Bank of McCrory
 
Bank of McCrory Online Banking Agreement Terms and Conditions

The use of Online Banking (the Service) with Bank of McCrory requires that you agree to the terms and conditions of our Agreement. The Agreement describes many of the features and services that Online Banking provides and how they work.

  1. General Description of Online Banking Agreement What This Agreement Covers

    This Agreement between you and Bank of McCrory governs the use of Online Banking services. These services permit Bank of McCrory customers to perform a number of banking functions on accounts linked to the service through the use of a personal computer.

    Accepting the Agreement

    By using Bank of McCrory Online Banking, you agree to the terms and conditions set forth in this agreement.

    You should print and/or save a copy of this Agreement for your records. You can use your browser to print this document. You can also use your browser to save a copy of this document on your hard drive.

    If you need help printing or saving this document, or if you have any questions about this Agreement, please contact our Online Banking Customer Service Department at 870-731-2521. You can obtain a paper copy of this Agreement at any time.

    WHEN YOU USE ANY OF THE ONLINE BANKING SERVICES DESCRIBED BY THE AGREEMENT OR AUTHORIZE OTHERS TO USE THEM, YOU AGREE TO THE TERMS AND CONDITIONS OF THE ENTIRE AGREEMENT. YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT AND YOU UNDERSTAND THAT YOU CAN PRINT A COPY AND/OR SAVE IT TO YOUR HARD DRIVE.

    IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, YOU ARE NOT AUTHORIZED TO USE THIS SERVICE.

  2. Definitions
    • Agreement - Means the terms and conditions of the Online Banking service.
    • You or your - Refers to the owner of the Eligible account and person(s) subscribing to or using the Service.
    • We, us, or our - Refers to Bank of McCrory and any agent, independent contractor, Service Provider, licensor, designee, or assignee Bank of McCrory may involve in the provision of Online Banking.
    • Business Day - Every Monday through Friday. All bank holidays are not considered business days. Our bank holidays are New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
    • Business Customer - Refers to anyone other than a consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
    • Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for transfers is based on our Business Days and Central Standard Time. For posting purposes, we will process all transfers completed by 3:00 pm on that Business Day. Transactions completed after 3:00 pm will be processed on the following Business Day.
    • Consumer - Refers to a natural person who owns an Eligible account at Bank of McCrory with respect to which the Service is used primarily for personal, family, or household purposes.
    • Cookie - A cookie is a piece of securely-coded information sent by Bank of McCrory to your computer when you login with our MultiKey service. Cookies include a randomly generated, unique number used as a sign-in or registration identifier. Every time you log in from that same computer, your Web browser then sends us back this cookie, which is a security feature that lets us know that you’re using your own computer.
    • Electronic Funds Transfer (EFT) - Refers to any transfer of funds initiated through the Service, such as an account transfer. If we authorize your eligible account(s) for EFT’s through the Service, you have certain rights and responsibilities under the EFT Act (Reg E) which are further detailed in Section 19.
    • Eligible Accounts - You must have an existing account relationship with us to enable our Online Banking Service. An Eligible Account means any one of your deposit account(s) to which we may allow access via the Service under this Agreement. When using the Service, you agree to maintain one or more Eligible accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
    • Joint Accounts - When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. If the accounts added to the Service are jointly held or have multiple signers, you agree that, for your security, we recommend every Online Banking customer to have a unique User ID and password and there is only one login and password for any one customer; however joint accounts using the same Online ID will be identified as one service.
    • Service Hours - You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high online traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features.
    • Service Provider - Includes any agent, licensor, independent contractor or subcontractor Bank of McCrory may involve in the provision of Online Banking services.
  3. Relation to Other Agreements Your use of Online Banking services may also be affected by the agreements between us for your deposit and other linked accounts. When you link an account to Online Banking services you do not change the agreements you already have with us for that account. For example, when you use Online Banking services to transfer funds between accounts, you do so under the terms and conditions we gave you in the agreement and disclosure for that account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking services.
  4. Online Banking Services
    • Online Banking for Consumers and Businesses
    You may use Online Banking to:
    • Transfer funds between your accounts at this financial institution
    • View current balance information for your linked Bank of McCrory accounts
    • Review available transactions for your linked Bank of McCrory accounts
    • Perform self-service account maintenance, such as changing your Online ID, Online password, Online personal image, and Online challenge questions.
    • Send us secure online mail messages and questions regarding your Online Banking service.
    • Review check images up to 12 months
    • Payments to loans at Bank of McCrory
    • Transaction download into Quicken 2004(QIF) and older, MS Money(OFX), and MS Excel Compatible(CSV)
    • eStatements - if applicable
    We may add or remove certain features and/or functionality available from time to time.
  5. Fees Online Banking is FREE, however if you choose to continue to receive paper statements there will be a $2.00 per month postage & handling fee assessed on all accounts receiving mailed statements.  This fee will be waived on all relationships having a combined Demand Deposit and/or Savings account balance of $12,000 or more. These Online Banking options will be available to you at a later time during your enrollment process for you to decide. If we ever change this policy, you will be notified and allowed to discontinue your service.

