1. Scope of this Agreement
This Agreement between you and Jonesboro State Bank governs your use of our Internet Banking and Bill Payment services (the “Service”). The Service permits our customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
Access ID – means an Access Identification Code used to access the Internet Banking Service
ACH Origination - refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).
Affiliates- means a company related by common ownership or control
Agreement - means these terms and conditions of the Internet Banking and Bill Payment services.
Authorized User - is any individual, Consumer, agent, or Sub-User, Sub-User Administrator, Focus Customer or Business Customer whom you allow to use the Service or your Passcode or other means to access your Eligible Account(s).
Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery services, checkfree Services Corporation.
Biller – is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account - is the checking account from which all Service fees will be automatically debited.
Business Day - is every Monday through Friday, excluding Federal Reserve holidays.
Business Customer - Refers to anyone other than a Consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff - Refers to the cut-off time for posting ACH transactions through cash management services. The cut-off time for online transactions is based upon our Business Days and the Central Standard Time zone. For posting purposes, we will process all transactions completed by 2:00pm on the same Business Day. Transactions completed after 2:00pm will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in this Agreement.
Consumer – Refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
Due Date - is the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts –An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment Service Provider. You may request Internet access to any account that you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account. When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Focus Customer – individual who initially enrolls on behalf of a Business Customer. The Focus Customer is an individual who is both an authorized signer on an eligible Business Customer account and has been given the authority to establish and manage Sub-User access to the Internet Banking Service. The Focus Customer is considered to have full authority to act on behalf of the Business Customer and any other authorized signers. A Focus Customer can designate and remove Sub-Users and may assign certain administrative rights to a Sub-User.
Joint Accounts – an Eligible Account that is added to the Service which is jointly held or has multiple signers.
Laser Draft Payment – is a payment method similar to a check written by you on your Payment Account. Billers should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds remitted to the Biller are deducted from your Payment Account when the Laser Draft is presented to this Financial Institution for payment. As a result, neither this Financial Institution nor its Service Provider(s) can control when your Payment Account will be debited for a Laser Draft Payment.
Passcode - means your password that is known solely by you and not by this Financial Institution or our Service Providers that you use to access the Internet Banking Service.
Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
Payment Instructions- is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment - is a Bill Payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date - is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited (other than Laser Draft Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
Service – means the Internet Banking, Bill Payment and Delivery services offered by Jonesboro State Bank through its Service Providers.
Service Guarantee – the amount this Financial Institution’s Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a Bill Payment post after its Due Date.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that this Financial Institution may involve in the provision of Internet Banking, Bill Payment, and electronic Bill Delivery services.
Sub-User - means an Authorized User who has been assigned access to a Business Customer’s Eligible Account by a Sub-User Administrator. Sub-Users may be granted full or limited access to originate online transfers such as ACH transactions and/or wire transfers.
Sub-User Administrator – refers to an administrative user available only to Business Customers. A Sub-User Administrator may administer and assign access rights to Sub-Users.
You and your – As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the eligible accounts, Business Customer, Focus Customer, Sub-User Administrator as well as any Authorized Users or Sub-Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
We, us, or our – As used within this Agreement, refer to Jonesboro State Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that Jonesboro State Bank may involve in the provision of the Service.
3. Prerequisites for Enrolling in the Internet Banking Service
In order to enroll in the Internet Banking Service: You must have an Eligible Account with this Financial Institution; Your account with us must be in good standing; You must be at least 18 years of age. If you enroll for our bill payment services, you must also be a resident of the United States or its possessions.
Hardware and Software Equipment Requirements:
You must have a computer and Internet browser that will support 128 bit encryption. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet Banking Service. Some features of the Internet Banking Services may not be supported with older browsers. You will need Internet access through an Internet service provider (ISP). You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures. You will also need an external email address for the delivery of electronic notices and disclosures. You must maintain fully updated anti-virus protection on your computer at all times. Prior to enrolling in the Internet Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Internet Banking Service and to retain a copy of this Agreement. If we revise hardware and software requirements, and if there is a material chance that impact your ability to access the Internet Banking Service, we will give you advance notice of these changes and provide you an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. Change to paper format vs. An electronic format) without the imposition of any fees.
4. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include:
Monthly account statements
Deposit account disclosures
Notices regarding changes in account terms and fees
The equipment necessary for accessing these types of disclosures electronically is described above in Section 3. If you consent to receive electronic disclosures and later change your mind, you may withdraw your consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:
Sending us a letter to Jonesboro State Bank PO Box 580, Jonesboro, LA 71251
Sending us a secure message through the Internet Banking Service, or
By contacting us at this phone number: 318 259 4411
If you send us a secure message through the Internet Banking Service or write us a letter, please be sure to identify yourself and the applicable accounts. As part of the enrollment process, we may ask if you want to receive electronic only versions of your account statements (e-statements). If you enroll for e-statements and then later decide that you want to receive paper statements, you can “opt-out” of electronic delivery on the “Statements” page within the Internet Banking Service. After your opt-out request is processed, you will begin receiving paper copies of account statements and additional charges may apply. If you enroll for e-statements and then later close your accounts with Jonesboro State Bank, your access to the Internet banking Service will also be terminated. You may request paper copies of historical statements at the address listed above. You should print or save a copy of all disclosures delivered electronically. Internet banking customers may request paper copies of disclosures such as this Internet Banking Agreement free of charge.
5. Basic Internet Banking Services
The basic features currently available through the Service include:
Up to 24 months of complete Internet transactional detail and history
Account Inquiries for balances, rates, etc.
Copies of monthly Account Statements
Transfers between your accounts
Secure e-mails via the Service’s messaging system
Secure File Transfers
View loan balances
Payments to loans
Stop payments on checks that you have written
Direct Connect and Web Connect integration to Quicken/quickbooks
We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
6. Other Basic Internet Banking Features
A. Stop Payment Feature
The stop payment feature within the Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature is accessible in the “User Services” menu of the Internet Banking Service and provides a means to securely forward your stop payment requests to us for processing. Stop payment requests received through the Service will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact our Internet Banking Department directly via telephone or in person. The stop payment feature within the Service should not be used to cancel transfers and Bill Payments. There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information or contact us at 318 259 4411. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request. Additional information on stop payments is available within the Service.
B. Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services
Additional features within the Service include: secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes or document requests will generate a secure email to this Financial Institution. Generally, requests received through the Service’s secure e-mail feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our Internet Banking Department. In addition, in the User’s Services menu, you can request Bill Payment services and the addition/ removal of Linked Accounts. The secure file transfer feature within the Service provides a means for you to forward files to this institution in a secure manner.
7. Commercial Internet Banking Services
Additional online features are currently available for Business Customers. These features may be subject to additional terms and conditions.
ACH Credit Origination
Direct Deposit Originations
NACHA File Imports
We may add or remove certain features and/or functionality from time-to-time. Business Customers interested in these services should contact us for additional information.
Basic Internet Banking Service: (view balances and account transfers) – No charge
Bill Payment Fees: The first 3 monthly Bill Payment fees will be waived, after the 3 month introductory period, Bill Payment fee is $5.00 per month. For Business Customers, additional charges may apply for services such as: ACH Origination, or NACHA File Imports. These fees may vary and are subject to separate agreements. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the Internet Banking Service was used during the billing cycle.
9. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll in any of our offices. You can also print the enrollment form accessible on our website and mail it to us at the address listed at the beginning of this Agreement. The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process. When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Internet Banking Department will verify the information you submit for accuracy and proper authorization. Business Customers interested in the commercial features of the Service should contact us directly at 318 259 4411 or you may send us a secure message through the Service. Once you enroll in the Internet Banking Service, there is no additional enrollment process to utilize a mobile device
10. Linked Accounts
When you first enroll for the Basic Internet Banking Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 318 259 4411 or send us a secure email message through the Service. With the exception of sole proprietors, Business Customers may not link personal Consumer accounts to the Service. If the Eligible Accounts added to the Service are jointly held or have multiple signers you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service.
