Welcome to River Valley Bank

Internet Banking

River Valley Bank
24-Hour Internet Banker Internet Banking & Bill Pay Agreement

Please read this agreement first, then click the link at the bottom of the page to access the application. ARTICLE I INTRODUCTION 1.1 Introduction. This 24-Hour Internet Banker Internet Banking Agreement (the "Agreement") is intended to define the terms upon which River Valley Bank agrees to provide and you agree to use the internet banking services selected by you and provided by River Valley Bank through the internet banking system known as 24-Hour Internet Banker offered by River Valley Bank to its customers. YOU SHOULD READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS TERMS BEFORE USING 24-HOUR INTERNET BANKER SERVICES, AND YOU SHOULD RETAIN A COPY OF THIS AGREEMENT, ANY ENROLLMENT DOCUMENTS FOR YOUR RECORDS, AND ANY OTHER DOCUMENTS WHICH ARE INCORPORATED HEREIN BY REFERENCE. 1.2 Basic Definitions. Throughout this Agreement, the words "we," "us," "our," and "ours," are intended to refer to River Valley Bank, its affiliates, successors and assigns. The words "you," "your," and "yours" are used to refer to the owner of an active 24-Hour Internet Banker Account (as defined below) which may or may not currently use the 24-Hour Internet Banker services, or those whom you may designate as having rights to access or control your 24-Hour Internet Banker services. 1.3 Establishment of Internet Account. To establish your account and begin using 24-Hour Internet Banker services, you may need to complete and sign written forms or other documents, or you may be asked to submit certain personal identifying and/or account information directly through 24-Hour Internet Banker, which will provide us the necessary information to set up and maintain your account ("24-Hour Internet Banker Account"). 1.4 Acceptance of Terms. By signing this agreement, in writing or electronically through 24-Hour Internet Banker, you express your consent to and understanding of the terms of this agreement, and you agree to be bound by the terms of this agreement, including, but not limited to, those other agreements and terms which are incorporated herein by reference. Also, by signing any of the written forms or other documents pertaining to the set up or maintenance of your 24-Hour Internet Banker Account (the "Enrollment Documents"), you express your consent to and understanding of the terms of such Enrollment Documents, and you furthermore agree to be bound by the terms of any such Enrollment Documents. 1.5 Intellectual Property Rights. Nothing in this Agreement, the Enrollment Documents, or in any other agreement between you and us shall be construed so as to limit our rights in our trademarks, copyrights, patents or any other intellectual property rights which we own or possess and which relate to any material which is displayed, exhibited, or provided via any electronic message, display or communication of any kind between you and us, whether or not such material relates to or is a part of the 24-Hour Internet Banker services including, but not limited to, any material which appears on our web site. 1.6 Necessary Equipment. To access and use 24-Hour Internet Banker services, you will need to have an active account with an internet service provider, any form of internet browser with Internet Banker and which meets the version and other requirements which we may specify from time to time, and any other necessary hardware or software needed to access the internet (collectively the "Equipment"). You are solely responsible for obtaining, installing, maintaining and correctly using the Equipment necessary to utilize any 24-Hour Internet Banker services. ARTICLE II INTERNET ACCOUNT SERVICES 2.1 24-Hour Internet Banker Services. You may access several different features as a part of River Valley Bank's 24-Hour Internet Banker services, depending upon your needs and whether you meet the requirements for these services as described in this Agreement. This Article II is intended to describe the various services which you may be able to use via 24-Hour Internet Banker. We may, now or in the future, offer additional services through the 24-Hour Internet Banker which are not covered by this Agreement, and your eligibility for such additional services may not necessarily be determined by your participation in or eligibility for the services described in this Agreement. 2.2 Account Information. You may obtain information pertaining to certain accounts you hold with River Valley Bank. The information you may be able to access can include: (a) your current account balances; (b) your historical account information; (c) your interest balances for accounts; (d) your transaction history; or (e) other related account information. 2.3 Funds Transfers. You may transfer funds between checking, savings, money market and loan accounts which you hold with River Valley Bank. You should be aware that transfers you request through the 24-Hour Internet Banker will be effectuated only after a reasonable period of time for personnel of River Valley Bank to process such request, and do not occur immediately upon your request. Overdraft protection will be triggered by any payment you make with insufficient funds if you have previously obtained our overdraft protection services, however, we are not responsible for any payment made by you with insufficient funds in any case, and furthermore you agree that you will not order a transfer of funds unless you have sufficient funds in the account to support such requested transfer. Please read Article III of this Agreement carefully regarding our hours of service and policies regarding when your requests may be processed by us. 2.4 Change In Services. We may modify, add, delete, change or discontinue any service or any portion of service or function described in this Agreement at any time and from time to time, in our sole discretion, and will make reasonable efforts to promptly amend this Agreement to reflect any updated or revised services through the 24-Hour Internet Banker. When the Agreement is amended to reflect these changes in services, we will provide you with written notice of such amendment pursuant to section 10.3 of this Agreement. 