    You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

    Other Charges

    You should note that depending on how you access Online Banking, you might incur charges for:

    • Normal account fees and service charges.
    • Purchase of computer programs such as Personal Financial Management (PFM) software.
    • Payments or transfers made through Online Banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
    • Additionally, fees may be assessed for added self-service features available through Online Banking customer service, such as check copy orders and account statement copy orders. Please consult your deposit account agreements to see if your accounts are subject to these fees.
    • NSF fees may also apply if schedule transfers and your available balance is not sufficient to process the transaction on the date scheduled.
    • We may charge you a research fee of $25.00 per hour for a history statement or a history transaction. This fee will be waived if we determine that an error occurred.
  6. Requirements for Enrolling in the Service In order to enroll in the Service you must:
    • Have an Eligible Account with Bank of McCrory. Your account with us must be in good standing.
    • You must be 18 years of age or older.
    • You must be a resident of the United States or its possessions.
    • You must have a valid email account that we can use for our electronic communications programs.
    Prior to enrolling in the Service and accepting this Agreement, you should verify that you have the required hardware and software necessary to access the Service, retain records, and retain a copy of this Agreement. Your system must meet requirements below:
    • Internet Explorer 9.0 or better with 128-bit encryption
    • Firefox 3.5 or higher
    • Modem and Internet browser that can support SSL, 128-bit encryption.
    • For security purposes, you should use the most current versions of Internet browsers: Microsoft Internet Explorer, Netscape Communicator, or AOL’s browser. The most current versions will support 128 bit encryption.
    • To print or download disclosures, you must have a printer connected to your PC or sufficient hard-drive space to save the disclosure.
    • An email account with an internet service provider and email software in order to participate in our electronic communications programs.
    If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service and/or change your method of receiving disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
  7. Equipment Maintenance
    • Virus Protection: You should routinely scan your computer and diskettes using a reliable virus detection product. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
    • Firewalls: You should also utilize a firewall, (hardware and/or software) especially if you have a broadband Internet connection such as DSL, or cable modem.
    • Patches: You should periodically update your operating system and browser for critical security related patches. Microsoft updates and patches can be found at: http://v4.windowsupdate.microsoft.com/en/default.asp.
    YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. BANK OF MCCRORY SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING OUR SERVICE. WITH YOUR AGREEMENT BELOW AND YOUR USE OF THE SERVICE, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL COSTS, EXPENSES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION, OR ATTORNEY’S FEES) RESULTING FROM ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY VIRUS OR COMPUTER PROBLEMS THAT YOU MAY ENCOUNTER RELATED TO THE USE OF THE SERVICE.
  8. Receiving Electronic Disclosures and Notices All updates to the Agreement, as well as all disclosures, notices and other communications regarding Online Banking, will be provided to you online. The equipment necessary for accessing these types of disclosures electronically is described above in section 6.

    WITH YOUR ACCEPTANCE, YOU AGREE TO ACCEPT ONLINE BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.

    You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at: info@bankofmccrory.com or calling 870-731-2521 and speaking to a bank representative.