11. Signature Requirements
When any online transfer, ACH, or other Payment Instruction is initiated through the Internet Banking Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Internet Banking Service. If your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Internet Banking Service. Authorized Users of Business Customers that may be assigned payment or transactional capabilities through the Internet Banking Service should be authorized by the Business Customer to make or approve electronic transfers, even though that person’s authority to make transfers by other means may still require dual signatures. If Authorized Users are not authorized persons on the signature card for each Linked Account, the Business Customer account owner(s) has the obligation to inform Institution of the new individual or individuals with such authority. Such notice must be given to us by calling us at 318 259 4411, you may also write to PO Box 580, Jonesboro, LA 71251
12. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day. The balances within the Service are updated periodically and the Service will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
13. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still “pending”. In order to cancel or change a pending transfer, use the following procedures:
1. Log in and make edits to the appropriate transaction.
2. Edits must be made before 6:00pm for transfers scheduled to be processed the same Business Day
3. You may edit a pre-scheduled (future dated/automatic) transfer anytime before 6:00pm on the Business Day before the scheduled transfer date.
4. For transfers, you can change the transfer amount to $0.00, or
5. If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
If you need to edit a pending or approved transaction after-cut-off time, please contact us immediately; although in these situations, we may not have sufficient time to stop the transfer from further processing. Separate agreements with Business Customers will detail the required time-frames for submitting and making changes to ACH transactions.
14. Transaction Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance. Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized (automatic) electronic funds transfers (efts), during a given monthly statement period. Online account transfers and bill payments are counted toward the six permitted monthly transfers. Please refer to your original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits on the number of transfers or Bill Payments from your checking account, therefore this financial institution currently limits the Bill Payment Service to only checking accounts.
15. Bill Payment Terms and Conditions
(A) Bill Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling Bill Payments you must select a Scheduled 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 Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
(B) The Bill Payment Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within this Agreement, this Financial Institution and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.
(C) Payment Authorization and Payment Remittance
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives. When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.
(D) Payment Methods
Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a Laser Draft Payment.
(E) Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement.
(F) Bill Payment Stop Payment Requests
You may cancel or edit a Scheduled Payment up until the time that payment processing begins. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment, it cannot be cancelled or edited and a stop payment request must be submitted. We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun. The ability of this Financial Institution and its Service Provider to process a stop payment on a Bill Payment request that is already in process will depend on the payment method and whether or not the payment has cleared. If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact our Customer Service department immediately at 318 259 4411. We will make every effort to accommodate your request but we will have no liability for failing to do so unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized efts. We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule. If we complete a stop payment request on your behalf, Bill Payment privileges may be suspended pending recovery of funds by our Service Provider(s).
(G) Returned Payments
In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
(H) Bill Payment Information Authorization
Requests for Bill Payment privileges may not be fulfilled if this Financial Institution and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service; you agree that this Financial Institution and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that this Financial Institution and its Service Providers reserve the right to obtain financial information regarding your account from a Biller or your Financial Institution (for example, to resolve payment posting problems or for verification).
(I) Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments to Internet gambling sites are also prohibited through the Service.
(J) Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall this Financial Institution or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
(K) Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
(L) Failed Transactions
In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that: You will reimburse our Service Provider immediately upon demand the transaction amount that has been returned; For any amount not reimbursed to the Service Provider within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower; You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you; and Our Service Provider is authorized to report the facts concerning the return to any credit- reporting agency.
16. Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service’s electronic bill options, you also agree to the following:
(A) Information Provided to the Biller
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by you; contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill. Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Upon activation of the electronic bill feature, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
(D) Cancellation of Electronic Bill Notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
(E) Non-Delivery of Electronic Bill(s)
You agree to hold harmless, this Financial Institution and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
(F) Accuracy and Dispute of Electronic Bill
Neither this Financial Institution, nor its Service Providers are responsible for the accuracy of your electronic bill(s). This Financial Institution and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service. Privacy Notice
(A) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Where it is necessary for completing transactions; Where it is necessary for activating additional services; In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller; In order to comply with a governmental agency or court orders; or If you give us your written permission. Please refer to our privacy notice for additional detail on disclosure of account information.