2.5 Limits on Frequency. You are restricted in the number of certain types of transfers you can make from your savings accounts or money market accounts by Regulation D of the Federal Reserve Board, a federal banking regulator. For each of your savings accounts and money market accounts, you are prohibited from making more than six (6) preauthorized transfers per month. Pre-authorized transfers include transfers made through 24-Hour Internet Banker. However, the following transfers do not count towards this limit: (a) transfers from your savings or money market accounts with us to repay any amounts owed to us for loans or associated expenses; (b) transfers made by mail, messenger, ATM or in person; or (c) withdrawals authorized by you by telephone or online if the funds are mailed to you by check. A fee may be charged to you for each additional pre-authorized transfer per month in excess of six (6). Once a savings account or money market account has violated these Regulation D limits, we may, in our sole discretion, choose to convert the account to a transaction type account, whether or not any fees have been assessed to you as a result of your exceedance of these limits. ARTICLE III ACCESS TO ELIGIBLE ACCOUNTS 3.1 River Valley Bank Web Site. The 24-Hour Internet Banker may be accessed through our web site, which may be found on the World Wide Web at www.rivervalleybank.com. 3.2 Hours of Service. You may access the 24-Hour Internet Banker at any time, twenty-four (24) hours per day and seven (7) days per week under normal operating conditions. If you wish to communicate directly with or visit one of our bank locations, please see the listing of hours of operation for our various branches which is posted on our web site. 3.3 Cutoff Time and Dates. We can process 24-Hour Internet Banker requests for funds transfer usually on the same business day as your instructions if we receive your request by 5:00 p.m. Central Time on that business day (the "Cutoff Time"). If we receive a request after the Cutoff Time, your requested transaction will not be completed until our next business day or some reasonable date thereafter. Federal holidays will not be considered business days and requested transactions will not be processed on all such holidays. If you submit a year end request on the last business day of any year after the Cutoff Time for that day, your request will be processed on the next business day of the following year. Please be aware that the Cutoff Time for the last business day of the year may be different from the normal Cutoff Time for other business days, and you should contact us sufficiently in advance to determine what the appropriate Cutoff Time will be for transactions to be performed on the last business day of the year. 3.4 Cancellation of Transactions. You may, electronically or by phone, cancel transaction requests made previously by you through 24-Hour Internet Banker. However, cancellation requests, no matter how they are submitted, are not automatically processed or posted, and thus are not automatically effective. Your cancellation requests will be processed or posted by the end of the business day upon which you submit such request; provided, however that the Cutoff Time also applies to cancellation requests, and any cancellation request made after the Cutoff Time on any given day will be processed and posted by the end of the following business day. If you wish to cancel any 24-Hour Internet Banker request by phone you may do so at 888-842-0221; provided, however that we reserve the right to require you to put your request in writing and to receive the same within fourteen (14) days of your call. 3.5 Overdrafts. When you use 24-Hour Internet Banker to authorize the transfer of funds, you authorize us to withdraw the necessary funds from the account you have designated. You authorize us and we will make the requested transfer even if it causes an overdraft in your account, or, in our sole discretion, we may refuse to make such transfers if the account you have designated does not have available funds to support such requested transfer. We are not responsible for any overdraft or failure to stop an overdraft from occurring based upon a request made by you through 24-Hour Internet Banker. If you overdraw your account, you agree to promptly pay us the overdrawn amount, together with any applicable fees. 3.6 Possible Interruption of Service. There may be, from time to time, interruptions in your ability to access 24-Hour Internet Banker services due to problems with our web site, the 24-Hour Internet Banker system itself, or other similar problems. You should be aware that these problems may occur and, while we will take steps to remedy any such interruption of service as soon as possible, we cannot guarantee how long it will take until access will be resumed. If our 24-Hour Internet Banker system experiences such difficulty while you are making a request for services, you should presume that the request was not completed and you should find an alternative method to procure those services from us, such as an ATM card or visiting your nearest River Valley Bank location. We are not responsible for any damages, penalties, late charges, fees or costs of any kind incurred by you as a result of any interruption in service, unless such interruption in service is due to our negligent or intentional acts or inaction. 3.7 Events Beyond Our Control. Any events beyond our control, including, but not limited to, fire, flood, acts of God, interference from an outside party (whether such person has authorized access to your accounts or not), or any other event beyond our reasonable control, which create or cause any interruption in service or prevent the timely and proper execution of your request(s) will not be the responsibility of us and shall not create any liability of any kind for us. 3.8 Errors or Questions About Electronic Transfers. Telephone us at 888-842-0221 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 sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number, if any; (b) 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; and (c) 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 ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 ten (10) business days, we may not credit your account. The ten (10) day periods in the preceding paragraph may be extended to twenty (20) business days, if the error involves a transfer to or from the account within thirty (30) days after the first deposit to the account was made. If the error involves an electronic transfer from your account to