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iBanking Agreement
Citizens Savings Bank & Trust Company ("Citizens Bank") is pleased to announce that it has expanded its banking services to utilize the convenience and efficiency of Internet technology. You, our valued Customer, can enjoy the benefits of this convenience and cutting edge technology by signing up for Citizens Bank's iBanking. Set forth below is our Agreement with you as well as certain important rules. Of course, as we all know, there are risks associated with the Internet, and it is absolutely critical that you follow the rules that we lay out below. It is also important that you follow your own judgment in protecting your bank accounts with us at all times. By indicating your acceptance of this Agreement with Citizens Bank, you are telling us that you have read and understand this entire Agreement and Disclosure Statement. If you don't understand what you have read, or if you haven't read it, then don't sign up until you have read and understood it. Here is how this Agreement and Disclosure Statement is set up. First, we set forth all of the agreements that we are entering into with you, our Customer, concerning Citizens Bank iBanking. This Agreement contains important information that you must understand in order to effectively and safely use our iBanking services. Then we describe to you various warnings that you must understand and keep in mind in using these services. We are all very excited about our iBanking services, but you, the Customer, must make sure that you understand the risks and that you take all appropriate precautions. Please take the time to read this document carefully. By clicking on the "I ACCEPT" button at the end of this Agreement and Disclosure Statement, you will be able go to our iBanking Center to select Citizens Bank’s iBanking services. We welcome you and we hope that you will always let us know how our services are working for you and how we may serve you better. Thank you for banking with Citizens Savings Bank & Trust Company. 1. Definitions. "Account" means any one or more of your accounts (such as checking, savings, and/or money-market accounts) at Citizens Bank. "Agreement" means this Agreement and Disclosure Statement and all amendments, changes, and other modifications that Citizens Bank may issue at any time. "Citizens Bank" means Citizens Savings Bank & Trust Company. "Citizens Bank iBanking" means the Internet banking services offered from time to time by Citizens Bank. "Citizens Bank iBanking Accounts" means the one or more Accounts that you have with Citizens Bank that you listed in the Application that would be covered by Citizens Bank iBanking. "Customer" means you, Citizens Bank's customer. "Electronic Funds Transfer" means an electronic funds transfer within the meaning of Regulation E as promulgated by the Board of Governors of the Federal Reserve System ("Federal Reserve Board"), at 12 CFR 205.3(b), subject to all applicable exclusions from the definition of this term, including those at 12 CFR 205.3(c). "You" and "me" refer to you, the Customer. "Service Provider" means any service provider(s) utilized by Citizens Bank to provide, maintain, or assist with all or any part of the Citizens Bank iBanking from time to time. "Transfer" means any transfer of funds from or to any Account(s) by using Citizens Bank iBanking. "You" and "Your" refer to you, the Customer. "We" and "Us" refer to Citizens Bank. 2. Agreement to Terms and Conditions. You agree with all of the terms and conditions of this Agreement and you represent to Citizens Bank that you have read and understand all of these terms and conditions. You also agree that Citizens Bank may change this Agreement as stated in item 10 below and that you may withdraw from this Agreement as stated in item 11 below. You also agree that this Agreement shall be read in conjunction with all of your other Account agreements with Citizens Bank and that those Account agreements apply to all of the Accounts that you choose to access under this Agreement. You also understand and agree that any additional instructions and procedures applicable to the services covered by this Agreement provided by Citizens Bank must also be followed. 3. What You Can Do. You, the Customer, agree to strictly obey all of the rules, terms and conditions in this Agreement and you agree to use your common sense in order to protect yourself and Citizens Bank to the maximum possible extent. You understand that you should always exit Citizens Bank iBanking after you finish your Citizens Bank iBanking. You understand that you should never leave your computer unattended while accessing Citizens Bank iBanking. If you do, you understand that some unauthorized person may be able to access your Account(s) without needing to know or use your PASSWORD. 4. Business Days for Citizens Bank; Service Interruptions, Etc. Citizens Bank's business days, for its regular business as well as Citizens Bank iBanking, are Monday through Friday during posted regular business hours, excluding holidays. Except as noted below, you the Customer may access your Citizens Bank iBanking Account(s) through Citizens Bank iBanking 24 hours a day, seven days a week, every day of the year. However, Citizens Bank handles the transactions in due course during regular business days. Of course, the Citizens Bank iBanking system may be down from time to time for any number of reasons including, without limitation, maintenance, utility problems, problems encountered by our service provider(s), and other reasons. Citizens Bank cannot and does not guarantee that we will always be able to provide full-time services or that we will be able to give you notice of any temporary or permanent restriction, limitation, or termination of Citizens Bank iBanking services. HERE ARE SOME CRITICAL RULES: Never give or let anyone see or have your Password. Change your Password regularly. Don't use birthdays, social security numbers, telephone numbers or other easily guessable numbers for your Password. If you lose or misplace your Password, contact us immediately! If you don't, you may lose some or all of your money! If some person other than you, the Customer, should gain access to your Password, you alone are responsible for changing the Password so as to deny that person's access to your banking information and your money. Given the electronic nature of these transactions, Citizens