Online Banking Terms and Conditions
Summary of Changes, effective June 22nd, 2017
- Updated the minimum system and browser requirements needed for Online Banking in Section IV
Online Banking Terms and Conditions.
Electronic Notice Disclosure and Agreement
In order to sign up for Online Banking online, Associated Bank is required to obtain
your consent to the receipt of certain disclosures and agreements in electronic
format. These documents contain the terms and conditions that will apply to the
Online Banking Service. In addition, to provide certain future notices to you electronically
only, Associated Bank is required to obtain your consent to the receipt of the required
disclosures and notices in electronic format only. Some examples of required notices
are a change in terms notice of a fee that is required to be disclosed under applicable
law, an annual error resolution notice pursuant to Regulation E, and the annual
What Does Associated Banc-Corp Do With Your Personal Information?
notice. You have the right to withdraw your consent to have these required
notices provided or made available only in electronic format by calling us at 800-236-8866,
or in writing at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point,
Wisconsin 54481. Associated Bank will notify you by email or a message within the
Online Banking Service when the required notices are available for viewing. If your
email address should change in the future, you must update the My Profile tab with
your new contact information. If you do not update as mentioned above, we will continue
to send you the required notices electronically for a period of time. As a result,
you may not receive the notice. To access and view the disclosures, agreements and
required notices online, you will need Internet access, a currently supported and
updated Internet browser that supports Secure Socket Layer with at least
will need a computing platform with hardware that supports these requirements, and
software capable of rendering portable document format reader (.pdf)
files. To view the technical specifications recommended for access to Online Banking
Service and the Bill Payment Service, please view the online banking frequently
asked questions. To retain a copy of the disclosures, agreements and required notices,
you will need a media storage device (e.g., hard drive), an email address (if you
sign up through our Customer Care Center) or print copies of the documents using
your printer. Although you provide your consent to receive notices electronically,
Associated Bank retains the right to send such items by regular mail.
Online Banking Terms and Conditions
P.O. Box 19006
Green Bay, Wisconsin 54307-9006
The Online Banking Terms and Conditions (Agreement) apply to your use
of the Online Banking Service (Online Banking) provided by Associated Bank, National
Association (Associated Bank), which permits you to access your Accounts with us
via the Internet for services selected by you and agreed upon by us.
To view Associated's security information, go to our
Security Center at
I. Deposit Account Rules and Defined Terms
Your Account is subject to our Deposit Account Agreement
or your loan agreement with us. Electronic transactions are generally transmitted
and posted quickly, however, check processing often takes additional time and your
Account balance, whether an Available Balance or account balance (deposit Accounts)
or the Daily Ending Balance or Current Balance (loan Accounts), may not reflect
the actual amount credited to your account if the deposit or payment is in the form
of a check or for other reasons as detailed in our Deposit Account Agreement
or in your loan agreement with us. Please contact us for any payoff amounts or information
regarding Pending Transactions.
used in this Agreement, the following terms shall have the following meanings:
means your deposit and loan accounts with us, including but not limited to: checking,
savings, money market, certificate of deposit, home equity line of credit, premier
line of credit and certain other loan products. Account does not include credit
cards if the creditor, issuer, and service provider of the credit card is
Elan Financial Services.
Available Balance means the account balance minus any pending holds for deposited
or cashed checks, memo posts (e.g., debit card authorization for a purchase), and
/or any holds for legal process or other freezes on your Account authorized by the
Deposit Account Agreement. Please refer to the Deposit Account Agreement for more
"Business Day" means Monday through Friday, excluding federal holidays.
Daily Balance means the loan Account balance as of the previous end of day, excluding
Daily Ending Balance means the loan Account balance as of the previous end of day,
excluding pending transactions.
Pending Transactions means the electronic transactions which have not been posted
but which have been transmitted to Associated Bank.
"Processing Date" means the Business Day your Account is debited or credited.
"we," "our," and "us" mean Associated
"you" and "your" mean each account holder, depositor
or party authorized to access a deposit Account or borrower on a loan Account accessible
through Online Banking.
This Agreement applies to all persons that are parties to the Accounts. This Agreement
contains the terms and conditions governing Online Banking, including disclosures
required by federal law. Please read this Agreement carefully and keep a copy for
By subscribing to Online Banking, you acknowledge that you have received and read
this Agreement and agree to its terms and conditions. You also acknowledge that
this Agreement has been accepted by one or more of the persons who established the
subject Account with us.
