SUMMARY OF CHANGE:
Better clarification of the terms of use for both the bank and its technology partners.
OHIO VALLEY BANK INTERNET BANKING AGREEMENT AND DISCLOSURE STATEMENT
This Internet Banking Agreement (“Agreement”) states the terms and conditions that apply when you use the Ohio Valley Bank (OVB) internet banking service. This Agreement and the agreements that apply to accounts you have with us or to other services you obtain from us (“Account Agreements”) will apply to your use of the internet banking service in connection with those accounts and/or services. You must follow all of our instructions and procedures applicable to the services covered by this Agreement.
This Internet Banking Agreement (“Agreement”) states the terms and conditions that apply when you use the Ohio Valley Bank (OVB) internet banking service. This Agreement and the agreements that apply to accounts you have with us or to other services you obtain from us (“Account Agreements”) will apply to your use of the internet banking service in connection with those accounts and/or services. You must follow all of our instructions and procedures applicable to the services covered by this Agreement.
“You” and “your” mean each person who is authorized to use an Internet Banking identification number and password or other means of access we establish or approve. “We” and “our” refers to Ohio Valley Bank. The term “Internet Banking Service” means our Digital Banking and Bill Pay services that allows you to make payments on your Ohio Valley Bank loans, transfer funds, access accounts, obtain information, pay bills to third parties, and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.
Qualifying accounts” are those of your accounts in which you conduct transactions through our Internet Banking Service.
By signing the Digital Banking/Bill Pay Application or by using Digital Banking or Bill Pay to conduct a transaction or review a balance, you agree to the terms of this Agreement.
MOBILE BANKING USERS
Standard messaging, airtime, and data charges may apply; check with your mobile carrier for details. Availability subject to carrier limitations and phone capabilities. Take care to secure your mobile device against unauthorized users. If your device should become lost or stolen, please contact the OVB Customer Support Call Center. 1-800-468-6682, immediately to disable mobile banking as an extra precaution.
Standard messaging, airtime, and data charges may apply; check with your mobile carrier for details. Availability subject to carrier limitations and phone capabilities. Take care to secure your mobile device against unauthorized users. If your device should become lost or stolen, please contact the OVB Customer Support Call Center. 1-800-468-6682, immediately to disable mobile banking as an extra precaution.
SECURITY PROCEDURES
Each person who has applied or who has been approved for our Internet Banking Service will be assigned a unique identification number and password. To access our Internet Banking Service, you must use the identification number, together with a password. Anyone to whom you give your Digital Banking identification number and password, or other means of access, will have full access to your accounts even if you attempt to limit that person’s authority, until you tell us that the person is no longer authorized to make transfers from your accounts. If you have given someone your Digital Banking identification number and password, or other means of access, and want to terminate that person’s authority you must contact us and change your identification number and password to prevent further access by such person.
Each person who has applied or who has been approved for our Internet Banking Service will be assigned a unique identification number and password. To access our Internet Banking Service, you must use the identification number, together with a password. Anyone to whom you give your Digital Banking identification number and password, or other means of access, will have full access to your accounts even if you attempt to limit that person’s authority, until you tell us that the person is no longer authorized to make transfers from your accounts. If you have given someone your Digital Banking identification number and password, or other means of access, and want to terminate that person’s authority you must contact us and change your identification number and password to prevent further access by such person.
Business Accounts. You agree to be bound by instructions made pursuant to these security procedures and such other procedures as we may establish from time to time upon oral or written notice to you, whether or not you authorized the instructions.
DIGITAL BANKING FOR BUSINESS
Those designated as an Administrator for digital banking on behalf of a non-individual entity authorize Oho Valley Bank to provide information via telephone, email, or other means regarding the entity’s account(s) to digital banking users for the entity within the limits set for the user in digital banking. The Administrator understands it is their responsibility to modify these permissions, delete users, or notify the bank to delete users when access should be limited or restricted. The Administrator also acknowledges that verification of the user when they contact the bank using channels other than digital banking will be done using username, email address, and the last four digits of the of the business’s TIN.
Those designated as an Administrator for digital banking on behalf of a non-individual entity authorize Oho Valley Bank to provide information via telephone, email, or other means regarding the entity’s account(s) to digital banking users for the entity within the limits set for the user in digital banking. The Administrator understands it is their responsibility to modify these permissions, delete users, or notify the bank to delete users when access should be limited or restricted. The Administrator also acknowledges that verification of the user when they contact the bank using channels other than digital banking will be done using username, email address, and the last four digits of the of the business’s TIN.
