Online Banking Agreement

Online Banking Agreement

This Online Banking Agreement (“Agreement”) governs the use of 1st Security Bank of Washington’s Online Banking and Mobile services (“Service”). Please read this Agreement carefully. Each time you access or use the Service, you agree to the then-current terms of this Agreement and any other agreements that may apply to the Service or any part of the Service.

Definitions
As used in this Agreement, "Service" refers to 1st Security Bank’s Online and Mobile Banking Services, as amended, and as described in any agreement or addendum to this Agreement covering specific additional online services. "Account" and "Accounts" mean an account with us for which you are an owner, joint owner or are otherwise authorized to conduct transactions, as shown on our records. "Loan Account" and "Loan Accounts" mean any loan you have with us. "You," "Your," and "Yours" mean the person(s) using the Service. "We," "Our," Us," and "Bank" refer to 1st Security Bank of Washington. “Password” refers to the unique set of characters you have constructed, and which is associated with your profile for the purpose of identifying you when accessing the Service. “Deposit Account Agreement” means the 1st Security Bank Consumer Deposit Account Agreement. Capitalized terms not otherwise defined in the Agreement shall have the meaning ascribed to those terms in the Deposit Account Agreement.

Deposit and Credit Agreements
The terms and conditions in this Agreement apply each time you access or use the Service. Your use of the Service is also subject to the rules, regulations and disclosures applicable to your Account as described in the Deposit Account Agreement or any other agreements, amendment, or addenda applicable to additional services available or other products or services we offer, the rules and regulations of any funds transfer system to which we belong, and applicable state and federal laws and regulations, all of which constitute the complete agreement between you and us. If there is a conflict between one or more provisions of this Agreement and the provisions of the Deposit Account Agreement, the terms of this Agreement will control with respect to the Service.

Your Equipment
You are responsible for the installation, maintenance, and operation of your computer, browser and software. You agree to install and maintain virus protection on any equipment you use in connection with the Service. You assume all risk of errors, failures or non-performance of your computer, the browser or software. We are not responsible for any computer virus or related problems that may be associated with the use of the Service. We have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your computer, software, browser or Internet failure or disruption. Except as otherwise required by law, you assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of your equipment, the unavailability of telephone lines or internet access, or computer viruses, spyware, malware, or worms affecting your equipment.

The Service
To use the Service, you must have at least one 1st Security Bank of Washington Account or Loan Account and an Online Banking Login ID and Password. Through the Service, you will have access to any of your Accounts or Loan Accounts. We reserve the right to deny access to Accounts or Loan Accounts or to deny transactions for any lawful reason.

Online Services Available
You may use the Service to (a) transfer funds between your Accounts or Loan Accounts; (b) obtain Account balances; (c) obtain history and transaction information on your Accounts and Loan Accounts; (d) obtain Loan Account balance information; (e) open additional deposit Accounts; (f) order checks and, if applicable, (g) draw on your line of credit. Subject to the terms of the Bill Payment Addendum, we may also allow you to pay bills. Additional services may be available, including Mobile Deposit and Online Statements. Each of these additional services is subject to further approval and a separate agreement governing its use.

Service Limitations
In addition to any limitations established by state or federal law, or in the Deposit Account Agreement, the Service is limited to the extent, and subject to the terms, noted below:

1. We will make available transactional information for your Accounts for at least 365 days from the date of the transaction.
2. The Service is generally accessible twenty-four hours a day, seven days a week, except during occasional system maintenance.

Password
You will determine the Password used to login to the Service during your first login to the Service. The Password you create, during your initial login, will be used for all subsequent logins, unless changed by you from within the Service, and the identity of your Password is not, and should not, be communicated to us. You accept responsibility for the confidentiality and security of your Password. Your Password should not be associated with any commonly known personal identification, such as Social Security number, or names of children, and should be memorized rather than written down.

Security
You understand the importance of your role in preventing misuse of your Accounts and Loan Accounts through the Service. You agree to protect the confidentiality of your Account, Account numbers, and your personal identification information, such as your driver's license number and Social Security number. You understand personal identification information by itself, or together with information related to your Account, may allow unauthorized access to your Account. Your Online Banking Login ID and Password are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the Service is encrypted in an effort to provide transmission security and the Service utilizes identification technology to verify that the sender and receiver of online and banking transmissions can be appropriately identified by each other. Notwithstanding these security measures, you acknowledge the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant all data transfers utilizing the Service, or email transmitted to and from us will not be monitored or read by others.

Data Recording
When you access the Service to conduct transactions, the information you enter may be recorded. By using the Service you consent to such recording. If our records about a transaction are different from your records, our records will govern. Our "records" include our written and electronic records, and any authorization and instructions received from you about any transaction.

