Sanborn Savings Bank is pleased to offer you Online Banking. Our Online Banking product allows you to conduct your banking from the convenience of your home, office, or wherever you have access to the Internet.
You must have an account with Sanborn Savings Bank to access Online Banking. As an account holder with Sanborn Savings Bank, we welcome you to enroll for Online Banking. To enroll online, please read through the remainder of this document and click on the “Accept” button. Print this agreement and disclosure and retain for your records. If you need help enrolling, please contact a Sanborn Savings Bank Customer Service Representative at (800) 409-8455 or (712) 930-3211.
This Online Banking Agreement and Disclosure governs your use of Online Banking. Throughout this agreement, the Agreement and Disclosure will be referred to as “Agreement.” By using Online Banking, you agree to all of the terms of this Agreement. Please read it carefully and retain a copy for your records.
In consideration of the Online Banking Service (“Service”) to be provided by Sanborn Savings Bank (“Bank”) in this Agreement, the words:
- “we,” “us,” “our,” and “SSB” are used to refer to Sanborn Savings Bank and any agent, independent contractor, designee, or assignee Sanborn Savings Bank may involve in the provision of Online Banking;
- “Account” is used to refer to a checking, savings, certificate of deposit, IRA, or loan;
- “you,” “your,” or “customer” is used to refer to the owner of an account or an authorized representative subscribing to or using the Service;
- “Authorized representative” is used to refer to a person with authority of any kind with respect to an account or transaction;
- "Consumer” is used to refer to a natural person who owns an account with respect to which an Online Banking Service is requested primarily for personal, family, or household purposes;
- “Business” is used to refer to anyone other than a consumer who owns an account with respect to which Online Banking Service is requested; and
- “business day” refers to any calendar day other than Saturday, Sunday, or any holidays recognized by Sanborn Savings Bank.
Online Banking Service
Use the Online Banking Service to check the balance in your accounts, review account history, transfer funds between accounts, view check images, view statements, set up alerts, or request stop payments.
Mobile Banking is an optional add-on service to Online Banking allowing you to access the Online Banking Service via a mobile device. By enrolling in Mobile Banking, you agree to be bound by this Agreement in its entirety as well as the service details and requirements outlined in the Mobile Banking section of this agreement. Message and data rates may apply.
Mobile Deposit allows you to make deposits into your Sanborn Savings Bank checking, savings, and money market accounts with your web-enabled phone with a camera using the Sanborn Savings Bank app. By using Mobile Deposit, you agree to be bound by this Agreement in its entirety as well as the service details and requirements outlined in the Mobile Deposit section of this agreement. Sanborn Savings Bank does not charge a Mobile Deposit fee. Message and data rates may apply.
Use Bill Payment to make “on demand” or “recurring” payments to the third parties which you have included on your payee list. Users of the SSB Bill Payment system are subject to the Terms and Conditions set forth by CheckFree. CheckFree may apply fees for certain Bill Payments.
Waiver of Requirement for Two Signatures
You recognize that any requirement of verifying two signatures on checks or withdrawals, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and releases the Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephone transfers, including online bill payments from your account, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons.
ACCESS TO ONLINE BANKING SERVICES
Hardware and Software Requirements
To access and view Online Banking, you must have the following hardware and software:
- A personal computer, tablet or smart phone with an Internet connection
- An up-to-date Internet browser such as Internet Explorer, Firefox, Chrome or Safari
- Software that enables you to view files in PDF format such as Adobe Reader
- An email account with an Internet service provider and email software in order to receive communications from us
Username and Password Requirements
To access Online Banking Services, you must have a Username, a Password, and the required hardware and software. EACH INDIVIDUAL WHO HAS ACCESS TO ONLINE BANKING, INCLUDING EACH INDIVIDUAL NAMED ON JOINT ACCOUNTS, MUST DESIGNATE A USERNAME AND A PASSWORD. Your Username must be a minimum of six characters and is case sensitive. Your Password must be a minimum of nine and a maximum of seventeen characters and is case sensitive. It must have at least one numeric character, one uppercase alpha character, one lower case alpha character, and one special character. For example, your Password may be: “TBG1knbh!.” You should never use words or numbers that are easy to guess such as names, birthdays, or dictionary words such as the word “password.” SSB will never request your password. We will require you to change your Password every 12 months. To change your Password at any time, click on the “Profile” button when logged into Online Banking.
