SIGNATURES: By signing below, I authorize Two River Bank to issue a temporary password on my behalf which I will be forced to change to a private password the first time I log on to Two River Bank Online.
TWO RIVER COMMUNITY BANK
Online Banking and Mobile Banking Access Agreement
This is the agreement for your Two River Community Bank Online Banking Services and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit account agreements (which we provided in the brochure entitled Depositor Agreement), as well as line of credit, and loan agreements. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between us, this agreement will control.
The following words used in this agreement have the meanings given below:
"Account(s)" means your eligible Two River Community Bank savings, checking money market, certificate deposit, loan or other product information which can be accessed through Online or Mobile Banking via Mobile Web or Mobile App.
"Agreement" means this Online Banking and Mobile Banking Agreement.
"Mobile Banking" means accessing Online Banking for banking services through https://m.endurafinancial.com by the use of a Device.
"Mobile Banking App" means accessing Online Banking for banking services through a mobile device via a bank offered software application.
"Online Banking" means the banking services accessible from a computer using a secure login and password.
"We," "Us," and "Bank" means Two River Community Bank its successors or assigns.
"Website" means Two River Community Bank’s website: https://www.TwoRiverBank.com
"You" and "Your(s)," means each person with authorized access to your Account(s) through Online Banking.
In this agreement, Two River Community Bank Online Banking Services (Services) means that information, communication and transactions provided to you by us through any non-branch remote channel, including the Two River Community Bank web site, http://www.tworiverbank.com, within our Area of Service, including, but not limited to, the following: account information, funds transfers and bill payments, stop payments, statement/transaction inquiries and downloads, and check order(s) for account(s) established at a branch of the Bank.
When you use our Services or you permit any other person to use our Services, you agree to the terms and conditions we have set out in this agreement and any instructional material that 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 the Bank. 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 Requirements. To use the Two River Community Bank Online service, you need certain software, a computer, an Internet Service Provider (ISP), a broadband or modem (at least 28,800 baud is recommended), and Browser software which supports 128-bit encryption. For best results, we recommend Windows (Vista and XP): Internet Explorer (version 7.0 +), Mozilla Firefox (2.0 +), Opera (version 9.0 +), Safari (version 3.0 +), Chrome (version 4.0 +); Mac: Safari (version 3.0 +), Internet Explorer (version 7.0 +), Mozilla Firefox (All), Opera (version 10.0 +), Chrome (version 4.0 +); Linux/Unit: Mozilla Firefox (all versions), Konqueror (version 3.0 +), Opera (version 5.0 +); Beta browsers are not supported by Two River Community Bank Internet Banking. Two River Community Bank Mobile Professional is functional with any WAP compatible browser as well as HTML compatible mobile handsets. Two River Community Bank Mobile Apps available for iPhone or Android Devices through the Apple App Store and Google Play.
Two River Community Bank cannot be, and is not, responsible for any electronic virus or viruses that may potentially affect your computer. It is imperative that you routinely scan your PC using an active, current and reliable anti-virus program to detect, defend your computer against, and destroy or quarantine viruses. A virus which is not detected or neutralized may corrupt and destroy your programs, files and even your computer itself. Additionally, you may unintentionally transmit a virus to other computers.
In this Access Agreement, the computer and modem you need to use this software are collectively referred to as your "computer". You are solely responsible for the selection, installation, maintenance and operation of your computer. Your computer must be compatible with our operations in order to access your Accounts or to use our other services that may be available now or in the future. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Two River Community Bank Online service.
A. System Access. The Two River Community Bank Online service is generally accessible 24 hours a day, seven days a week, except that the Two River Community Bank Online service may be inaccessible for system maintenance. You agree, as a condition of use, that the Bank is not liable in any respect or to any degree for any failure to provide access to the Two River Community Bank Online service due to a system failure or for any other reason. The Bank reserves the right to restrict and/or deny online banking access privileges at any time for any reason that is deemed by the Bank in its sole discretion to be adequate. The Bank may modify, suspend, or terminate your access to the Two River Community Bank Online service at any time and for any reason without notice or refund of any fees that you have paid.