Accuracy of Information
We strive to provide complete, accurate and timely Account and Loan Account information through our Service. All information is either generated by us or obtained from sources believed by us to be accurate and reliable as of the date posted on the Service. However, because of the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing the Service from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither we nor any of our affiliates or vendors provide any representations or warranties regarding the Service or any information in it, and we will not be liable to you if any such information is unavailable, delayed or inaccurate. THE SERVICE AND ALL INFORMATION IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND, INCLUDING WARRANTIES OR ANY DUTIES (IF ANY) AS TO ACCURACY, TIMELINESS, COMPLETENESS, SUITABILITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE OR VIRUSES. We do not provide any warranty against infringement, and make no other express warranties. With respect to electronic funds transfer problems; such as unauthorized transfers or our failure to properly complete authorized transfers, the extent of our liability is described elsewhere in this Agreement.

No Signature Required
You authorize us to complete any transaction that is requested via the Service. You understand and agree that your requests made by you while logged into the Service using your Online Banking Login ID and Password will be treated as the equivalent of your signature in connection with any services requested. If we determine that a physical signature on a document is required to complete a transaction requested via the Service, you appoint us as your attorney-in-fact for the limited purpose of signing that document, and you agree that any such signature will be the equivalent of your physical signature.

Fees and Charges
You will not be charged to view your Accounts and Loan Accounts or to transfer funds between your Accounts and Loan Accounts via the Service. However, your Accounts and Loan Accounts are subject to the fees, charges, balance requirements, and other provisions of the Deposit Account Agreement, any fee schedules applicable to the Service, and any Loan Agreements.

Compliance with Law
You shall comply with all laws, rules, and regulations applicable to you, and to the Service, including without limitation, Regulation CC, the Uniform Commercial Code, as adopted by the State of Washington and any rules established by an applicable network, and the prohibitions applicable to illegal Internet gambling. You shall have the responsibility to fulfill any compliance requirements or obligations that the Bank and/or you may have with respect to the Service under all applicable U.S. federal and state laws, regulations, rulings, including sanction laws administered by the Office of Foreign Assets Control, and other requirements relating to anti-money laundering, including but not limited to, the federal Bank Secrecy Act, the USA PATRIOT Act and any regulations of the U.S. Treasury Department to implement such Acts, as amended from time to time.

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR VENDORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS (ECONOMIC OR OTHERWISE), PROPERTY DAMAGE, BODILY INJURY, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST OPPORTUNITY), OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, (I) THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ANY USE OF OUR SERVICE, OR THE INFORMATION CONTAINED THEREIN, (II) RESULTING FROM ANY FAILURE TO COMPLETE ANY TRANSACTION OR THE INABILITY TO USE ANY OF THE SERVICE, (III) RESULTING FROM ANY LOST, STOLEN OR MISUSED ONLINE BANKING LOGIN ID, PASSWORD OR OTHER ACCESS CODE, (IV) RESULTING FROM ANY ACTIONS TAKEN BY US IN ACCORDANCE WITH YOUR INSTRUCTIONS, OR (V) RESULTING FROM THE INSTALLATION, USE OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, INTERNET BROWSER OR ACCESS SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES INCLUDES DAMAGES CLAIMED IN ANY CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO LEGAL OR EQUITABLE PROCEEDINGS AND CLAIMS RELATING TO CONTRACT, TORT OR PRODUCTS LIABILITY.

Notwithstanding anything else in this Agreement, our liability to you for claims arising out of or relating to this Agreement, the Service, whether for breach, negligence, infringement, tort or otherwise will be limited to an amount equal to the total fees paid by you to us under this Agreement for the twelve (12) month period immediately preceding the first event that formed the basis of the claim. You agree that your recovery for nonmonetary damages, if any, will be limited to the correction or replacement of the information. Any failure of that or any other remedy does not affect the enforceability of the limitations on, and exclusions of consequential, incidental and other damages described above. Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than us). You are liable for all transactions that you make, or which are made or requested by anyone using your Online Banking Login ID and Password, even if that person exceeds your authority and even if that person is not an authorized signer on your Accounts.

You acknowledge that the foregoing limitations of liability are an essential, material part of this Agreement and that we would not have entered into this Agreement without those limitations.

Indemnification
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, agents, contractors and affiliates from and against any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and costs), liabilities and other losses that arise out of or relate to (i) your breach of this Agreement or addenda hereto, (ii) negligent or willful misconduct by you or any person or party acting on your behalf, (iii) any failure to prevent loss, theft or misdirection of an Account’s funds; (iv) any misuse of the Service, (v) failure to comply with all applicable federal, state and local laws, rules and regulations relating in any way to the Service; (vi) any act or omission by us that is consistent with this Agreement or consistent with your written or oral instructions; (vii) the act, failure to act or the delay in acting by any financial institution other than us; or (viii) actions by third-parties, including contractors and vendors over which we have no reasonable control. This provision will survive any termination of this Agreement.

