Website and Online Account Services Agreement
Please read this Website and Online Account Services Agreement (this “Agreement”) carefully and indicate your acceptance of its terms by clicking the "Agree" button. If you do not agree, do not use or access the Website. Your use of the Services, as hereinafter defined, is conditioned on your acceptance without change of all terms of this Agreement. By clicking the "Agree" button, you acknowledge that you have read and understand the contents of this Agreement and that you agree to be legally bound by its terms.
PART ONE: GENERAL TERMS AND CONDITIONS
Part One of this Agreement states the terms and conditions that apply to your use of the Website and any of the Services offered by us.
As used in this Agreement:
“Account” and “Accounts” refer to your financial services-related account(s) with us that we approve for use through the Services.
“Account Owner” is an individual or entity who has entered into a contractual relationship with us, either individually or jointly with others.
"Account Services" refers to any Services provided to you or accessed by you in connection with your Account(s) with us, including the Website, Mobile Services (if applicable), customer service, and electronic information delivery and transaction initiation services.
“Affiliates,” with respect to us, refers to Farm Credit Financial Partners, Inc.; and their respective affiliates.
“Agreement” refers to this Website and Online Account Services Agreement.
“Authorized User” is a person authorized by the Account Owner to use the Account Services.
“Business Days” are Monday through Friday, excluding those holidays during which we are closed.
“DFI” means depository financial institution.
"Electronic Funds Transfer Services" or “EFT Services” refers to the electronic funds transfer services, including information delivery and transaction initiation services.
“Online ID” refers to the user identification for your Account(s) associated with the Services.
“Password” refers to a secure password for your Account(s) associated with the Services.
"Mobile Services” means the Services provided through Account Services, if any, that include access to certain services or service functions through the utilization of a mobile device and mobile software application.
“Services” refers to the Website, and any other online or internet-based services provided by us, including MyAgCountry, Account Services, Electronic Funds Transfer Services, any other various online communication tools and document storage, and personalized content as may be available through our Website and/or other online or Mobile Services, features and products offered by us from time to time.
“Third Party Service Providers” includes any providers of technology or other products and services that we use in support of the Services.
“We,” “our” and “us” refers to AgCountry Farm Credit Service, FLCA, PCA, or ACA. and any Affiliate, agent, independent contractor or designee that we may, at our sole discretion, involve in the provision of the Services.
“Website” refers to any websites, services, features and products, owned or operated by us and/or located at or accessible through AgCountry.com, including but not limited to, MyAgCountry, Account Services, Mobile Services, and any other online or internet-based services, products or features that may be added from time to time.
“You” and “your” refer to the user of the Services, whether singular or plural, who: (1) is an individual or entity that is the Account Owner or (2) is an individual or entity that is an Authorized User.
Each time you use the Services, your use constitutes your continuing agreement to use the Services according to this Agreement and to be legally bound by all its terms, as these terms are now or as they may change in the future from time to time.
If more than one person is authorized to use or access the Services with respect to a given Account, the individual or entity is bound jointly and severally under this Agreement, and we may act on the instructions of any Authorized User.
- To use the Services only for those Accounts for which you are an Account Owner or an Authorized User;
- To use the Services only in accord with this Agreement and any applicable laws;
- To comply with any user requirements as they may be promulgated from time to time;
- To promptly pay all fees and charges that may apply to your use of the Services either now or in the future; and
- To remain bound by the terms and conditions of all your financial services documents, which you have entered into with us, which documents may not be changed by any transaction made using the Services or without the express written consent of the parties to the financial services, and may only be changed in accordance with the terms of the documents relating to the financial services provided by us.
This Agreement does not modify any of the terms of any financial services provided by us. Your rights and obligations with respect to any such loan or lease will continue to be covered by the agreements entered into between you and us in connection with the financial services provided by us.
Certain special or custom financial products or services may not be available through the Services. If any transaction requiring prompt completion cannot be made or concluded through the Services, you should contact your local branch directly by telephone or in person during business hours or AgCountry Online Services.
The Services are provided as a privilege and convenience to you. We reserve the right to limit, modify, or terminate your entire access to the Website or the Services or any Account(s) at any time and without prior notice. We also reserve the right to limit, modify, or terminate privileges for all Accounts applicable to you if any of such Accounts become delinquent, are declared to be in default, become subject to litigation or other court proceedings, have been subject to fraudulent activity, or are accessed in violation of applicable law or this Agreement. We will make a reasonable attempt to notify you if your access to the Website or the Services is limited, modified, or terminated for any reason, but we are under no obligation to do so.
The Services provided, at our sole discretion, may change from time to time, and Services may be added or removed. Such changes may be implemented by us, at any time and without prior notice, by updating this Agreement as provided herein.
We may impose, at any time and without prior notice, different or additional requirements relating to your eligibility for and use of Mobile Services. The information provided through Mobile Services is for your convenience and does not replace your account statements or other account documents.
Mobile Services may not include access to all of the Services or service functions that are available through Account Services. As a result, you may not be able to access or use all of the Services or service functions when you use Mobile Services. Services available through Mobile Services are subject to change at any time. You must have a wireless, web-enabled cell phone or other device that is compatible with use of Mobile Services.
In addition to this Agreement, you agree to be bound by and comply with such other written requirements that we may furnish to you in connection with the Services, including but not limited to your agreements covering your Account(s) with us (“Account Agreements”), and with all applicable laws, regulations and rules. In the event of a conflict between the terms of this Agreement and your applicable Account Agreements with us, the terms of your Account Agreement will control, except as may be otherwise stated herein and only to the extent necessary to resolve the conflict or inconsistency.
In order to use the Services, you must also agree to our “Consent to Electronic Delivery of Communications,” set forth below.