buy goods or services direct from a merchant, a transfer initiated outside the United States or a transfer that occurred within thirty (30) days after the first deposit to the account was made, the forty-five (45) day time period to investigate your complaint or question will be ninety (90) days instead of forty-five (45) days. We will tell you the results within three (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. ARTICLE IV ELECTRONIC FUND TRANSFERS (REGULATION E) 4.1 Applicability. Article IV of this Agreement pertains to your rights and responsibilities as a user of an internet banking service system such as 24-Hour Internet Banker under what is known as Regulation E of the Federal Reserve Board, a federal banking regulator; provided, however, that this Article IV shall apply only to "Consumers" as that term is defined in Regulation E. This regulation is intended to protect consumers using internet banking service systems such as 24-Hour Internet Banker and speaks to, among other things, your rights and responsibilities in case your Access Information (as defined below) has been lost or stolen and when an "unauthorized transfer" has or may be made. An "unauthorized transfer" is defined as a transfer by a person who does not have actual, implied, or apparent permission, and is a transfer that does not benefit you. An "unauthorized transfer" does not include a transfer or payment made by a joint account holder or another person with an interest in your account. 4.2 Liability for Unauthorized Transfers. You should notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us is the best way to keep your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if any). If you tell us within two (2) business days after you discover that your Access Information has been lost or stolen, you can lose no more than $50.00 if someone uses that Access Information without your permission. If you do NOT tell us within two (2) business days after you learn your Access Information has been lost or stolen, and we can prove that we could have stopped someone from using your Access Information without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods described in this section 4.2. 4.3 Notices. Any notice of lost or stolen Access Information by you to us is effective as of the date we receive it if it is made by any of the following methods: (a) via telephone by calling 888-842-0221 (this method is strongly recommended); or (b) via regular mail by sending your notice to River Valley Bank, 327 N 17th Avenue, Wausau WI 54401 ARTICLE V SECURITY 5.1 Password. When registering for the use of 24-Hour Internet Banker, you will be provided with a password which you will use to access your 24-Hour Internet Banker Account. The 24-Hour Internet Banker system will prompt you to change your password the first time you sign in. Your password must be comprised of alpha/numerical characters. To use 24-Hour Internet Banker each time after your initial registration and to access your accounts, you will be asked for your then current password and you may be asked for additional identifying information such as your social security number or other personal identifying information (collectively "Access Information"). 5.2 Change of Password. You may change your password through the 24-Hour Internet Banker at any time, however, for your protection, we reserve the right to request written verification of this change of password, and we reserve the right to not perform any of your 24-Hour Internet Banker requests until we have independently verified to our satisfaction your desire to change your password. For security reasons, the 24-Hour Internet Banker system will prompt you, and you will be required to change your password every three hundred sixty (360) days. 5.3 Confidentiality of Password. You agree to keep confidential any Access Information, including, but not limited to, your password. Anyone to whom you disclose the necessary Access Information will have full access to the services you can perform through 24-Hour Internet Banker and to your accounts. We will presume that any person who holds such information is a permitted and authorized user, and you will be responsible for any transactions performed by such person. We cannot access your password once you change it the first time you sign in to the 24-Hour Internet Banker, as described in section 5.2. If you lose your password or need a new one, we can reset your password to the original one granted to you by us. You should keep in mind a few tips (these tips are not an exclusive list) which will help you preserve the confidentiality of your Access Information, including, but not limited to, your password: (a) Never write down your password. Once you have your password, memorize it and do not write it down. (b) Do not share your password with anyone, unless you intend that person to have full access to your accounts and the use of any or all of the services which you may use through the 24-Hour Internet Banker. (c) Never give your password over the phone even if the person identifies himself or herself as a River Valley Bank employee or representative. We do not need your password and will not ask for it. (d) Never walk away from your computer while logged in to 24-Hour Internet Banker. (e) Do not choose a password that is easy to guess. (f) Change your password every ninety (90) days. 5.4 Duty to Review and Verify Periodic Statements. For your own protection, you should review each periodic statement you receive from us that summarizes your account activity or 24-Hour Internet Banker transactions, reviewing each transaction carefully and verifying that each transaction listed on such periodic statements has been authorized by you. It is your responsibility to discover misuse or unauthorized activity in your accounts or through 24-Hour Internet Banker. 5.5 Limited Attempts to Log-in. If you or someone trying to access your account via 24-Hour Internet Banker, whether authorized or unauthorized, is unsuccessful in entering the correct Access Information when prompted three (3) consecutive times, such person's attempt to log in will be denied. At such point, your account(s) will become locked and you will be unable to access them through 24-Hour Internet Banker, and your 24-Hour Internet Banker access will remain locked until you contact the bank via telephone at 888-842-0221 or in writing via conventional mail, and until the bank receives satisfactory proof, in our sole judgment, that you or an authorized person is seeking to unlock such account(s). 