Force Majeure; Government Regulation
We will be excused from any failure to act or delay in acting if the failure or delay is caused by legal or regulatory constraints, or other circumstances beyond our control, including but not limited to interruption of transmission or communication facilities, equipment failure, natural disaster, war, terrorism, labor disputes, epidemic, emergency conditions.

Service Interruptions, Viruses and the Internet
Our Service may be unavailable at certain times when required maintenance or upgrades are necessary, unforeseen maintenance is required, or unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in internet or telephone service, or electrical outages. We will make commercially reasonable efforts to ensure the availability of the Service. However, we are in no way liable for the unavailability of all or any portion of the Service.

It is possible to contract an electronic virus by using the internet or materials downloaded from it. We make every attempt to keep our Service virus-free, but we cannot assure you that the Service and any software or other information downloaded from it will be virus free. We are not responsible for any electronic virus or viruses that you may encounter, including, without limitation, any computer virus related problems that may be associated with the use of the Service.

License Grant and Use Restriction, Your Indemnification
Our Service is intended to provide you with easy access to information. We grant you a nonexclusive, revocable license to copy or print an unaltered permanent copy of information from the Service only for your personal, non-commercial use. You may not otherwise copy, modify, publicly distribute or display, perform, publish, license, create derivative works from, transfer, or sell anything obtained from the Service. You agree that you will not alter any Service information and will not use (or allow others to use) the Service or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to indemnify and hold us and our affiliates harmless from and against any loss, damage or expense (including attorneys fees) incurred by them because of any such use.

Alterations and Amendments
The terms of this Agreement, the Deposit Account Agreement and any agreements or addenda covering additional services, applicable fees, and service charges may be altered or amended by the Bank from time to time. If that happens, we will send notice to you either at your address as it appears on our records or by online notice through the Service. If you continue using the Service after we send you a notice of change, you agree to such change(s). Further, we may, from time to time, revise or update the Service, and/or related material(s), and that may render prior versions of this Agreement obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of our programs, the Service, and/or related material(s) and limit access to our more recent versions and updates.

Address and Email Changes
Information updates, such as email, address, or phone number changes, submitted through the Service using your Online Banking Login ID and Password are considered authorized by you. You understand and agree that requests made by you through the Service using your Online Banking Login ID and Password will be treated as the equivalent of your signature in connection with any services requested. If we determine a physical signature on a document is required to complete an information update via the Service, you appoint us as your attorney-in-fact for the limited purpose of signing that document, and you agree that any such signature will be the equivalent of your physical signature.

Electronic Disclosure of Agreement
You acknowledge receipt of a copy of this Agreement and agree to abide by its terms. Further, you agree you may print a copy of this Agreement using your browser’s print command and a printer. You may also request a printed copy by calling us at 1-800-683-0973 or writing to us at P.O. Box 97000, Lynnwood, WA 98046-9700.

Termination or Discontinuation
If you wish to discontinue your access to the Service call us at 1-800-683-0973 to make the request. If you do not use the Service for 365 days, we may, at our sole discretion, terminate your access to the Service. However, in the case of Service termination or discontinuation we may complete (and you assume liability for) any transactions or payments you have previously authorized.

Upon termination or discontinuation of the of the Service you agree to maintain sufficient funds in your Accounts to cover any outstanding Items and processing fees. You agree to pay upon demand all the amounts charged to your Accounts that exceed the available balance in the Accounts, along with any additional overdraft or other charges as provided in the Deposit Account Agreement. Termination of any additional service covered by an addendum to this Agreement may be subject to the terms of the addendum. Neither termination nor discontinuation will affect your liability or obligations under this Agreement.

Payee Limitation
We reserve the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. We agree to notify you promptly if we reject your payment instruction, except where you attempt to make a payment that is prohibited by law or under this Agreement, or the Bill Pay Agreement, if applicable.

Disputes
If there is a dispute regarding the Service, you and we agree to resolve the dispute first by looking to this Agreement. All other disputes are subject to the terms of the Deposit Account Agreement and any other agreement or addenda applicable to specific services.

Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any present or future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver
No delay or omission on our part in exercising any right or remedy will operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Governing Law and Venue
All disputes arising out of or relating to this Agreement, the Service, or any use of them or any information derived from them, will be governed by and construed in accordance with the laws of the State of Washington. Any action by either party with respect to this Agreement must be brought in Snohomish County, Washington in a court of appropriate jurisdiction. The substantially prevailing party in any action will be entitled to an award of all its court costs and fees, including witness fees and attorneys’ fees. Any lawsuit or other proceeding against us must be brought within one (1) year of the date you have a right to sue. Any clause of this Agreement declared invalid will be deemed severable and not affect the validity or enforceability of the remainder.

How to Notify Us of a Problem
If you have a question about a Service transaction, believe your Online Banking Login ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us at 1-800-683-0973 or write to us at P.O. Box 97000, Lynnwood, WA 98046-9700.