ONLINE BANKING AGREEMENT AND DISCLOSURE
Champion Bank
These terms and conditions constitute the
agreement ("Agreement") between you and Champion Bank ("Bank") with respect to
the provision of Online Banking Services to you. Your use of the Online Banking
Service ("Service") constitutes your agreement to be bound by the terms of this
Agreement. In this Agreement, the words "you" and "yours" mean each person who
applied for the Service, and the terms "us" and "we" mean the Bank.
Online Banking Service
By applying for the Service, you authorize the
Bank to provide information regarding your accounts with the Bank and to follow
your instructions in the use of the Service.
You may use your account number and Password to
access the Service to obtain information about your accounts, to transfer funds
between your accounts, and to request certain other Bank services.
Password and Security
You agree not to give or make available your
Online Password to any unauthorized individuals. If you believe that your
Password has been lost or stolen or that someone may attempt to use the Service
without consent or has transferred money without your permission, you must
notify the Bank at once by calling 303-840-8484.
In case of errors and questions about your
electronic transfers, you should contact us as soon as you can by:
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Telephoning us at:
303-840-8484
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Writing us at:
Champion Bank, 16790 Centre Court, Parker, CO 80134
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Email:
info@thechampionbank.com
I. Definitions &
Requirements
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The following definitions apply in this Agreement:
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"Online Banking" is the Internet-based service providing access
to your Champion Bank account(s);
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"Online Account" means the bank account from which you will be
conducting transactions using a Service. You must have an existing account with
us to enable our Online Banking service. An account means any of your account(s)
to which we may allow access via the Service under this Agreement.
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"Password" is the customer-generated code selected by you for use
during the initial log in, or the codes you select after the initial log in,
that establishes your connection to the Service;
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"PC" means a personal computer that enables you, with an Internet
browser and Internet service provider, to access your Online Account. You will
need a computer with a modem and Internet browser. You are solely responsible
for the maintenance, installations, and operation of your computer. Champion
Bank shall not be responsible for any errors, deletions, or failures that occur
as a result of any malfunction of your computer or software.
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You should routinely scan your PC 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. Champion Bank shall not
be responsible for any computer virus that affects your computer or software
while using our Service.
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"User " is the identification code assigned to you for your
connection to the Service;
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"We," "us," "our," "
Champion," or "Bank" refer to Champion Bank and any agent, independent
contractor, service provider, licensor, designee, or assignee Champion Bank may
involve in the provision of Online Banking;
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"You" or "your" refers to the owner of the account or a person
with authority with respect to the account.
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In order to provide electronic disclosures, we must maintain a
current customer e-mail address at all times. It is your sole responsibility to
provide us with your correct contact information, including your e-mail address.
You should notify Champion Bank of any changes to your personal contact
information.
II. Access to Service
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Champion Bank will provide instructions on how to use our online banking
services. You will gain access to your online accounts through the use of your
Internet-enabled PC, your Internet service provider, your User ID, and your
Password. You may access your online accounts 24 hours a day, seven days a week.
However, the availability of Services may be suspended for brief periods of time
for purposes of maintenance, updating, software revisions, or emergencies. In
addition, access to the Service may be slower at times due to high Internet
traffic or other factors beyond our control. We are not responsible for any
delays or difficulties you may have in accessing the Services or certain
features.
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For purposes of transactions, our business days are any calendar days other than
Saturday, Sunday, or any holidays recognized by Champion Bank. Account transfers
are processed on all business days that the Federal Reserve is open for
business.
III. Banking
Transactions with Online Banking
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Accounts.
Transaction history for your online accounts begins accumulating on the date
your access to our current Online Banking service is activated.
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Transfers.
In addition to viewing account information, you may use the Service to conduct
the transfer of funds. You may transfer funds between your checking accounts and
savings accounts.
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Additional Services.
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Additional online banking Services may be introduced from time to
time. The Bank will notify you of the existence of these new Services. By using
these Services when they become available, you agree to be bound by the rules
that will be made available to you concerning these Services.
IV. Schedule of Fees
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The Bank offers our Online Banking Services free of charge.
V. Statements
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You will continue to receive your regular account statement either monthly or
quarterly.
VI. Security & Privacy
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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. Our
customer privacy notice is available online at
www.thechampionbank.com.
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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 Customer Service Center will verify your identity and
authorization against information associated with the eligible account(s) that
you request to be accessible via the Service.
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You are responsible for keeping your password and online account information
confidential. You determine your own password, which is encrypted in our
database. No one at Champion Bank or at our Online Banking service provider
has access to this information.
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In order to protect yourself against fraud, you should adhere to the following
guidelines:
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Do not give out your account information, Password, or User ID;
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Do not leave your PC unattended while you are in the Bank's
Online Banking site;
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Do not allow your Internet browser to store your Online Banking
User ID or Password;
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Never leave your account information within range of others; and
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Do not send privileged account information (account number,
Password, etc.) via any public or general e-mail system.
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If you believe your Password has been lost or stolen, please use
the Password Change feature within the User Options section of the Service to
change your Password.