18. Internet Security
The Internet Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Internet Banking Service, our Internet Banking Department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Internet Banking Service. Access ids and Passcodes - One of the main security features protecting the Internet Banking Service is the unique combination of your Access ID and Passcode. During the enrollment process, you will be asked to select a unique Access ID and Passcode. For security purposes, do not use your account number or social security number as your Access ID. Encryption and access controls are used to protect your Passcode within our database. If you need to reset your Passcode, you may use our online automated Passcode reset feature or you may contact this Institution for assistance. Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Passcode that is difficult to guess. You should not use words based on your name, address or other personal information. Special characters may be used to increase security. Do NOT use dictionary words. Keep your Passcode safe. Memorize your Passcode and do NOT write it down. You should also change your Passcode occasionally, such as every 90 days. Passcodes should not be shared with anyone, even Authorized Users. The “Help” link within the Internet Banking Service will offer tips on choosing a secure Passcode that you can remember. When you enroll for the Internet Banking Service you agree to change your Passcode immediately if you suspect that your Passcode has been compromised. This can be done at any time from the “User Services” menu after you log on to the Internet Banking Service. Neither this Institution nor its Service Providers will contact you by telephone, email or text messaging requesting personal information, such as your Access ID, Passcode, debit card number, or PIN number. If you are contacted by anyone requesting this type of information, do not provide any information and contact our internet banking department immediately. Encryption – The Internet Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Internet Banking Service. The Internet Banking Service requires a browser that supports 128-bit encryption and we will warn you if your browser does not meet this requirement. Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. Certificate Authority - The servers hosting the Internet Banking Service have been certified by a certificate authority to assure you that you are actually talking to the Internet Banking Service instead of someone pretending to be us. By clicking on the lock within the Internet Banking Service, you can view the certificate to ensure it’s valid. Cookies - During your use of the Internet Banking Service, our Internet banking Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. You must accept this cookie to use the Internet Banking Service. The session cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or “permanent” cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer’s hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Internet Banking Service. Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or transaction requests.
19. Your Security Obligations
You are solely responsible for the maintenance, installations, and operation of your computer including but not limited to the use of updated anti-virus protection. Neither This financial institution nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer and software. All Authorized Users should sign-off after every session. While online sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended. Refrain from using public computers (e.g. Computers in a library, Internet café or hotel business center) to access your online banking accounts. The security of public or shared computers cannot be assured. Always keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet Banking Service. Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Furthermore, undetected or un-repaired viruses or malware may affect the security of online accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers. Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem. If you use a wireless Internet connection to access your online accounts, make sure that the wireless network is encrypted. Occasionally we may post important security notices on our website and/or send online banking users security related notices or reminders; it is your responsibility to read all security notices.
20. Protecting Your Passcode
When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individual(s). You are responsible for all transactions authorized or requested though the Internet Banking Service using a valid Access ID and Passcode, including those situations when your Access ID and Passcode are obtained due to compromise to your computer. If you permit other persons to use the Internet Banking Service with your Passcode, or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Internet Banking Service without your consent or has transferred money without your permission, you must notify us at once by calling 318 259 4411 during customer service hours. You can also contact us by sending a secure message through the Internet Banking Service. If you or your Authorized users disclose your Passcode to anyone, and/or if you allow someone to use your Passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Internet Banking Service by them (e.g., such as when you provide this information to a joint account holder, an employee, an aggregation service provider, or when your personal computer is compromised by a key stroke Logging virus or any other type of malware). You agree that we may send notices and other communications, including Passcode change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.
21. Our Liability for Failure to Complete Transactions
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
22. Documentation and Verification of Payments and Transfers
Information regarding Internet Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
23. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods: Telephone us at 318 259 4411 during customer service hours; Contact us by using the secure messaging feature within the Service; or Write to us at PO Box 580, Jonesboro, LA 71251. If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the first statement was sent to you on which the problem or error appears. You must: Tell us your name, relevant Service account number(s), and Access ID; Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and, Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account. For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us at once if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable). If customers who are Consumers tell us within two (2) Business Days after you discover your Passcode, Access ID used or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Passcode, Access ID or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
24. Provisions Applicable Only to Business Accounts
A. Protecting Your Account(s)
The Service will allow Business Customers to establish individual Access ids, Passcodes and privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Access ID or Sub-User that is established. Business Customer(s) will be solely responsible for designating Authorized Users and assigning privileges within the service. As a security measure, Business Customers should evaluate and implement the dual control features within the Service for ACH Origination.
