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Your consent to this Agreement is evidenced by your request for enrollment in electronic delivery services.
You or Your – Refers to the account owner(s) entitled to use the e-Statements Service (“Service”) and the person who agrees to the terms and conditions of this Agreement for electronic delivery services.
We, Us or Our – Refers to Fremont Bank.
Account – Any checking or qualifying account with us.
Electronic – A paperless document transmission originated or received through a computer.
Personal Online Banking (800) 359-2265 (BANK); email firstname.lastname@example.org
Business Online Banking (866) 222-7215; email email@example.com
Mailing Address: P.O Box 5101, Fremont, CA 94537- 9989
Electronic Delivery of Statements and Notices
By accepting the “Electronic Statement Disclosure and Agreement”, you consent and agree that Fremont Bank may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements (e-Statements) for your Fremont Bank account(s).
Consent for Electronic Delivery of Statements
Your consent to receive e-Statements covers the periodic statements you are provided in connection with your Fremont Bank account(s). By using e-Statements, you accept and agree to be bound by the general terms and conditions governing e-Statements, including without limitation all the terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations and official issuances applicable to e-Statements now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that Fremont Bank may from time to time make available to you in connection with e-Statements.
Scope of Agreement
This Agreement establishes the terms and conditions of the Electronic Statement Disclosure and Agreement by which you consent to receive electronic notice of any notice or other type of communication provided to you by Fremont Bank. Your consent also covers all disclosures that are required or may be provided on or with your account and/or loan statements, including, but not limited, to the Billing Rights Statement required by the Truth in Lending Act and the Error Resolution Notice required by the Electronic Fund Transfer Act. We will provide you links to access all notices, attachments and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly of any change of your e-mail address.
You understand and agree that once you agree to the terms and conditions of this Agreement, you are authorized to enroll, unenroll and re-enroll any account you may hold in the Service. In each case, this Agreement, as it may be amended from time to time, shall govern your rights and obligations.
Accounts Eligible for e-Statements
All checking, money market, savings, certificate of deposit accounts that receives a periodic statement are eligible for the Service.
Enrollment for e-Statements
Enrollment for the Service is by account. You must enroll each of your eligible account(s) for which you want e-Statements. As with periodic statements in paper form, any authorized signer on the account can enroll the account in the Service. You understand that when any authorized signer enrolls an account in the Service, Fremont Bank will discontinue mailing printed account statements to the account address of record. All future statements will be maintained on a website which you access to obtain, review, print, and copy/download.
Electronic Mail Address for Notices Related to E-Statements
We will send an e-mail notice informing you that the periodic statement for your account (and related information) is available for you to access and/or download to an electronic mail ("e-mail") address which you shall designate and may change from time to time. You understand and agree that we shall issue an Electronic Delivery Notice to the e-mail address you have designated for this purpose and will not use any alternative e-mail address, even if we may have one in our files associated with your account.
If we send an e-mail notice to you in regard to the Service and it is returned as undeliverable, unless we determine that you have provided us with a defective e-mail address, we are not required to make additional attempts to send an electronic mail notice to you. A "defective e-mail address" is one which, due to our experience in communicating with customers using electronic mail, we have recognized as an e-mail address which is not valid and for which it would be futile to make additional attempts to send additional electronic mail notices to it.
Rejection of Electronic Delivery Notices
You understand and agree that it is essential for Fremont Bank to send you an Electronic Delivery Notice successfully in order for you to utilize the Service. If we attempt to send an Electronic Delivery Notice to you and it is rejected for any reason, we may, at our option, send a printed notice substantially similar to the Electronic Delivery Notice to you by regular mail. You understand and agree that the account that relates to a rejected Electronic Delivery Notices will be automatically unenrolled from the Service if our Electronic Delivery Notice is rejected for any reason for four (4) consecutive months.
Accessing and Downloading E-Statements
The access to your e-Statement and any related legal notices will be made available to you through Fremont Bank’s online banking service. To access, and retain any disclosures received, you will need a personal computer with access to the Internet and that can send and receive e-mail. For accessing the Internet, a minimum web browser version of Internet Explorer 5.0 or Netscape Navigator 6.0 is required. If you are reading this agreement online, you have the necessary hardware and software to access your e-Statements.