5.6 Automatic Log-out. If, after successfully logging in and accessing 24-Hour Internet Banker, there are ten (10) consecutive minutes of inactivity, the system will automatically log-out of your account. In order to resume activity in 24-Hour Internet Banker or access your accounts after this automatic log-out, you must log-in again. 5.7 Use of E-Mail Messages. You should not send us any account related inquiries or information, or any Access Information, via e-mail as that mode of communication may not be secure. We use security and encryption tools to protect such information when you are logged in to the 24-Hour Internet Banker but not at any other time. Any transfer of account information, Access Information or other confidential materials to us through e-mail may represent a serious risk to the security of your confidential information and we shall not be responsible for any damage, penalty or harm of any kind whatsoever occurring as a result of, arising out of, or related to your transfer of any account information, Access Information or other confidential materials to us via e-mail of any kind. ARTICLE VI DISCLAIMER OF WARRANTIES 6.1 Use at Sole Risk of Customer. You use the 24-Hour Internet Banker system at your own risk. Your use of 24-Hour Internet Banker means you have read this Agreement and you understand that there is some degree of financial risk in transacting your bank business through the 24-Hour Internet Banker, and any such risk is solely borne by you. 6.2 Disclaimer of Express and Implied Warranties. We, our affiliates, third party service providers or licensors DO NOT represent or warrant that access to or transmissions through the 24-Hour Internet Banker system will be uninterrupted or error free. THE CONTENT OF OUR WEB SITE AND 24-Hour Internet Banker SYSTEM MAY BE INACCURATE, CONTAIN TYPOGRAPHICAL ERRORS, AND IS SUBJECT TO CHANGE AND/OR TERMINATION WITHOUT NOTICE. NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS (INTELLECTUAL OR OTHERWISE), TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS MADE BY US REGARDING THE 24-Hour Internet Banker SERVICES OR ANY INFORMATION PROVIDED REGARDING THE SAME. ARTICLE VII LIMITATION OF LIABILITY 7.1 Scope of Liability. We will not be liable for any of the following: (a) Your inability to access your account or make requests via the 24-Hour Internet Banker system due to delays, shutdowns, or problems with your Equipment (including all hardware and software), the transmission facilities, our web site, our system, our internet service provider, or your internet service provider. (b) Your inability to access your account or make requests via 24-Hour Internet Banker due to any circumstances beyond our control, such as fire, flood, Act of God, interference from an outside party (whether such person has authorized access to your accounts or not), or any other event beyond our reasonable control. (c) Your inability to make a transfer if, through no fault of our own, you do not have enough money in your account to support such transfer. (d) If the money in your account is subject to legal process, adverse claims, a freeze order, or other encumbrances restricting transfer. (e) If you have not followed the instructions on how to properly make a transfer or other request through 24-Hour Internet Banker. (f) If we have placed a hold on your funds in accordance with our reasonable business procedures. (g) If we refuse to process your request because we suspect misuse, abuse, fraud, or unauthorized activity with respect to your accounts by you or any unauthorized party. (h) If we properly terminate or suspend your rights to access 24-Hour Internet Banker under this Agreement. (i) Any other reasons which may be provided elsewhere in this Agreement or in other agreements between you and us. 7.2 No Incidental or Consequential Damages. IN NO EVENT WILL WE, OUR AFFILIATES, THIRD PARTY SERVICE PROVIDERS, OR LICENSORS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR REPRESENTATIVES OF EACH, BE LIABLE TO YOU FOR ANY DAMAGE, LOSS, EXPENSE, PENALTY, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES OR LATE FEES), OR OTHER CHARGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, OR EXPENSE. 7.3 Indemnification by Customer. Except to the extent this Agreement expressly provides otherwise, if you utilize 24-Hour Internet Banker, you agree to indemnify us and our affiliates, third party service providers, and licensors, the respective officers, directors, employees, agents, successors, assigns, and representatives of each from and against any loss, liability, costs, or expenses (including reasonable attorneys' fees) incident to or arising out of any claim, demand, judgment, proceeding or settlement relating to or arising out of the 24-Hour Internet Banker services. 7.4 Customer Equipment Problems. We shall not be responsible for any problems, damage or injury to any of your Equipment (including all hardware and software). We will not bear any liability for any Equipment (including all hardware and software) problems you may experience in any case. 7.5 No Liability Regarding Linked Sites. We may provide links to third-party web sites of interest to you throughout our web site and 24-Hour Internet Banker system. This Agreement does not govern those third-party web sites and we are not responsible for those third-party web sites, nor are we responsible for their content, security measures, accessibility, or any damage, injury, loss, or harm caused by any facet of those web sites or your viewing of the same, or the goods, information and/or services obtained from such third-party web sites. ARTICLE VIII USE OF INFORMATION 8.1 Disclosure of Information to Affiliates and Partners. We provide to you in our Privacy Policy, which is described in greater detail in section 8.2 of this Agreement, a description of the instances in which we may disclose private non-public information which you may provide to us to certain affiliated groups or partners. 8.2 Privacy Policy. You will receive as a customer of ours a Privacy Policy which defines for you our policies and obligations with respect to the privacy of your private non-public information which you provide us. A copy of our Privacy Policy is also available on our web site. You should read this Privacy Policy carefully and, if you have questions about your rights or our policies described in that policy, you may call us at 888-842-0221 to get clarification. 