VII. Electronic Mail
(E-mail)
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If you send us an e-mail message, we will be deemed to have received it on the
following business day. You should not rely on e-mail if you need to report an
unauthorized transaction from one of your accounts or if you need to stop a
payment that is scheduled to occur.
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E-mail transmissions outside of the online banking service are not secure. We
advise you not to send us or ask for sensitive information such as account
numbers, password, and account information, etc. via any general or public
e-mail system. If you wish to contact us electronically, please use the "Contact
Us" e-mail form provided at www.thechampionbank.com.
VIII. Linked Accounts
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All accounts with the Bank that you enroll in for a service will be linked by
the tax identification numbers of the persons authorized to access the account.
The linked accounts will appear together without regard to the ownership of the
accounts. For example, if an authorized user of a linked account accesses the
Service, that authorized user will be able to view and access at a single time
the following accounts:
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The accounts of the business for which that person is an
authorized user;
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The accounts of any other business for which that person is an
authorized user; and
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Any consumer accounts for which the person is a co-owner or
authorized signer.
IX. Business Accounts
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If you are a business, any authorized user of your business is authorized on
such terms, conditions, and agreements as we may require to:
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Enter into this Agreement, as amended from time to time;
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Access each account of yours in any manner and for any purpose
available through the Service, whether now available or available at some time
in the future; and
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Use any online banking service in any manner and for any purpose
available through the Service, whether now available or available at some time
in the future.
X. Term and Termination
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Term.
This Agreement will become effective on the effective date and shall remain in
full force and effect until termination in accordance with the following
provisions.
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Termination for Cause.
We may immediately terminate your online banking privileges without notice to
you under the following circumstances:
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You do not comply with the agreement governing your deposit or
loan accounts or your accounts are not maintained in good standing.
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At any time, we may cancel all or part of the Service that we generally offer.
Access to our Service may be canceled in whole or part without prior notice due
to insufficient funds in one of your accounts or other circumstances that may
create an unanticipated liability to us. If your account(s) is closed or
restricted for any reason, Online Banking access may be terminated. You will
remain responsible for all transactions approved by the system prior to the
cancellation, and for any other fees associated with the Service. After
cancellation, Service may be reinstated once sufficient funds are available in
your accounts to cover any fees and other pending transfers or debits. In order
to reinstate Service, you must contact us at 303-840-8484. We will promptly
notify you if we terminate this Agreement or your use of the Service for any
other reason.
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Termination for Convenience. To terminate this Agreement, you must notify the Bank
and provide your name, address, the Service(s) you are discontinuing, and the
termination date of the Service(s).
XI. Electronic Fund
Transfer Provisions For Consumers
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Applicability.
These provisions are only applicable to online electronic fund transfers that
credit or debit a consumer's checking, savings or other asset account and are
subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable,
the Bank may rely on any exceptions to these provisions that are contained in
Regulation E. All terms that are not defined in this Agreement but which are
defined in Regulation E shall have the same meaning when used in this section.
XII. Liability
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Our Liability.
This section explains our liability to you only to the extent that any other
agreements, notices or disclosures have not separately disclosed our liability.
In no event shall we be liable to you for failure to provide access to your
Online Banking accounts. Unless otherwise required by applicable law, we are
only responsible for performing the Online Banking as delineated in this
Agreement. We will be liable for the amount of any material losses or damages
incurred by you and resulting directly from our gross negligence.
With your acceptance
and use of the Service, you agree that we shall not be liable to you or any
third party for any indirect, incidental, or consequential costs, expenses, or
damages (including lost savings or profit, lost data, business interruption, or
attorney's fees) resulting from or arising out of this Agreement or 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.
We will not be liable to you in the following instances:
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If, through no fault of the Bank, you do not have enough
money in your account to make the transfer.
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If circumstances beyond our control (such as fire, flood,
power outage, equipment or technical failure or breakdown) prevent the transfer
despite reasonable precautions that we have taken.
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If there is a hold on your account, or if access to your
account is blocked, in accordance with banking policy.
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If your funds are subject to a legal proceeding, or other
encumbrances, restricting the transfer.
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If your transfer authorization terminates by operation of
law.
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If you believe someone has accessed your accounts without
your permission and you fail to notify us immediately.
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If you have not properly followed the instructions on how to
make a transfer included in this Agreement.
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If we have received incomplete or inaccurate information from
you or a third party involving the account or transfer.
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If we have a reasonable basis for believing that unauthorized
use of your Password or account has occurred or may be occurring or if you
default under this Agreement, the deposit account agreement, a credit agreement
or any other agreement with us, or if we or you terminate this Agreement.
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If the account has been closed.
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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 or bill payment.
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If you had knowledge of or questions about the possible
malfunction of our system when you initiated the transaction.
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It can be shown that the merchant or payee received the
payment within the normal delivery timeframe and failed to process the payment
through no fault of this financial institution and/or our service providers.
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Other applicable laws and/or regulations exempt us from
liability.