INTERNET BANKING TRANSACTIONS
With our approval, you, or someone you have authorized by giving that person your Internet Banking identification number and password (even if that person exceeds your authority), can instruct us to perform the following transactions:
With our approval, you, or someone you have authorized by giving that person your Internet Banking identification number and password (even if that person exceeds your authority), can instruct us to perform the following transactions:
Make transfers between your qualifying accounts to the extent authorized;
Obtain information that we make available about your qualifying accounts;
Pay bills to third parties;
Obtain other services or perform other transactions that we authorize;
Make payments from qualifying accounts to your Ohio Valley Bank loans;
Stop Payment Orders initiated through Digital Banking on checks you have written on your account(s); and
Stop Payment Orders on amounts paid to third parties through “Bill Pay.”
Obtain information that we make available about your qualifying accounts;
Pay bills to third parties;
Obtain other services or perform other transactions that we authorize;
Make payments from qualifying accounts to your Ohio Valley Bank loans;
Stop Payment Orders initiated through Digital Banking on checks you have written on your account(s); and
Stop Payment Orders on amounts paid to third parties through “Bill Pay.”
LIMITS ON INTERNET BANKING TRANSACTIONS
You must have enough available money in any account from which you instruct us to make a payment or transfer at the time your account is to be debited for that payment or transfer.
You must have enough available money in any account from which you instruct us to make a payment or transfer at the time your account is to be debited for that payment or transfer.
If your request involves an intra-bank transaction, such as making a payment on a loan or transferring funds between accounts, you must request a transfer before 9:00 p.m. eastern on a Business Day in order for it to be completed on that Business Day. If a payment is set up to go via check, you should set the payment date to allow for the 10-day lead time that is required. If the payment is electronic please allow 3-4 days lead time.
EMAIL
Messages sent by email may not be secure, may be intercepted by third parties and may not be immediately received by the appropriate department at Ohio Valley Bank. You agree not to use email to send us communications that contain confidential information, which we require in writing, or which needs our immediate attention, and to call us instead at (800) 468-6682 in such circumstances. A “receipt” acknowledgement on an email message means only that the message has been routed into the Internet not that Ohio Valley Bank has received the message.
Messages sent by email may not be secure, may be intercepted by third parties and may not be immediately received by the appropriate department at Ohio Valley Bank. You agree not to use email to send us communications that contain confidential information, which we require in writing, or which needs our immediate attention, and to call us instead at (800) 468-6682 in such circumstances. A “receipt” acknowledgement on an email message means only that the message has been routed into the Internet not that Ohio Valley Bank has received the message.
BUSINESS DAYS
Our Business Days are Monday through Friday, excluding holidays. Our Internet Banking Service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update account information on Business Days.
Our Business Days are Monday through Friday, excluding holidays. Our Internet Banking Service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update account information on Business Days.
STATEMENTS
You will receive a monthly statement for each month in which you have an electronic transfer involving your Account. In any case, you will receive a statement at least quarterly.
Your Internet Banking payments and transfers will be described on these statements. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
BALANCE INQUIRIES
You may use the Internet Banking Service to check balances of your qualified accounts. Deposits still subject to verification by us may be included in your balance. Your account balance(s) may also differ from your records because of deposits in progress, outstanding checks, and the time involved in processing items or other withdrawals, payments, or charges.
You may use the Internet Banking Service to check balances of your qualified accounts. Deposits still subject to verification by us may be included in your balance. Your account balance(s) may also differ from your records because of deposits in progress, outstanding checks, and the time involved in processing items or other withdrawals, payments, or charges.
FEES
You agree to pay a monthly fee for the Service that is noted at the time of application or via notice as it may be amended from time to time. In your application/enrollment, you have designated a checking account from which you would like the applicable fees deducted. If there are insufficient funds in the account to cover applicable fees at any time, you authorize us to deduct the fees from any account you have at Ohio Valley Bank with or without prior notice.
You agree to pay a monthly fee for the Service that is noted at the time of application or via notice as it may be amended from time to time. In your application/enrollment, you have designated a checking account from which you would like the applicable fees deducted. If there are insufficient funds in the account to cover applicable fees at any time, you authorize us to deduct the fees from any account you have at Ohio Valley Bank with or without prior notice.
YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Tell us AT ONCE if you believe that your Internet Banking identification number or password has been lost or stolen. Otherwise, you could lose all the money in your accounts accessed by the identification number or password (plus your maximum overdraft line of credit, if any). Telephoning is the best and fastest way of keeping your possible losses down.
If you believe your identification number or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us immediately at 800.468.6682 or write to us at 420 Third Avenue, Gallipolis, Ohio 45631.