Additionally, we may refuse to act on your fund transfer instruction if sufficient collected funds are not available in your Account on the date you want us to transfer funds. We are under no obligation to monitor transactions through the Two River Community Bank Online service to determine that they are made on your behalf.
B. Account Access. To have access to the Services you must have at least one eligible deposit or credit account with us. If you have more than one account or other relationship with us, we can "link" the relationships together if you request the accounts be linked. Accounts that are "linked" under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service. An account that requires two or more signatures to make withdrawals may not be designated as an Eligible account. Eligible accounts are the following Two River Community Bank personal or business account types that you may request access to through the Available Services:
- Money Market Account
- Certificate of Deposit (CD)
- Consumer Loan
- Commercial Loan
- Mortgage Loan
- Line of Credit
C. Access Codes. During your use of the Services, you are required to enter:
- User Name,
- Random Code,
- Your Password, and
- The answer to one of your security questions.
This protocol 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 bank products.
3. Security Protocols and Procedures.
Two River Community Bank is committed to the security of its customers and their account information. The Bank has established security protocols and procedures in connection with the Two River Community Bank Online service, currently as follows: Password: The first time that you sign on using the user name and the temporary Password provided by the Bank you will be required to change your Password. You may change your Password whenever you wish. YOU ARE RESPONSIBLE FOR KEEPING YOUR USER NAME, PASSWORD, ACCOUNT NUMBERS AND OTHER ACCOUNT DATA CONFIDENTIAL. For security purposes, the Bank recommends that you memorize your User Name and your Password. Do not write them down. You agree that you will create a unique Password and for security purposes acknowledge that you will not be permitted to utilize your user name as your Password, or the word 'Password'. You agree that you will not, under any circumstances, disclose your Password to anyone, including anyone claiming to represent the Bank. You acknowledge that no one from the Bank will ever ask you for your Password, and that Bank employees do not need your Password for any reason. You agree that the Bank is entitled to act upon instructions the Bank receives with respect to any Two River Community Bank Online service transaction under your user name and Password. You are liable for all transactions made or authorized with or by the use of your password. The Bank has no responsibility for establishing the identity of any person who uses your password. You agree that if you give your password to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your password will have access to your accounts. You agree that the password is a commercially reasonable security procedure and that for security purposes you will keep your password in a secure location and will only provide your password to those persons authorized by you to access the Two River Community Bank Online service. You also agree to establish and maintain all reasonable precautions to ensure the security of your password so that no one else learns your password except for persons you authorize to access the Two River Community Bank Online service. You understand and agree that any person having access to your Two River Community Bank Online service user name and Password will be able to access your Two River Community Bank Online service and perform all transactions, including reviewing Account information and making transfers to other Accounts and to other persons, and that you will be responsible for all such activity (except as your liability may be limited by law). Finally, as a part of the Bank's Security Procedures, you agree that you will not: (i) give out your Account information or password other than as provided in this Access Agreement; (ii) leave your PC unattended while you are using the Two River Community Bank Online service; (iii) leave your Account information within range of others; and (iv) access your Account, or any of your Accounts, using the Two River Community Bank online service, or send privileged or protected Account or Account access information (Account number, Password, user name, etc.), either through any public or general e-mail system, or over any unencrypted wireless local area network. You acknowledge that you have examined these Security Procedures and agree that these Security Procedures provide adequate protection to prevent unauthorized transactions from being made and that these Security Procedures are commercially reasonable. You agree to be bound by and settle for any and all transactions issued in your name. The Bank reserves the right to amend these Security Procedures from time to time with or without notice to you. You agree to keep these Security Procedures confidential and prevent disclosure of these Security Procedures to any third parties. You agree to indemnify, defend all claims, and hold the Bank harmless from any loss, damages, or expenses, including but not limited to attorney's fees, caused by you.
