electronic statements for your ANB Accounts and you should carefully review the paper or electronic statements.
The Agreement also governs your use of any and all mobile services provided by ANB. You may use the Services to deposit Items to your Account by creating an Image of the Item using a Capture Device, and transmitting that Image to us for deposit. You may transmit Images to us only from a Capture Device located in the United States.
- Hardware and Software Requirements. You agree to transmit an Image to us using only a Capture Device as we may have expressly authorized for your use to transmit Images. We may reject Images that you transmit to us with an unapproved Capture Device or by other means to which we have not given our consent. Any Capture Device that you use to transmit Images to us pursuant to this Agreement must be approved by us. We may change the list of approved Capture Devices from time to time. You are solely responsible for the security of the Capture Device, and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Capture Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time. You are responsible for all costs of using the Services and operating the Capture Device, including, but not limited to telephone and internet service charges. You are responsible for maintaining the system's capacity and connectivity required for use of the Services. We shall notify you of those requirements, and we may amend them from time to time.
- Image Quality. You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.
- Processing Images. You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD. We reserve the right to reject and to refuse to process any Image you send to us for any reason or no reason, without prior notice to you.
- Limits. We may establish limits on the dollar amount and/or number of Items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
- Deposit of Other Items; Deposits when Services Not Available. You agree that you will not use the Services to deposit anything not meeting the definition of an Item. If you use the Services to transmit anything that is not an Item, or if for any reason we are not able to recognize as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a branch, ATM, or bank by mail. You further agree to use such other channels when the Services may not be available.
- Returned Items. You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Services are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
- Handling of Transmitted Items. You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Services. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you. For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for a minimum of five (5) calendar days from the date of the Image transmission, and thereafter to destroy each Item of which you have transmitted an Image after fourteen (14) days.
- Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
- Payment Processing. At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party. The Images you send us are not considered received by us until you receive a message from us acknowledging that we have accepted your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free. As stated in Section 4 of this Agreement, we may refuse to process any Image you send to us for any reason or no reason. If an Image you transmit through the Services is received and accepted before 5:00 pm Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds from Items deposited through the Services will be made available to you pursuant to our Funds Availability Policy. See the section entitled "Funds Availability Policy" in your Deposit Agreement. You consent to the electronic delivery of hold and error in deposit notices. Notices may be sent to your e-mail address.
10. Fees. You are responsible for paying the fees for use of the Services as the Bank may charge them from time to time. The Bank may change the fees for use of the Services at any time. You authorize the Bank to deduct any such fees from any account in your name.
11. Representations and Warranties. You make the following representations and warranties to us:
- You will use the Services to transmit and deposit Images of Items only.
- You will transmit only Images of Items acceptable for deposit through the Services and will handle Items as agreed herein.
- You are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item.
- Items have not been altered.
- Each Item bears all required and authorized endorsements.
- Each Item has been endorsed as "For deposit only".
- All of the warranties set forth in Section 4-207 of the Uniform Commercial Code as adopted in the State of Texas, in addition to any other warranties made by us to any third party under any applicable law.
- All Images accurately and legibly represent all of the information on the front and back of the Item.
- You will not use the Services to transmit or deposit any Item, (i) payable to any person or entity other than you, (ii) drawn on your own account, (iii) which you know or should know to be fraudulent, altered, unauthorized, or missing a necessary endorsement, (iv) that is a substitute check or image replacement document, (v) that is drawn on an institution located outside of the United States, or (vi) that is created by you purportedly on behalf of the maker, such as a remotely created check.
- No depositary bank, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, a substitute check, the original check, or a paper or electronic representation of a substitute check or the original check such that that person will be asked to make a payment based on a check that it already has paid.
- You will use the Services as required by the User Guide.
- Your understanding that acceptance of the End User License Agreement is required for use of the Services.
- You, if acting on behalf of a small business entity, are fully authorized to execute this Agreement.
12. Mobile Money Services.
- ANB offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with ANB as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
- Questions: You can contact us at “www.anb.com” or 806-378-8000, or send a text message with the word "HELP" to this number: 806123. We can answer any questions you have about the program.
