Online Banking Agreement
“You" means the customer or user of the Services. "Farm Credit East" means Farm Credit East, FLCA, PCA, or ACA. "Online Banking" or "Services" means all the various services provided through this Web site, or through our Customer Service Center, which is a part of Online Banking. The Services provided through Online Banking may change from time to time, and Services may be added or removed. Your use of Online Banking is conditioned on your acceptance of all terms of this Online Banking Agreement. By clicking the "I Accept" button, you acknowledge that you have read and understand the contents of this Agreement, and that you agree to be legally bound by it.
Each time you use Online Banking, your use constitutes your continuing agreement to use Online Banking according to this Agreement and to be legally bound by all its terms, as these terms are now or as they may change following your initial enrollment. You agree:
- To use Online Banking only for those accounts for which you have authorized access and use;
- To use Online Banking only in accord with this Agreement and applicable laws;
- To comply with any user requirements as they may be promulgated from time to time;
- To promptly pay all fees and charges that may apply to your use of Online Banking either now or in the future (presently, Online Banking is free); and
- To remain bound by the terms and conditions of all your loan or lease legal documents, which shall not be changed by any Online Banking transaction or without the express written consent of Farm Credit East.
Certain special or custom loan products or services may not be available through Online Banking. If any transaction requiring prompt completion cannot be made or concluded through Online Banking or the Customer Service Center, you should contact your local Farm Credit East branch directly by telephone or in person during business hours.
Online Banking is provided as a privilege and convenience to Farm Credit East customers. Farm Credit East reserves the right to terminate the entire Online Banking program or access to any account at any time and without prior notice. Farm Credit East also reserves the right to terminate Online Banking access privileges for all accounts applicable to a customer number if any account under that customer number becomes delinquent, is declared to be in default, becomes subject to litigation or other court proceedings, is restructured, or is accessed in violation of applicable law or this Agreement. Farm Credit East will make a reasonable attempt to notify you if your Online Banking access is terminated for any reason but is under no obligation to do so.
Farm Credit East and other third parties, where applicable, are the absolute owners of all intellectual property and rights applicable to this Web site and to Online Banking. You agree that this Web site contains proprietary trademarks, data, text, information, programs and materials (collectively called "Information") protected by copyright, trademark and other forms of ownership protection under the laws of the United States of America. Except as specifically authorized in this Agreement, you do not have permission to copy, use or republish in any form any Information found on this Web site. You are authorized to view the Information available on this Web site for personal use and informational purposes only, and you may create an electronic copy of the Information for your personal use. No part of the Information may be otherwise copied, reproduced or redistributed in any form without prior written consent from Farm Credit East. You also agree that your right to use this Web site is derived solely from, and is expressly limited by, this Agreement. You agree not to assert any claim of ownership over the Information, including any software or data, based on your use.
Unless we inform you otherwise, transactions will be posted to your account as follows: A transaction initiated before 2:00 p.m. EST will be effective that same day. Transactions initiated after 2:00 p.m. EST will be effective the next business day. Transactions initiated on a weekend or Farm Credit East holiday will be effective the next business day. A "business day" is every day except Saturdays, Sundays and Farm Credit East holidays.
Farm Credit East will not process your transaction if:
- Your account does not have sufficient funds to cover the transaction
- Your loan or lease is in default or the requested transaction will result in a default
- Your transaction violates a term or condition of the Online Banking Agreement or your loan or lease legal documents
- A legal order prohibits Farm Credit East from making the transaction
- Farm Credit East terminated your Online Banking account access
- Farm Credit East terminated the Online Banking Agreement
- You (or anyone you allow to use the account) commits or attempts to commit fraud or violate any law or regulation
- The electronic terminal, telecommunication device, Internet access service or any electronic fund transfer system required for the transaction is not working properly
- You do not provide complete and correct information required for the transaction
- You do not follow all applicable Online Banking instructions
- Circumstances beyond Farm Credit East’s control (such as fire, flood, acts of God, unexpected disruption of service, or action of any third party) prevent completing the transaction
If an error occurs in an Online Banking transaction, you must immediately contact Farm Credit East by e-mail or by secure messaging, or contact the Customer Service Center. If you discover an Online Banking transaction error as a result of reviewing your billing statement, you must notify Farm Credit East of suspected error within 60 days after you receive the first account billing statement on which that error appears. To report an error, please provide the following information:
- Your name and account numbers
- A brief description of the suspected error or nature of the problem
- The dollar amount of the suspected error
- Other information you believe is relevant or that Farm Credit East may require to determine the nature of the error
If you report a suspected error through the Customer Service Center, we may ask you to provide a written confirmation of your complaint or question within 10 business days.
Farm Credit East will investigate your reported error within 10 business days. If an error is discovered, it will be corrected promptly. If we find no error, we will send you a written explanation of our findings within three business days after we finish our investigation. You may request copies of the documents that we used in that investigation.
If we need more than 10 days to investigate your complaint or question, we may take up to 45 days. In this case, we will credit your account within 10 business days with the amount you think is in error. That way, you will have use of the money during our investigation. If you reported the suspected error through the Customer Service Center, and you do not confirm your complaint or question in writing within 10 business days after we request you to do so, we will not credit your account during the investigation.