Under NO circumstances will a Two River Community Bank employee request your Password via the Internet or any other type of contact. Do NOT respond to such a request even if the individual claims to represent Two River Community Bank or any of its subsidiaries.
Multi-Function Log In Authentication: The Bank's online access security protocol is comprised of your User Name and Password; a Random Code; a Security Question; and a Security Key/Phrase. The Random Code is an extra security measure used to eliminate fraudsters from randomly selecting user names. It is randomly generated each time you try to log in. Multiple pre-chosen Challenge Questions will be displayed. Challenge Questions will be chosen by you from a list of questions, for which you will be required to provide the correct answer to a minimum of three (3) questions. You may also set up your own challenge questions and answers. The Security Key/Phrase will be set up by you during your initial log into the Two River Community Bank Online Banking site. The Security Key can be used to identify that you are on the Two River Community Bank Online Banking website. As part of the sign-on procedure, with entry by you of your unique User Name and Password, Random Code, one or more randomly selected Challenge Questions and the Security Key/Phrase will be displayed each time you sign-on to Two River Community Bank Online.
4. Two River Community Bank Online Service.
Services Offered. You can use the Two River Community Bank Online service to:
- Obtain Account Balances.
- Request a Stop Payment.
- Initiate a Loan Payment.
- Perform Quicken and MS Money Downloads.
- Perform Online Bill Payments.
- View & Print Check Images.
- View your account statements electronically. Online statements are archived for 12 months.
- Order Checks.
- Make Transfers (Internal and Account to Account (A2A))
- Perform Cash Management Services (TRCB approval required)
Internal Transfers. You may make transfers between eligible Accounts that you have with us. You may initiate transfers of funds between designated eligible Accounts at the Bank. Recurring or scheduled transfers are initiated on the appropriate Business Day. Recurring or scheduled transfers which fall on a Saturday, Sunday or a Federal Holiday are initiated on the next Business Day. You may not make more than six (6) preauthorized withdrawals, automatic or telephonic transfers, PC transfers, checks, drafts, and check card or other similar transactions from your savings or money market account to another account of yours or to a third party during a calendar month. If you exceed these transfer limitations in any calendar period, an excess transaction fee (Refer to Truth-in-Savings, Other Fees & Charges Disclosure) may be charged for each transaction in excess of the above limitations and we may turn off your online transfer account, convert your account to a checking account or your account may be subject to closure. If a hold has been placed on deposits made to an Account from which you wish to transfer funds or there are not sufficient funds in the Account, you may not transfer the portion of the funds held until the hold expires or until sufficient funds exist in the account to make the transfer. The Bank reserves the right to limit the frequency and dollar amount of transactions from your Activated Accounts for any reason, including security reasons.
Cash Management Services Include:
ACH Entries, Wire Transfers, Account to Account Transfers, and Positive Pay.
Certain customers of the Bank can utilize the Two River Community Bank Online service to execute ACH entries, wire transfers, account to account transfers, and positive pay. Those functions are governed by separate agreements between the customer and the Bank. The terms of those agreements remain in full force and effect, and are not modified by the terms of this Agreement.
Review the history of past transactions on your Accounts for up to one (1) year. You should review transactional information at least once every thirty (30) days to assure the accuracy of your bank records.
Send e-mail messages to us. E-mail which is sent to the Bank by any means other than through the Two River Community Bank Online services website is not secure. Please do not send e-mail messages to the Bank concerning any aspect of your relationship with the Bank as a customer other than through the Two River Community Bank Online services website. You can send a secure e-mail to the Bank after you sign on to the Two River Community Bank Online services website using your user name and password by clicking on the "New Message" button in the "Messages" menu within the "Customer Service" tab. The Bank may not immediately retrieve the message that you send. Therefore, you should not rely on service if you need to communicate with the Bank immediately - for example, if you need to stop payment on a check, to report a lost or stolen card, or to report an unauthorized transaction from one of your Accounts. The Bank will not take action until it actually receives your message and has a reasonable opportunity to act upon your request.
