LAYEWAY.COM TERMS OF SERVICE AGREEMENT / DISCLOSURE
The following information represents the "Personal Online Agreement and Disclosure Statement" between you and LAYEWAY.COM. Please read this entire document prior to using this service and retain a copy for your records.
This agreement is made between you and LAYEWAY.COM for accessing your LAYEWAY accounts using our web site (www.LAYEWAY.com). As used in this document, the words, "we", "our", and "us" mean LAYEWAY.COM and assigns the words "you" and "your" to mean each account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account(s). Online Services (Services) means the communications and transactions provided to you by us through the LAYEWAY.COM web site, including but not limited to the following: account information, funds transfers, bill payments, stop payments, statement/transaction inquiries and downloads.
By using the Services, you agree to abide by the terms and conditions of this agreement and acknowledge your receipt and understanding of the disclosures contained in this agreement. This agreement is in addition to other agreements between you and us, including the applicable deposit account disclosure agreement(s) and terms and conditions, and our rules and regulations with us. If there is a conflict between the terms and conditions of this agreement and the terms and conditions of any other agreements between you and us, this agreement will control.
When you use our Services, you agree to the terms and conditions we have set forth in this agreement and any instructional material, which we provide you regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to LAYEWAY.COM. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
To access the available Services through LAYEWAY.COM, you must have an active account with an Internet Service Provider (ISP), an Internet browser software program such as Netscape Navigator® or Microsoft Internet Explorer® which provides 128 bit encryption and any necessary hardware and other software (collectively, "Equipment"). Other browsers may also work, however, the accountholder must ensure the browser will provide 128 bit encryption. From time to time, we may recommend that you upgrade your browser to maintain the latest encryption technology.
You are responsible for, at your expense, obtaining, installing, maintaining and operating all Equipment that accesses the Services. You must be an authorized user of the Equipment you use. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your Equipment.
2. Account Access
To access your account(s) through LAYEWAY.COM, you must have at least one eligible deposit or credit account with us. You will have access to all accounts in which you are an owner or a signer on. An account that requires two or more signatures to make withdrawals may not be designated as an eligible account.
3. Access Codes
During your use of the Services, you are required to enter:
• AccessID (An AccessID will be assigned to you upon the opening of your Services. You will receive this ID with your "Welcome Kit".)
• Password (A temporary Password will be assigned to you upon the opening of your Services. You will receive this password separately from your "Welcome Kit". You will be required to change this password upon your initial login to the system. A valid password consists of 6-14 characters. It must contain at least one number, at least one uppercase letter, and at least one lower case letter.)
Use of these Access Codes is the agreed security procedure to access the Services. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other ONLINE PRODUCTS. For further security purposes, we recommend that you memorize your LAYEWAY.COM Password and not write it down. Anyone you give your "AccessID" and "Password" to can view your accounts, make transfers, and conduct bill payments.
4. Available Services
• Account Information You may obtain up to the minute account balance and summaries.
• Funds Transfers
You may transfer funds between your various accounts, You may make "One Time Transfers" or you may set up "Recurring Transfers" on these accounts. You may make transfers occur at the earliest possible time, a future date, or on a recurring basis.
If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer. You understand that we will not act on any transfer from you if sufficient funds are not available in the account that you designated.
• Stop Payments
You may stop payment on transfers. You will be mailed a confirmation notice which you will be required to sign and send, or deliver, to LAYEWAY.COM within 14 days after reporting the stop payment using this method. Your account will also be debited a Stop Payment fee of $25.00 plus applicable State Sales Tax.
Regular e-mail is not a secure method of communication over the Internet and we strongly recommend you do not send confidential information by e-mail.
You agree to provide and update your E-mail address to LAYEWAY.COM for communication purposes. FSB may rely solely on E-mail for notifications, etc. You agree that we may send you or make available to you notices, disclosures and other information electronically, including (but not limited to) notices, disclosures and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. We may send this information to you by posting it on our web site or by e-mail. This information is not confidential and is sent by regular unsecured e-mail. We may also send it to you by regular postal mail in writing, at the address shown in our records. If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you, until you give us notice in writing that the address is no longer valid. You agree that information we post to our web site or send by e-mail or regular postal mail will be deemed delivered at the time it is posted or sent. Information you send to us is deemed delivered when we receive and review it. If we send you a notice, disclosure or other message electronically and you wish to download or print it and are unable to do so, contact us at 228 West Main Street, Cherokee, Iowa 51012.
6. Service Charges or Fees
All fees or charges for transfers to merchants are paid by said merchant. All accounts in deficient will be charged 1% per month until fully collected. This interest will be charged to your LAYEWAY.COM account.
You can access LAYEWAY.COM Online Services seven days a week, 24 hours a day. However, at certain times, some or all of LAYEWAY.COM Online Services may not be available due to system maintenance. We also may need to change our available Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
7. Our Responsibility
We, or a third party acting as our agent, are responsible for completing fund transfers on time according to your properly entered and transmitted instruction. However, neither we nor the Service Provider will be liable:
• If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed.
• If you have not properly followed Software or service instructions on how to make a transfer.
• If you have not given complete, correct and current instructions so that a transfer can be made.
• If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process.
• If we or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed.
• If your Equipment and/or Software were not working properly.
• If a User conducts a transaction that would violate Federal Reserve Regulations or any other law.
• If circumstances beyond our, or our agent's, control prevent making a transfer or payment, despite reasonable precaution that we have taken.
Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, and other natural disasters.
There may be other exceptions to our liability as stated in your Agreement.
You agree we may release, or assist in the release of credit and other account information to a third party as may be necessary to process a transaction or resolve disputes.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems; if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the District Court in and for CHEROKEE County. This agreement shall be interpreted under the laws of the State of Iowa.
11. No Signature Required
When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
12. Amendment of this Agreement
We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Services is your agreement to the amendment(s).
LAYEWAY.COM reserves the right to terminate your use of Online Services and Bill Payment at any time.
Rev. July 2000