    You can request paper copies of documents at info@bankofmccrory.com or by calling a bank representative at 870-731-2521. Additional fees for paper copies may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.

    You should print or save a copy of all disclosures delivered electronically.

    You may withdraw consent to receive communication in electronic form for any of your accounts by contacting us via email at info@bankofmccrory.com, by telephone at 870-731-2521, or by mail to P O Box 370, McCrory, AR., 72101. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal.

    After your completion of the registration process, we will send you an e-mail to confirm your e-mail address. We may also ask you to print the disclosures and send us signed acknowledgement that you have received and reviewed the required disclosures.

  9. Enrollment Process You must complete the enrollment process to use the Service. Consumers can enroll for the Service via the Internet or visit the lobby at the Bank of McCrory.

    The Internet enrollment process involves completing a secure online application that will identify all the information that we will need to enable the Service. You will also choose your User ID during the enrollment process.

    When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Online Banking department will verify the information you submit for accuracy and proper authorizations. Commercial account Online Banking applicants must print the application and submit it to our Online Banking department or by mail to: Bank of McCrory, Online Banking Dept. PO Box 370, McCrory, AR., 72101.

  10. Description of Online Banking Services Transfers

    Processing Transfer Requests

    Transfers can be made between your linked Bank of McCrory checking, savings, and money market accounts, or as a payment from any of those accounts to a linked installment loan or mortgage.

    The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough available funds, you may incur a non-sufficient funds (NSF) fee. Please refer to the applicable account agreement and fee schedule for details.

    Transfers you submit from a deposit account (checking, savings or money market) are immediately reflected in your balances for that account. Transfers entered before the cut-off time of 3:00 p.m. Central Time (CT) on a bank business day are processed on the same bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day.

    Cut-off Times for Crediting of Transfers

    The crediting of funds depends on the type of account you are transferring to and the daily cut-off time. Online Banking transfers to deposit accounts are immediately reflected in the account balance online. In order for transferred funds to be available to pay items that are processed against your account overnight (i.e. checks or direct debits), they must be entered before the cut-off time of 3:00 p.m. CT. To avoid possible NSF or overdraft fees, please be sure to make your transfers before the cut-off time.

  11. Service Hours You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Online traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features.
  12. Business Days For Online Banking services, our business days are every Monday through Friday excluding holidays. All bank holidays are not considered business days. Our bank holidays are New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
  13. Canceling Your Online Banking Services Your Online Banking services remain in effect until they are terminated by you or Bank of McCrory. You may cancel your service at any time by notifying us of your intent to cancel in writing to Bank of McCrory, PO Box 370, McCrory, AR 72101, through Online Banking secure mail, or by calling Online Banking customer service at 870-731-2521. This cancellation applies to your Online Banking services, and does not terminate your Bank of McCrory accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. We may terminate your participation in Online Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.
  14. Joint Accounts When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. If the accounts added to the Service are jointly held or have multiple signers, you agree that, for your security, we recommend every Online Banking customer to have a unique User ID and password and there is only one login and password for any one customer; however joint accounts using the same Online ID will be identified as one service.
  15. Changes to Agreement We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you maintain your Online Banking services after the effective date of a change, you indicate your agreement to the change.
  16. Transfers from Money Market Accounts Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including Online Banking transactions - from money market deposit and savings accounts. Money Market account holders are permitted to make only six outside withdrawals per month. There are unlimited transfers of funds from a Money Market Account to another account of the same depositor at the same institution only when such transfers or withdrawals are made by mail, messenger, automated teller machine or in person or when such withdrawals are made by telephone. Any accounts that have been identified by the Bank as exceeding the permitted number of withdrawals or transfers will receive a written warning. If the account holder disregards the bank’s written warnings and continues to exceed the limits, the bank will place the funds in an account type which allows for an unlimited number of withdrawals and for which the account holder is otherwise eligible. We recommend that you not use a money market account as your bill payment account because of these restrictions.
  17. Account Balances Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payment or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time 3:00 pm to be effective the same Business Day. The balances within the Service are updated daily and the system will display the most current “as of” date on the “accounts history” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
  18. Password and Security When you agree to the terms and conditions of this Agreement below, you agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all transfers and bill payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. No Bank of McCrory employee, nor any company affiliated with Bank of McCrory Online Banking, will contact you via email, phone, or text message requesting your online password or any other sensitive information. If you are contacted by anyone requesting this information, please contact us immediately. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 870-731-2521 during customer service hours. By agreeing to the terms and conditions of this Agreement you acknowledge your responsibility for protecting the confidentiality and security of your User ID and Password and you agree to change your password periodically and/or if you believe it has been compromised.
  19. Reg E Disclosures Please read the following EFT disclosures carefully. You should print a copy of this information for future reference.