When you login the first time, you will be enrolled in SSB’s Enhanced Online Security system. The Enhanced Online Security system will add an additional layer of security to our login process. This helps ensure that your information is secure and helps to protect you from fraud and identity theft.
Enhanced Online Security is a security system that uses more than one form of authentication to verify the legitimacy of a login attempt. The goal of Enhanced Online Security is to create a layered defense that makes it more difficult for an unauthorized person to access Online Banking.
Enhanced Online Security uses these three layers of verification to prevent unauthorized access:
- Geographic Location
Enhanced Online Security's multiple levels of authentication are:
- A valid Username and Password must be entered correctly.
- The device - computer, mobile phone, or tablet - must be recognized or you may be asked a Security Challenge question.
- Geographic location - if your location is different than normal, you may be asked a Security Challenge question.
An Extended Validation (EV) Certificate commonly referred to as the "green address bar" is an additional layer of security that turns the web browser's address bar green when you access a website that is secured with an EV SSL certificate. The green address bar provides visual confirmation that you are on a secure site. The EV certificate also displays the name of the website's legitimate owner [Sanborn Savings Bank]. The green bar appears differently in various browsers.
If you should enter your Username and Password incorrectly three times, the system will lock any additional attempts to log on to the system. You will need to contact the Bank at (712) 930-3211 or (800) 409-8455 to unlock your Username and Password. You will be asked a security question (that you selected when you enrolled to use Online Banking) for security and identification purposes. An example of a security question would be: “What is your pet's name?” Answer: “Spot.” You may choose any question and answer you wish for your personal security, but you will want to avoid using information that is easy to guess.
If you have forgotten your Password, you can select the "Forgot your password?" link on the Online Banking password screen. You will be prompted to answer several questions only you would know. If you answer the questions correctly, you will be sent an email with a temporary password. The temporary password will only be valid for 30 minutes. When you log in using the temporary password, you will be prompted to change your Password.
You can also contact the Bank at (712) 930-3211 or (800) 409-8455 to reset the Password and provide you with a temporary Password. When you log in using the temporary password, you will be prompted to change your Password.
If you have forgotten your Username, we will delete your Online Banking access and you will need to re-enroll for Online Banking.
To exit Online Banking, click on “Log out,” which will return you to our Bank's public website. If you leave your Online Banking session and do not log out manually, you will automatically be logged out after 20 minutes and will need to enter your Username and Password again to regain access to the system.
If you do not log into Online Banking for a period of one year, your access will be dropped and you will need to re-enroll for Online Banking.
Our Online Banking Service uses industry standard technology to maintain the privacy and security of your personal information and banking transactions. This technology includes your Username, Password, Enhanced Online Security, Secure Sockets Layer (SSL) protocol, and data encryption. Firewalls and intrusion detection systems are also in place for the security of your data. These systems are monitored 24 hours a day.
Subject to the terms of this Agreement, you will generally be able to access your accounts through the website seven days a week, 24 hours a day. At certain times, the Service may not be available due to system maintenance, Internet problems, or circumstances beyond our control.
COMMUNICATING WITH US AND E-MAIL
You may call us at (712) 930-3211 or (800) 409-8455 during normal banking hours. A customer service representative will be happy to answer your questions or assist you.
You should not rely on e-mail for important or time-sensitive notices to us such as stop payment orders; for reporting a lost or stolen PIN, password, credit, debit, or ATM card; for reporting an unauthorized transaction from your account(s); or for giving us billing error notices. E-mail may not be used to request transfers from your account. In any event, we will not take action based on a general e-mail request until we have a reasonable opportunity to react. We also caution you against using e-mail for the transmission of sensitive personal information.