Bank shall have NO liability to you or anyone else in the event that such other person should gain access to your Password and use it to gain access to your banking information, money, or other assets through no clear and deliberate fault of Citizens Bank. Please remember that your Password is very crucial. Take good care of it. It is essentially your electronic signature. No Citizens Bank employee will ever ask you for your Password. Even if someone claiming to be a Citizens Bank employee or representative should ask you for your Password, don't provide it! Don't give your Password to anyone unless you intend to allow that person access to your Citizens Bank iBanking Accounts. If you authorize another person to use your Password, that person can use Citizens Bank iBanking to view any information or initiate any transaction that you could view or initiate. You are responsible for all such transactions. Confidentiality Promise: By signing up for Citizens Bank Online Banking, you the Customer are promising Citizens Bank that you will keep your password strictly confidential and not to give it out to anyone for any reason. You, the Customer, agree that if you breach this promise, then Citizens Bank shall be entitled to a set-off against any claims that you may have against Citizens Bank to the extent that your breach of this promise was a material (that is, "significant") part of the loss. You, the Customer, expressly and intentionally agree with Citizens Bank that if you (1) give someone your password or (2) if you suspect or believe that someone has obtained your password, then Citizens Bank may treat all transfers and other transactions with all such persons as transfers and transactions authorized you, the Customer. That is to say, you the Customer agree that if you let someone have your password, or if you believe or suspect that someone has it, then you will be deemed to have authorized them to act on your behalf and you will be responsible for all damages and losses that you may suffer as a result. 5. Browser Security. Citizens Bank iBanking transmits data using Secure Socket Layer ("SSL") technology that supports 128-bit key encryption. It is important to verify that a secure connection between your browser and the Citizens Bank iBanking server has been established before transmitting any confidential information over the Internet. 6. Your Password. All Citizens Bank iBanking transactions or inquiries must be initiated by use of a Citizens Bank iBanking Customer ID and Password. We will assign you a Customer ID and temporary Password after we have accepted your Application(s). You agree that any Citizens Bank iBanking request initiated by the use of your Password will be subject to and governed by this Agreement as well as by any Account agreements. The first time you sign on to Citizens Bank iBanking, you will be required to select a new Password. You may change your Password from time to time. We encourage you to change your Password frequently. 7. Limit on Citizens Bank's Liability. To the fullest extent permitted by law, you the Customer agree that Citizens Bank will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure (in whole or in part) in the performance of any Citizens Bank iBanking service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfer that cannot be varied or waived by agreement. In no event will Citizens Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if Citizens Bank has been informed of the possibility of such damages or loss), including, without limitation, attorneys fees, late charges, and penalties. The Service Provider is an independent contractor and not Citizens Bank's agent or partner. Citizens Bank's sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. You the customer acknowledge that no express or implied warranty including, without limitation, any warranty of merchantability or fitness for a particular purpose, is made by Citizens Bank with respect to any citizens Bank Online Banking service or in connection with soft-ware, and Citizens Bank herby disclaims all such warranties. The only warranties are those provided by the licensor of the Software and set forth on (or included with) the Software package. To the fullest extent permitted by law, and without limiting the generality of the foregoing, Citizens Bank shall not be liable at any time to you the Customer or to any other person or entity for any loss, damage, charge, fee, penalty, expense or other damage resulting from any failure or delay, in whole or in part, in Citizens Bank's responsibilities under this Agreement which is caused or occasioned by any act, omission or thing beyond Citizens Bank's reasonable control, including without limitation legal restraint, interruption of trans-mission facilities, hardware or software failure, electrical or computer failure, equipment failure, war, strike, unrest, emergency conditions, acts of God or the public enemy, criminal acts, fire, storm or other catastrophe, or inability to obtain or any delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, Citizens Bank shall be excused from any failure or delay in executing (in whole or in part) a bank transfer or loan payment, if such execution would result in the violation of any state, federal or other applicable law, rule, regulation, or guideline. To the fullest extent permitted by law, you the Customer agree that Citizens Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person or entity including, without limitation, the Service Provider, any Internet access service provider, any Federal Reserve Bank or clearing house, or any utility, transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed to be Citizens Bank's agent, partner or joint venture. 8. Additional Service. We may from time to time, make additional services available through Citizens Bank Online Banking. 9. Fees and Charges. Access to the Citizens Bank web site is currently furnished at no charge to the customer. Citizens Bank has not instituted a charge for viewing your Accounts. You understand that you will be responsible for any and all applicable fees and or charges agreed upon in writing for various ibanking products Citizens Bank offers. Any and all pricing changes made in consideration of our making Citizens Bank online service available to you, will be provided to you with notification of the changes and when the new pricing will take effect. You are solely responsible for all tariff, tolls, duties, or taxes imposed by government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tolls, tariffs, and other costs for online sessions that you initiate or approve. There may be other costs and charges associated with your Account(s). 