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Indemnification.
You agree to indemnify, defend and hold us, our affiliate companies, directors,
officers, employees and agents harmless against any third party claim, demand,
suit, action or other proceeding and any expenses related to an Online Banking
account.
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Third Parties.
We are not liable for any loss or liability resulting from any failure of your
equipment or software, or that of an Internet browser provider such as Netscape
(Netscape Navigator browser) or Microsoft (Internet Explorer browser), by an
Internet access provider, or by an online service provider, nor will we be
liable for any direct, indirect, special or consequential damages resulting from
your access to or failure to access an Online Banking account.
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Virus Protection.
The Bank is not responsible for any electronic virus or viruses that you may
encounter. We suggest that you routinely scan your PC using a virus protection
product. An undetected virus may corrupt and destroy your programs, files, and
your hardware.
XIII. General Terms and
Conditions
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Bank Agreements.
In addition to this Agreement, you and the Bank agree to be bound by and comply
with the requirements of the agreements applicable to each of your online
accounts. Your use of the Online Banking service is your acknowledgment that you
have received these agreements and intend to be bound by them. You should review
other disclosures including the charges that may be imposed for electronic funds
transfers or the right to make transfers listed in the fee schedules
accompanying those disclosures.
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Changes and Modifications. We may modify the terms and conditions applicable to the
Services from time to time. We may send any notice to you via e-mail and you
will have to be deemed to have received it the day after it is sent. The revised
terms and conditions shall be effective at the earliest date allowed by
applicable law. If the changes have an adverse affect on you or the services
offered, we will provide you at least 30 days prior notice. Amendments or
changes in terms and/or conditions may be made without prior notice if they do
NOT result in higher fees, more restrictive Service use, disclosure of
additional account information to third parties, or increased liability to you.
Also, if a change in terms or conditions is necessary to maintain or restore the
security of our system or your account(s), no advance notice is required. Upon
notification of any change in terms, if you do not agree with the change(s), you
must notify us in writing or via email to cancel your access to the Service.
Your continued use of the affected change in Service constitutes your agreement
to the amendment(s). We reserve the right to terminate this Agreement and your
use of the Service in whole or in part at any time without prior notice.
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Assignment.
We may assign this Agreement to an affiliate of the Bank or any successor in
interest in the event of a merger, reorganization, change of control,
acquisition or sale of all or substantially all assets of the business to which
this Agreement is related without the other party's prior written consent. You
may not assign this Agreement to any other party.
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Notices.
Unless otherwise required by applicable law, any notice or written communication
given pursuant to this Agreement may be sent to you electronically.
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Disclosure of Information. We will only disclose information to third parties about
your account or transfers you make under the following circumstances:
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Where it is necessary for the provision of Online Banking and for
completing transfers;
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In order to verify the existence and condition of your account
for a third party, such as a credit bureau or merchant;
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In order to comply with government or court orders, or other
reporting requirements;
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To Bank-affiliated companies;
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It is necessary to assist us in the collection of information for
internal use;
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It is necessary for the security purposes of our service
providers, our servicing agents, and/or contractors providing our Online Banking
and electronic funds transfer Service;
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It involves a claim by or against us concerning a deposit to or
withdrawal from your account.
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Governing Law.
This Agreement is governed by the laws of the State of Colorado and applicable
federal law.
ELECTRONIC DISCLOSURE CONSENT
You agree that we may provide in an electronic
format all disclosures, notices, communications, terms and conditions and
amendments thereof related to Online Banking services. Disclosures that we may
provide in an electronic format include, but are not limited to, the following:
monthly account statements, deposit account disclosures, changes in account
terms, notice of fee changes, and privacy notices.
I. How to Obtain
Disclosures
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We will always post the most current Online Banking Agreement on our Web site or
within our Online Banking Service. If any amendment to these agreements results
in an adverse affect upon our customers, we will provide at least 30 days prior
notice.
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We may also send customers an e-mail and/or secure message through our Online
Banking service that tells you where disclosures and/or account statements can
be viewed on our Web site. In the future, we may also send certain disclosures
as an e-mail or message attachment.
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If you need help printing or if you need a paper copy, please contact us by
calling (303) 840-8484. Additional charges for paper copies may apply.
II. System and
Equipment Requirements
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Prior to accepting electronic delivery of disclosures, you should verify that
you have the required hardware and software necessary to access and retain
documents and disclosures in an electronic format. You will need:
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Internet access.
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A printer connected to your computer to print or download
disclosures.
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Sufficient hard-drive space or other media (e.g., floppy disk or
CD) if you plan to save disclosures in an electronic format.
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An external e-mail address.
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We may revise hardware and software requirements, and if there is a material
chance that the changes may impact your ability to access the disclosures we
will notify you of these changes thirty (30) days in advance and provide you an
opportunity to change your method of receiving disclosures (e.g., change to
paper format vs. an electronic format) without the imposition of any fees.
III. Address Changes
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You should notify Champion Bank of any changes to your
personal contact information, and address.