Using your Password and Online Banking you can:
· View Account information
· Receive Cash Back Perks offers for debit card purchases from merchants
· Transfer funds among your deposit Accounts and your home
equity line of credit, premier line of credit and certain other loan Accounts
· Transfer funds from your line of credit to your checking
· Transfer funds into your add-on certificate of deposit Account
· Make payments out of your deposit Accounts to your loan
· View check, debit and credit items, and deposit ticket transactions
· View statements online
· Elect to stop receiving hard copies of deposit Account statements
and specified loan accounts
Note: Once you begin using the Online Banking, you will be able to sign
up for the optional Bill Payment Service. Through the Bill Payment Service, you
can use your checking and money market Accounts to pay your bills electronically.
See the Terms and Conditions of the Bill Payment Service
for information on this convenient add-on service.
IV. Hardware and Software Requirements
To use Online Banking and to view disclosures, agreements and required
notices online, you will need Internet access, a currently supported and updated
Internet browser that supports Transport Layer Security (TLS) version 1.2 or higher,
can be found at AssociatedBank.com/Browsers. Additionally, you will need a computing
platform with hardware that supports these requirements, and software capable of
rendering portable document format reader (.pdf) files.
You are responsible for selecting all systems, hardware and your Internet service
provider. You are also responsible for any defect, malfunction or interruption in
service or security due to hardware failure, your choice of Internet service provider
and systems and computer services. You agree that you are solely responsible for
your Internet service provider, and telephone service provider (if applicable) fees
and service charges.
V. Password and Security
Using your password has the same effect as your signature authorizing transactions.
You agree to safely keep the password, not to record the password or otherwise disclose
or make the password available to anyone other than authorized users of your Accounts.
Anyone to whom you disclose your password and anyone who has access to your password
will have full access to Online Banking, including full access to your Accounts.
You have no ability to limit any such person's authority. If anyone uses your password
with your permission, you will be responsible for any transactions performed by
VI. Your Liability
Tell us AT ONCE if you believe your password has been lost, stolen
or otherwise became available to an unauthorized person. Please contact us immediately
by telephone or in writing. Telephoning is the best way of keeping your possible
losses down. You could lose all the money in your Accounts (plus your maximum overdraft
line of credit). If you tell us within two (2) Business Days after you learn of
the loss or theft of your password, you can lose no more than $50 if someone used
your password without your permission. If you do NOT tell us within two (2) Business
Days after you learn of the loss or theft of your password, and we can prove that
we could have stopped someone from using your password without your permission,
you could lose as much as $500.
if your statement shows transfers that you did not make, tell us at once. If you
do not tell us within sixty (60) days after the first statement on which the problem
or error appeared was mailed to you, you may not get any money you lost after the
sixty (60) days if we show that we could have stopped someone from taking the money
if you would have told us in time. If a good reason (such as a long trip or a hospital
stay) kept you from telling us, we will extend the time periods.
VII. Contact in Event of Unauthorized Access
If you believe your password has been lost or stolen or that someone may or has
fraudulently accessed your Account without your permission, contact the Customer
Care Center by phone (800-682-4989), write Associated Bank, Customer Care Center,
1305 Main Street, Stevens Point, Wisconsin 54481, or contact us via secure messaging.
VIII. Information about Cash Back Perks Offers through Online Banking
Please see the Terms and Conditions for Cash Back Perks Offers through Online Banking set forth in Exhibit A for details on your
ability to receive special offers and rewards from certain merchants for debit card purchases.
IX. Information about Bill Payment Service
Please see the Terms and Conditions of the Bill Payment Service
for details on the convenient Bill Payment Service.
X. Processing Date for Funds Transfer
We can process a Funds Transfer on the same Business Day as your instructions, if
we receive your instructions before our Online Banking cut-off time stated on the
Transfers tab. If we receive your instruction after the cut-off time, we will process
the Transaction on our next Business Day.
XI. Funds Transfer Limitations
For security reasons, there are limits on the number of transfers you can make using
transfer using Online Banking must be at least $1.00.
reserve the right to prohibit and/or reject transactions involving internet gambling.
may transfer available funds through Online Banking, subject to funds availability.
See the Deposit Account Agreement "Funds Availability Policy Disclosure"
section for more information.