DESCRIPTION OF ONLINE BANKING SERVICES
You can obtain the following information:
- Balance information on all types of accounts, loan payment amounts, payment due dates, and certificate of deposit maturities
- Interest information on your interest-bearing deposit accounts and loan accounts
- Review transactions on your accounts for current and previous statement cycles
- View images of checks
- View and print account statements and histories
- Download your account information to various financial management software programs
- Rental information on your safe deposit box
- Place stop payment orders on checks
You may make the following types of funds transfers:
- Transfer funds from checking to checking
- Transfer funds from checking to savings
- Transfer funds from savings to checking
- Transfer funds from savings to savings
- Schedule a one-time transfer between accounts
- Schedule a recurring transfer between accounts
- Make payments from checking to loan accounts
- Make payments from savings to loan accounts
Transfers and payments made after 6:00 p.m. (Central Standard Time) will not be credited until the next business day.
You will be provided a confirmation number with each transfer. Please print or write down this number when you receive it. It helps us resolve any questions you may have concerning your transactions.
The following limitations for Online Banking Service transactions may apply in using the services listed above:
You may make funds transfers from your checking account to other accounts as often as you like. However, your ability to transfer funds from savings accounts may be limited by federal law, as stated in your deposit agreement. Under these regulations, you may be limited to a specific number of withdrawals or transfers from a savings account or a cash management account by preauthorized or automatic transfer or telephone order or instruction in any one calendar month or statement cycle of at least four weeks. Each funds transfer or payment through Online Banking Service from your SSB Passbook Savings Account is counted as one of the transfers you are permitted per month. Transfers and withdrawals made in person, by mail, or at an ATM are unlimited. If you exceed the transfer limitations set forth by federal law in any month or statement period, your account may be subject to closure by the Bank or converted to another type of account.
By requesting us to make a transfer through use of the Online Banking Service, you are authorizing us to:
- Complete that transfer without the necessity of further instructions or signature by you; and
- Deduct the amount of the transfer from your relevant deposit account.
The Username and Password that you use to gain access to the Online Banking Service and to request transfers acts as your signature.
We reserve the right to refuse any transaction that would draw upon insufficient or uncollected funds or lower an account below a required balance.
It is the customer's responsibility to detect duplicate transactions. Sanborn Savings Bank will pay all transactions initiated online by the customer unless there are insufficient or uncollected funds.
If a hold has been placed on deposits made to an account from which you want to transfer, you cannot transfer the portion of the funds held until the hold expires.
Account Information and Funds Availability
The account balance and transaction history will be limited to the most recently updated account information involving your accounts. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.
The availability of funds for transfer or withdrawal may be limited by when ATM transactions are posted and by our Funds Availability Policy. Our policy is to make funds available to you on the first business day after the day we receive your deposit/transfer. For determining the availability of your deposits/transfers, every day is a business day except Saturdays, Sundays, and holidays recognized by Sanborn Savings Bank. If you make transfers before 6:00 p.m. (Central Standard Time) on Monday through Friday on a business day that we are open, we will consider that day to be the day of your transfer. However, if you make a transfer after 6:00 p.m. (CST) on Monday through Friday or on a day we are not open, we will consider that the transfer was made on the next business day we are open.
You may use the Online Banking Service to place a stop payment order on regular checks written on your checking account. To be effective, we must receive the stop payment order in time to give us a reasonable opportunity to act on it, and before our Online Banking stop payment cut-off time of 6:00 p.m. (Central Standard Time). Stop payments received after 6:00 p.m. (CST) will become effective the following banking day. The Username and Password that you use to gain access to the Online Banking Service and to request transfers acts as your signature. Stop payment orders placed on Online Banking are effective for six months after the date accepted and will automatically expire after that period unless renewed in writing. We are not responsible if you fail to describe the payment exactly.