B. Sub-User Administration
Sub-User Administration is an optional service for Business Customers that may be activated at any time after your initial enrollment. The Business Customer shall be solely responsible for designating both the Focus Customer and Sub-User Administrator. A Sub-User Administrator may further authorize other individual Sub-Users who may be granted full or limited online access to the Eligible Accounts, and may also be granted full or limited access to originate ACH transactions and/or wire transfers. Dual control should be established to help regulate the actions of multiple Sub-Users. For security and auditing purposes, each Sub-User should be assigned separate Access ids and Passcodes. All cash management activity is tracked at the Focus Customer level and is viewable by both the Sub-User originator and Focus Customer in the online history. Internal transfers are tracked for each Access ID. A Sub-User Administrator inherits the privileges assigned to the Focus Customer. Notwithstanding the foregoing, please note that a Sub-User Administrator has the ability to remove, change or otherwise alter the restrictions or limits placed upon their rights by the Focus Customer. The Focus Customer or Sub-User Administrator will need to provide the Access ID and temporary Passcode to each new Sub-User. The temporary Passcode will be used to gain access to the Internet Banking Service initially. After the Sub-User’s initial log on, they will be prompted to set up their own unique Passcode, known only to them, for future use of the Internet Banking Service. Business Customer understands that there may be a charge for multiple Sub-Users. You agree to pay all such charges and authorize us to deduct such charges from your business account and any additional charges that may be incurred by you. Any fees associated with your standard business deposit account(s), as described in our fee schedule will continue to apply.
C. ACH Origination
Authorized Users of Business Customers who have been approved for ACH Origination privileges may edit, delete, or “un-approve” ACH transactions prior to the scheduled date for the transaction. Separate agreements will detail the required time-frames for submitting and making changes to ACH transactions. If ACH batch transactions have been approved and submitted to us for processing, you must contact us immediately if any changes are necessary after the designated cut-off time. In these situations, we may not have sufficient time type to stop the transactions from processing before the schedule payment date.
D. Business Customer Liability
business customer represents and warrants that it’s authorized users and sub-users have the appropriate authority to initiate transactions through the internet banking service. Business customer also represents and warrants that it maintains or requires current and updated anti-virus software on all computers used to access the internet banking service by it or on iits behalf. Business customer authorizes this financial institution and its service providers to act upon, and agrees to be bound by, any transaction, whether or not authorized, that is initiated with an access id and passcode of any authorized user(s). Furthermore, any instructions, directions, or other information provided by the business customer, or any of its authorized users, will be deemed to have been authorized by the business customer. This financial institution and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user of the business customer. Business customer assumes any and all liability arising from the use or misuse of the internet banking service or eligible accounts by its authorized users or as a result of a compromised computer due to a breach of any of the foregoing warranties. Business customer agrees to indemnify and hold harmless this financial institution and its service providers for any liability and damages resulting from or acting upon any transaction, direction, instruction, or information that is initiated with an access id and passcode of business customer’s authorized user(s) regardless of whether such transaction, direction or instruction is made by an authorized user. Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Jonesboro State Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to: Require all Authorized Users to keep Passcodes secure and strictly confidential; Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person. We may disable Passcodes of Authorized Users even without receiving such notice from you, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Internet Banking Service. This financial institution and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers’ selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Customers’ development or implementation of said security procedures or the failure of business customer to maintain said procedures. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Internet Banking Service using a valid access id and passcode.
