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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.
1. Equipment
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.
5. E-mail
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.
8. Privacy
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.
9. Security
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).
10. Venue
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
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