Set-up Personal and Financial Alerts. Two River Community Bank Online Alert Service enables you to receive notices from time to time concerning certain transaction information and other information relating to your deposit and loan accounts which are eligible for the service. As part of the enrollment process, you may select the type of Alert (financial or personal) you wish to receive. By your use of the Online Alert Service you acknowledge that you are aware of and agree to abide by the following terms and conditions: The Online Alert Service allows you to request and receive electronic mail ("e-mail" or "secure message") about your accounts that are eligible for the service. E-mail may be sent to either your e-mail address you have provided, or through the Two River Community Bank Online services website. If you change your e-mail address, you are responsible for informing us of the change. We send Alerts to you based upon the instructions you provide us. Changes to your instructions must be received and recorded before they will become effective. You understand and agree that e-mail Alerts are sent to you without being encrypted. Because of this, we will never include your passcode or full account number. However, alerts may include your name and information pertaining to your account. You should be equally vigilant in your Personal Alerts and we recommend that you never include your passcode and full account number because your security may be compromised. Anyone with access to your e-mail will be able to view the contents of these alerts. You authorize delivery of information to your e-mail address that you provide us, even though a person not an owner on your account may access the message (such as someone who can open your e-mail(s). You acknowledge and agree that your receipt of any Alert may be delayed or prevented by factor(s) affecting your communications service provider(s) and other factors outside of our control. Usually, Personal and Financial Alerts are sent after business hours; however, financial alerts may be triggered when you sign on to view your account information. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree that neither Two River Community Bank, nor its directors, officers, employees and agents shall be liable for losses in whole or in part, from (a) non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; (c) your reliance on or use of the information provided in an Alert for any purpose; or (d) for any actions taken or not taken by you or any third party in reliance of an alert. Two River Community Bank provides the Online Alert Service as a convenience to you for information purposes only. The Online Alert Service does not constitute a bank record for the account for which it pertains. Two River Community Bank reserves the right to terminate the Online Alert Service at any time without prior notice to you. Two River Community Bank also reserve the right to begin charging a fee for the service after providing to you notice of the fee. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with Two River Community Bank. We may add new alerts from time to time, or eliminate existing Alerts. If you have opted to receive an Alert that is to be eliminated, we will notify you of the cancellation of an alert or other discontinuance of the service at least 30 days in advance. You agree that we may provide all notifications concerning changes to the service by electronic means, which may include posting any changes on our web site.
New Services. The Bank may, from time to time, introduce new Online services. We will notify you of any new services. By using these services when they become available, you agree to be bound by the rules communicated to you concerning these services.
Special Limitations. Some of the services and activities that you may perform through the Two River Community Bank Online service may be limited to certain types of customers and accounts, as well as to the extent noted below and in the agreements governing your various Accounts with us. Your ability to transfer funds from savings and money market deposit accounts or line of credit accounts using the Two River Community Bank Online service are subject to the limitations described in the applicable Account agreements. You should refer to these agreements for restrictions and service charges.
Service Charges or Fees. Once you are an enrolled user of the Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services. See the "Schedule of Fees and Charges". You authorize us to automatically deduct all applicable charges and fees from your primary Eligible checking account you have with us.
Mobile Banking Description of Service: Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your account information, make payments to payees (not available through Mobile App), transfer funds and conduct other banking transactions. To utilize Mobile Banking services, you must be enrolled in Online Banking.
We reserve the right to limit the types and numbers of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited service over some network carriers. Mobile Banking may also not be supported by all Devices. The Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of network" issues.
Use of Mobile Banking Service: We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
Other Mobile Banking Agreements: You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that the Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.
You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.
Mobile Equipment and Software: The Bank does not guarantee that your Device or mobile phone service provider will be compatible with Mobile Banking. For Mobile Apps, the App must be selected and downloaded by your specific device App Store. For example, iPhone uses must download the App from the Apple App Store, Android users from Google Play and Windows Phone Users for the Windows Store.