8.3 Security Statement. We have taken reasonable security measures to protect your Access Information and account related information when you use 24-Hour Internet Banker. However, your careful use of your Access Information, including your password, and your continued vigilance in keeping such Access Information confidential, remains your primary security protection concerning your use of 24-Hour Internet Banker. We will notify you if we become aware of a breach of our security measures as soon as possible, but ultimately you bear the responsibility for keeping your Access Information secret and taking the steps to prevent the loss, theft or misuse of your Access Information. 8.4 Retention of Records. We will retain records of your transaction history for those actions or requests which you initiate through the 24-Hour Internet Banker for a period sufficient to comply with applicable regulatory requirements as such requirements may exist from time to time. We recommend that you also retain for your own records all information pertaining to your account transactions with us, including, but not limited to, any activity related to your use of 24-Hour Internet Banker services. ARTICLE IX FEES AND DISCLOSURES 9.1 On-line Services. Unless otherwise stated in this Agreement, when you use 24-Hour Internet Banker you will not be charged a fee by us for general access use. Please see the Fees and Charges Schedule for the full listing of our fees and charges associated with your use of special products or ancillary services through 24-Hour Internet Banker. 9.2 Other Fees or Charges. Any fees or charges which may be levied by us related to any of your accounts from time to time in accordance with the terms of other existing agreements between you and us will still be assessed and you will still be obligated to pay such fees or charges, regardless of whether or not you utilized 24-Hour Internet Banker for any activity on the account which bears such fee or charge. We reserve the right, in our sole discretion, to withhold, waive, reduce or cancel any fees or charges in individual cases and to change these fees and charges from time to time. You will also be responsible for any and all telephone or other communications charges you incur through your use of the 24-Hour Internet Banker services. Also, you will likely pay an internet service provider for internet access which is necessary to access 24-Hour Internet Banker services. 9.3 Account Disclosures. With regard to account disclosures which we are obligated to make to you, you will receive, upon your initial set up of accounts with us or at anytime thereafter upon your request, a brochure entitled "Understanding Your Deposit Account." You should read this brochure carefully, and if you have any questions about the material in such brochure, you may speak to us in person or by telephone at 888-842-0221 for clarification. ARTICLE X GENERAL PROVISIONS 10.1 Termination by You. If you wish to terminate your eligibility for and enrollment in 24-Hour Internet Banker under this Agreement, you must contact us in writing. Any termination by you will become effective within ten (10) business days of our receipt of your request. You may contact us with your written request for termination by either of the following ways: (a) mailing your request to River Valley Bank, 327 N 17th Ave, Wausau WI 54401 or (b) fax your request to us at (715) 848-6214, with the fax cover page referencing your desire to terminate your eligibility for and enrollment in 24-Hour Internet Banker. 10.2 Termination by Us. We reserve the right to immediately terminate your eligibility for and use of the 24-Hour Internet Banker services under this Agreement in whole or in part at any time, solely at our discretion. You will be provided notice of this termination, but we cannot guarantee you will receive such notice prior to the effective date of the termination. This termination will not alter your obligations for payment to us of any outstanding balances owed to us under this Agreement or other agreements between you and us, and your liability under this Agreement shall survive such termination, unless otherwise provided herein. 10.3 Amendment. We reserve the right to amend this Agreement and its terms, including, but not limited to, any fees or charges to be charged hereunder, your responsibility for unauthorized transactions hereunder, or in any other manner we may choose, upon providing you with a written notice describing this amendment and its effective date, which notice may be made, at our option, by posting such amendment on our web site, by sending an e-mail to you at the last e-mail address which you provided to us describing such amendment, or by sending a letter by U.S. mail to you at the last mailing address which you provided to us describing such amendment. If we choose to provide such notice on our web site, you may be asked to click upon a statement indicating your acceptance of such amendment before you are allowed to continue with your use of 24-Hour Internet Banker. Your continued use of 24-Hour Internet Banker after we have provided you with any such notice will constitute your acceptance of all such amendments. We will provide you with advance written notice of amendments when required to do so by law. 10.4 Assignment. You may not assign this Agreement to any other party without our prior written consent, which consent may be withheld solely in our discretion. We may assign this Agreement or delegate any or all of our rights under this Agreement to any third parties without notice to you or need for your consent. 