E. Commercially Reasonable Security Procedures
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Internet Banking Service, including procedures to protect the confidentiality of your Access ID and Passcode and the same for your Authorized Users. You agree to notify this Financial Institution in the event that your use of the Internet Banking Service would necessitate or be better served by a level of security that exceeds that offered by the Internet Banking Service. If you fail to notify this Financial Institution, you acknowledge and agree that the security aspects of the Internet Banking Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
F. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods: Telephone us at 318 259 4411 during customer service hours; Write us at: PO Box 580, Jonesboro, LA 71251
G. Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized transactions as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transaction, Jonesboro State Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction. Jonesboro State Bank and its Service Providers shall have no liability to you for any unauthorized transactions made using your Passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice. If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
H. Limitation of Institution Liability
Jonesboro State Bank and its Service Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our willful misconduct. This Financial Institution and its Service Providers will have no liability for any loss or damage: Related to the dishonesty of the Business Customer’s employees, officers, agents, Authorized Users; Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between Jonesboro State Bank and third parties, or any other condition outside of our control.
If this Financial Institution and/or its Service Providers fail or delay in making a payment or transfer pursuant to your instruction, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instruction. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank of Dallas for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against Jonesboro State Bank and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement. Indemnification - Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless Jonesboro State Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Jonesboro State Bank through the Internet Banking Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Internet Banking Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
25. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
26. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We may also send you e-mails and/or secure messages through the Service regarding important Internet Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting our Internet Banking Department at 318 259 4411. Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above. We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
27. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our Internet Banking Department or send us a secure email through the Service. Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date. We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment activity for a period of 6 consecutive months, accessibility may be terminated at the discretion of Jonesboro State Bank. After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Internet Banking Department.
28. Exclusions of Warranties and Limitation of Damages
The internet banking service and related documentation are provided “as is”, “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Notwithstanding our efforts to ensure that the Internet Banking Service is secure, we cannot and do not warrant that all data transfers via the Internet Banking Service will be free from monitoring or access by others. We are not responsible for and you agree to hold us harmless from any damages, losses, costs, errors, deletions, or failures that occur as a result of or in connection with any malfunction of your computer or software, or your failure to obtain adequate online security hardware and software, nor will we be responsible for any computer viruses that affects your computer or software while using the Internet Banking Service. In addition, we will not be responsible for any third party access or attempted access to your computer or software while using the internet banking service or our website. We are not responsible and you agree to hold us harmless for security breaches caused by or arising from a breach of your computer system, Internet provider or your mobile device carrier. You are solely responsible for the maintenance, installations, and operation of your computer including but not limited to the use of updated anti-virus protection. Neither This financial institution nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer and software. The foregoing shall constitute Jonesboro State Bank’s and it’s Service Provider’s entire liability and your exclusive remedy. In no event shall Jonesboro State Bank or its Service Providers be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits or attorneys fees (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and/or your use of the internet banking service.
29. No Unlawful or Prohibited Use
As a condition of using the Internet Banking Service, you represent and warrant to us that you will not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Internet Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
31. No Waiver
This Financial Institution and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of this financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
34. Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
35. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Jonesboro State Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
36. Governing Law and Relation to Other Agreements
Accounts and services provided by this Financial Institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately. This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State Louisiana, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
1. Definitions Applicable to Popmoney Personal Payment Service
Capitalized terms in these Terms and Conditions shall have the same meaning as set forth in Internet Banking and Bill Payment Agreement unless defined otherwise as set forth in this section.
Payment Instruction – is the information provided by the Service for a payment to be made (such as, but not limited to, name, telephone number, and email address).
Receiver – is a person or entity that is sent a payment through the Service.
Sender – is a person or entity that sends a payment through the Service.
Site – means the Jonesboro State Bank website through which the Service is offered to you within Bill Payment.
Transaction Account – means the transaction account from which your payment as a Sender will be debited, your Popmoney service fees will be automatically debited, or to which payment and credits to you will be credited through the Service.
2. Receipts and Transaction History
You may view at least six months of your transaction history by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
3. Prohibited Payments
4. Acceptable Use
5. Payment Authorization and Payment Remittance
By providing us names and/or telephone numbers and/or email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. When we receive a Payment Instruction from you, you authorize us to debit your sending Transaction Account and remit funds on your behalf. You also authorize us to credit your receiving Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payments(s) or cancelled and returned to you because the processing of the payment transaction could not be completed. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. Once registered, you as a Receiver authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you do not register, then funds will not be transferred to you from the Sender’s Transaction Account, and the payment transaction will be cancelled. We will use reasonable efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. If through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The payment is refused as described in section 7 below.