You will also need access to a printer or the ability to download and save the disclosures and information in order to keep copies for your records. Adobe Acrobat Reader (Version 4.0 or higher) is required to access and retain documents being provided to you in Portable Document Format (.PDF). Adobe Acrobat Reader software is available for free directly from Adobe. You may download Adobe Acrobat Reader for free at www.adobe.com.
You understand and agree that we reserve the right to require you to obtain a different type of technology from time to time in order to use the Service. If we change the minimum hardware or software requirements and you are unable to receive electronic delivery services, you will be released from this Agreement.
Electronic Delivery of Copies of Paid Checks
By enrolling an account in the Service, you agree to receive copies of paid checks drawn against any checking account that you enroll in electronic delivery as the equivalent of paper copies of such items. Electronic copies of paid checks will be made available to you in connection with e-Statements for such account.
Duty to Review Periodic Statements
You agree to promptly open or download and review your e-Statement and any accompanying items after receipt of notification of availability. You must promptly notify us in the manner and within the applicable time period as specified in our Deposit Account Agreement, whichever is applicable, of any error, unauthorized transaction, or other irregularity. If you allow someone else to access your statement, you are still fully responsible to review the statement for any errors, unauthorized transactions, or other irregularities. Any applicable time periods within which you must notify us of any errors on your account statement(s) (see Deposit Account Agreement) shall begin on the e-Statement notification date regardless of when you access and/or review your e-Statement. If you do not immediately report to Fremont Bank any non-receipt of e-Statements or any error, irregularity, discrepancies, claims or unauthorized debits or items, you shall be deemed conclusively to have accepted all matters contained in the e-Statements to be true, accurate and correct in all respects.
Unenrollment from e-Statements
You may withdraw your consent for electronic delivery services and unenroll your account from the Service at any time by sending written notice or by calling us at the address and phone number provided above or by sending instructions to us by e-mail. Upon withdrawal, all future documents will be sent in paper form to your address of record. Upon termination of electronic delivery services (by you or by us), new enrollment will be required to reinstate this service. Please note that any credit or reduced account monthly service charges for e-Statements will be discontinued which may increase the account monthly service charge.
Requesting a Paper Copy
To request paper copies of these documents, you may submit your request by email, in writing, or by calling us at the address and phone number provided above. Please note that the request for printed copies will be subject to fees as disclosed in our Deposit Account Agreement. Duplicate statements for personal or business accounts will no longer be provided to third parties with e-Statements. However, third parties can have statement-only access through online banking. Statement -only access is a feature only available through Business Online Banking.
Change of E-mail Address
You agree to notify us immediately of any change in your e-mail address. Errors in e-mail address delivery will not be the responsibility of the bank. It is your responsibility to keep us informed of your current email address(s). You may notify us of the new address by e-mail, in writing or by calling us at the address and phone number provided above.
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your - accounts as soon as you access it. You agree to protect the confidentiality of your account and account number, and your personal identification information, as well as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Data transferred via the e-Statements Service is not encrypted. You acknowledge that 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 that all data transfers utilizing the Internet.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without error, or that the Service will be available at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of the Service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.
Agreement is in Addition to and Amends Other Agreements
The terms and conditions of this Agreement constitutes the agreement by you to use the Service as described herein. We reserve the right to change (amend, add to, or delete) the terms and conditions of this Agreement at any time. Unless otherwise required by law, we may amend this Agreement without prior notice to you. If we choose to notify you of an amendment or are required to do so by law, we may ask you to agree to an amended version of this Agreement electronically, or mail or deliver a separate notice, statement message or electronic message to you at the last address we have on file for you. Your continued use of the Service following any such notice of a change shall constitute your agreement to be bound by all such changes.
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement. If there is a conflict between this Agreement and any others or any statements made by employees or agents, the Deposit Account Agreement shall supersede.
Our Right to Terminate
You agree that we can terminate the Service and revert to printed mailed statements and notices for any reason at any time.
This Agreement shall be governed by the laws of the State of California and by regulations of any governmental agency having jurisdiction over us. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.