    Your Liability for Unauthorized Transfers

    Tell us AT ONCE if you believe your User ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit).

    If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.

    If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

    Errors and Questions

    In case of errors or questions about your EFT transactions, you must notify us as soon as possible through one of the following methods:

    1. Telephone us at 870-731-2521 during customer service hours;
    2. Write us at: P O Box 370, McCrory, AR 72101; or
    3. Send us a secure email through the Online Banking service.
    If you think your statement is incorrect or you need more information about an electronic transfer or bill pay transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
    1. Tell us your name, account number(s), and User ID;
    2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
    3. Tell us the dollar amount of the suspected error.
    If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.

    For other EFT errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.

    If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

  20. Our Liability for Failure to Complete Transactions If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:
    • If, through no fault of ours, you don't have enough available funds in your account (or available credit under your overdraft protection plan), or credit to cover the transaction or transfer.
    • If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer.
    • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken.
    • If there are postal delays or processing delays by the Payee.
    • Your eligible account(s) is closed.
    • If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer.
    • The payment request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal.
    • There may be other exceptions not specifically mentioned.
  21. Documentation and Verification of Transfers Information regarding Online Banking will be reflected in the account detail and account history sections of the Service and in your regular monthly account statement(s).
  22. Privacy and Internet Security
    1. Privacy We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
    2. Internet Security
    The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Online Banking department will verify your identity and authorization against information associated with the Eligible Account(s) that you request to be tied to the Service.

    User IDs and Passwords - One of the main security features protecting the Service is the unique combination of your User ID and Password. During the enrollment process, you will be asked to select a unique User ID that will be used to gain access to the Service. You determine your own Password, which is encrypted in our database. Neither this financial institution nor its Service Providers have access to this information.

    Your Password is used to access your accounts so you should treat it as you would any other sensitive personal data. You should carefully select a Password that is hard to guess. We encourage you to stay away from words based on your name, address, or other personal information. Your Password must contain characters from EACH of the following three groups. Uppercase and lowercase letters (A,a,B,b,C,c and so on) numerals symbols such as !,@,#, and so on. The Password must have at least 6 characters but no more than 12. The first character must be a letter or a number. The Password cannot have any spaces or periods in it. The Password must have at least one symbol character in the second through sixth positions.

    Keep your Password safe. Memorize your Password and do NOT write it down. You will be required to change your password every 120 days. A Password can be changed immediately if you suspect that your Password has been compromised. This can be done at any time from the “User Settings” menu after you log on to the Service.

    We will not contact you via telephone, email, or text message requesting your Password. If you are contacted by anyone requesting this information, please contact us immediately.

    MultiKey is a standard part of your Bank of McCrory Online Banking login experience. As part of our ongoing commitment to help protect you against identity theft and fraud, MultiKey helps prevent unauthorized access to your accounts while reassuring you that you’re at the valid Bank of McCrory website. Login from a trusted computer will prompt for “UserID”, “Image”, and “Password”. Login from a public computer will prompt for “UserID”, “a challenge question”, “Image”, and “Password”. One of the ways we recognize you is by placing a cookie on your computer when you sign up for our MultiKey service. The cookie contains a randomly generated, unique number used as an identifier. When you login after that, your Web browser sends us this cookie, which lets us know that you’re using your own computer. The cookie is visible only to the Online Banking site at Bank of McCrory and does not contain any personal information. You can also access Online Banking from any number of computers and have the same MultiKey protections.