10. Citizens Bank Changes to this Agreement - Amendments. We may change or amend this Agreement from time to time. We agree to comply with any applicable notice provisions of applicable federal and state laws. 11. Customer Withdrawal from this Agreement. The Citizens Bank iBanking services are provided to you the Customer as a service. You are not obligated to participate in these online services and you may withdraw from or terminate them by written request to Citizens Bank at any time. In that event, we will take reasonable steps to terminate your participation as soon as we reasonably can. It will likely take a few days. You may want to contact us by telephone so that we can discuss any related matters with you. However, no such telephone call can change the terms of this Agreement or of this paragraph. 12. No Verbal Changes or Waivers to this Agreement. This Agreement means what it says. Citizens Bank intends to rely on the written terms of this Agreement. If anyone tries to tell you that Citizens Bank is "waiving" or doesn't plan to enforce any term or condition of this Agreement, don't you believe that person. This Agreement can only be amended in writing and then only by Citizens Bank. No portion of this Agreement can be waived or changed except in writing physically signed by an executive officer of Citizens Bank. No e-mail or other electronic type of waiver or change will be binding on or effective against Citizens Bank. 13. Termination. You agree that we may cancel or restrict your use of Citizens Bank iBanking or any other Citizens Bank online service at any time upon such notice (including e-mail) as we believe is reasonable under the circumstances. You understand that participation in any Citizens Bank online service, including Citizens Bank iBanking, is a privilege and not a right. If Citizens Bank believes for any reason that you are not acting fairly or responsibly in connection with any such services, including Citizens Bank iBanking, we may cancel your participation in Citizens Bank iBanking at any time, including immediately. 14. Damages or Loss. Subject to Citizens Bank's right of set-off, the Customer agrees that Citizens Bank shall never be liable for any loss greater than the actual out-of-pocket damage to the Customer, and that economic, consequential, and punitive damages, and that lost profits, shall never be recoverable by the Customer. The Customer hereby waives any right to pre-judgment interest. 15. Dispute Resolution and Jury Trial Waiver. Except as herein provided, any dispute arising from or related to this Agreement or any transactions related to this Agreement, shall be resolved by arbitration (the "Arbitration") administered by the American Arbitration Association (the "Association"). This Arbitration shall be held pursuant to the Tennessee Arbitration Act, T.C.A. §§29-5-101, et seq., and shall be subject to the commercial arbitration rules of the Association except that the arbitrator or panel of arbitrators (in either case, individually or as a panel, the "Arbitrator") shall be bound to apply Tennessee law and, to the extent applicable, federal law. Arbitration can be waived by conduct and it shall be deemed to be waived if, in connection with any aspect of the transaction(s) or occurrence(s) that would be related to or the subject of the Arbitration (a) any person or entity not a party to this Agreement either sues or brings some other proceeding against Citizens Bank or (b) Citizens Bank sues or brings some other proceeding against such other person or entity who or which is not a party to this Agreement. That is, neither Citizens Bank nor any Customer shall be made subject to potentially inconsistent results by having to arbitrate with the Customer or Citizens Bank while having to litigate with others related to the same transaction(s) or occurrence(s). The Arbitrator is prohibited from awarding attorneys fees, except as provided below, and from awarding any consequential, special, punitive or other type of damages other than actual damages. Thus the Arbitrator shall not award lost profits, punitive damages, or any other special damages. In the event, however, that any litigation is instituted to enforce or interpret the terms of this Agreement, you the Customer agree that the exclusive forum therefore shall be the Chancery Court for Davidson County, Tennessee. In the event that Citizens Bank is the prevailing party in any Arbitration or in any litigation, Citizens Bank shall be entitled to reimbursement for all reasonable attorneys fees and costs incurred including, but not limited to, those incurred incident to any appeal. YOU THE CUSTOMER AND CITIZENS BANK HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY BETWEEN OR AGAINST EITHER YOU THE CUSTOMER OR CITIZENS BANK WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT. YOU, THE CUSTOMER, ACKNOWLEDGE AND AGREE THAT WITHOUT THIS JURY TRIAL WAIVER CITIZENS BANK WOULD NOT AGREE TO PERMIT YOU TO PARTICIPATE IN THE CITIZENS BANK ONLINE BANKING PRO-GRAM OR TO RECEIVE ITS ONLINE SERVICES. 16. General Terms. Section Headings. Section headings, paragraph headings, and other captions are for the convenience of the parties only and shall not affect or limit the parties' agreements. Regulation E. To the extent that this Agreement is deemed to be impermissibly at variance with Regulation E as promulgated by the Federal Reserve Board or other applicable law, rule or regulation, this Agreement is amended hereby to conform to such applicable law, rule or regulation, but only to the extent absolutely necessary to do so. No Third-Party Beneficiaries. This Agreement is for the benefit of you the Customer and of Citizens Bank and it is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement. Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns of either party. Conflict in Agreements. If this Agreement conflicts with any Account agreement(s), then the agreement having the strongest relationship with the transaction shall control to the extent of such conflict.
Federal Deposit Insurance Corporation "IMPORTANT"
TO CONTINUE WITH YOUR ENROLLMENT,
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