We will not be obligated to honor, in whole or in part, any instruction that: (i) is not in accordance with any term or condition applicable to the Services; (ii) we have reason to believe may not be authorized by you or involves funds subject to a dispute, restriction or legal process; (iii) would violate any applicable provision of our risk control programs or any applicable rule or regulation of our regulator, the Farm Credit Administration; (iv) is not in accordance with any other requirement of our applicable policies, procedures or practices; or (v) we have reasonable cause not to honor for our or your protection.
Secure Messaging and Document Uploads
You agree that you and we may communicate and provide documents via secure messaging functionality that is provided by the Services and that you may upload documents via the Services. You agree to not communicate any confidential information to us via regular e-mail sent via the internet. The following terms and conditions apply when you access or send a secure message, or upload documents, via the Services:
- You must use your Password, including via Single Sign-On, to access the Website to send and retrieve secure messages and documents.
- To prevent unauthorized access to secure messaging or document uploads, you must sign off from the Website and/or Account Services and close your browser as soon as you finish using it. You agree to be responsible for any losses by you or us for failure to do so.
- You acknowledge that any instructions or documents you provide to us via secure messaging or document upload may be relied upon by us.
- You agree that you will be liable for the transactions that are conducted based on your communications or document uploads and any losses that may arise from those transactions.
- You agree that we may decline to act on any communication or document received if we suspect that the instructions or documents are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an instruction in these circumstances.
- Regular e-mail is not secure and may be lost, intercepted, misused or altered. We are not liable for the loss, interception misuse, or alteration of any confidential information sent by regular e-mail. If you send us a regular e-mail rather than using secure messaging, you agree that we may, at our sole discretion, respond to you by regular e-mail and provide by e-mail any confidential information you have requested, and you agree that we are not liable for the loss, interception, misuse, or alteration of any confidential information provided by e-mail by us.
- You agree that you will not upload any information that violates any laws or third party rights (including but not limited to a third party’s intellectual property or privacy right), or contains offensive material.
- Secure messaging and document uploads are to be used only for standard communications. If you have an urgent issue, please call us. Your decision to use secure messaging and document uploads is voluntary and does not affect your ability to contact us via other means.
- We reserve the right to terminate, limit or modify your secure messaging functionality if it is used for any threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex, sexual orientation or national origin.
These secure messaging and documents upload terms and conditions are in addition to the other terms, conditions, or disclaimers set forth herein.
AgCountry loan and lease documents will remain available in MyAgCountry until the loan or lease is paid in full. For all other documents, MyAgCountry will maintain a secure copy for you to access online for at least three years. In you need a document that is no longer available online, please contact your local branch office to receive a copy. Availability of all documents is based on AgCountry Record Retention Policy, which varied based on the type of document.
Single Sign On
You may be given access to the Website, Account Services or other Services from another website ("Original Environment") through a single sign on functionality ("SSO Functionality"). We are making available to you SSO Functionality to permit you to use the same Online ID, Password and/or login credentials ("Credentials") to access the Original Environment, the Website, and Account Services (together, “Environments”). Your use of the SSO Functionality is conditioned on your acceptance of this Agreement. You are responsible for obtaining all necessary rights to access and use the Environments via the SSO Functionality, and in ensuring compliance with your obligations hereunder and any agreements regarding your use of the Environments.
We make no representations or warranties regarding your right or ability to use or access any Environment via the SSO Functionality and do not represent or warrant that your use of any Environment via the SSO Functionality will be uninterrupted, error-free or will meet your requirements. You understand and agree that access to the Environments may be terminated or suspended by us or our Affiliates, and that neither we nor our Affiliates will be liable for any claims as a result of such termination or suspension. NEITHER WE NOR OUR AFFILIATES MAKE, AND WE AND OUR AFFILIATES EXPRESSLY DISCLAIM, ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO SSO FUNCTIONALITY AND THE ENVIRONMENTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT SSO FUNCTIONALITY OR THE ENVIRONMENTS WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY, OR WITHOUT DELAYS.
You agree to (i) use the SSO Functionality and the Environments in accordance with all applicable laws; (ii) keep your Credentials strictly confidential, (iii) take all actions reasonably necessary to prevent unauthorized access to or use of the Credentials, the SSO Functionality and the Environments; and (iv) promptly report to us any actual or suspected breach of the confidentiality or unauthorized access to the Credentials, the SSO Functionality and the Environments.
There is currently no additional fee or charge for access to the Services. However, fees may apply to the use of certain Services and to your Account(s), as set forth in your Account Agreement or other documentation made available to you by us. We reserve the right to charge fees for any of the Services in the future.
Your Devices, Software and Internet Services
You are responsible for obtaining, installing, maintaining and operating all connections, software (including, but not limited to any personal financial management software, if any), hardware or other equipment necessary for you to securely access and use the Website and the Services (collectively, “Your Devices”). This responsibility includes, without limitation, your utilizing up-to-date web browsers and the best commercially available encryption, antivirus, anti-spyware and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, and cellular services from the cell phone carrier of your choice, and for any and all fees imposed by such internet service or cell phone provider and any associated communications service provider charges.
You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of Your Devices used to access the Website and the Services, and for the transmission and receipt of information using Your Devices.
You acknowledge that you have requested any Services and use of the Website for your convenience, have made your own independent assessment of the adequacy of the internet and Your Devices, and that you are satisfied with that assessment.
Our identification of any particular equipment or devices for compatibility shall not be construed as a recommendation, endorsement or warranty of the performance of such equipment or device. You are solely responsible for the selection of compatible equipment and devices and all performance issues relating to the equipment and device, at your sole cost or expense.
We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for, Your Systems. We make no endorsement of any specific software, hardware or Internet service provider, and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
Service Error Resolution
In case of errors or questions about the Website or the Services, contact your local branch office or AgCountry Online Services at (855) 402-7849 or OnlineServices@AgCountry.com.