You may place a stop payment order on an automatic recurring (preauthorized/ACH debit) payment either orally or in writing. We must receive your oral or written cancellation or amendment request in time to give us a reasonable opportunity to act on it, which may include at least three business days before the next payment is scheduled. You may call us at (712) 930-3211 or (800) 409-8455, or write to us at Sanborn Savings Bank, 219 Main St., P.O. Box 539, Sanborn, IA 51248. Oral stop payment orders (including by phone) are binding for 14 days only, unless you confirm the order in writing on the proper form within the 14 day period. Properly signed stop payment orders are effective until the earlier of (1) the withdrawal of the stop payment order by you, or (2) the return of the debit entry, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific Originator, the return of all such debit entries. If you request us to stop payment three business days or more before the payment date, and we fail to do so, we will be liable for your losses or damages. We are not responsible if you fail to describe the payment exactly.
We will charge you $10.00 plus Iowa sales tax and any applicable local sales tax for each stop payment order you give.
Transfers, bill payments, and mobile deposits transacted through Online Banking will be recorded on your periodic statement. You will receive a monthly statement from us for your checking account. You will get a monthly statement from us for your savings account unless there are no transfers in a particular month. In any case, you will get a savings statement at least quarterly.
Your enrollment in Sanborn Savings Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Sanborn Savings Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Sanborn Savings Bank reserves the right to terminate its alerts service at any time without prior notice to you.
Methods of Delivery
We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Sanborn Savings Bank Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message
To stop alerts via text message, text "STOP" to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Sanborn Savings Bank Online Banking. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at (712) 930-3211. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Sanborn Savings Bank provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Sanborn Savings Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Sanborn Savings Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.
Your enrollment in Online Banking includes optional access to enroll in and use Mobile Banking services. In order to access Mobile Banking, you must be an active Online Banking user. Mobile Banking allows you to access your accounts via a mobile device such as a cell phone. You can access Mobile Banking on a mobile device with Short Message Service (SMS), a Mobile Web Browser, or the Sanborn Savings Bank App in conjunction with a text or data plan. Message and data rates may apply.
There are no fees charged by Sanborn Savings Bank for using this service, but you are responsible for any and all charges, including, but not limited to, fees associated with your wireless service provider's text message charges and/or mobile Internet data charges. Additionally, you agree that we may send any Mobile Banking messages through your communication services provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You agree to provide a valid mobile phone number during the enrollment process. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
You may use Mobile Banking to perform balance and transaction inquiries, transfer funds between your eligible Sanborn Savings Bank accounts (internal transfer), access your Bill Payment Service to initiate bill payments. Not all of the products and services available through Online Banking may be available through Mobile Banking. Mobile Banking is provided for your convenience and does not replace your monthly statement(s), which are the official record of your accounts.
You represent that you are an authorized user of the wireless device you will use to access Mobile Banking. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any unauthorized person. If you permit other persons to use your mobile device, login information, or any other means to access Mobile Banking, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you. We make no representations that Mobile Banking will be available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
You agree to notify us immediately if you lose, change, or cancel the number of your enrolled mobile device. If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the device immediately.
We will use reasonable efforts to make Mobile Banking available for your use on a continuous basis. Mobile Banking may be unavailable for short periods of time due to regular or emergency system maintenance. In addition, accessibility to Mobile Banking may be interrupted because of conditions beyond our control, including outages in Internet availability. In the event of outage, we will use diligent efforts to re-establish Mobile Banking promptly. We do not promise Mobile Banking will always be available for your use. We may elect to discontinue Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason including, but not limited to, your non-use of Mobile Banking. You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.
Mobile Deposit allows you to make deposits into your Sanborn Savings Bank checking, savings, and money market accounts with your web-enabled phone with a camera using the Sanborn Savings Bank app. To use Mobile Deposit, you must be a Sanborn Savings Bank account holder and have agreed to the Online Banking and Mobile Banking User Agreements. You may transmit deposits to us electronically only from a mobile capture device located in the United States.
Sanborn Savings Bank does not charge a Mobile Deposit fee. By accepting the Online Banking and Mobile Banking User Agreements, you agree to pay the fee for the Service as set forth in our Limits and Fees Schedule and as may be changed from time to time. Message and data rates may apply from your Internet service provider or mobile carrier.