Personal Accounts: If you tell us within two Business Days after you discover that your identification number or password has been lost or stolen, you can lose no more than $50.00 if someone used your identification number or password without your permission. If you do not tell us within two Business Days after you learn of the loss or theft of your identification number or password and we can prove we could have stopped someone from using your identification number or password without your permission, had you told us, you could lose as much as $500.00.
Additional Limit on Liability for Visa-Branded Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transaction using your lost or stolen VISA-branded Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are processed by VISA, or to commercial Cards.
Also, if your statement shows transfers that you did not make or authorize, tell us AT ONCE. If you do not tell us within 60 days after the statement was sent, you may lose the amount transferred without your authorization after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) prevented you from telling us, we may extend the time periods.
Business Accounts: If you do not tell us within 60 days after we send or make available to you a statement showing transfers you did not authorize, you will be liable for any subsequent unauthorized use, if we could have prevented the unauthorized use had you told us within the 60 days provided.
STOP PAYMENT ORDERS
Stop payments may be placed on checks that you have written or authorized by using Digital Banking or by calling the bank. Stop payments may be placed on Bill Pay transactions if placed prior to items being paid. If a bill is paid by check, you may stop payment by using Digital Banking or call the bank; however, if the bill is paid electronically, you must cancel the payment within the Bill Pay system or contact Bill Pay support at 855.407.6303 before the item is processed.
Stop payments may be placed on checks that you have written or authorized by using Digital Banking or by calling the bank. Stop payments may be placed on Bill Pay transactions if placed prior to items being paid. If a bill is paid by check, you may stop payment by using Digital Banking or call the bank; however, if the bill is paid electronically, you must cancel the payment within the Bill Pay system or contact Bill Pay support at 855.407.6303 before the item is processed.
ONLINE FINANCIAL MANAGEMENT TOOLS
In order to utilize the online financial management tools, you may provide basic information including, but not limited to, account number(s) at the institution(s) with which you conduct business. You may also be asked to provide other information. Ohio Valley Bank and its third-party service provider are relying upon the accuracy of that information in order to provide these online financial management tools, and to the extent the information you supply is inaccurate, incomplete or misleading, Ohio Valley Bank will not be able to provide adequate service to you. You agree to keep your registration and account information up to date and accurate.
In order to utilize the online financial management tools, you may provide basic information including, but not limited to, account number(s) at the institution(s) with which you conduct business. You may also be asked to provide other information. Ohio Valley Bank and its third-party service provider are relying upon the accuracy of that information in order to provide these online financial management tools, and to the extent the information you supply is inaccurate, incomplete or misleading, Ohio Valley Bank will not be able to provide adequate service to you. You agree to keep your registration and account information up to date and accurate.
In order to utilize the online financial management tools, you hereby grant Ohio Valley Bank and its third-party provider(s) express permission to access the accounts, whether they are Ohio Valley Bank accounts or not, and all information and data contained therein through the use of any appropriate technology including the use of your account login information. You direct the account providing institution to provide such access to Ohio Valley Bank and its third-party provider and to permit the retrieval of such information and data, to the same extent as if you yourself were accessing the accounts. You represent that your agreements with the account providing institution(s) allow you to grant the above permissions and make the above authorizations. However, you understand that the online financial management tools found within Digital Banking are not endorsed or sponsored by any such account providing institution. You acknowledge and agree the Ohio Valley Bank and the account providing institutions may maintain different types and levels of security against unauthorized access to your accounts.
You acknowledge that the information and data provided to you via the online financial management tools is provided in part by the account providing institution and a third party, and as such Ohio Valley Bank and its third part provider have no control over the information and are not responsible for the content, the accuracy or timeliness of such information and cannot change or correct that information. Please refer directly to your account providing institution(s) for the most current information or contact them directly relative to any information which you believe to be inaccurate or incorrect.
The online financial management tools retrieve information or data on your behalf and provides no direct ability to conduct transactions on the accounts, whether they are at Ohio Valley Bank or not. If you wish to conduct transactions, you must leave the Ohio Valley Bank website and connect directly to the website of the account providing institution. There may be links provided in Digital Banking that will direct you to the account providing institution. These links will not allow you to conduct transactions. Once you click on any such link you will be leaving Ohio Valley Bank's website, and the Bank's privacy and security policies, no longer apply except when you connect to Ohio Valley Bank's site. Such links are provided for your convenience only and neither Ohio Valley Bank nor its third-party provider make any representations or warranties of any kind about the content, use of or inability to use such sites nor does Ohio Valley Bank or its third-party provider assume any responsibility once you leave the website.
MOBILE DEPOSIT
Services. The remote deposit capture services (“services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing images of checks and delivering the images and associated deposit information to Ohio Valley Bank.