10.5 Notices. Unless otherwise stated in this Agreement or required by applicable law, in the event we are required to provide you with written notice, we may provide you with such notice by one or more of the methods described in section 10.3 of this Agreement. Any such notice received by these methods or other methods otherwise permitted by law shall be considered effective notices discharging any responsibility or obligation of notice, contractual, statutory or otherwise, of ours to you. 10.6 Other Documents Incorporated by Reference. The most recent versions of the following documents, as the same may be amended by us from time to time, all or some of which may from time to time be found on our web site, are expressly incorporated herein by reference: (a) Enrollment Documents; (b) Understanding Your Deposit Account; (c) Regulation E of the Federal Reserve Board; (d) Fees and Charges Schedule; (e) Signature Card (including W-9); (f) Funds Availability Policy; and (g) Rate Sheet (from Regulation DD of the Federal Reserve Board) for savings accounts and money market accounts â€“ as amended; and (h) Privacy Policy; and (i) any other documents which we may incorporate herein by reference from time to time. 10.7 Legal Capacity of Customer. You represent and warrant to us that you are at least 18 years of age, not under guardianship, and are otherwise able to contract for yourself. 10.8 Entire Agreement. This agreement is the entire Agreement between you and us regarding your use of 24-Hour Internet Banker services and shall not be superseded by any marketing materials or similar material pertaining to 24-Hour Internet Banker services, whether oral, written or viewed at ours or any other web site. 10.9 Waiver. Our choice not to exercise or pursue any right or remedy under this Agreement is solely within our discretion and shall not be deemed a waiver of any such right or remedy in the future. 10.10 Severability. If any provision of this Agreement or any portion thereof is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity and enforceability of such provision or portion thereof in that jurisdiction or the validity or enforceability of any other provision in any other jurisdiction. 10.11 Applicable Law. This Agreement shall be governed by the laws of the state of Wisconsin, without reference to conflict of laws principles. 10.12 Statute of Limitations. To the greatest extent permitted by applicable law, the parties to this Agreement (you and us) agree that the statute of limitations for any cause of action arising under or out of this Agreement shall be one (1) year from the date such cause of action shall have accrued, and that all such causes of action must be brought as a formal claim pursuant to the dispute resolution process described in section 10.13 prior to the expiration of the statute of limitation described in this section 10.12. 10.13 Dispute Resolution. To the greatest extent permitted by applicable law, all disputes and controversies between you and us arising out of or in connection with this Agreement shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be conducted promptly after written notice provided via regular mail from either you or us requesting negotiations, mediation, or arbitration. An individual agreeable to both you and us having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in Wausau, Wisconsin in accordance with the applicable rules of the American Arbitration Association. Each party (you and us) will pay its own costs, including all attorneys' fees, in relation to negotiations, mediation, or arbitration, but both parties (you and us) will equally split the costs and fees of obtaining the mediator or arbitrator. 10.14 Headings. The headings in this Agreement are for convenience only and shall not govern nor affect the interpretation of the terms of this Agreement. Bill Pay Services Agreement ARTICLE I INTRODUCTION 1.1 Introduction. This 24-Hour Internet Banker Bill Pay Services Agreement (the "Agreement") is intended to provide the terms upon which River Valley Bank agrees to provide and you agree to use the Services, as defined and described herein, which are available through the internet banking system known as the 24-Hour Internet Banker offered by River Valley Bank to its customers. YOU SHOULD READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS TERMS BEFORE YOU UTILIZE ANY OF THE SERVICES DESCRIBED HEREIN. 1.2 Basic Definitions. Throughout this Agreement, the words "we," "us," "our," and "ours" are intended to refer to River Valley Bank, its affiliates, successors and assigns. The words "you," "your," and "yours" are used to refer to the owner of an active 24-Hour Internet Banker Account (as defined in the Internet Banking Agreement) who is eligible to utilize the Services. 1.3 Relationship to Internet Banking Agreement. This Agreement is intended to supplement the 24-Hour Internet Banker Internet Banking Agreement (the "Internet Banking Agreement"), and the Internet Banking Agreement is expressly incorporated herein by reference. By signing this Agreement, you also agree to abide by the terms of the Internet Banking Agreement, and agree that the Services, as defined and described herein, are within the scope of the 24-Hour Internet Banker internet banking services provided through the Internet Banking Agreement. However, in the event of any conflict between the provisions of this Agreement and the Internet Banking Agreement, the terms of this Agreement shall govern. ARTICLE II DESCRIPTION OF SERVICES 2.1 Bill Pay Services. Pursuant to this Agreement, you may elect to register for use of the bill payment services offered by us which permit you to direct payment from one or more of your accounts which you hold with us to any third party account ("Services"). To register to utilize the Services, you must sign this Agreement and you must complete and submit to us all other hard copy and/or electronic documentation required by us, in our sole discretion, as part of the registration process for use of the Services. You are not deemed eligible to utilize the Services until you have completed the required registration process and have received confirmation of your eligibility from us. 2.2 Bill Pay Requests. Once registered, you may utilize the Services for the payment of bills to third parties. Each request for the performance of the Services shall commence upon the submission by you to us of a proper request for payment from an account maintained by you with us to a third party account along with such other instructions for the performance of such Services as are required by us elsewhere in this Agreement or otherwise (a "Bill Pay Request"). After the proper submission of a Bill Pay Request which has met all applicable requirements and complies with the terms of this Agreement, we will take the actions specifically described in such Bill Pay Request, which may cause a credit or debit to certain of your account(s), or other third party accounts, as indicated by you in your Bill Pay Request. As part of the Services, you may select either one-time payments or automatically recurring payments. If you specify a recurring payment, each such recurring payment is deemed a separate Bill Pay Request and must be provided to us in accordance with the terms of this Agreement. Each Bill Pay Request must be in an amount equal to or greater than $1. 