Mobile phones and other Devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your phone or could result in information being intercepted by a third party. The Bank will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. The Bank will also not be responsible if any non-public personal information is accessed via Mobile Banking due to any of the above named viruses residing or being contracted by your Device at any time or from any source.
The Bank is not responsible for errors or delays or your inability to access the service caused by your Device. We are not responsible for the cost of upgrading the Device to remain current with the Service. We are not responsible for any damage to the Device or the data within.
Reporting Unauthorized Transactions.
A. You should notify us immediately if you believe your user name and/or password or any of your answers to your Challenge Questions have been lost or stolen or that someone has transferred or may transfer money from your Account through the Two River Community Bank Online Service without your permission or if you suspect any fraudulent activity through the Two River Community Bank Online Service on your Account. The quickest way to notify us is by telephone at 877-706-9009 or you may also notify us by: 1) fax to 732-345-0611, Attn: Customer Service; or 3) write Two River Community Bank at 766 Shrewsbury Avenue, Tinton Falls, NJ 07724, Attn: Customer Service.
B. For Consumer Electronic Transfers Covered By The Electronic Funds Transfers Act. Your Liability for Unauthorized Transfers. You are responsible for all transfers you authorize using the Services. If you permit other persons to use the Services or your Access Codes, you are responsible for any transactions they authorize from your linked deposit accounts. If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us. We may, in the exercise of our sole discretion, extend the time period.
C. Errors and Questions on Account to Account Transfers. In case of errors or questions about your electronic transfers through the Two River Community Bank Online service, call or write us at the telephone number or address shown below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results of our investigation within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Write us at:
Two River Community Bank
766 Shrewsbury Avenue
Tinton Falls, NJ 07724
Attention: Customer Service
Call us at:
732-706-9009 or toll free at 877-706-9009
Monday through Friday, excluding federal holidays
9:00 a.m. to 6:00 p.m. (ET)
Periodic Statement and E-Statements. You will be mailed periodic statements or you may elect to receive an E-Statement for your Eligible account(s) with the regularity provided for in the Deposit agreements. In addition to reflecting your other account activity, your statements will include any transfers you authorize using the Services.
E-Statements. We will need your consent to begin sending your bank statement to you electronically. By agreeing to have your bank statement sent electronically, you also agree to notify Two River Community Bank, immediately in writing of any changes in your email address or any errors or complications relating to the electronic receipt of your bank statement.
If you elect to receive your statement by electronic delivery, Two River Community Bank will no longer send you a paper statement through the U.S. mail. Your ongoing consent to receive subsequent Account Statements electronically is voluntary and may be withdrawn at any time. You may withdraw consent at any time in writing, by telephone or by sending Two River Community Bank an e-mail at email@example.com, or through the New Message function on the Two River Community Bank Online website.
Your consent, which will be given by signing the Consent and Agreement or requesting E-Statement via online, will authorize Two River Community Bank to forward to you electronically your periodic bank statement and any other disclosures that Two River Community Bank might otherwise have sent to you with your paper bank statement, such as Electronic Funds Disclosures or other required disclosures relating to your accounts.
To discontinue this electronic delivery service, you can send notice of discontinuing service to Two River Community Bank, 766 Shrewsbury Avenue, Tinton Falls, NJ 07724, Attn: Customer Service. We will not charge any fee for discontinuing this service. Statements will then be delivered to you through the US mail at no charge.
The same terms apply with respect to electronically delivered bank statements as for those delivered in paper form and the deposit agreements and disclosures that you previously received from Two River Community Bank remain in effect.
It is necessary to have Adobe Acrobat Reader 7.0 or above installed on your PC to view the statement. You can obtain a free copy of Adobe Acrobat Reader by visiting http://www.adobe.com/. Acrobat Reader is available by clicking the "downloads" link. You can retain your e-statement by either printing a hard copy or saving an electronic copy.