Reserve Regulation D limits the total number transfers made by check, telephone,
Online Banking and overdraft protection, as well as preauthorized transfers (including
debit card purchases, automatic transfers and wire transfers) to six (6) per calendar
month for savings and money market accounts not on a combined statement, or statement
period for savings and money market accounts on a combined statement. The bank may
impose an excess activity fee for each transaction exceeding these limitations.
XII. Canceling an Order
You may cancel or edit a Funds Transfer prior to 10 p.m. Central Time, on the day
prior to the Processing Date. If we do not receive your complete and accurate instruction
canceling or editing a Funds Transfer prior to such times, we will process the Transaction.
This section applies to a recurring or a one-time Transaction.
When you schedule a Funds Transfer using Online Banking, you authorize us to withdraw
the necessary funds from your Account with us. We debit the amount of your Funds
Transfer on the Business Day you instruct us to process the Funds Transfer between
your Accounts. Each instruction to us to withdraw or transfer from an Account is
an order to us to pay from that Account on the specified Processing Date. We may
charge Funds Transfers against the Account even though the charge creates an overdraft
or constitutes a draw against unavailable funds. If you overdraw your Account, you
agree to immediately pay us the overdrawn amount together with any applicable fees.
See the Deposit Account Agreement for details. If the Account is
maintained in connection with an overdraft credit plan, any overdraft will be made
in accordance with the agreement or rules governing that Account rather than this
You authorize us to charge you Online Banking fees identified in our current fee
schedule disclosed with the Deposit Account Agreement
the loan Account agreement, or in the disclosure called Consumer Deposit Accounts Fee
Schedule , which
may be amended by us from time to time.
XV. Our Liability for Failure to Process Funds Transfer
We strive to make all your funds transfers according to your instructions.
We will, however, incur no liability if we are unable to complete any transfer initiated
by you through Online Banking because of the existence of any one or more of the
If the funds transfer would exceed the maximum permitted funds transfer amount or
your Available Balance, Daily Balance or Daily Ending Balance, or your Account has
been re-titled, closed, blocked for security reasons, or subject to legal process
or other encumbrances restricting the transfer.
If the funds transfer processing center is not working properly, and you know or
have been advised by us about the malfunction before you execute the transaction.
If circumstances beyond our control (such as, but not limited to, fire, flood or
interference from an outside force) prevent the proper execution of the transaction,
and we have taken reasonable precautions to avoid those circumstances.
If you have not properly followed the instructions for using Online Banking.
If your operating system is not properly installed or functioning properly.
For errors or failures from any malfunctions of your browser, Internet service provider,
computer, computer virus or other problems relating to the computer equipment you
use with Online Banking, including, without limitation, your inability to access
Online Banking or any part of Online Banking.
For a failure to provide access or for interruptions in access to Online Banking
due to Online Banking system failure.
There may be other exceptions stated in our Agreement with you.
none of the foregoing exceptions are applicable, if Online Banking causes an incorrect
amount of funds to be removed from your Account, Online Banking shall be responsible
for returning the improperly transferred funds to your Account. If Online Banking
causes funds from your Account to be directed to an incorrect Payee, you agree to
help us recover funds directed to the incorrect payee.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED
BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.
EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION
WITH OR IN ANY WAY RELATED TO ONLINE BANKING.
XVI. Exclusion of Liability and Warranties
Online Banking makes use of a private network, intended for authorized users only.
We have confidence in the security measures we employ, however, this
is not an invitation for individuals to attempt unauthorized access. BY USING ONLINE
BANKING, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY THEREFORE, ASSOCIATED BANK
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS,
DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO
YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF ONLINE BANKING OR THE BILL PAYMENT SERVICE,
AND ASSOCIATED BANK FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT
THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE.
XVII. In Case of Errors or Questions About Your Electronic Transfers
Contact the Customer Care Center by phone (800-682-4989) or write us at Associated
Bank, Customer Care Center, 1305 Main Street, Stevens Point, Wisconsin 54481 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 sixty (60) days after we sent you 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.
will determine whether an error occurred within ten (10) Business Days after we
hear from you and will correct any error promptly. If we need more time, however,
we may take up to forty-five (45) days to investigate your complaint or question.