If you discover an error in the account information you access from the Website or the Services, including but not limited to transactions summaries, pricing information, and billing statements, you must immediately contact us in writing by United States mail or by secure messaging, or in person at your local branch during business hours or AgCountry Online Services at (855) 402-7849 or OnlineServices@AgCountry.com. If you fail to object within 30 days of the error, you will waive any right to object to the accuracy of the account information.
We, and other third parties where applicable, are the owners of all intellectual property and rights applicable to the Website and the Services. You agree that the Website and the Services contain proprietary trademarks, service marks, trade names, trade dress, data, text, graphics, images, video, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, software, embedded features (e.g. market information, weather information, and payment calculator), metadata information, industry information/studies, information, programs and materials (collectively called "Content") protected by copyright, trademark and other forms of intellectual property ownership protection. Except as specifically authorized in this Agreement, you do not have permission to copy, use or republish, reproduce, upload, transmit, publicly display, post, or encode in any form any Content found on the Website or the Services. You are authorized to view the Content available on the Website and the Services for personal use and informational purposes only. No part of the Content may be copied, reproduced or redistributed in any form without our prior written consent. You also agree that your right to use the Website and the Services is derived solely from, and is expressly limited by, this Agreement.
You agree not to assert any claim of ownership over the Content, including any software or data, based on your use. Unless otherwise stated, we do not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its products and services. Any such postings to this Website, secure messgaing and/or e-mail delivered to us will be considered non-confidential and non-proprietary and will remain our exclusive property. We may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.
Passwords and Security
A Online ID and Password are needed to use some portions of the Website and the Services. Your access to the Services will be denied if you do not enter the correct Online ID or Password.
To prevent unauthorized access to your Account(s) and to prevent unauthorized use of the Services, you agree to: (a) protect and keep confidential your Online ID and Password, and any other information or items needed to access the Services; (b) assume and accept all liability that legally can be imposed on you for each use of your Online ID and Password, whether or not such use was authorized by you; and (c) immediately notify us if you have reason to believe your Online ID or Password, or any other information or items that may allow access to the Services, has been lost, stolen or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account(s) has occurred or will occur through the Services. Except to the extent required by law, we shall not be liable for any unauthorized transaction or access to your Account(s), or for any damages resulting from unauthorized use or access, if such action was initiated using your Password.
Unless otherwise instructed by us, you will access Mobile Services using the same Online ID, Password, and other security procedures or information that you use for Account Services. Information transmitted through Mobile Services is encrypted using SSL. We shall not be liable for any damages or other types of losses caused directly or indirectly by the disclosure of Account information to third parties, delays or other problems with the transmission or delivery of information or instructions, any improper handling of, or errors or inaccuracies in, Mobile Services transmissions or instructions, or any conduct or action that you may take in reliance on such occurrences.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND. WHILE THE SERVICES ARE BELIEVED TO BE RELIABLE AND ACCURATE, WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE OR TIMELY; OR FREE FROM FAULTS OR INTERRUPTIONS IN SERVICE; OR THAT DATA OR CONTENT WILL BE ERROR-FREE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, AND SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT. IN THE EVENT OF A SYSTEM FAILURE OR INTERRUPTION, YOUR DATA MAY BE LOST OR DESTROYED. ANY TRANSACTION(S) THAT YOU TRANSMITTED, WERE IN THE PROCESS OF COMPLETING, OR COMPLETED SHORTLY BEFORE A SYSTEM FAILURE OR INTERRUPTION SHOULD BE VERIFIED BY YOU THROUGH MEANS OTHER THAN THROUGH THE SERVICES TO ENSURE THE ACCURACY AND COMPLETENESS OF SUCH TRANSACTION(S). YOU ASSUME THE RISK OF LOSS OF YOUR DATA DURING ANY SYSTEM FAILURE OR INTERRUPTION AND THE RESPONSIBILITY TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY TRANSACTION(S) SO AFFECTED.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability
BY EITHER ESTABLISHING YOUR ONLINE ACCOUNT, BY CLICKING THE "AGREE" BELOW, OR USING THE WEBSITE AND SERVICES , YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, EXPENSE OR DAMAGES, INCLUDING PROPERTY DAMAGE OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES, REGARDLESS OF CAUSE, NOR SHALL WE BE RESPONSIBLE FOR ACCESS FAILURES OR ERRORS DUE TO CIRCUMSTANCES BEYOND OUR CONTROL.
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ECONOMIC DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, OR ARISING FROM ANY LOSS OF USE OR LOST DATA OR PROFITS DUE TO ANY COMPUTER VIRUS, SYSTEM OR NETWORK FAILURE OR INTERNET FAILURE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES PROVIDED HEREIN, OR THE INABILITY TO USE THE CONTENT PROVIDED THEREIN.
ANY LIABILITY OF OURS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) THE REASONABLE COST OF TAKING CORRECTIVE ACTION REGARDING THE CIRCUMSTANCE GIVING RISE TO THE LIABILITY BEING CLAIMED, OR (B) ALL FEES PAID BY YOU FOR THE SERVICES OVER THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. SUCH LIMITATION SHALL BE THE MAXIMUM EXTENT OF OUR LIABILITY, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST US AND SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY.
WE DISCLAIM AND YOU WAIVE ANY CLAIM FOR WHICH A LEGAL PROCEEDING AGAINST US IS NOT FILED WITHIN TWELVE (12) MONTHS AFTER SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR THEORY OF LIABILITY. IF APPLICABLE LAW DOES NOT ALLOW THIS TWELVE (12) MONTHS TIME LIMIT, THEN CLAIMS MUST BE BROUGHT WITHIN THE SHORTEST APPLICABLE TIME PERIOD ALLOWED UNDER APPLICABLE LAW.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH OF THESE LIMITATIONS SHALL BE ENFORCEABLE INDEPENDENT OF AND SEVERABLE FROM ANY OTHER PROVISION OF THIS AGREEMENT.