2.3 Method of Payment. You authorize us to make payments pursuant to any Bill Pay Request by electronic transfer, check, or other means which we determine appropriate. You authorize us to follow any payment instructions provided by any third party recipient of any amounts pursuant to a Bill Pay Request ("Payee"). 2.4 Timing of Bill Pay Request. For payments pursuant to any Bill Pay Request, we will deduct payments from your account(s) as specified in the applicable Bill Pay Request on the date you submit such Bill Pay Request to us or within three (3) business days thereafter. This includes one-time payments and recurring payments; provided, however, that in the event of recurring payments we will use the day of the month you specified for the first payment in the series of recurring payments as a reference point for future months and we will deduct from your account(s) such amounts on such reference point date in future months or within three (3) business days thereafter. In no event can we guarantee the timely payment of any Bill Pay Request. BY USING THE SERVICES YOU AGREE TO ASSUME THE RISK OF ANY LATE PAYMENT OF ANY BILL PAY REQUEST TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY INTEREST, PENALTIES, LATE FEES, OR OTHER CHARGES INCURRED AS A RESULT THEREOF. However, we will utilize our best efforts to deliver payments to Payees by the date you specify in each Bill Pay Request as the payment due date. To assist us in this process, you must submit or schedule your Bill Pay Request (whether a one-time payment or a recurring payment) not less than seven (7) business days prior to the applicable payment due date. Also, we cannot guarantee when a payment received by the Payee will be credited or that a Payee will accept any payment tendered. We will not be responsible for any delays in crediting payments made to any Payee or any refusal of Payee to accept or receive any such payment, including, but not limited to, any penalties, late fees, interest or other charges incurred as a result thereof. 2.5 Authorization for Submission of Bill Pay Request. Any Bill Pay Request which is submitted by you, an authorized person or entity acting on your behalf, or a person or entity with the apparent authority to act on behalf of you, may be performed by us, regardless of whether the person(s) or entities submitting such Bill Pay Request have actual authority to submit such Bill Pay Request. We are not obligated to verify whether any person or entity submitting any such Bill Pay Request has actual authority to submit such Bill Pay Request on your behalf. 2.6 Cancellation or Reversal of Bill Pay Request. You may seek to cancel or reverse any Bill Pay Request prior to its acceptance by the Payee and the credit to its account; provided, however, that we cannot guarantee whether or not such cancellation or reversal will be successful. We will use reasonable efforts to assist you in the event you seek (a)Â to cancel a Bill Pay Request prior to its delivery, or (b)Â to initiate a reversal of a payment made pursuant to Bill Pay Request after its delivery and before its acceptance by a Payee. In no event shall we be responsible or liable for any successful or unsuccessful cancellation or reversal of any Bill Pay Request. 2.7 Refusal to Process Bill Pay Request. We may refuse, in our sole discretion, to perform or execute any Bill Pay Request for reasons we deem sufficient, including, but not limited to, any Bill Pay Request which (a)Â is incomplete, (b)Â is not in compliance with our required form, content, time deadlines, or other specifications which we may establish and modify from time to time as set forth in this Agreement or otherwise, (c)Â is believed to be, in our sole judgment, fraudulent or inaccurate, (d)Â would cause any one or more of your accounts held by us to be in a state of insufficient funds or overdraft situation, regardless of whether you previously opted to obtain overdraft protection with us, or (e)Â is, in our sole judgment, determined to be in violation of any applicable laws, regulations, or rules; provided, however, that if we reject a Bill Pay Request from you we will provide you with notice of such rejection within a reasonable period of time after such rejection and the reason for such rejection. In any event, we will not be responsible for any failure of any Bill Pay Request to be made or received when we refuse to make any such payment pursuant to this Section. 2.8 Insufficient Funds. We are not obligated to make any payment pursuant to any Bill Pay Request if the account(s) from which you specify the funds are to be drawn do not contain sufficient funds or credit available to pay the bill as requested on the date we attempt to draw such funds from your account(s). If you do not have sufficient funds to cover any Bill Pay Request, we may elect, in our sole discretion, to (a)Â cover the Bill Pay Request according to any overdraft protection you have with us, (b)Â pay the Bill Pay Request and create an overdraft to your specified account, or (c)Â refuse to make the payment under the Bill Pay Request. In any event, you are solely responsible for ensuring that the account(s) specified in your Bill Pay Request contain sufficient funds to permit payment in accordance with your payment instructions on the date we attempt to draw such funds from your account(s). 2.9 Prohibited Uses. You shall not use the Services (a)Â to send payment to any Payee outside of the United States, (b)Â to pay alimony, child support, taxes or any court-ordered payments, (c)Â to pay any federal, state, or local governmental or quasi-governmental entity, (d)Â in furtherance of any illegal or unlawful purposes, or (e)Â to process payments on behalf of any third party. 