Terms and Conditions
This Internet Banking Agreement (“Agreement”) between you and American Heritage National Bank governs your use of this website and the online banking service provided herein (“Internet Banking”). In addition to this Agreement and other Account agreements that have been separately provided to you, our Privacy Policy also applies to your Accounts. We suggest that you review these items in order to understand all of your relative rights and responsibilities in connection with your use of this website and online banking service.
Definitions
In this Agreement, the following definitions apply:
- “Internet Banking” refers to all services that are accessible by you through this website and online banking service provided by American Heritage National Bank, including, but not limited to, the services provided by Heritage EZ Online and any additional services that may be available in the future.
- “We,” “us,” “our” and “American Heritage” refers to American Heritage National Bank.
- “You” or “your” refers to any person accessing one or more accounts using Internet Banking and any person who has an interest in an account or other relationship accessible through Internet Banking.
- “Authorized representative” refers to any person whom you allow to access your account through Internet Banking.
- “Account” refers to any deposit or loan account maintained at American Heritage National Bank.
Accepting this Agreement
You understand that by using this website or Internet Banking or by authorizing others to use them, you have agreed to the terms and conditions of this Agreement and that no signature by you is required on this Agreement. You agree to use Internet Banking solely as provided in this Agreement. When any transfer, payment or online service generates items to be charged to your Account, you agree that we may debit your Account without requiring a signature by an authorized representative on the item and without prior notice to you. We may, from time to time, introduce new online banking services. When this happens, we will update the Website to include them. By using any Internet Banking, you agree to be bound by the terms contained in this Agreement at that time.
Changes in Terms & Fees
We may change this website and Internet Banking, including terms and fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by using Internet Banking after a change becomes effective, you have agreed to it.
Electronic Mail
You can communicate with us via electronic mail (“email”). However, please remember that we will not immediately receive an email sent by you. If you need to contact us immediately, please call the number of your American Heritage banking location. No action will be taken on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. email CanNot be used to make an account balance inquiry, a stop payment or a funds transfer. email cannot be used to cancel a transfer or a loan payment. Never send us your ACCESS ID or PASSWORD or other sensitive Account information via email.
Hyperlinks
Your use of the hyperlinks on this website to other internet sites is solely at your own risk. American Heritage is not responsible for the content of third party sites hyperlinked from this website nor does it guarantee products or services offered on third party sites. You should review the privacy statements of any website before you provide any personal or confidential information.
Maintaining Your Accounts
You agree to properly maintain your Accounts, to comply with the rules governing your Accounts, and to pay any fees associated with the use or maintenance of your Accounts. Any issue relating to an Account or service with American Heritage which you access through Internet Banking shall be governed by the law(s) specified in the agreement for that Account or service. Your deposit and loan accounts can be viewed and accessed in Internet Banking. Your Accounts will continue to be governed by the terms and conditions of your Account agreements and your loan agreements, except where it is noted in this Agreement. This Agreement will control if there is a conflict with your other agreements and this Agreement. In addition, each Account and Internet Banking is subject to the following: (1) the terms or instructions appearing on a screen when using Heritage Online, (2) American Heritage rules, procedures and policies applicable to your Accounts, (3) rules and regulations of any funds transfer system used in connection with Internet Banking, and (4) applicable state and federal laws and regulations.
Access to Internet Banking
You may access Internet Banking and your Accounts to check balances, transfer funds, and view transaction history. To access Internet Banking you must have an ACCESS ID and PASSWORD and the required hardware and software. You are solely responsible for having the required hardware and software and for securing an Internet service provider. Subject to the terms of this Agreement, Internet Banking will generally be able to access your Accounts at the www.logbank.com internet site seven days a week, 24 hours a day. A transfer requested through Internet Banking before the transfer cutoff time on a business day will generally be posted to your Account the same day. All transfers requested after the posted transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. Every day is a business day except Saturdays, Sundays, and banking holidays. At certain times, Internet Banking may not be available due to system maintenance or circumstances beyond our control. During these times, you may use the American Heritage automated telephone system or your American Heritage National Bank location to obtain information about your Accounts.
Available Services
Through Internet Banking, you may:
- Access to your Accounts, including your checking, savings, and loans.
- Pay your bills.
- Transfer funds between your Accounts.
- View previous day balance information.
- Review transactions for the current statement cycle and transactions from your previous bank statement for up to 15 business days after your statement end date.
- Send us email messages and questions regarding your online banking.
Warranty Disclaimer
Internet Banking and this website is provided "AS IS" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. All implied warranties are disclaimed.
Responsibility to Notify
CALL US IMMEDIATELY if you believe any ACCESS ID or PASSWORD has been lost or stolen, or if you believe someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account. You could lose all the money in your deposit accounts and your maximum line of credit. If your deposit account statement shows transfers or payments that you did not make and you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost. DO NOT SEND NOTIFICATION OF LOST OR STOLEN ACCESS IDS AND PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.
Error Resolution Procedure
In case of errors or questions about transfers or payments from your Accounts, contact your local American Heritage National Bank or write to us at:
American Heritage National Bank
Attn: Customer Service
24 Second Street South
P.O. Box 509
Long Prairie MN 56347-0509.
Please tell us: (1) your name and account number, (2) detailed description of the error or transfer that you are unsure about, (3) clear explanation of why you believe it is an error, and (4) dollar amount of the suspected error. We must receive your inquiry no later than 60 days after we sent you the first statement on which the problem or error appeared.
Our Liability
Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complete extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these agreements, notices, or disclosures.