For purposes of this “Disclaimer of Liability” section “we,” “us,” and “our" shall include us, our Affiliates, and our and their past, present and future directors, employees, contractors, agents, Third Party Service Providers, and any person or entity involved in the creation, production or delivery of the Website, the Services, and the Content.
You agree to indemnify, defend and hold us harmless from any damage, claim, loss or liability of any kind, including without limitation, reasonable attorneys' fees and court costs, which may result, directly or indirectly, in whole or in part, from the actions taken or services rendered by us under this Agreement pursuant to your actions, instructions or information you provide.
For purposes of this “Indemnification” section, "us" shall mean shall mean us, our Affiliates, and our and their past, present and future directors, employees, contractors, agents, Third Party Service Providers, and any person or entity involved in the creation, production or delivery of the Website, the Services, and the Information.
Except as otherwise provided by law, you shall be liable for any damage, claim, loss or liability of any kind in all cases where:
- We have followed the security procedures applicable to your Account(s);
- We have followed the transaction instructions provided to us; or
- You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts.
Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized.
Viruses and Links
We disclaim all responsibility and liability for any damages caused by viruses contained in the Website or the Services.
We do not endorse Third Party Content or products or services appearing on linked websites or purchased via linked websites. This does not affect any manufacturer's warranties that the providers of the linked websites otherwise offer.
Collection of Identifying Information
You understand and agree that in connection with accessing the Services, we may collect, maintain and store information to assist in verifying your identity and/or location, which may include: your IP address; user name or identification; screen resolution; browser type and version; time and date of inquiry, transfer, payment and/or transaction; time zone; device type; time spent; pages visited; browser type; cookies; flash objects for online authentication so we can recognize you and your device. See our Privacy Notice/Policy (https://www.agcountry.com/Legal) for detailed disclosure information.
Disclosure of Your Account Information
Consistent with our online Privacy Notice/Policy (https://www.agcountry.com/Legal), we will take certain actions to protect your account information and other confidential information provided through the Services.
We may disclose information about your Account(s) or transactions you make to our employees, contractors, agents, Affiliates, Third Party Service Providers, independent auditors, regulators, consultants, or attorneys as needed (a determination within our sole discretion):
- To provide, administer and monitor the Website and the Services;
- As necessary to complete transactions;
- In connection with the investigation of any claim you initiate;
- To comply with government agency or court orders;
- To comply with applicable law;
- To carry out our responsibilities under this Agreement;
- In accordance with your written permission; or
For more information, please see our Privacy Notice/Policy (insert link)] on our Website.
Changes to This Agreement
We reserve the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on the Website. Generally, a change in terms will become effective immediately upon notice being posted on the Website. Your continued use of the Website or the Services after the notice is posted will be your agreement to be bound by this Agreement as amended by the new terms. You are always free to reject any change in the terms of this Agreement by terminating your access to the Website and the Services as provided in this Agreement.
Any modification to this Agreement by you is only binding upon us if our duly authorized representative executes an amendment made in writing.
Termination of This Agreement
We reserve the right to terminate your access under this Agreement or the Services at any time and without prior notice. In the event we decide to terminate this Agreement, we will make a reasonable attempt to notify you, provided that circumstances allow for notification and the time required.
You may terminate this Agreement's applicability to you and your Account(s) at any time, without any fee or penalty, by closing your Account's access to the Website and the Services and terminating your use of the Website and Services. If you would like to close your Account(s) and terminate this Agreement, notify your local branch office or AgCountry Online Services immediately.
Binding Arbitration of Disputes
You and we mutually agree that, to the extent not prohibited by applicable law, any disputes not satisfactorily resolved between the parties arising out of or related to this Agreement, or arising out of or related to Account Services or any Services or service functions, including all actions and transactions made by or through Account Services or any Services, shall be submitted to final and binding arbitration in the venue located nearest your branch office or any other location mutually agreed by the parties. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, unless the parties shall mutually agree to different rules or procedures. Each party shall bear its own costs connected with arbitration, and the parties shall comply promptly with any award or ruling of the arbitrator. No part of this Agreement shall be construed against a party because that part or any part was drafted or revised by or on behalf of such party. The prevailing party in arbitration shall have the right to enter, without contest by the other party, an order reflecting the arbitrator's decision in a court of competent jurisdiction.
This Agreement constitutes a contract between you and us and is governed by and will be interpreted under the federal laws of the United States of America, as applicable, and the laws of the State of North Dakota, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement, including any order reflecting an arbitrator's decision, shall be filed only in the state or federal courts located in Fargo, North Dakota and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the jurisdiction and laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. The parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement and the Uniform Computer Information Transactions Act, as they may be adopted by the State of North Dakota.
No waiver of any obligation or breach of this Agreement shall be effective unless made in writing and signed by an authorized representative of the waiving party. The waiver by either party of any obligation or breach of this Agreement shall not operate or be interpreted as a waiver of any other or subsequent obligation or breach.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
All representations regarding liability and warranties, other sections as specifically stated herein, and all rights and obligations of the parties under this Agreement that, by their nature, do not terminate with the expiration or termination of this Agreement shall survive termination of this Agreement.
No Third Party Beneficiaries
No provision of this Agreement is intended nor shall be interpreted to provide or create any third party beneficiary rights or any other rights of any kind in any other person or entity under this Agreement.
You may not assign this Agreement to any other party. We may assign or delegate certain parts of our rights and responsibilities under this Agreement to our Affiliates, independent contractors or other third parties.
Our failure to perform any obligation as a result of governmental action, laws, orders, regulations, directions or requests, or as a result of events outside of our control, such as, for example, but without limitation, war, acts of public enemies or terrorism, pandemics, epidemi strikes or other labor disturbances, fires, floods, or acts of God (together, “Force Majeure”) is excused for so long as such Force Majeure exists.