2.10 Third Party Processing. You acknowledge and agree that we may arrange for some or all of the Services to be performed or provided by third party processors, including our affiliates, contractors, or agents (each a "Processor"). You agree that each reference to "us," "we," "our," "ours," or some similar designation, in this Agreement shall include any Processor selected by us to perform some or all of the Services. You further agree that any such Processor is a third party beneficiary hereof and as such is entitled to rely on, and to avail itself of, the provisions of this Agreement (including the provisions of the Internet Banking Agreement which are incorporated herein by reference) as if such Processor were us. 2.11 No Monitoring of Payments or Accounts. You agree that we do not have any duty to monitor the payments that are made through the Services or to verify receipt of payment by the Payee of any requested payment. To the fullest extent permitted by law, you assume all risk of loss with respect to the access of any unauthorized user to your accounts through use of the Services. Also, the risk of incurring and the responsibility of paying any late charges or penalties which you incur as a result of your use of the Services shall be borne solely by you and shall not be our responsibility. 2.12 Termination of Bill Pay Services. We may terminate the Services or your eligibility for the use of the Services at any time in our sole discretion upon notice to you via a posting on our web site or in writing to you ("Termination"). Upon any such Termination, you will be solely responsible for making arrangements to pay any future or recurring payments which you had scheduled or planned to schedule through the Services. ARTICLE III PAYMENT 3.1 Fees and Charges. You agree to pay us for the performance of the Services in accordance with the Schedule of Fees and Charges which is prepared by us and which is incorporated herein by reference, as the same may be amended from time to time and at any time by us and in our sole discretion. 3.2 Payment with Respect to Bill Pay Requests. You agree to maintain in your account(s) with us a balance of available funds sufficient to pay the amount of any transaction pursuant to any Bill Pay Request hereunder and all fees and charges related thereto. ARTICLE IV LIABILITY 4.1 Disclaimer of Incidental and Consequential Liability. IN NO EVENT WILL WE, OUR AFFILIATES, THIRD PARTY SERVICE PROVIDERS, AGENTS, OR LICENSORS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR REPRESENTATIVES OF EACH, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, OR EXPENSE. 4.2 Limitation of Liability. We shall only be liable to you if we directly cause by virtue of our gross negligence or willful misconduct a delay in executing, improper execution of, or failure to execute a transaction pursuant to a Bill Pay Request and such actions by us are not otherwise permitted or excused pursuant to and in accordance with the terms of this Agreement ("Failure"). TO THE GREATEST EXTENT PERMITTED BY LAW, for any Failure by us relating to the Services under this Agreement, our sole liability to you, AND YOUR SOLE AND EXCLUSIVE REMEDY THEREFOR, shall be for an amount equal to interest losses attributable to such Failure UP TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00). In any event, we shall only be liable to you for damages attributable to our gross negligence or willful misconduct, subject to the other terms and damage limitations set forth in this Agreement. 4.3 Use of Services at Your Risk. You use the Services at your own risk. Your use of Services means that you have read this Agreement and the Internet Banking Agreement, you understand the terms of this Agreement and the Internet Banking Agreement, and you agree to be legally bound by this Agreement and the Internet Banking Agreement. ARTICLE V REPRESENTATIONS AND WARRANTIES 5.1 Disclaimer of Implied Warranties. We, our affiliates, third party service providers, agents, and licensors DO NOT represent or warrant that access to or transmissions through the system under which the Services are offered will be uninterrupted or error free. THE CONTENT OF OUR WEB SITE AND THE SYSTEM UNDER WHICH THE SERVICES ARE OFFERED MAY BE INACCURATE, CONTAIN TYPOGRAPHICAL ERRORS, AND IS SUBJECT TO CHANGE AND/OR TERMINATION WITHOUT NOTICE. NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS (INTELLECTUAL OR OTHERWISE), TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS MADE BY US REGARDING THE SERVICES OR ANY INFORMATION PROVIDED REGARDING THE SAME. 5.2 Your Representations and Warranties. You hereby represent, warrant and covenant to us that (a) you or the persons authorizing this Agreement on your behalf are authorized representatives of you with the authority to legally bind the same, (b) any information submitted to us by you or on your behalf (whether with actual authority or not) pursuant to a Bill Pay Request authorizes us to initiate a transaction in accordance with the terms of this Agreement, (c) all information pursuant to each Bill Pay Request shall comply with the terms of this Agreement, with any rules or requirements which may be issued by us regarding the same, and with the requirements of all applicable laws, regulations, and orders, and (d) all information pursuant to each Bill Pay Request is accurate, complete and correct. Each time a Bill Pay Request is communicated or delivered by you to us, you are reaffirming the representations and warranties set forth herein. ARTICLE VI INDEMNIFICATION 6.1 Indemnification of Bank. You agree to indemnify and hold harmless us, our affiliates, third party service providers, agents, and licensors, and our respective officers, directors, employees, agents, successors, assigns and representatives from and against any and all actions, claims, demands, losses, liabilities, judgment, settlements or expenses whatsoever, including attorneys' fees and court costs, resulting directly or indirectly from or arising in connection with (a)Â any of the Services or our performance hereunder, (b)Â your violation of any of your representations, warranties, covenants, or agreements under this Agreement, (c)Â our compliance with or carrying out any Bill Pay Request, and (d)Â from the acts or omissions of you (including your agents, employees and representatives); provided, however that you shall not be obligated to indemnify us for such actions, claims, demands, losses, liabilities, judgments, settlements or expenses to the extent directly caused by our gross negligence or willful misconduct.

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River Valley Bank 24-Hour Internet Banker Internet Banking & Bill Pay Agreement

River Valley Bank
24-Hour Internet Banker Internet Banking & Bill Pay Agreement