4. You have not provided us with correct information, including but not limited to the correct Payment instructions or Transaction Account information, or the correct name and email address or phone number of the Receiver to whom you are sending a payment; and/or
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware of that this information is inaccurate. Neither the Sender nor Receiver may use a P. O. Box as a postal address. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
6. Payment Methods and Amounts
We may, at our sole discretion, impose limits on the amount of money you can send or receive through our Service. We also reserve the right to select the method which to remit funds on your behalf, and the method to return funds to you in the event that your Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or an electronic to check payment.
7. Payment Cancellation Requests, Stop Payments and Refused Payments
Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the transaction into the Receiver’s account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated and whether the transaction to the Receiver’s account has begun processing. We will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized transaction; we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within 14 (fourteen) days after contacting customer care. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When you initiate a transaction, the Receiver is not required to accept the transaction. You agree that you as the Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not accept a transaction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payment transaction to your eligible Transaction account or use other reasonable efforts to return such payment to you as permitted by law.
8. Mobile Phone Users
Your phone service provider is not the provider of the Service. Users of the Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word “HELP” to this number: 767666. To stop receiving text messages on your mobile phone, text “STOP” to this number: 767666.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, remitting, any taxes arising from any transaction.
10. Service Fees and Additional Charges
Applicable fees will be disclosed in the user interface for or elsewhere within the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fee associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
11. Refused Payments
We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
12. Intellectual Property
“Popmoney” is a trademark of cashedge Inc or its affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all Popmoney page headers, custom graphics, button icons, and scripts are our service provider’s service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
13. Links and Frames
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
14. Remedies for Breach
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time.
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.
17. Law and Forum of Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under section 35 above) must be resolved by a court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
19. Exclusion of Warranties
The site and service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
20. Limitation of Liability
The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the employees and contractors of each of these, for the service and the portion of the site through which the service is offered. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. In no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or service providers or the employees or contractors of any of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court or arbitration proceeding as described in sections 14 and 15 above within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability and the aggregate liability of our affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
1. Eligible Enrollees. You have agreed to accept mobile banking services (the "Services") in accordance with these Mobile Terms and Conditions. The Services are only available to Internet banking customers of Jonesboro State Bank. The terms and conditions of your Internet Banking and Bill Payment Agreement apply to Internet banking and bill payment services that you receive through the Service. By accepting and using the Service, you agree to comply with your Internet Banking and Bill Payment Agreement as well as these Mobile Terms and Conditions.
2. Terms for SMS. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Jonesboro State Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. You must provide source indication in any messages you send (e.g., mobile telephone number, 'From' field in text message, etc.).
3. Terms for mobile check deposit. This Service is designed to allow you to present an image of a legal representation, as defined by federal law, of a check to be deposited into your Institutions checking or savings account electronically. Service Definitions: "Service" refers to Mobile Check Deposit Service of Jonesboro State Bank. "You" or “JSB” refers to the Jonesboro State Bank. "I", "me", and "mine" shall refer to each Customer who is eligible for and uses Mobile Check Deposit. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays. As part of this Service, I must only use official and up to date Jonesboro State Bank applications. I am responsible for all the data that I, submit to you which must accurately represent the information on the original check(s). I agree that the electronic image of the item submitted to Jonesboro State Bank, as defined by federal law, is a legal representation of the check for all purposes, including return check processing. When using this Service, I may experience technical or other difficulties. You do not assume liability for any technical or other difficulties that I may incur. You reserve the right to change, suspend or revoke services, immediately and at any time without prior notice to me. In the event this Service is not available to me, I acknowledge that I can attempt to deposit my check at a branch office location or by mail. Only Checking and Savings accounts are eligible for this Service
(i). Charges or Fees: Jonesboro State Bank does not charge a usage fee for this Service. You reserve the right to start charging for this Service at any time. If an item I transmit for deposit is dishonored, rejected or otherwise returned unpaid, I agree that you may charge back the amount of the return to the account the check was originally deposited to and I will be assessed a fee in the amount shown on Jonesboro State Bank’s current Schedule of Fees and Charges for a returned check. If there are not sufficient funds in my account to cover the amount of the returned check, the account will be overdrawn and I will be responsible for payment. I agree Jonesboro State Bank may debit any account maintained by me in order to obtain payment of my obligations under this Agreement. I acknowledge that wireless providers may assess fees, limitations, or restrictions. I agree that I am solely responsible for all such fees, limitations, and restrictions, and that you may contact me via my wireless device for any purpose concerning my accounts at Jonesboro State Bank, including but not limited to account servicing and collection purposes.