If we decide to do this, we will credit your Account within ten (10) Business Days
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 (10) Business
Days, we may not credit your Account.
ten (10) day period in the preceding paragraph may be extended to twenty (20) Business
Days, if the error involves a transfer to or from the Account within thirty (30)
days after the first deposit to the Account was made.
the error involves an electronic transfer from your Account to buy goods or services
direct from a merchant, a transfer initiated outside of the United States or a transfer
that occurred within thirty (30) days after the first deposit to the Account was
made, the forty-five (45) day time period to investigate your complaint or question
will be ninety (90) days in place of forty-five (45) days.
will tell you the results within three (3) 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.
XVIII. Account Information Disclosure
We will disclose information to third parties about your Account(s) or the transactions
· That we believe are necessary to complete or document transactions,
to investigate possible unauthorized transactions, to resolve errors or claims or
to combat fraud.
· To verify the existence and condition of your Account for
a third party, such as a credit bureau, another financial institution or merchant.
· In response to government agency inquiries, orders or subpoenas.
· In response to court orders, subpoenas, garnishments, levies
or other legal process.
· To companies affiliated with us (see below).
· To comply with laws, rules and regulations.
· As described in Exhibit A.
· If you give us your written permission.
The circumstances under which we may provide information about your Accounts to
affiliates and/or third parties are as set forth in our current privacy notice,
also referred to as the What Does Associated Banc-Corp Do With Your Personal
Information? notice. You agree that we may deliver our privacy notices and opt-out
notices to you by making them available on www.associatedbank.com. You may access
the privacy notice on www.associatedbank.com, or request a paper copy by writing
to us at Associated Bank, Attn: CIF - Opt Out MS 7012, P.O. Box 19097,
Green Bay, Wisconsin 54307-9097.
XIX. Third Parties
You understand that support and services relating to Online Banking are provided
by third parties other than us, and you authorize us to contract with third parties
to provide such support and service.
XX. Electronic Record Consent
You consent to receive Electronic Records that may be required to be made available
during the course of your Online Banking relationship with us. You
have a right to withdraw the consent to receive Electronic Records by notifying
us in writing at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point,
Wisconsin 54481 or via secure messaging.
XXI. Your Right to Obtain Paper Copies
You have a right to obtain Electronic Records in paper form, upon request.
You may obtain a paper copy of an Electronic Record by contacting the Customer Care
Center by phone (800-682-4989). We will charge photocopy fees identified in our
current Consumer Deposit Accounts Fee Schedule which may be amended by us from time
XXII. Periodic Statements
Your Online Banking Account activity will appear on your periodic account statement.
XXIII. Notification of Change in Name or Address
You agree to notify us promptly in writing of any change in name, address or email
address via secure messaging or to Associated Bank, Attn: MS 7710, 1305 Main Street,
Stevens Point, Wisconsin 54481.
XXIV. Imaging of Checks, Debit and Credit Items and Deposit Tickets
We will make every effort to produce legible images of account checks,
debit and credit items and deposit tickets the next Business Day after the item(s)
have been posted to your account. Images will be available up to ninety (90) days
after the checks, debit and credit items and deposit tickets have been
posted to the account. Some items will produce poor quality images or may not produce
an image. In those cases, it is not our responsibility to remedy the image quality.
For better processing quality, we recommend use of the forms and check stock approved
XXV. Termination or Discontinuation
In the event you wish to discontinue Online Banking, you must notify us in writing.
Written notice of service discontinuance must be supplied ten (10) Business Days
prior to the first day of the month to: Associated Bank, Attn: MS 7710, 1305 Main
Street, Stevens Point, Wisconsin 54481. You may also notify us through secure messaging.
If you notify us verbally, you must also send us written notification. After your
proper notice is received by us, the actual discontinuance date of Online Banking,
for purposes of monthly fees, will be the first day of the next month. As such,
monthly fees for Online Banking will not be pro-rated.
may modify, suspend or terminate your privilege of using Online Banking and may
withhold approval of any Transaction, at any time, without prior notice to you.
In the event we terminate Online Banking, we will try to notify you in advance but
are not required to do so. You will be notified as soon as practicable. For security
purposes, if you do not use Online Banking for an extended period of time, we may
terminate your Online Banking.
one person who can use the Account accessible with Online Banking may terminate
Online Banking. Neither termination nor discontinuation shall affect your liability
or obligation under this Agreement.
XXVI. Information Authorization
In order to facilitate Online Banking, the Bill Payment Service, or to investigate
fraud related to Online Banking, it may be necessary to obtain additional information
from other financial institutions, merchants or consumer credit reporting companies.