    Use of Public computers - The security of public computers (e.g. in a Library, or Internet café) cannot be assured; therefore we strongly recommend that our customers refrain from accessing online accounts on a public computer. The Bank also offers IP filtering. If you want to deny access to your Online Banking account except for a single or range of IP addresses, contact the bank by phone or email and we will set that up for you.

    Log-On Security - For your protection, you should sign-off after every Online Banking session. However, in order to help prevent unauthorized access to your account(s) your online session will end automatically if we detect no activity for 15 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer you will be logged off and you will have to log-in again. In addition, you will be in “Simple Lockout” after 3 unsuccessful attempts to log on. A four-digit code will be automatically sent to your e-mail address. You will be prompted to enter this code during the next login attempt. After 6 unsuccessful attempts you will be in “Total Lockout” and will be required to call the bank at 870-731-2521 to reset the password. The Online Banking Department will then verify your identity and your account will be unlocked in order for you to continue to do your online banking.

    Encryption - The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Online Banking. Your browser automatically activates this technology when it attempts to connect to our Service. Our Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.

    Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

    Certificate Authority - The servers hosting our Service have been certified by a “Certificate Authority” to assure you that you are actually talking to our Service instead of someone pretending to be us. In addition to the security features described above, there may be other security related notices posted on our website or Service from time to time. It is your responsibility to read all security notices.

    NOT WITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.

  23. Acknowledgement of Commercially Reasonable Security Procedures By using Online 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).

    Limitation of Bank's Liability

    If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that 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 that 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 the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.

  24. Address Account Changes When you complete the enrollment process and we have linked your accounts, we will send you an email to verify that you are able to receive email communications from us. We may also be sending you email messages regarding important Online Banking matters and/or changes to this Agreement. You must maintain your current email address with us in order for us to deliver this information to you. You must also maintain a current email address to be enrolled in the eStatements product.

    It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes to your email address can be made within the system through the User Settings menu in the Online Banking Service. You can also have changes made by contacting a bank representative at 870-731-2521.

  25. Assignment You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated or unaffiliated company. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties.
  26. No Waiver We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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 waiver of any rights or remedies on future occasions.
  27. Captions The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
  28. Ownership of Material Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Bank of McCrory and/or it’s Service Providers unless otherwise indicated. All registered and unregistered trademarks in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
  29. Governing Law and Relation to Other Agreements Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.

    This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflicts of laws provisions.

    THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

  30. Bank of McCrory eAlert Terms & Conditions Bank of McCrory's email alerts enable you to receive certain information regarding eligible accounts you have selected for the service. By subscribing to this service, you acknowledge that you are aware of and agree to the terms and conditions hereof, which terms are made a part of your Online Banking Agreement Terms & Conditions.

    You may receive alerts through a web-enabled mobile device and an email account that is accessed via a personal computer, or both. It is your responsibility to determine if your service provider supports messaging and your telephone or other mobile device is capable of receiving messages. The alerts are also subject to the terms and conditions of your agreement(s) with your cellular phone carrier, internet and/or other service provider. You are responsible for any fees imposed by your service providers.

    We will send alerts based upon the instructions you provide to us. In addition to any other obligations you may have, it is your responsibility to correctly enter and keep current any email address , as required for the type of alert you have selected. We may send these alerts in an unencrypted format. You consent to delivery by the method you have selected and to sharing of information with anyone who may have access to your telephone, mobile, computer or other device.

    Alerts are not designed to replace any other notices we send to you. You agree to continue to review all correspondence from us regarding your accounts and services with us. If we do not send or you do not otherwise receive an alert we send, or such is delayed or misdirected for any reason, such does not affect your liability, rights or responsibilities with respect to your accounts and services and you agree that we will not be liable for our failure to send alerts as described herein.

    We reserve the right to terminate this service or begin charging a fee for this service at anytime without notice, except as may be required by law. Nothing herein shall amend, supersede or nullify any other agreement you may have with us.

  31. Proceed with Enrollment for the Service By using the service you are acknowledging that you have received a copy of this agreement in either paper or electronic form, read and agree to the terms and conditions of this Agreement and would like to proceed with the registration.
 
 
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