If you have any questions regarding this Agreement or the Services, please contact us at:
AgCountry Online Services
1900 44th Street South
Fargo, ND 58108-6020
PART TWO: ACCOUNT SERVICES
Part Two of this Agreement states the additional terms and conditions that apply to your use, if any, of the Account Services offered by us.
Unless we inform you otherwise, transactions will be posted to your account as follows: A transaction initiated before 3:30 p.m. central standard time on a Business Day will be effective that same day. Transactions initiated after 3:30 p.m. central standard time will be effective the next Business Day. Transactions initiated on a day other than Business Day will be effective the next Business Day.
Notwithstanding the foregoing, you acknowledge and agree that Services or service functions (for example, payment or transfer instructions, or other exchanges of information between you and the Website) may be delayed or disrupted, or otherwise unavailable due to circumstances outside of our control (for example, due to problems associated with your Internet or wireless service providers, or other connectivity issues), and/or may take longer to process through Mobile Services as compared to the performance of the same or similar functions on the Website.
We may, at our option, not process your transaction if:
- Your Account does not have sufficient funds to cover the transaction;
- Your Account is in default or the requested transaction will result in such a default;
- Your transaction violates a term or condition of this Agreement or the documents governing the financial services provided by us;
- A legal order prohibits us from making the transaction;
- We terminated your Account Services access;
- You or we terminated this Agreement;
- You (or anyone you allow to use the Account) commits or attempts to commit fraud or violate any law or regulation;
- The electronic terminal, telecommunication device, internet access service or any electronic fund transfer system required for the transaction is not working properly;
- You do not provide complete and correct information required for the transaction; or
- You do not follow all applicable Account Services instructions.
Please refer to your Account Agreements for full details as to the limitations on the amount and frequency of Account Services transactions. For security reasons, we may impose additional limits on the dollar amount of Account Services transactions in your Account(s) from time to time, in our sole discretion, without prior notice to you.
Transactions Subject to Credit Approval
Account Services may provide the opportunity to apply for credit or to request other Services that are subject to credit approval. This feature is intended as a convenience for you. You agree that your use or application for any Service or transaction requiring credit approval by is subject to applicable credit approvals, even though you may apply for it through Account Services. Submission of credit requests through Account Services is not intended to suggest that we are committed in advance to approve any credit request, or that credit applications submitted through Account Services are more likely to receive favorable action. We will notify you of any credit decision through our standard credit approval process and not through Online Banking.
PART THREE: ELECTRONIC FUNDS TRANSFER SERVICES
Part Three of this Agreement states the additional terms and conditions that apply to your use, if any, of the Electronic Funds Transfer Services offered by us, in addition to any Electronic Funds Transfer Services Agreement you have with us.
If you wish to transfer funds from your DFI checking account to your Loan Account, your DFI must be able to accept debits through electronic funds transfer.
Any advance from your Loan Account must be made in accordance with a previously established line of credit and is subject to all terms of that loan, as described in the loan legal documents, letters of understanding or elsewhere. If a loan advance exceeds your lending arrangement or authorized credit limit, and we inadvertently make the transfer, you are still obligated to repay all amounts advanced according to the interest rate and other terms applicable to the Loan Account.
Our role in the EFT Services is limited to that of sending a payment order to our receiving bank. We are not a bank, and we do not directly transfer or receive funds electronically to or from your DFI. This role may limit our ability to respond to stop payments and changes in instructions.
Types of Transfers and Limitations
You may make the following types of electronic funds transfers via the EFT Services: (1) make a payment to your loan(s) from another account; (2) disburse proceeds of your loan to a destination of your choice; (3) transfer amounts between your accounts at AgCountry; and (4) modify or terminate any of the above transactions.
At this time there are no limitations on the frequency of transactions and no transaction dollar amount limitation, except that a transaction, or series of transactions, cannot exceed the amount of available commitment on your loan(s) as determined in accordance with the records of AgCountry.
Each time you use the Electronic Funds Transfer Service, you agree that:
- All terms of this Agreement shall apply to every transaction.
- Electronic funds transfers shall be requested only by persons authorized to do so for the accounts to or from which the transfer is made.
- You will follow applicable security procedures. We shall have full authority to act without question on any transfer request for any Account(s) if the security procedures for that Account have been satisfied.
- Our disbursement is complete, and you are irrevocably obligated to repay a disbursed amount according to the documents governing the financial services provided by us, when we issue a payment order for the electronic funds transfer specified in your instructions.
- Once your DFI accepts outgoing transferred funds, your only recourse is with your DFI.
- You agree to promptly pay any fees or costs incurred in connection with any electronic funds transfer transaction that you request. Presently, we provide the EFT Services for no fee, but we may charge a fee in the future. However, your DFI or intermediaries may charge fees. If fees are charged, you authorize us to pay them by debiting such amounts from your Account, unless you make other arrangements to pay them.
- We may refuse to process your electronic funds transfer request, without incurring any legal liability, if we have reasonable cause to believe that: it violates any applicable financial services terms; is in excess of loan funds available; appears to be unauthorized by you or fails to comply with applicable security procedures; involves funds subject to a hold, dispute or legal process preventing dispersal; violates the risk control program of the Federal Reserve Bank; or violates the terms of this Agreement.
- We are not liable for loss or damage if a company or person does not accept your electronic funds transfer request for any reason, including error or omission on our part.
- We are excused from delay in acting, or not acting, on your transfer instructions when our delay or inaction is due to legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, disruptions in the internet or in the Account Services or due to any other circumstances beyond our control.
- No instructions limiting our acceptance of your electronic funds transfer requests shall be binding upon us unless we have previously agreed to them in writing.
- We have complete discretion to select the means for transmission of your electronic funds transfer request and we will make reasonable commercial efforts to affect your transaction request; but we do not guarantee results.
- We are not responsible for an incoming electronic funds transfer until your request is completed and payment from your DFI is properly posted to your Account with us.