Services. The remote deposit capture services (“services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing images of checks and delivering the images and associated deposit information to Ohio Valley Bank.
Limitations of Service. When using the services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the services, in whole or in part, or your use of the services, in whole or in part, immediately and at any time without prior notice to you.
Eligible items. You agree to capture images of, and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to OVB shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Ohio. You agree that you will not use the services to scan and deposit any checks or other items as shown below:
a. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
b. Checks or items previously converted to a substitute check, as defined in Reg CC.
c. Checks or items drawn on a financial institution located outside the United States.
d. Checks or items that are remotely created checks, as defined in Reg CC.
e. Checks or items not payable in United States currency.
f. Checks or items dated more than 6 months prior to the date of deposit.
g. Checks or items prohibited by OVB’s current procedures relating to the services or which are otherwise not acceptable under the terms of your OVB account.
Image Quality. The image of an item transmitted to OVB using the services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Endorsements and Procedures. You agree to endorse any item transmitted through the services with “Mobile Deposit Only,” or as otherwise instructed by OVB. You agree to follow any and all other procedures and instructions for use of the services as OVB may establish from time to time.
Receipt of Items. We reserve the right to reject any item transmitted through the services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from OVB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds. You agree that items transmitted using the services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the services will be available after OVB receives payment for the funds submitted. OVB may make such funds available sooner based on such factors as length and extent of your relationship with us, transaction and experience information, and such other factors as OVB, in its sole discretion, deems relevant.
Disposal of Transmitted Items. Upon your receipt of a confirmation from OVB that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” and after one week has passed properly dispose of the item to ensure that it is not represented for payment. And you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to OVB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for OVB’s audit purposes.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the services and to modify such limits from time to time.
User warranties and indemnification. You warrant to OVB that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to OVB is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws, and regulations.
g. You agree to indemnify and hold harmless OVB from any loss for breach of this warranty provision.
MY FINANCIAL HEALTH SUITE
By accepting this agreement, you acknowledge receipt of our privacy policy and are providing ‘written instructions’ under the FCRA to OVB authorizing the bank to obtain information from your personal credit profile from each credit reporting agency. You authorize OVB to obtain such information solely to confirm your identity and display your credit data to you.
By accepting this agreement, you acknowledge receipt of our privacy policy and are providing ‘written instructions’ under the FCRA to OVB authorizing the bank to obtain information from your personal credit profile from each credit reporting agency. You authorize OVB to obtain such information solely to confirm your identity and display your credit data to you.
You understand that you are providing "written instructions" to OVB and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the products and/or services to you. You agree and hereby authorize Array US Inc., its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time, You waive any and all claims against Array US Inc. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. Your further authorize Array US Inc. and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts. You may opt-out of these services by contacting Ohio Valley Bank at any time.
While enrolling for the My Financial Health Suite products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver's license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others.
QUESTIONS AND ERRORS
For questions and information on error resolution, please consult your Account Terms and Conditions.
TERMINATION
a. By you. You may terminate your use of the Internet Banking Service at any time by contacting us at the telephone number or address stated above at least 10 Business Days before the date when you want the service terminated. We may require that you put your request in writing.
b. By us. We may terminate your use of the Internet Banking Service, in whole or in part, at any time without prior notice. Your access to the service may be terminated automatically if your Internet Funding Account is closed, or access to any of your qualified accounts is restricted for any reason.
c. Effect. Termination will not affect your liability or obligation under this Agreement for transactions we have processed on your behalf.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to use the services, you must obtain and maintain, at your expense, compatible hardware and software as specified by OVB from time to time. OVB is not responsible for any third-party software you may need to use the services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
In order to use the services, you must obtain and maintain, at your expense, compatible hardware and software as specified by OVB from time to time. OVB is not responsible for any third-party software you may need to use the services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
OWNERSHIP AND LICENSE
You agree that OVB retains all ownership and proprietary rights in the services, associated content, technology, and website(s). Your use of the services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the services. Without limiting the restriction of the foregoing, you may not use the services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to OVB’s business interest, or (iii) to OVB’s actual or potential economic disadvantage in any aspect. You may use the services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute, or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the services.
You agree that OVB retains all ownership and proprietary rights in the services, associated content, technology, and website(s). Your use of the services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the services. Without limiting the restriction of the foregoing, you may not use the services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to OVB’s business interest, or (iii) to OVB’s actual or potential economic disadvantage in any aspect. You may use the services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute, or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the services.
OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages proximately caused by our failure. This statement is qualified by the section below labeled “LIMITATION OF LIABILITY.” We will NOT be liable, for instance:
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages proximately caused by our failure. This statement is qualified by the section below labeled “LIMITATION OF LIABILITY.” We will NOT be liable, for instance:
1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, including your overdraft line (if any), or if the account has been closed or is not in good standing.
2. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
3. If you have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
4. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
5. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
6. If the money in the account from which a payment or transfer is to be made is subject to legal process or another claim restricts the transaction.
7. If circumstances (such as fire, flood, or interruptions in electric or telephone service) or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
There may be other exceptions described in our other agreements with you.
LIMITATION OF LIABLITY
Unless otherwise required by law, in no event will Ohio Valley Bank be liable for any damages, including without limitation direct or indirect, incidental, consequential, or special damages, losses or expenses arising in connection with this Agreement or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure, even if Ohio Valley Bank, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Ohio Valley Bank.
Unless otherwise required by law, in no event will Ohio Valley Bank be liable for any damages, including without limitation direct or indirect, incidental, consequential, or special damages, losses or expenses arising in connection with this Agreement or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure, even if Ohio Valley Bank, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Ohio Valley Bank.
SERVICE
By checking ACCEPT:
By checking ACCEPT:
(1) I/We will be bound by the terms and conditions of Ohio Valley Bank’s (hereafter referred to as Bank) Depository Agreement which may be amended at the Bank’s discretion.
(2) I understand that the password can be used to withdraw funds from the account(s) and that I must safeguard this code. I understand that I remain responsible for all activity on my account. All terms and conditions that were disclosed to me when I opened my account continue to apply. I also agree to hold the Bank harmless from any and all costs, suits, expenses, liabilities, damages and attorney’s fees arising from or related to the Bank acting in good faith in accordance with instructions of information that was sent electronically by the customer or the customer’s authorized persons.
(3) I authorize the Bank to disclose information about my account(s) to third parties in order to complete transactions using Digital Banking. I also authorize my Payees to disclose to the Bank and its agents information regarding my account(s) with such Payees in order to complete transactions using Digital Banking, including to resolve questions regarding such transactions.
(4) I agree that the Bank will not be liable to me if any unauthorized person intercepts electronic communications between myself and the Bank.
(5) I must promptly report in writing any error in connection with any Digital Banking service and any discrepancy between my records of orders and requests and the notice I receive from the Bank regarding the Bank’s execution of my orders and requests.
(6) I understand that the Bank will use the email address I have provided to periodically inform me of important bank information.
(7) I agree that neither I nor the Bank shall be responsible for any loss or delay caused by any failure or interruption of any electronic communication system between myself and the Bank which are unavoidable or beyond either party’s reasonable control.
(8) I agree to pay the Bank the fees for placing stop payments and fees associated with other services if applicable. The Bank reserves the right to change fees and charges with advance customer notice.
ENTIRE AGREEMENT
This Agreement, the Internet Banking Service Fee disclosure and the Account Agreements constitute the complete agreement between you and us related to the Internet Banking Service. In the event of a conflict between this Agreement and the Account Agreements or any statement by our employees or agents, this Agreement shall control.
This Agreement, the Internet Banking Service Fee disclosure and the Account Agreements constitute the complete agreement between you and us related to the Internet Banking Service. In the event of a conflict between this Agreement and the Account Agreements or any statement by our employees or agents, this Agreement shall control.
GOVERNING LAW
This Agreement is governed by the laws of the State of Ohio and West Virginia.
This Agreement is governed by the laws of the State of Ohio and West Virginia.
WAIVERS
No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
ASSIGNMENT
You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all our rights and responsibilities under this Agreement to any third parties.
You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all our rights and responsibilities under this Agreement to any third parties.
AMENDMENTS
We may amend or change any of the terms and conditions of this Agreement at any time upon written notice to you in the manner within the time required by applicable law.
We may amend or change any of the terms and conditions of this Agreement at any time upon written notice to you in the manner within the time required by applicable law.
COPYRIGHT
Copyright in Ohio Valley Bank’s Internet pages and in the information and materials therein and in their arrangement, is owned by The Ohio Valley Bank Company, unless otherwise indicated. No one has permission to copy or republish, in any form, any information found on our website and any pages thereof, unless otherwise indicate. Ohio Valley Bank may also claim trademark and service mark rights in other marks contained in the pages.
Copyright in Ohio Valley Bank’s Internet pages and in the information and materials therein and in their arrangement, is owned by The Ohio Valley Bank Company, unless otherwise indicated. No one has permission to copy or republish, in any form, any information found on our website and any pages thereof, unless otherwise indicate. Ohio Valley Bank may also claim trademark and service mark rights in other marks contained in the pages.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF OVB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.