To use Mobile Deposit you must have a supported mobile device, such as an iPhone® or Android™ smartphone, with a camera that is compatible with Mobile Deposit. You must also have and use a supported operating system, a data plan for your mobile device, and have downloaded the Sanborn Savings Bank app to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service.
All personal and business U.S. checks can be processed through Mobile Deposit. However, there are some checks that you cannot deposit. These include:
a. Checks payable to any person or entity other than you.
b. Checks containing any alteration of which you know or believe to be fraudulent or not
authorized by the owner of the account on which the check is drawn.
c. Checks that are not in original form with an original signature, such as substitute checks or
remotely created checks.
d. Checks that are marked non-negotiable or which are damaged, illegible, or incomplete.
e. Checks drawn on a financial institution located outside the United States.
f. Checks not payable in United States currency.
All deposits received by Sanborn Savings Bank are subject to verification and final inspection. We reserve the right to reject any check transmitted through the Service at our discretion. Sanborn Savings Bank is not liable for any service or late charges that may be imposed against you due to the Bank's rejection of any deposit.
You can transmit mobile deposits to us 24 hours a day, seven days a week including weekends and holidays. However, deposits received by us after the daily cut-off time for Mobile Deposit will be deposited the next business day, provided that the deposit meets all requirements. Deposits submitted on holidays or weekends will also be deposited the next business day, provided it meets all requirements. A business day is defined as Monday through Friday, excluding federal holidays. The daily cut-off time for Mobile Deposit is 1:30 p.m. CST.
You agree to clearly and properly endorse the checks you transmit for deposit through Mobile Deposit and to include the restriction "FOR MOBILE DEPOSIT ONLY" in such endorsement. Any loss Sanborn Savings Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
The front and back images of an item transmitted to us must be legible. Items with poor image quality may delay the deposit process, and you may be instructed to deposit the check using other methods. You agree that we shall not be liable for any damages resulting from items with poor image quality, including those related to rejection of, or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check or item.
We may establish limits on the dollar amount of the check and/or the total dollar amount of checks deposited using Mobile Deposit. These limits may change from time to time without notice. Items transmitted that exceed your limits may result in a rejection of the deposit. Our daily limit and per deposit limit is $10,000.00. Deposits transmitted on Saturday and Sunday will be included in Monday's daily deposit limit.
Upon confirming that you received full credit for the check deposited, you must destroy the check by shredding or other means, or clearly mark "VOID" or "Electronically Deposited" on the front and back of the check. This prevents the check from being presented for deposit another time. You agree never to re-present to us or any other party a check or item that has been deposited through Mobile Deposit. You will be liable for checks that are presented and/or deposited more than once.
You warrant to Sanborn Savings Bank that:
a. You will only transmit eligible checks and items that you are entitled to, and ensure that all
checks and items include all required signatures.
b. Images will meet Sanborn Savings Bank's image quality standards.
c. You will not transmit an image or images of the same check or item to us more than once
and will not deposit or negotiate, or seek to deposit or negotiate, such check or item
with any other party.
d. You will not deposit or re-present the original check for deposit.
e. All information you provide to us is accurate and true, and that all transmitted images
accurately reflect the front and back of the check.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
g. You will use Mobile Deposit only for your own deposits.
You agree to indemnify and hold harmless Sanborn Savings Bank from any loss for breach of this warranty provision or the terms of this Agreement.
You are responsible for maintaining the confidentiality and security of your mobile devices, User ID (Username), password, security question(s) and answer(s), account number(s) and any other security or access information used by you to access Mobile Deposit, and preventing unauthorized access to or use of the information, files, or data that you store, transmit, or use in or with Mobile Deposit. You agree not to supply your access information to anyone and to immediately notify us if you become aware of any loss, theft, or unauthorized use of any access information, including your mobile devices. We reserve the right to deny you access to Mobile Deposit if we believe that any loss, theft or unauthorized use of access information has occurred.