The Bank may charge, suspend or eliminate all or any aspect of this delivery service upon notice to you.
Consent for Electronic Delivery of Notices. You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
You agree to consent to electronic signature delivery pursuant to 15 U.S.C. 96 (l) ?? 7001 et seq, which gives legal recognition to electronic signatures, records and contracts. You agree to notify us immediately by non-electronic means if consent is to be withdrawn and you are responsible for any fees associated with the termination of electronic agreement and SERVICE provided.
Business Days and Hours of Operation. Our business days are Monday through Friday except Federal bank holidays. A customer service representative will be available to assist you between the hours of 9:00 am to 6:00 pm EST or DST, as may be the case. Although advance requests, wire transfers, and check orders transactions can be processed only on business days, you can use your Equipment to reach us 24 hours a day, seven days a week, except during any special maintenance periods.
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 instructions. However, neither we nor our agent 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 believes that a transaction may be unauthorized and based thereon the transaction is not completed;
- If your equipment and/or software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer payment;
- If circumstances beyond our control, or the control of our agent, prevent the completion of a transfer or payment, despite reasonable precautions 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 Depositor Agreement.
Liability for Loss or Erroneous Data. The Bank will bear no liability or risk for any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer systems, or that of a third party communications provider on which you or the Bank may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
Changes/Interruptions in Services. We may on a regular basis perform maintenance on our equipment or system that may result in interrupted service. We also may need to change the scope of our Service from time to time. We will attempt to provide prior notice of such interruptions and changes but we cannot guarantee that such notice will be provided.
Harm to Computer Systems/Data. The Bank will bear no liability whatsoever for viruses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. Our liability shall be expressly limited to replacing, or the reasonable cost of replacing the lost information. We will not be responsible or liable for any direct, indirect, incidental or consequential damages which may result from such harmful components.
Performance of Software and Electronic Service. In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Service, or for any loss of any data, even if we have been informed of the possibility of such damages. TWO RIVER COMMUNITY BANK MAKES NO WARRANTY TO YOU REGARDING EQUIPMENT, SOFTWARE OR THE TWO RIVER COMMUNITY BANK ONLINE BANKING, MOBILE BANKING, OR MOBILE BANKING APP SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Privacy. You agree that we may release, or assist in the release of such credit and other account information to a third party as may be necessary to process a transaction or resolve disputes, or otherwise in a manner consistent with the Bank's then current Notice regarding personal financial information and any opt-out election you may have submitted to the Bank.
Ownership of Materials. The content and information on our website is the property of Two River Community Bank. It should not be duplicated, or copied by any means, unless otherwise specified.
Severability. If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
Area of Service. The Service described in this Agreement and any application for consumer credit and deposit services available at our site are solely offered to citizens and residents of the United States of America.
Governing Law and Venue. These terms and conditions of this Agreement shall be governed by and construed in accordance with the applicable federal and state laws in effect within the State of New Jersey. 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 courts of the State of New Jersey.
No Signature Required. When any payment or other on-line service generates items to be charged to your account, you agree that we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
Amendment of this Agreement. We may amend this agreement (including changes in its fees and charges hereunder), by giving notice to you at least thirty (30) days before the effective date of the amendment, unless law or applicable regulation otherwise requires such change or amendment. Your continued use of the Service is your agreement to the amendment(s). Depositor's overdraft protection and line of credit agreements will continue to apply in accordance with our published Schedule of Fees, as amended from time to time.
Waiver. We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of that term or provision in the future.
Assignment. We may assign rights and delegate duties under this Agreement to a company affiliated with us or to any other party.
Termination. Either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) days prior written notice of termination to the other party. However, we reserve the right to terminate Service immediately, if we determine that continuing the Service may put the Bank or its customers at risk.
Entire Agreement. This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to the Service delivered to you in writing, verbally or obtained at our site or the site of an Internet service provider.