Disclaimer Of Warranties
Online Banking Services and Information are provided "AS IS" and WITHOUT WARRANTY of any kind. While Online Banking is believed to be reliable and accurate, Farm Credit East DOES NOT WARRANT that Online Banking will be accurate, complete or timely; or free from faults or interruptions in service; or that data or Information will be error-free. Farm Credit East assumes no liability or responsibility for any errors or omissions in the Information on this Web site, and specifically disclaims any duty to update the Information. It is expressly understood and agreed that EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
Passwords And Security
You agree to follow Farm Credit East's security procedures and recommended security practices, to establish a password, and to maintain the security of that password at all times. Farm Credit East shall be entitled to act on all instructions provided through Online Banking, including the Customer Service Center, which are authorized using the correct password for that account. Farm Credit East is not liable for any unauthorized transaction or access to your account, or for any damages resulting from unauthorized use or access, if such action was initiated using your password. If your password is ever lost, stolen or improperly disclosed, or you notice any irregularity in your account, you agree to report this fact immediately to the Customer Service Center or by e-mail or secure messaging to Farm Credit East, and to immediately change your password. Password changes may be made online.
You agree to indemnify, defend and hold Farm Credit East harmless from any damage, loss or liability of any kind, including without limitation, reasonable attorneys' fees and court costs, which may result, directly or indirectly, in whole or in part, from the actions taken or services rendered by Farm Credit East under this Agreement pursuant to your instructions or the information you provide. For purposes of this Indemnification section only, "Farm Credit East" shall mean Farm Credit East and all its past, present and future directors, employees, contractors, agents, third party service providers and any person or entity involved in the creation, production or delivery of this Web site or the information provided here.
Except as otherwise provided by law, you shall be liable for any loss or damages in all cases where: We have followed the security procedures applicable to your Loan or Lease Account(s), We have followed the transaction instructions provided to us, You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized.
By establishing your online account and using Online Banking, you agree that Farm Credit East SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, EXPENSE OR DAMAGES, INCLUDING PROPERTY DAMAGE OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH THE USE OF ONLINE BANKING, REGARDLESS OF CAUSE. Farm Credit East WILL NOT BE RESPONSIBLE FOR ACCESS FAILURES OR ERRORS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. IN NO EVENT WILL Farm Credit East BE LIABLE FOR LOST PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ECONOMIC DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATED TO THE USE OF ONLINE BANKING, OR ARISING FROM ANY LOSS OF USE OR LOST DATA OR PROFITS DUE TO ANY COMPUTER VIRUS, SYSTEM OR NETWORK FAILURE OR INTERNET FAILURE, AND REGARDLESS OF WHETHER Farm Credit East HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Farm Credit East SHALL NOT BE LIABLE FOR DAMAGES, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, OR THE INFORMATION OR SERVICES PROVIDED HERE, OR THE INABILITY TO USE THE INFORMATION OR MATERIALS PROVIDED HERE.
ANY Farm Credit East LIABILITY UNDER THIS AGREEMENT OR ARISING FROM THE USE OF ONLINE BANKING SHALL BE LIMITED TO THE REASONABLE COST OF TAKING CORRECTIVE ACTION REGARDING THE CIRCUMSTANCE GIVING RISE TO THE LIABILITY BEING CLAIMED. SUCH LIMITATION SHALL BE THE MAXIMUM EXTENT OF Farm Credit East 'S LIABILITY, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST Farm Credit East , AND THIS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY.
For purposes of this Paragraph 11 only, "Farm Credit East" shall mean the organization described in Section 1 of this Agreement, including all its past, present and future directors, employees, contractors, agents, third party service providers and any person or entity involved in the creation, production or delivery of this Web site or the Information provided here.
Viruses And Links
Farm Credit East disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site may contain links to other Web sites, Farm Credit East is not responsible for the functioning, content or accuracy of these linked sites.
Disclosure Of Your Account Information
Farm Credit East will protect your account information and other confidential information provided through Online Banking. You agree that Farm Credit East may disclose all or any portion of this information to its own employees, contractors, agents, affiliates, third party service providers, independent auditors, regulators, consultants or attorneys as needed (a determination within the sole discretion of Farm Credit East) to provide, administer and monitor Online Banking and to carry out Farm Credit East’s responsibilities under this Agreement and all applicable law.
Changes To This Agreement
Farm Credit East reserves the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on this Web site. Generally, a change in terms will become effective 30 days after the date notice is posted on the Web site. Your continued use of Online Banking after the effective date will be your agreement to be bound by this Agreement, as amended by the new terms. If Farm Credit East determines, in its sole discretion, that any change is needed immediately, Farm Credit East will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by closing the Online Banking access to your account.
Termination Of This Agreement
Farm Credit East reserves the right to terminate your access under this Agreement or the Online Banking program at any time and without prior notice. In the event Farm Credit East decides to terminate this Agreement, Farm Credit East will make a reasonable attempt to notify you provided that circumstances allow for notification and the time required.
You may terminate this Agreement's applicability to your account(s) at any time, and without any fee or penalty, by closing your account's Online Banking access through this Web site and terminating your use of Online Banking. You must do this by following the procedure set out on this Web site.
Binding Arbitration Of Disputes
You and Farm Credit East mutually agree that any disputes not satisfactorily resolved between the parties arising out of or related to this Agreement, or arising out of or related to Online Banking or any of its Services, including all actions and transactions made by or through Online Banking, shall be submitted to final and binding arbitration in the State of North Dakota, or any other mutually agreed location. Arbitration shall be conducted in accord with the Commercial Arbitration Rules of the American Arbitration Association, unless the parties shall mutually agree to different rules or procedures. Each party shall bear its own costs connected with arbitration, and the parties shall comply promptly with any award or ruling of the Arbitrator. The prevailing party in arbitration shall have the right to enter, without contest by the other party, an order reflecting the Arbitrator's decision in any court of competent jurisdiction.
This Agreement is governed by and will be interpreted under the laws of the United States of America, including applicable federal laws, and the laws of the State of New York, applicable to contracts executed and performed entirely in, and by residents of that state.