When using Mobile Deposit, you may experience technical or other difficulties that are outside the control of Sanborn Savings Bank. Sanborn Savings Bank is not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive. We are not responsible for damages that you may incur as a result of these difficulties or unavailability of the Service.
We reserve the right to terminate, modify, add, and remove features from Mobile Deposit at any time in our sole discretion. You may reject changes by discontinuing use of Mobile Deposit. Your continued use of Mobile Deposit will constitute your acceptance of and agreement to such changes. Maintenance to Mobile Deposit may be performed from time-to-time resulting in interrupted service, delays, or errors in Mobile Deposit, and we shall have no liability for any such interruptions, delays, or errors.
We may turn off the service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items, or for other reasons at our sole discretion.
Your enrollment in Online Banking includes optional access to enroll in and use Bill Payment. In order to access Bill Payment, you must be an active Online Banking user. Bill Payment allows you to make “on demand” or “recurring” payments. You must be 18 years of age and have a checking account with Sanborn Savings Bank to use Bill Payment. Users of the Bill Payment system are subject to the Terms and Conditions set forth by CheckFree.
ELECTRONIC FUND TRANSFER PROVISIONS FOR CONSUMERS
The provisions in this section apply only to electronic fund transfers that debit or credit a consumer's checking, savings, or other asset account and are subject to the Electronic Fund Transfers Act Regulation E (an “EFT”). Sanborn Savings Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this section.
Liability for Unauthorized Access
You are responsible for all transfers, bill payments, and mobile deposits you authorize under this Agreement. If you permit other persons to use the Online Banking Service or your Username and Password, you are responsible for any transactions they authorize or conduct on any of your accounts.
However, tell us AT ONCE if you believe anyone has used your Username or Password or accessed your accounts through Online Banking without your authorization. This also applies if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus the maximum line of credit attached to your account). If you tell us within two business days, you can lose no more than the lesser of $50.00 or the amount of unauthorized EFTs that occur if someone used your Password without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Password, your liability will not exceed the lesser of $500.00 or the sum of:
- $50.00 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and
- The amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period.
If you believe that someone has transferred or may transfer money from your account without your permission, call us at (712) 930-3211 or (800) 409-8455 or write us at Sanborn Savings Bank, 219 Main St., P.O. Box 539, Sanborn, IA 51248.
Additional limits on liability for MasterCard® debit card
You will not be liable for any unauthorized transactions using your Mastercard debit card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. (MasterCard is a registered trademark of MasterCard International Incorporated.)
Error Resolution Notice
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed above in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already had an established account with us before the account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you have inquiries regarding your account, please contact us at:
Sanborn Savings Bank
219 Main Street
P.O. Box 539
Sanborn, IA 51248
Phone: (712) 930-3211 or (800) 409-8455
Security of your transactions is important to us. Use of the Online Banking Service requires a Username and Password. For security reasons, no Password list is maintained by the Bank. If you lose or forget your Username or Password, please call us during normal business hours at (712) 930-3211 or (800) 409-8455 to request new Username and Password procedures. Selecting the "Forgot your password?" link on the Online Banking password screen will also allow you to reset your password. Always log off Online Banking before walking away from your computer, even if you are only walking away for a short time.
We accept as authentic any instructions given to us through the use of your Username and Password. You agree to keep your Username and Password secret and to notify us immediately if your Username or Password is lost or stolen or if you believe someone else has discovered your Username or Password. You agree that if you give your Username or Password to someone else, you are authorizing them to act on your behalf and we may accept any instructions they give us to make transfers or otherwise use the Services. Online Banking Services allows you to change your Password and we recommend that you do so regularly.
If you are acting on behalf of a business or organization, you should notify the Bank of any change of officers, managers, or other authorized persons, and your Password should be changed when these persons change (i.e. corporation, partnership, non-profit organization).
Sanborn Savings Bank will NOT call and ask you for your Personal Identification Number (PIN) for your Sanborn Savings Bank ATM, Credit, or Debit Card. We will also not call and ask you for your Password to Online Banking. If you receive a call from a party requesting sensitive or private information, please call us and report it to a customer service representative immediately.