- To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 806123. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
Change of Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any Online Banking service, increased liability for you, fewer types of available Electronic Funds Transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an Account or our Electronic Funds Transfer system. We will post any required notice of the change in terms on the ANB website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our Electronic Funds Transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures.
We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the Accounts or services to which these changes relate, at your option. We also reserve the right, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
In Case of Errors or Questions about your Electronic Transfers
Please refer to the ANB Web Site Terms and Conditions for reporting an error or questions about an electronic transfer.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your Account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, some exceptions apply. We will not be liable, for instance:
- If through no fault of ours, you do not have enough money in your Account to make a transfer;
- If a legal order directs us to prohibit withdrawals from the Account;
- If your Account is closed, or if it has to be frozen;
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts;
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation;
- If any electronic terminal, telecommunication device, or any part of the Online Banking Electronic Funds Transfer system is not working properly and you know about the problem when you started the transfer;
- If you have not provided us with complete and correct payment information for the Bill Payment Service, including without limitation, the name, address, your Payee-assigned account number, payment date and payment amount for the Payee on a bill payment;
- If you have not properly followed the on-screen instructions for using Online Banking; or
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we may have taken.
Your Liability for Unauthorized Transfers.
Contact us at once if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your Accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses.
Right to Terminate
You agree that we can terminate or limit your access to Online Banking for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your ANB Accounts; Online Banking service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits;
- Upon three (3) business days’ notice, if you do not contact us to designate a new primary checking account immediately after you close your checking account; or
- Upon reasonable notice, for any other reason at our sole discretion.
We reserve the right to terminate your use of the Online Banking service and/or Bill Payment Service at any time without prior notice to you. If you do not access or use the Online Banking service for a period of more than one hundred eighty (180) days or the Bill Payment Service for a period of more than sixty (60) days, we may in our sole discretion, terminate your access to and use of such service without notice to you.
If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting ANB as stipulated below. We will delete all outstanding Payments (both one-time and recurring), as part of your Service termination. We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Payment Service.
We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto. You may not assign this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Texas. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL. If any provision of this Agreement is found unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. This Agreement is binding upon your heirs and ANB's successors and assigns. The obligations under this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive such termination, cancellation or expiration. This Agreement is intended to supplement and not to replace other agreements between you and us relating to your Accounts. In the event of a conflict between this Agreement and any other Account rules and agreements that apply to your Accounts, this Agreement shall govern and prevail.
Please refer to the ANB Web Site Terms and Conditions for communicating with us.
Privacy and User Information
You acknowledge that in connection with your use of the Services, ANB and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The ANB and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The ANB and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use
You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by ANB (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of ANB or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose ANB, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
Indemnification and Limitations on Liability
In addition to the indemnifications and limitations on liability contained in the Terms and Conditions, you hereby indemnify and hold us harmless for any claim, cost, loss or damage caused directly or indirectly by your failure to comply with the terms of this Agreement or by your breach of any representation or warranty contained herein.
AMARILLO NATIONAL BANK SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN THOSE CAUSED SOLELY AND DIRECTLY BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL IN FEES YOU PAID FOR THE USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO THE SUPPOSED ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. AMARILLO NATIONAL BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED BY AMARILLO NATIONAL BANK ON AN "AS IS" BASIS, AND THAT YOU USE IT AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AMARILLO NATIONAL BANK MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This Agreement does not transfer to you any ownership or proprietary rights in the Services, the Capture Device or any associated software or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Services, Capture Device and any associated software. Neither you nor any user you authorize will:
- sell, lease, distribute, license or sublicense the Services;
- modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Services or any part of it in any way for any reason;
- provide, disclose, divulge or make available to or permit use of the Services by any third party;
- copy or reproduce all or any part of the Services; or
- interfere, or attempt to interfere, with the Services in any way.
USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME. THIS AGREEMENT IS PROVIDED IN ELECTRONIC FORM AND BY USING THE SERVICES, YOU AGREE TO ACCEPT THIS AGREEMENT IN THAT FORM. PLEASE READ THIS AGREEMENT CAREFULLY AND ONLY ACCEPT IT IF YOU FULLY UNDERSTAND ITS CONSEQUENCES.