(ii). Eligible Items: I agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC, Availability of Funds and Collection of Checks.
(iii). Ineligible Items: I agree that I will not use this Service to scan and deposit any ineligible items including but not limited to the following: 1. Checks that have been altered in any way. 2. Checks that have been previously cashed, deposited, or negotiated in any way. 3. Checks that are not payable to me. 4. Checks that are not properly endorsed. I acknowledge that ineligible items may cause Jonesboro State Bank to freeze, hold, encumber, or debit my account at Jonesboro State Bank or any other financial institution in an attempt to collect on any ineligible item that is deposited through Jonesboro State Bank’s mobile check deposit service.
(iv). Endorsement Requirements: I agree to endorse all items with my signature, and print "For Mobile Deposit Only" on all items. Jonesboro State Bank reserves the right to reject all items that are not endorsed as specified.
(v). Deposit Limits: When using the Service to deposit funds, such deposits are limited to $50,000 per check.
(vi). Receipt of Items: You reserve the right to reject any item transmitted through this Service, at your discretion. You are not liable for items you do not receive or for images that are not transmitted completely. An image is considered received when I receive a confirmation screen after submitting my Mobile Check Deposit. However, such notification does not mean that the transmission was without error. Once an item is reviewed and approved, my account will be credited at the end of the business day.
(vii). Retention and Disposal of Items: I agree to retain each Mobile Check Deposit item for seven business days after my funds have been posted to my account. After seven business days, I agree to dispose of the item(s) in a way that prevents representing for payment (i.e. shredding). Upon receipt of these funds I agree to mark the item prominently as "Void", and I agree to store each retained item in a secured locked container until such proper disposal is performed. I will promptly provide any retained item to Jonesboro State Bank as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any item.
(viii). Cutoff Time for Deposits: When using the Service to deposit funds, the cut-off time for such deposits is 5:00pm CST. Deposits submitted after this cutoff will be processed on the next business day.
(iv). Availability. When using the Service to deposit funds, funds will not be available to me immediately after submitting a deposit. Deposits are reviewed by JSB and if approved, deposits will be credited to my account at the end of the business day on which the transaction was approved by JSB. JSB’s Regulation CC Funds Availability Disclosure applies to deposits made via Mobile Check Deposit. For a copy of our Reg CC policy, please refer to your opening disclosure packet, or contact us at 318-259-4411, or firstname.lastname@example.org.
4. General. Access to Jonesboro State Bank’s Internet banking services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the "Licensor"). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.
5. Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "Software"). You may not use the Software unless you have first accepted the Mobile Terms and Conditions.
6. License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of Jonesboro State Bank’s services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you, the Licensor or Jonesboro State Bank. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control.
7. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright of Licensor or Jonesboro State Bank.
8. Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
9. Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
10. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
11. U.S. Government Restricted Rights. The Software is commercial computer software subject to restricted rights. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
12. Disclaimer of Warranty. The software is provided on an 'as is' and 'as available' basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the software will be free from defects or viruses or that operation of the software will be uninterrupted. Your use of the software and any material or services obtained or accessed via the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
13. Limitation of Liability. To the maximum extent permitted by applicable law, in no event will mFoundry or its affiliates or licensors be liable for any damages arising out of the use or inability to use the software, including but not limited to any general, special, incidental or consequential damages, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which any claim is based. In any case, the licensor's liability arising out of the use or inability to use the software shall not exceed in the aggregate the sum of the fees paid by you for this license. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.
14. Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
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