We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Online Banking; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your Username or Password was used in connection with a particular transfer. If any unauthorized use of your Username or Password occurs, you agree to (1) cooperate with us and appropriate law enforcement authorities and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN USERNAMES OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Sanborn Savings Bank accounts and Online Banking Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Sanborn Savings Bank accounts or Online Banking Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Banking Services as expressly stated in this Agreement, and will not be liable for any losses incurred by you due directly or indirectly to your use of the Online Banking Services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
Failure to Make Transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, our liability is limited as set forth in the “Our Liability” section above. In particular, please note that we will not be liable in the following circumstances:
- If through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction would exceed your credit limit, if applicable.
- If you use the wrong access code or you have not properly followed any applicable computer, Internet access, or our user instructions for making transfer, bill payment, and mobile deposit transactions.
- If your computer fails or malfunctions or the Online Banking Service was not properly working and such a problem should have been apparent when you attempted such transaction.
- If the funds in your account are subject to an administrative hold, legal process, or other claim.
- If you have not given us complete, correct, and current instructions so that the Bank can process a transfer.
- If the error was caused by a system beyond our control, such as your Internet Service Provider.
- If circumstances beyond our control (such as, but not limited to, fire, flood, telecommunication outages, postal strikes, equipment, or power failure) prevent making the transaction.
- If there are other exceptions as established by us from time to time.
This list is intended to be descriptive and not exhaustive. It shows examples of possible situations where we are not liable, but we expressly disclaim all liability in other situations not described.
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your SSB account, if you are an owner of an SSB account, you agree to indemnify and hold us, our directors, officers, employees, and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including, but not limited to, legal fees and expenses) arising out of or in any way connected with the performance of the Online Banking Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Online Banking Service by you or your authorized representative.
Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of any Internet browser provider, by an Internet access provider, by an online service provider, or by an agent or subcontractor of any of them; nor will we or our service providers or other agents be responsible for any direct, indirect, special, consequential, economic, or other damages arising in any way out of your access to or use of, or failure to obtain access to, Online Banking Services.
Unless otherwise required by applicable law, Sanborn Savings Bank may terminate this Agreement and/or your access to Online Banking Services, in whole or in part, at any time. You agree that we may terminate this Agreement and your use of the Online Banking Service if you or any authorized user of your account or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account or access code. You or any authorized signer on your account can terminate this Agreement by calling us at (712) 930-3211 or (800) 409-8455 or by notifying us in writing at Sanborn Savings Bank, 219 Main St, P.O. Box 539, Sanborn, IA 51248. Termination of this service will be effective the first business day following receipt of your verbal or written notification. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. If you terminate, you authorize us to continue making transfers, and bill payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your notice of termination. If we terminate this service, we reserve the right to make no further transfers or bill payments you have authorized.
Privacy and User Information
Visitors to the Sanborn Savings Bank website remain anonymous. We do not collect personal identifying information about site users, unless you choose to provide such information to us. Standard software is used to collect and store ONLY the following information about our visitors: the IP address of the client connecting; the name of the domain from which you access the Internet; the date and time you access our site; and the Internet address of the website from which you linked directly to outside.
Sanborn Savings Bank customers who gain access to Online Banking through our website do not remain anonymous once they have logged into Online Banking. If you submit online enrollment or other information, it will be transmitted over a secure connection using encryption. This is the case where confidential information, such as your name, address, account number or social security number, telephone, and device numbers are requested. This information is used internally, as appropriate, to handle the sender's request and manage the Sanborn Savings Bank website. It is not disseminated or sold to other organizations. Sanborn Savings Bank and its service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Service and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Sanborn Savings Bank and its service providers also reserve the right to monitor use of the Service and software for purposes of verifying compliance with the law, the terms and conditions, and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. Keep in mind e-mail is not secure against interception.
