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NEW WEST BANK

ONLINE BANKING AGREEMENT AND DISCLOSURE STATEMENT
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This agreement together with the Deposit Account Agreement, Your Account
Rules and Regulations, Regulation E Disclosure and any
written application for Online Banking, as they may be adopted and/or
amended from time to time, serve as our agreement with you
governing your use of Online Banking and your deposit accounts accessed
through Online Banking.
When you use Online Banking or authorize anyone else to use Online
Banking, you accept and agree to be legally bound by the terms
and conditions of the agreement, to be responsible for all authorized
transactions initiated through Online Banking, and to be responsible
for any unauthorized transactions to the extent permitted by law.
Your rights, liabilities, responsibilities for Online Banking fund
transfers are governed by this agreement and to the extent applicable, by
the provisions of the Federal Electronic Fund Transfer Act and the Federal
Reserve Boards Regulation E and Colorado Law.
PINs and Passwords
All Online Banking transactions or inquiries must be initiated by use of
your NetTeller ID and your password. We will assign you a
NetTeller ID after we have accepted your application. The first time you
sign on to Online Banking you will be required to select a new
PIN or password. We suggest you change your PIN or password from time to
time.
Your password or PIN is used to access your accounts. You should treat it
as you would any other sensitive personal data. Because
your password or PIN serves as the principal security measure for access
to your accounts, you agree that you will not make your
password or PIN available to any unauthorized person. If you make your PIN
or password available to anyone, either intentionally or
negligently, you authorize that person to access your accounts through
Online Banking and to give us instructions relating to your
accounts. You also authorize us to comply with such instructions.
Notify us immediately if your PIN or password has been lost or stolen. If
your statement shows unauthorized transfers, notify us within sixty (60)
days after the statement is mailed to you or viewed on your computer.
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You may notify us by:
Telephone: 970-378-1800
E-mail:
customerservice@newwestbank.biz
Mail:
New West Bank
3459 W 20th St., Suite 114
Greeley, CO 80634
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Accounts Accessible
Subject to approval, you may designate the accounts you wish to access
through Online Banking. You must be an owner or co-owner on the account,
or be designated by an owner or co-owner on the account.
If any of your accounts has co-owners, each owner will be jointly liable
for any obligation from use of Online banking to access accounts. This
liability shall extend to any line of credit accessed through any
account.
Overdraft
If your use of Online Banking results in an overdrawn account, you agree
to make immediate payment to us in the amount of the overdraft, with any
related service charges.
Account Transfers
You may transfer funds between the following accounts:
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Checking to checking, loan, savings or overdraft protection
account.
Savings to checking, loan, savings or overdraft protection account.
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Transfer instructions received after 3:30pm MT will not be processed
until the next business day. For purpose of this disclosure, our
business days are Monday through Friday. Holidays and weekends are not
included.
According to Federal regulations, you may not make more than six (6)
pre-authorized or automatic transfers from a savings or money market
account during a statement cycle.
Balance Inquiries
Shown balances of accounts may include deposits subject to verification
by us. The balance may also differ from your records due to deposits in
progress, outstanding checks or other withdrawals, payments or charges.
Limitation of Warranty and Liability
We will incur no liability if we are unable to complete any of your
transfers because of the Internet or communication line interruptions or
failures. We make no promises that Online Banking will be uninterrupted
or free from error. If such an event may occur, our sole responsibility
will be to use reasonable efforts to resume services.
In no event shall New West Bank be liable for any direct, indirect,
special, incidental, consequential, punitive or exemplary damages,
including lost profits arising in any way out of the installation, use
or maintenance of any computer equipment, or the use of the Online
Banking service.
The Bank will not be liable if any of the following occurs
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Funds are not available in your account or if the account has
been closed or is not in good standing.
Funds are subject to legal process.
Natural Disasters (fire, flood, tornado, etc) or other
uncontrollable circumstances (mail delays, power failures, etc) that
would prevent proper completion and delivery of transactions.
If you do not properly follow our instructions or if you provide us
with wrong or inaccurate information or fail to correct
or tell us
about any inaccuracy of which you are aware. |
We will disclose information to third parties about your account(s)
or transfers if it is necessary for completing transfers or
investigating and resolving errors involving transfers, to combat fraud,
and to comply with government agency or court orders.
The Bank cannot monitor any signature restrictions or any other type of
restrictions on your account via Online Banking.
We reserve the right to refuse Online Banking to anyone.
Virus Protection
We are not responsible for any electronic virus or viruses that you may
encounter. We encourage our customers to routinely scan their PC and
diskettes using a reliable virus product to detect and remove any
viruses. 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.
Termination
Unless otherwise required by applicable law, New West Bank may terminate
this Agreement and/or your access to any Online service through Online
Banking, in whole or in part, at any time.
Stop Payment Procedure
If you have told us in advance to make regular payments or transfers out
of your account, you can stop any of these payments or transfers,
however we require you to call us at 970-378-1800 or write us at: New
West Bank 3459 W 20th Street, Suite 114 Greeley, CO 80634 in time for us
to receive your request three business days or more before the payment
is scheduled to be made. We will charge you a fee for each stop payment
order as disclosed on the Fee Schedule.
All account Rules and Regulations that you received when opening your
account(s) still apply.
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MEMBER FDIC
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