Initiation and Completion of Transactions
Depending on when your transaction request is submitted to us, your transaction will be initiated either the same day or the next Business Day. Initiating a transaction means that we request the transfer of funds through the Automated Clearing House ("ACH") system, or other electronic funds transfer system, according to your instructions. Generally, you may expect that your transaction will be settled within one to two Business Days after initiation. A transaction is completed when the funds are actually deposited in the destination account you request. When transferring funds to your DFI, please consult your DFI's funds availability policy to determine when the funds are available for your use.
You authorize us to make adjustments to correct errors in transfers, and you will not hold us liable for fees that result from these adjustments, unless our actions caused the error. If you request that we stop or redirect an electronic funds transfer or amend, alter or change a disbursement instruction, we will apply best efforts to do so, and our attempt to accommodate your request will not create any such responsibility or duty. If we receive an electronic funds transfer instruction that exceeds the balance on your specified Loan Account, we will notify you by telephone or secure messaging if we are unable to execute your transfer request. We have no obligation to re-send a fund transfer if we have complied with your original request.
It is your responsibility to provide all the correct information needed for transfers to or from your DFI account. Therefore, in addition to your transfer instructions, you must provide us with the following correct information:
- Your name(s)
- Loan Account number
- DFI name and routing number
- DFI checking account number
- Beneficiary or intermediary name, if applicable
Please double-check all information for accuracy, especially bank account numbers, since these are the only means used to identify your accounts for the EFT Services. We have no obligation to determine whether any information you provide to us is correct, even if we may have reason to know or suspect that certain information may not be correct, and we may rely without question on all information you provide us. We are not liable for problems resulting from incorrect information, or discrepancies between the account names and account numbers you provide us. You are responsible for the completeness, truth, accuracy, correctness and suitability of all information provided to carry out the EFT Services. As a convenience to you, we may obtain the DFI routing number, but we will have no liability for any inaccurate information we obtain on your behalf.
You agree that we are permitted to electronically record telephone calls and data transmissions between us and any person acting on your behalf, and we may keep those recordings for as long as we consider it necessary to do so. If our records about a funds transfer request are different than yours, our records will govern. Our records include our written records, Account Services transaction records and recordings of telephone calls
All transfers will appear on the periodic Loan Account statements you receive from us. You must review each account statement promptly for any discrepancies in transfers. If you think an error has been made by the Services, you must contact us, within a reasonable time, but not later than 30 days, after you receive the first notice or statement showing the discrepancy. You authorize us to make appropriate adjustments if we discover an error in any Loan Account payment or available Loan Account commitment. Should you fail to notify us of an error within this time, we will not be obligated to pay interest on or reimburse you for funds erroneously transferred if your failure to discover and notify us of the error causes or contributes to a loss.
Cooperation in Loss Recovery
In any claim for damages, whether between the parties to this Agreement or with any third party, the parties both agree to use best commercial efforts to cooperate with each other, to the extent permitted by applicable law, in performing loss recovery efforts, sharing information, or in taking any action that either party may be obligated to defend or elect to pursue against a third party.
The credit we give you for any funds transfer is provisional until we receive final payment of the transfer amount. If we do not receive final payment, you agree to refund to us the full amount of the transfer. You also agree that the party initiating the funds transfer to you shall not be deemed to have paid you the amount of the transfer.
A change in authorized users must be accomplished in the manner required by us. Except for emergency situations, as defined by us, we must receive at least 30 days prior notice of the change. We are not liable for any loss due to transfers made prior to the expiration of this 30 day period. In emergency situations, deletion of an authorized user may be requested by you by telephone, followed by your immediate written confirmation. However, in no event do we guaranty that changes will be made by us in less than 30 days.
Termination of Electronic Funds Transfer Services
We reserve the right to terminate the Electronic Funds Transfer Services at any time and without prior notice. In the event we decide to terminate the Electronic Funds Transfer Services, we will make a reasonable attempt to notify you, provided that circumstances allow for notification and the time required.
You may terminate the Electronic Funds Transfer Services for your Account(s) at any time, and without any fee or penalty, by notifying us in writing. The Account Owner may cancel or stop the Electronic Funds Transfer Services. Except for emergency situations, any change must be made in writing, and we must receive at least 30 days prior notice of the change. We are not liable for any loss due to transfers made prior to the expiration of this 30-day period.
Upon termination of the Electronic Funds Transfer Services, we are immediately entitled to stop honoring transfers to your Account(s), and to inform the parties with whom we transact on your behalf that you have terminated this service and that no further transactions will be accepted on your behalf. Such terminations will not affect your obligation to repay all sums advanced prior to termination under the terms of your loan legal documents.
You acknowledge being provided the information in this Agreement before you authorized us to transfer funds to or from your Loan Account through the Services. You have read, understand and agree to all terms of this Agreement.
ACH and Wire Transfers
For fund transfers that are not subject to the Electronic Funds Transfer Act or Regulation E of the Federal Reserve Board, this Agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the State of North Dakota. We have the right to reject any payment order for any reason and shall not be liable for such rejection. In the event of a rejection of payment order, we will reasonably attempt to notify you on the date the payment order was rejected.
- NON-CONSUMER ELECTRONIC FUNDS TRANSFER SERVICES
This subsection (A) of the Electronic Funds Transfer Services section of this Agreement states the additional terms and conditions that apply to your use, if any, of the Electronic Funds Transfer Services offered by us for non-consumer electronic funds transfer services.
Reliance on Identification Numbers
If a transfer instruction describes the person to receive payment inconsistently by name and account number, we may make payment on the basis of the account number even if the account number identifies a person different from the named person. If a transfer instruction describes a DFI inconsistently by name and identification number, we may rely upon the identification number as the proper identification of the DFI.