NEITHER AMERICAN HERITAGE, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OR QUALITY OF INTERNET BANKING OR THE RESULTS THAT MAY BE OBTAINED FROM USING HERITAGE ONLINE. AMERICAN HERITAGE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
NEITHER AMERICAN HERITAGE, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE USE, OR ATTEMPTED USE, OF HERITAGE ONLINE, OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OF, OR INABILITY TO USE, HERITAGE ONLINE; ANY ERRORS, OMISSIONS OR DEFECTS IN ANY CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION TO THE HERITAGE ONLINE; OR COMPUTER VIRUSES RECEIVED BY YOU AS A RESULT OF YOUR USE OF HERITAGE ONLINE. IN ANY EVENT, ANY LIABILITY OF AMERICAN HERITAGE, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THOSE AMOUNTS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT.
Further, we will not be obligated to honor, in whole or in part, any transaction or instruction which: (1) is not in accordance with any term or condition applicable to the relevant service in this Agreement or your Account agreements, (2) we have reason to believe may not have been authorized by you or any third person whose authorization we believe is necessary, or which involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal, (3) would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority, (4) is not in accordance with any other requirement of our applicable policies, procedures or practices, or (5) we have reasonable cause not to honor for your protection or ours.
Indemnification
Except to the extent of American Heritage’s liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all loss, liability, claims, demands, judgments and expenses (including attorneys’ fees) arising out of, or in any way connected with, your use or misuse of Internet Banking. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Internet Banking by you, or your authorized representatives.
Joint & Several Liability
If any one or more of your Accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of Internet Banking to access the account. This joint and several liability shall extend as well to any line of credit accessed through any such account.
Corporate & Partnership Authorization
You represent that each authorized representative who has been issued ACCESS ID and PASSWORD has general authority from your organization to give instructions within the access capability associated with such ACCESS ID and PASSWORD (including general authority over the movement of your organization’s funds and over accounts with American Heritage), all as evidenced by the banking resolution, partnership declaration or other agreements you have provided to American Heritage, and that American Heritage has full authorization from your organization to rely and act upon instructions identified by such ACCESS ID and PASSWORD.
Protecting your Passwords
You agree that we may send notices and other communications, including ACCESS ID and PASSWORD, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that American Heritage will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: (1) keep your PASSWORD secure and strictly confidential, (2) instruct each person to whom you give a PASSWORD that he or she is not to disclose it, and (3) immediately notify us and select a new PASSWORD if you believe a PASSWORD may have become known to an unauthorized person. We may suspend or cancel your PASSWORD even without receiving such notice from you, if we suspect a PASSWORD is being used in an unauthorized or fraudulent manner.
WE WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORDS THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
Acknowledging Commercially Reasonable Security
By using Internet Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
Liability for Loss or Erroneous Data
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
Virus Warning
We are not responsible for any electronic virus that you may encounter using INTERNET BANKING. Undetected or unrepaired electronic viruses may corrupt and destroy your computer programs, files and hardware. We exercise the necessary measures to reasonably protect our computer system. We encourage you to routinely scan your computer and diskettes, using a reliable virus protection product to detect and remove any viruses found.
Limitation of Our Liability
If we fail or delay in making payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days´ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.
UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
You may terminate or discontinue Internet Banking at any time by giving us a written 10 days prior notice. American Heritage may terminate this Agreement and/or your access to Internet Banking, in whole or in part, at any time at our sole discretion, unless otherwise required by applicable law.
Assignment
You may not transfer, assign or delegate all or any part of your rights or duties under this Agreement. We may assign this Agreement to any company affiliated with us or to any other party.
Waiver
Any waiver of the terms and conditions under this Agreement will not be effective unless in writing and signed by our authorized officer. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Notices
Unless otherwise required by applicable law, in the event that we are required to provide a notice or other communication to you in writing that notice or other communication may be sent to you electronically to your internet address as reflected in our then current records.
Disclosure of Information
The circumstances under which we will disclose information about you or your Accounts, has been separately disclosed to you in our Privacy Policy and in other disclosures which have been provided directly to you. Our Privacy Policy may change from time to time and is always available on-line and at your American Heritage banking location.
Authorization to Obtain Information
You agree that we may obtain and review your credit report from a credit bureau at any time during the life of this Agreement. You agree that we may contact any source necessary, including third parties such as, but not limited to, merchants and other financial institutions, in connection with resolving any problems with Internet Banking.
Legal Process
If we are served with any notice of lien, attachment, levy, garnishment or other legal process relating to you or your Account, we are authorized without notice to you or any joint Account Holder, except where required by law, to withhold the withdrawal or payment of so much of the funds in your Account that may be the subject of such notice or legal process. We may disburse such amount out of your Account to a court or to such persons as applicable state or federal law either requires or permits because of such powers. We have no liability to you for such withholding or disbursements or for refusal by us to permit withdrawals or payment against your Account because of a court order or other legal process including the return by us of items presented against your Account as unpaid that otherwise would be paid. Any lien, attachment, levy, or garnishment against your Account is subject to our right of set-off as provided in the Agreement unless prohibited by law. You agree to pay our costs and expenses for complying with such legal process, including legal costs and attorneys’ fees, costs of research and copying and administrative fees.
Waiver of Jury Trial
YOU AND AMERICAN HERITAGE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR AMERICAN HERITAGE WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT.
Governing Law and Venue
This Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota. Any action at law, suit in equity or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of Stearns or Todd County and the State of Minnesota.
Copyright
The content and information on our website is the property of American Heritage National Bank and the unauthorized reproduction or distribution of any portions is prohibited.