Changes in Terms and Notices
We reserve the right to change the terms and conditions upon which this Service is offered at any time. We may add, delete, or amend terms, conditions, and other provisions, fees, charges, or other terms described in this Agreement. We will send you a notice to the postal address provided by you, post a notice on your periodic statement, and/or send notice to your e-mail address, as requested by you, at least thirty 30 days before the effective date of any changes, as required by law. Use of the Online Banking Service is subject to existing terms and regulations governing your accounts and any future changes to those terms and regulations.
Restrictions on Use
By accessing Online Banking Service, you hereby acknowledge that you will be entering a protected website owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the system, and all persons are hereby notified that use of the Service constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these websites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. You may use the Service only for your own benefit. You agree not to use the Service and software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and will only be used in compliance with all applicable laws, rules, and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Online Banking Services. We are not responsible for errors or delays or your inability to access the Service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Online Banking Service, nor are we responsible, under any circumstances, for any damage to your equipment or the data residing on it.
Sanborn Savings Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to maintain a current version of anti-virus software and to routinely update the virus definitions. In addition to anti-virus software, it is also recommended to use Windows Update to keep security fixes current on Microsoft Windows. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Some viruses contain programs to steal access codes and passwords.
You may not transfer or assign your rights or duties under this Agreement.
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an Officer of this Bank.
The laws of the State of Iowa shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Online Banking Agreement, understands the terms and conditions set forth herein, and agrees to be bound by them.
FEES AND CHARGES
Sanborn Savings Bank does not charge a fee for Online Banking Service, Mobile Banking,* Bill Payment, or Mobile Deposit.* Additional fees may be applied by CheckFree for certain Bill Payment transactions.
*Message and data rates may apply.
MOBILE SERVICES AGREEMENT
Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Sanborn Savings Bank (“Financial Institution”) combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill payment services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Message and data rates may apply.
Terms and Conditions
a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message and data rates may apply. Customers will be allowed to opt out of this program at any time.
b. Questions: You can contact us at “www.sanbornbank.com” or 800-409-8455, or send a text message with the word "HELP" to this number: 99588. We can answer any questions you have about the program.
c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider
Privacy and User Information
You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use
You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
Additional Terms and Conditions
Mobile Money Services (“Services”) and any related Software (“Software”) provided by Sanborn Savings Bank allows you to access your accounts through your mobile device's text messaging, web browser and mobile banking app. Mobile Money Services is also referred to as “Mobile Banking”. Mobile Banking also allows you to make mobile deposits through the Mobile Banking app. A per deposit fee may apply. The above terms and conditions are in addition to the Online Banking Agreement and Disclosure and Terms and Conditions of the Bill Payment Service to which you have previously agreed. Sanborn Savings Bank at its discretion may modify these Terms and Conditions at any time. Message and data rates may apply. Check with your mobile service provider and wireless carrier for additional specific fees and charges that may apply.
Touch ID™ for Mobile Banking
Touch ID is an optional fingerprint sign-in method for Sanborn Savings Bank Mobile Banking that is currently available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only and Sanborn Savings Bank never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Sanborn Savings Bank Mobile Banking. Sanborn Savings Bank reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within Sanborn Savings Bank Mobile Banking. Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for Sanborn Savings Bank Mobile Banking is only available on compatible iOS devices.
Card Controls Additional Terms
1. The Card Controls feature is only available for debit cards issued by Sanborn Savings Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Sanborn Savings Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to Sanborn Savings Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, Sanborn Savings Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES 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 THE MOBILE BANKING APP OR THE SERVICES 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 TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED 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 SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR 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 MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING 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 LICENSORS AND CONTRACTORS 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.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, 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.
Privacy and User Information – Data Analytics
You acknowledge that in connection with your use of Mobile Banking, Sanborn Savings Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Sanborn Savings Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
Fingerprint Login for Mobile Banking
Fingerprint Login is an optional fingerprint sign-in method for Sanborn Savings Bank Mobile Banking that may be available for certain Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and Sanborn Savings Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Sanborn Savings Bank Mobile Banking. Sanborn Savings Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within Sanborn Savings Bank Mobile Banking. Android is a trademark of Google Inc.