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Internet Banking Agreement

This Internet Banking Agreement (“the Agreement”) explains the terms and conditions governing the use of Internet Banking Services offered by The Pueblo Bank and Trust Company (PB&T).  All Internet Banking Services of any kind whatsoever offered by PB&T (including, but not limited to funds transfers) will be referred to collectively as “Internet Banking Services” in this Agreement.  “You” or “Your” refers to each person(s) who opens or those individuals authorized to use any account at PB&T and any person(s) who has been given Credentials for Internet Banking Services.  The term “business day” means all days except Saturday, Sunday and all banking holidays.  The words “we”, “us” and “our” mean PB&T. 

By using any of the Internet Banking Services, you agree to abide by the terms and conditions of this Agreement as well as the terms and conditions of your account(s), a copy of which may be accessed by calling your branch.  All Internet Banking Services offered by PB&T are governed by this Agreement, as well as by applicable federal and state laws and regulations, and the terms and conditions of your account.  All applicable fee schedules published by PB&T from time to time will apply to the Internet Banking Services.  You are responsible for the payment of any fees incurred by you on any account, for any service, at any time.  You agree to pay all such fees upon request of PB&T.  Further, you agree to pay all telephone charges, Internet access charges, or fees incurred by you in accessing Internet Banking Services.  Internet Banking Services requires you to have Internet access established.

By Submitting this Form:

1)     Use of Services.  You agree that Your use of the Internet Banking Services confirms that You have completed and reviewed this Agreement, the Deposit Account Agreement and Disclosure or the Terms and Conditions of Your Account and applicable disclosures, any of which PB&T may amend from time to time.  Your initial use of any Internet Banking Service in connection with Your account(s) at PB&T constitutes Your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and of the Deposit Account Agreement and Disclosure or the Terms and Conditions of Your Account.

2)     Credentials.  “Credentials” refer to confidential usernames, passwords, challenge questions, and/or any other piece of information or token used to log into and use Internet Banking Services. You understand that Your Credentials can be used to access funds from Your account and must be safeguarded.  You authorize PB&T and its agents to follow any instructions transmitted by use of this code, and You agree to be bound thereby.  If accessing a business or personal account, You certify that You are authorized to use the Credentials.  PB&T is entitled to act upon instructions received through any Internet Banking Service which was authenticated using Your Credentials without inquiring into the identity of the person using the Credentials.  You agree that You will not, under any circumstances, disclose Your Credentials to any person.  You acknowledge that no employee of PB&T needs or should ever ask for Your Credentials.  You are liable for all transactions made or authorized using Your Credentials.  PB&T has no responsibility for establishing the identity of any person or determining the validity of any transaction received using Your Credentials.  If You provide Your Credentials to anyone, You authorize any transactions carried out by that person.  PB&T assumes all transactions authorized by Your Credentials are legitimate.  If You fail to protect and secure your Credentials, You are solely responsible for any actions or transactions that may occur as a result. You release and discharge PB&T from any and all liability and agree not to assert any claim against PB&T or bring any action against PB&T in honoring or allowing any actions or transactions where (a) You authorize the person performing the action or transaction to use your account; or (b) when You have provided Your Credentials to another person; or (c) where You fail to adequately protect or secure your Credentials.  You also agree to indemnify and hold PB&T harmless against in respect to any and all actions or transactions related to the use of Your Credentials, including but not limited to attorney fees and costs.

3)     Lost Credentials.  You will notify PB&T at once if You believe another person has improperly obtained Your Credentials or has carried out un-authorized transactions.  At any time, You may ask PB&T to disable Your Credentials and/or issue new Credentials.

4)     Business Accounts.  The owner of a business account is liable for all transactions that occur on the account.  The owner of the business account agrees to be liable for any other parties designated (by being given the Credentials) to conduct business on the account(s).

5)     Multiple Party Accounts.  For multiple party accounts, each person on a multiple party account will be liable for all transactions that are made on that account.  Each owner(s) on a multiple party account(s) agrees to be liable for the actions of the other owner(s) on the account.

6)     Modification and Termination.  PB&T has the right to modify or terminate this Agreement or the Deposit Account Terms and Conditions at any time.  When making changes, PB&T will comply with all legal notice requirements.  Once this Agreement is terminated, PB&T will not allow any additional Internet Banking Services to be permitted.  If this Agreement is modified, Your continued use of the Account will represent Your acceptance of the changes.  If You wish to terminate Your access to Internet Banking Services, call us at 888-725-3550 during regular business hours.  After your identification has been verified by Us over the phone, Internet Banking Services will be terminated.

7)     Hardware and Software Requirements.  In order to use Pueblo Bank & Trust’s Internet Banking services, You understand You must meet the current hardware and software requirements which are available at https://www.pbandt.com/IB-HW-SW-Requirements.

8)     Other Internet Banking Services.  In order to take advantage of other Internet Banking Services offered, You understand that You must complete this agreement and establish basic Internet Banking Services with PB&T.  All services later added are covered under this Agreement. Completing the Agreement authorizes PB&T to carry out transactions under any other Internet Banking Services You decide to use or set-up at a future date, such as Bill Payment Services.  By using any new service, You agree to be bound by the terms communicated to You in advance.

9)     Receipts.  PB&T will not provide any receipt or documentation of transactions other than regular account statements.

10)   Notices.  Any notice permitted or required under the terms of this Agreement or by law shall be deemed to be given when displayed within the Internet Banking Services, sent to your last know email address, deposited in the United States Mail addressed to the other party at their last known address, or by serving the notice personally upon the other party.