By accepting and using Online Banking, you agree that we have the right to request
a review of your credit rating at our expense through an authorized bureau. In addition,
you authorize us to obtain information regarding your Bill Payment Transaction from
a merchant or other payee to resolve payment-pending problems.
XXVII. Credit Cards
Associated Bank has a contractual relationship with Elan
Financial Services pertaining to credit cards. Section XXVIII pertains to link and
summary information in Online Banking regarding credit cards in which
Elan Financial Services is the creditor, issuer and service provider
of the credit card. Within Online Banking, Associated Bank provides a link to Elan Financial Services for your convenience. Associated
Bank makes no representations or warranties as to the accuracy and information on
or from other sites. The creditor, issuer and service provider of the credit card
is Elan Financial Services. Please be advised that the
Bank. You authorize us to obtain information from Elan
Financial Services pertaining to your credit cards.
You may not assign this Agreement to any other party. We may assign this Agreement
to our successor in interest or to any, directly or indirectly, affiliated company.
We may also assign or delegate certain of its rights and responsibilities under
this Agreement to independent contractors or other third parties.
XXIX. No Waiver
We shall not be deemed to have waived any of our rights of remedies hereunder unless
such waiver is in writing and signed by us. No delay or omission on our part in
exercising any rights or remedies shall operate as a waiver of such rights or remedies
or any other rights or remedies. A Waiver on any one occasion shall not be construed
as a bar or wavier of any rights or remedies on future occasions.
We may amend this Agreement at any time. The Agreement in its current form will
always be available Online at the Terms and Conditions link. We may require that
you accept changes at the time you sign in or we may provide Notice to you at your
current address in our files. Amendments will be effective upon the date posted
at Online Banking.
XXXI. Governing Law and Conflict Provisions
Your use of Online Banking is governed by these Online Banking Terms and Conditions
as well as the Deposit Account Agreement, any loan agreement and related documentation,
other applicable documentation governing any matter related to your use of Online
Banking, clearinghouse rules, federal law and law of the state where you reside
if in Wisconsin, Illinois or Minnesota, or, if you reside outside one of these three
states, Wisconsin law applies (without regard to state conflicts of law principles),to
the extent that federal and state laws have not been varied by these Online Banking
Terms and Conditions and the Deposit Account Agreement. In case of a discrepancy
between these Online Banking Terms and Conditions and the Deposit Account Agreement
solely relating to your use of Online Banking, these Online Banking Terms and Conditions
control and otherwise the Deposit Account Agreement controls.
XXXII. Providing Phone Number
By providing a phone number and/or cellular number, you are expressly consenting
to receiving communications at that number from us and our agents. Such communications
may include, but are not limited to, text messages, prerecorded or artificial voice
message calls, and/or calls made by an automatic telephone dialing system. Note:
If you do not want to be called for marketing purposes, ask to be added to our internal
do-not-call for marketing list.
You agree not to use Your Account or the Online Banking Service or
the Bill Payment Service in any illegal activity. All trademarks, service marks
and trade names referenced in this material are the property of their respective
owners. Associated Bank, N.A. is a Member FDIC and an Equal Housing Lender. You
agree that you will use Online Banking for personal use only. Online Banking is
not intended for use outside the United States.
EXHIBIT A. CASH BACK PERKS OFFERS THROUGH ONLINE BANKING
You have been automatically enrolled to receive special offers for debit card purchases from merchants (the "Cash Back Perks
Service") through your Online Banking account activity. The terms and conditions of this Agreement, your Deposit Account
Agreement, and your Debit Card/ATM Cardholder Agreement, including any limitation of liability provisions, will apply to the Cash
Back Perks Service. The Cash Back Perks Service is provided through Cardlytics, Inc., a third party service provider, and will be
available to you for Accounts that we determine to be eligible.
II. Terms of Cash Back Perks Service
When you view certain account activity using Online Banking, merchant offers ("Cash Back Perks Offers") will appear from
participating merchants ("Cash Back Perks Offers"). The types of Cash Back Perks Offers you may receive are based on your location
and past history of debit card use. In order to earn a Cash Back Perks Offer, you must first activate the offer by selecting it on your
computer or mobile device, if mobile device access is available.
After you have activated a Cash Back Perks Offer you are eligible to earn the savings or rewards described in the offer ("Cash Back
Perks") by using the debit card associated with your Account to make qualifying purchases. You cannot earn or qualify for a Cash
Back Perks Offer for any portion of a purchase paid for with a payment method other than the debit card associated with the Account
bearing the activated Cash Back Perks Offer. Purchases must be made in compliance with the requirements of the Cash Back Perks Offer.