Unauthorized Transactions and Duty to Report
You are liable for all losses relating to unauthorized transactions which do not result solely from our negligence or intentional misconduct. You acknowledge the fund transfers you request comply with the laws of the United States, the applicable wire transfer rules and the automated clearing house rules.
You agree to exercise ordinary care to determine whether a fund transfer from your account was either erroneous or not authorized. You further agree to notify us within a reasonable time, not exceeding 60 days after the earlier of the date you receive notice of the funds transfer or the date your account is debited. You will be precluded from asserting that we are not entitled to retain payment unless you object to payment within the 60 day period.
Erroneous Payment Orders
We have no obligation to detect errors in payment orders (for example, an erroneous instruction to pay a beneficiary not intended by you, or an erroneous transmission of a duplicate payment order previously sent by you). Should we detect an error on one or more occasions, it shall not be construed as obligating us to detect errors in any future payment orders.
Funds transfers are made only in U.S. dollars.
- CONSUMER ELECTRONIC FUNDS TRANSFER SERVICES
This subsection (B) of the Electronic Funds Transfer Services section of this Agreement states the additional terms and conditions that apply to your use, if any, of the Electronic Funds Transfer Services offered by us for consumer electronic funds transfer services. These terms and conditions apply to your use of the EFT Services for consumer purposes to the extent more favorable to you.
You shall notify us immediately if you believe your Password has been lost or stolen, or if you discover any unauthorized electronic funds transfer or have reason to believe that such a transfer has, or will, be made. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two Business Days, you can lose no more than $50 if someone accessed your Account without your permission.
If you do NOT tell us within two Business Days after you discover any unauthorized electronic funds transfer, or have reason to believe that such a transfer has, or will, be made, and we can prove we could have stopped someone from accessing your Account without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
Contact in Event of Unauthorized Transfer
If you believe your Password has been lost or stolen, contact your local branch office or AgCountry Online Services at (855) 402-7849
Write us at:
AgCountry Online Services
1900 44th Street South
Fargo, ND 58108-6020
We will disclose information to third parties about your account or the transactions you make ONLY: (1) where it is necessary for completing transfers, or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (3) in order to comply with government agency or court orders, or (4) if you give us your written permission.
If you have arranged to have payments made to your account at least once every 60 days from the same person or company and you don't see the transaction in the Account Services transaction history, contact us to confirm whether or not the payment has been made.
Right to Stop Payment and Procedure for Doing So
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. To stop a payment, you must call or write us in time for us to receive your request at least three Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. At this time, we do not charge you for a stop payment order, but we may do so in the future. If you order us to stop one of these payments three Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
If we do not complete a transaction on time or in the correct amount in accordance with our agreement with you, we will be liable for those losses or damages associated with our actions or inactions. However, there are some exceptions. We will not be liable, for instance: (1) if, through no fault of ours, you do not have enough money available in your Loan Account to complete the transaction, (2) if the transaction would cause you to exceed the credit limit on your Loan Account, (3) if the system was not working properly and you knew about the breakdown when you started the transaction, (4) if circumstances beyond our control prevent the transaction, despite reasonable precautions that we have taken, or (5) any other exceptions to which the parties have agreed.
In Case of Errors or Questions About Your Electronic Transfers
Contact your local branch office or AgCountry Online Services at (855) 402-7849
Write us at:
AgCountry Online Services
1900 44th Street South
Fargo, ND 58108-6020
as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and Account number.
(2) 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.
(3) 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 within three 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.
PART FOUR: CONSENT TO ELECTRONIC DELIVERY OF COMMUNICATIONS
Part Four of this Agreement states the additional terms and conditions that apply to the Electronic Delivery of Communications and your consent thereto.
Electronic Disclosures and Documents
From time to time we may need to provide Communications, as hereinafter defined, to you in connection with the Services or other services, features or products that may be offered by us. For example, there are certain Communications we are required by law and regulation to provide to you in writing. This may include, but is not limited to: (i) revisions and amendments to this Agreement or other information in connection with us or any service, feature or product offered on or through the Website, (ii) your loan documents, including the fully executed loan application, promissory note/loan agreement, security agreement, and mortgage, (iii) fee charts and disclosures required by our regulators, (iv) account statements, disclosures, notices, messages, records, (v) notices for annual and quarterly reports, annual meeting information statements, and notices of significant changes in our permanent capital ratio, and (v) all other documentation and information relating to financial services and other transactions available electronically through the Website (collectively, “Communications”).
Your separate consent may be required to receive other disclosures, such as periodic statements, electronically as well. Where necessary, separate instructions on how to do this will be provided by us.
Your consent to receive Communications electronically will apply to: (1) Communications relating to any existing or future transaction; (2) your use of the Services; and (3) any other Communications relating to any transaction or service that you ask to receive electronically or agree to receive electronically.
We may provide such Communications electronically by: (1) posting or making the Communication available via secure messaging; (2) posting the Communication on our Account Services webpage; (3) sending the Communication to the e-mail address you provide to us; or (4) sending you an e-mail or text message to the cellular telephone number you provide to us for your mobile phone or other wireless device. Your internet service provider or wireless service provider (such as your cellular telephone carrier) may charge you fees or other costs for sending or receiving Communications by e-mail or text message. You agree that you are responsible for all such fees and costs. Any Communications that we send you, or that you send us, may not be encrypted. The Communications may include your name and information pertaining to your account.
We will continue to provide your tax statements on paper unless you otherwise elect to receive them electronically. Additionally, you agree that we may, at our option, satisfy any obligation to provide you with our annual report and quarterly reports by making them available on the Website.
In agreeing that we may provide Communications to you in electronic form or make them available to you in electronic form, you are also agreeing that we are not required to provide you with a paper version of the Communication unless you request a paper copy. After viewing any Communication in electronic form, you may also download it for storage and/or print it for your records. You may also request a paper copy of any Communication by contacting your branch office.
A Communication is considered “given” to you and “received” by you on the date it is posted, made available, or sent to you as provided in this Agreement.