11)   Severability.  In the event any portion of this Agreement or any part thereof shall be determined by any court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining provisions hereof shall remain in full force and effect.

12)   Merger.  All previous understandings and agreements between the parties are merged in this Agreement and neither party is relying upon any statement or representation not embodied in this Agreement, made by the other.

13)   Attorney’s Fees.  If any party to this Agreement employs an attorney because of the default of any other party arising out of or related to the terms of this Agreement, the substantially prevailing party in any litigation or proceeding shall be entitled to an award of attorney fees and expenses incurred.

14)   Binding Agreement.  This agreement shall be binding upon the heirs, personal representatives, administrators, executors, successors and assigns of the parties hereto.

15)   Waiver of Jury Trial.  You, Your heirs, Successors and assigns, and PB&T, PB&T’s successors and assigns, knowingly, voluntarily, and intentionally waive any right to a trial by jury regarding any action, proceeding, or litigation whatsoever related to, or in any way connected with, this Agreement or any of the Internet Banking Services offered by PB&T.

16)   Governing Law and Jurisdiction.  This Agreement shall be governed by and construed in accordance with Federal law and regulations, and to the extent state law is applicable, by the laws of the State of Colorado.  In the event either party is required to maintain an action to enforce their rights under this agreement, jurisdiction for any litigation or proceedings related to or concerning this Agreement shall be in the District Court for the County of Pueblo, Colorado.  Venue for any litigation or proceedings related to or concerning this Agreement shall also be in the District Court for the County of Pueblo, Colorado.

17)   Electronic Fund Transfer Provisions For Consumers. Transfers are processed by Electronic Funds Transfers (EFT), subject to compliance with Regulation E. Please refer to https://www.pbandt.com/sites/default/files/RegEDisclosure.pdf for the current Regulation E Disclosure, which discloses important information concerning your rights and obligations.

18)   Amendment.  PB&T has the right to change this Agreement at any time. You will be notified of any such change either by mail, an electronic message, by posting notice in branches of PB&T, on-line or as otherwise permitted by law.

19)   Systems and Software.  We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by You to interface with Our systems or systems and software utilized by You to initiate or process banking transactions whether such transactions are initiated or processed directly with Our systems or through a third party service provider.  You acknowledge that You are solely responsible for the adequacy of systems and software utilized by You to process banking transactions and the ability of such systems and software to do so accurately.

20)   Availability.  The PB&T Internet Banking Services will generally be available 24 hours a day, 7 days a week, except for during scheduled maintenance.  Services may be unavailable at any time due to security concerns, system problems, communication problems, or for other reasons.  We reserve the right to change service hours at any time.

21)   Limitations on Use.   PB&T Internet Banking Services are not necessarily available everywhere, and may not be available to non-residents or non-citizens of the United States of America.  Any access or use of the Internet Banking Services from locations outside the United States may increase the risk of compromising Your credentials. You agree to accept all liability for any compromise to Your Credentials arising as a result of access or use of the Internet Banking Services from locations outside the United States.

22)   Warranty Disclaimer & Limitation of Liability.   All information contained in or accessed through PB&T Internet Banking Services is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, freedom from viruses or other harmful code, or fitness for any particular purpose.  There is no warranty regarding the accuracy, adequacy, or completeness of the information and materials contained within the Internet Banking Services and PB&T has no liability for errors or omissions in all materials and information.  Further, We will not be liable for any unavailability, delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in the Internet Banking Services, or from the incompatibility between the Internet Banking Services and your browser. We also will not be liable for any other problems experienced by you due to causes beyond our control. There is no license implied in these disclaimers. 

In no event shall we be liable for any damages whatsoever which arise out of or relate to:

1.    Your use of or access to (or inability to use or access) the Internet Banking Services;

2.    Your reliance on any information provided through the Internet Banking Services;

3.    Any other failure of performance, error, omission, interruption or defect, or any loss or delays in transmission.

We shall have no liability for direct, special, incidental, indirect, consequential, or exemplary damages, regardless of whether such damages arise in contract, tort (including negligence, and strict liability) or otherwise, or for lost profits, business interruption, or loss of programs or data on your computer system, regardless of whether we were advised of the possibility thereof.  We do not guarantee the security, privacy or integrity of information that you may transmit to us or receive from us over the Internet.  If you are dissatisfied with any aspect of PB&T Internet Banking Services, your sole and exclusive remedy is to discontinue access.

The Disclaimers and limitations of liability in this section shall not be deemed to disclaim, limit, or reduce liabilities, responsibilities, or obligations specifically imposed on us by applicable law, to the extent such liability, responsibility, or obligation cannot be waived or disclaimed. 

23)   Force Majeure Notwithstanding any provision contained in this Agreement to the contrary, neither party shall be liable to the other for any claim, damage, loss or expense resulting in whole or in part from: any act of God, act of war, act of terrorism, riot, fire, explosion, flooding, embargo, sabotage or shortage of or insignificant fluctuations in electric power, governmental law, ordinance, rule, regulation, order or action, or any other cause beyond its reasonable control. 

By clicking “I understand and agree” below, You have accepted this Agreement, You acknowledge receipt of the PB&T Regulation E disclosure governing Electronic Funds Transfers, You agree to be bound by all of the terms of that disclosure and You agree that it shall be a part of this Agreement You are entering into with PB&T.  By use of the Internet Banking Services, you additionally understand and agree to the terms and conditions of this Agreement.

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