Cash Back Perks are credited to the account we designate in our records to receive Cash Back Perks.
All Cash Back Perks are paid by the participating merchants and not Associated Bank. Therefore, Credit for Cash Back Perks cannot
be immediately given at the time of purchase. Cash Back Perks are earned on a calendar month basis and credited to your
account on the statement following the statement cycle in which they are earned. For example, if the close of your statement cycle is the 15th
day of each month and you earn Cash Back Perks on January 29, your Cash Back Perks are earned during your February 15th
statement cycle and will generally be credited on the statement issued on or after March 15th. The Account designated to receive
Cash Back Perks must be open on the date the Cash Back Perks are scheduled to be posted. If the Account designated to receive
Cash Back Perks has been closed by you or us, we will use your Cash Back Perks to offset amounts you owe to us. For any
remaining Cash Back Perks, we may in our sole discretion attempt to find another Account that is eligible to receive your Cash Back
Perks. Any Cash Back Perks that cannot be credited to an open Account will be forfeited unless within 60 days of the date your
account is closed you send a written request for uncredited Cash Back Perks to Associated Bank, WE CARE Department, 1305 Main
Street, MS 7722, Stevens Point, WI 54481-0327. Associated Bank will retain any Cash Back Perks that are forfeited. If you receive a
credit for a purchase for which you earned Cash Back Perks (e.g., for returned purchases of goods or services) that reduces the
amount of Cash Back Perks you were eligible to receive we may debit the Account associated with the debit card used to earn the
Cash Back Perks. You further agree that we may debit your Account or any other Account to adjust for any of the following:
· correction of errors in the calculation of your rewards;
· resolution of disputes regarding the determination of your Cash Back Perks;
· adjustments arising from bankruptcy, insolvency, or other failures of merchants making Cash Back Perks Offers; and
· other adjustments consistent with equitable remedies.
III. Information Sharing
We will not share any of your personally identifiable financial information with Cardlytics, Inc. or any other party, unless we are
otherwise permitted to do so. However, you expressly agree that we may compile and share with Cardlytics, Inc. aggregate analytics
regarding all depositors' activation and use of offers made through the Cash Back Perks Service and that your activation and use of
Cash Back Perks Offers will be included in the aggregate information that we share.
IV. Third Party Services; Websites
Through your use of the Cash Back Perks Service, you may be made aware of certain services, products, offers, and promotions
provided by third parties ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and
understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the
performance of the Third Party Services.
The Cash Back Perks Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These
links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content
of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or
make any representation with respect to Third Party Websites, and the inclusion of any link in the Cash Back Perks Service is not and
does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information
contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or
for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and
understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not
responsible for such provisions, and expressly disclaim any liability for them.
V. Limitation of Liability; No Warranty
Notwithstanding any other provision or agreement applicable to our liability, we shall not be liable for any losses resulting from your
use of the Cash Back Perks Service or for any of Cardlytics, Inc.�s acts or omissions. For the avoidance of doubt, we will not be liable
for any of the following, which is meant to be a non-exclusive list:
· any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Cash Back Perks Service;
· the functionality of the Cash Back Perks Service, including, for example, whether or not it is compatible with the hardware or software you use to access Online Banking;
· any rewards information that we provide to you, which is provided "as is" and "as available";
· miscalculations or inaccuracies of any reward amounts or credits to your account;
· delays or "downtime" of the Cash Back Perks Service, including, for example, downtime due to system maintenance or updates; and
· violation of any intellectual property rights as a result of using the Cash Back Perks Service.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CASH BACK PERKS SERVICE,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND DO NOT ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE OF THE CASH BACK PERKS
SERVICE. IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY
WAY OUT OF THE USE OF THE CASH BACK PERKS SERVICE.
VI. Opt-Out and Termination
You will be automatically enrolled in the Cash Back Perks Service. If you wish to opt out of this service, you must follow the opt-out
instructions on your account overview or account activity page within Online Banking. If you opt out, you may re-enroll at any time.
The Cash Back Perks Service will automatically terminate upon termination of Online Banking. We also reserve the right to terminate
the Cash Back Perks Service at any time with or without notice to you. Upon termination or opt-out, any offers you have activated
through the Cash Back Perks Service will be honored through their expiration date.