Withdrawal of Consent
Your consent is effective until you withdraw it. You may withdraw your consent by terminating this Agreement and ceasing to take advantage of the Services. If you wish at any time to withdraw consent to receive information electronically, and terminate the Services, please contact your local branch office or AgCountry Online Services. Withdrawal of your consent will have no legal effect on the effectiveness, validity, or enforceability of any Communications that were provided or made available to you in electronic form prior to the effective date of your withdrawal.
Updating Your Information
You agree to regularly keep us updated regarding your contact information so that we may send electronic or e-mail messages to you as needed, as described in and in conjunction with this Agreement.
We are committed to protecting your security and confidentiality. To ensure your privacy while using the Services or other internet-based services, you are only able to access this information with certain software and equipment. The following system requirements will enable you to use those services and receive Communications electronically:
- A computer or mobile device with an internet connection;
- The current version of a web browser the Website supports, with cookies enabled;
- A valid e-mail address on file in your account profile;
- A telephone for security purposes; and
- A printer or storage device with the ability to print or download for storage the Communications for future reference. We strongly encourage you to print and/or otherwise store Communications for your future reference.
We reserve the right to discontinue support of a web browser if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with the Services or any other internet-based service, feature or product. If you have any questions regarding the minimum system requirements as described herein, please contact your local branch office AgCountry Online Services at (855) 402-7849.
If we change the hardware or software requirements in a manner that affects your ability to access the Services, or to view or retain Communications electronically, we will notify you of the revised requirements for access, viewing or retention.
Reservation of Rights
We reserve the right to provide you with any Communication in hard copy format, rather than electronically, or to withdraw your right to receive Communications electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes.
PART FIVE: MOBILE CHECK CAPTURE
Part Five of this Agreement states the additional terms and conditions that apply to the extent we provide Mobile Check Capture services, and your use, if any, of such services.
Mobile check capture allows you to make submission of payments to your eligible Accounts with us using your camera-enabled mobile device (i.e. mobile phone, tablet, or other device), capable of capturing check images and information, and electronically delivering the images and associated information through the mobile check captures software to us or our designated processor. The mobile device must capture an image of the front and back of each check to be submitted, including the magnetic ink character recognition line on each check, and such other information as required by this Agreement or applicable law. Such other information includes, but is not limited to, certain technical information such as your IP Address, mobile device identifier, and may also include your longitude and latitude at the time the image is transferred to us.
Limitations of Mobile Check Capture.
When using mobile check capture, you may experience technical or other difficulties. We cannot and will not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue mobile check capture, in whole or in part, or your use of mobile check capture, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to impose limits on the amount(s) and/or number of submissions of payments that you transmit using mobile check capture and to modify such limits from time to time.
You agree to scan and submit only checks (“Eligible Items”) as that term is defined in Regulation CC promulgated by the Board of Governors of the Federal Reserve System (“Reg CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in North Dakota. You agree that you will not use mobile check capture to scan and submit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you;
- Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder;
- Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
- Checks or items previously converted to a substitute check, as defined in Reg CC;
- Checks or items drawn on a financial institution located outside the United States;
- Checks or items that are remotely created checks, as defined in Reg CC;
- Checks or items not payable in United States currency;
- Checks or items dated more than 6 months prior to the date of submission; or
- Checks or items prohibited by our current procedures relating to mobile check capture or which are otherwise not acceptable under the terms of your Agreement.
The image of an item transmitted to us using mobile check capture must be legible. The image quality of the items must comply with the requirements established from time to time by us, the Board of Governors of the Federal Reserve System, or any other regulatory agency, clearing house or association. We shall not be liable to you for failure to process or improperly processing any item for which you have not provided an accurate and legible image, and we reserve the right to reject any submission.
Endorsements and Procedures.
You agree to restrictively endorse any item transmitted through mobile check capture as “For mobile submission only, AgCountry Farm Credit Services,” or as we may otherwise instruct you. You agree to follow any and all other procedures and instructions for use of mobile check capture as we may establish from time to time.
Receipt, Security and Errors in Transmission.
Use of the mobile remote capture service involves the electronic transmission of information across the networks of your wireless service provider and others that we do not operate or control. You accept the risk, and we bear no responsibility or liability, for the quality, privacy, security or act or actual delivery of wireless data transmissions, or the disclosure of information through such errors. We reserve the right to reject any item transmitted through mobile check capture, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Disposal of Transmitted Items.
Upon your receipt of a confirmation from us that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” to ensure that it is not re-presented for payment. You will need to properly shred and dispose of the item after a period of 30 days and, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes.
If an Eligible Item submitted through mobile check capture is dishonored, rejected or otherwise returned unpaid for any reason including insufficient funds, then you will receive an image, reproduction or substitute of the Eligible Item and we may set off the amount of the returned Eligible Item by debiting the account into which you submitted the returned Eligible Item or by transferring funds from another account held by you with us. Notifications of delayed availability or return of the submission may not be available to you through mobile check capture, and may be mailed or sent through other means deemed acceptable by us. You will be responsible for reimbursing us for all loss, cost, damage or expense related to the processing of the returned Eligible Item. You are prohibited from attempting to submit or otherwise negotiate an Eligible Item through mobile check capture if it has been charged back to you. You are solely responsible for verifying the validity of an item returned as forged or counterfeit, and if you suspect that an item is forged or counterfeit then you must not submit that item using mobile check capture. We are not responsible for detecting forged or counterfeit items that you submit.
User Warranties and Indemnification.
You warrant to us that:
- You will only transmit Eligible Items.
- Check images will meet the image quality standards set forth above.
- You will not transmit duplicate items.
- You will not submit or represent the original item.
- All information you provide to us is accurate and true.
- You will comply with these terms and conditions and all applicable rules, laws and regulations.
- You agree to indemnify and hold us harmless from any loss for breach of these warranties.