Business Online Banking Access Terms and Agreement

Terms and Conditions

Business Online Banking Access Agreement

This Online Banking Access Agreement for accessing your accounts via Legends Bank Internet Banking explains the terms and conditions governing the following online services: banking, bill payment, and other banking services offered through Legends Bank Online Banking. Only accounts maintained with Legends Bank may be accessed by Legends Bank Online Banking. Please read this information and indicate your acceptance by clicking “I Accept” at the bottom of the login page to agree to the terms and conditions of the Legends Bank Online Banking Access Agreement. This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement, Disclosures and Fee Schedule which may be modified or updated from time to time. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this Agreement shall supersede. Your initial use of Online Banking services indicates your agreement to be bound by this Agreement and acknowledges your receipt and understanding of this document.

This Agreement governs the use of Legends Bank Online Banking service and is made and entered into by and between Legends Bank (“Bank”), also referred to as “we” and each person who signs the Bank’s signature card for the account being accessed or is referenced on the Bank’s records as an owner of the account, or each party whose signature appears on a credit line application (“Customer”), also referred to as “you”. Each customer on the account is jointly liable for all transactions initiated through Online Banking, including overdrafts or negative balances, even if the customer did not participate in the transaction, which resulted in the overdraft or negative balance.

To subscribe to Online Banking, you must maintain at least one deposit account with the Bank. Online Banking will allow you to access more than one account, to view account balance(s) and transaction information, transfer funds among designated accounts, send electronic mail to the Bank and receive electronic mail from the Bank. The Bank reserves the right to deny the Customer the ability to access Online Banking, to limit access or transactions or to revoke a Customer’s access to Online Banking without advance notice to the Customer.

BANKING BUSINESS DAYS

Banking business days are Monday through Friday, excluding Saturday, Sunday and Federal holidays. You may access account information through Online Banking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond the Bank’s control.
Account information displayed through Online Banking is current information. Funds transfers between account(s) initiated on your computer using Online Banking and received by the Bank by 5:00 P.M. CST Monday through Friday will be effective on the current business day. Funds transfers processed on your computer using Online Banking and received after 5:00 P.M. CST Monday through Friday or all day Saturday, Sunday and Federal holidays will be effective the following business day.

LOGIN SECURITY/PROCESS

Security is very important to Legends Bank. You will receive an email with the “Access ID” and a separate email with a “Temporary Password” that you will use to gain access to your accounts. You will then be prompted to establish a new password. Your session time is limited to sixty (60) minutes, but to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for twenty (20) minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. When you return to your computer, you will be prompted to re-enter your password and your session will continue where you left off. Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You will be prompted to change your password every ninety (90) days.

The Bank is entitled to act on instructions received through Online Banking under your password and without inquiring into the identity of the person using that password. You should not, under any circumstances, disclose your password by telephone or to anyone claiming to represent the Bank; Legends Bank employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. The Bank has no responsibility in establishing the identity of any person using your password. If, despite the Bank’s advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s) even if you attempt to limit that person’s authority. You must contact the Bank immediately in the event that your password has been lost, stolen or otherwise compromised so that it can be disabled. You hereby release the Bank from any liability and agree not to make any claim or bring any action against the Bank for honoring or allowing any actions or transactions where you have authorized the person performing the actions or transactions to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account, such person is one of the account owners. You agree to indemnify the Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from such claims or actions.

INTERNET SECURITY INFORMATION

Legends Bank Online Banking utilizes a multilayer security system designed to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed and are explained in our Legends Bank Online Security statement. In addition to our multilayer security system, we provide an Extended Validation Certificate (Green Bar Certificate), a known and trusted way to verify the authenticity of a website.

VIRUS PROTECTION

Legends Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computer and removable media using a reliable virus product to detect and remove any viruses. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

ELECTRONIC MAIL

Electronic mail to the Bank may be delayed; therefore, if you need the Bank to receive information concerning your account immediately, you must contact the Bank in person or by telephone (i.e. stop payments or to report a lost or stolen Debit/ATM card). The Bank needs a reasonable period of time after receipt to verify and act on requests or information you send by electronic mail.
The Bank will mail or deliver to you periodic statement notices for your Bank Accounts as disclosed in your Deposit Agreements. The Bank will include any transfers you authorize through Online Banking on your statements. You agree to review your periodic statements in accordance with this Agreement and any other deposit Agreements governing your account, for accuracy of all data transmitted through Online Banking. You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by Online Banking by contacting Legends Bank at 931-503-1234.

The Bank shall be responsible for performing services expressly provided for in this Agreement, and shall not be liable for any error or delay, so long as the Bank acted in accordance with the terms and conditions hereof. The Bank shall not be liable if you do not have sufficient funds in a designated account to complete the transaction you initiate or if the account is closed. The Bank shall not be liable if you have not given the Bank complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Online Banking. The Bank shall not be responsible for any loss, damage, liability, or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstances beyond the control of the Bank.

PRIVACY STATEMENT

Legends Bank understands how important privacy is to our customers. We have taken steps to ensure your security and privacy for your personal and financial dealings with the Bank. Our customer Privacy Statement can be obtained by clicking on any Legends Bank Privacy link or button throughout the Legends Bank Online Banking web site.

CONFIDENTIALITY

Information about your account(s) or the transaction(s) you make may be shared if necessary:

To verify the existence and condition of your account to a third party such as a credit bureau or merchant
To comply with a governmental agency or court order
If you give us permission, which we may require to be in writing
To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service
For a claim by or against us concerning a deposit to or a withdrawal from your account
If we are required or permitted to do so under state or Federal laws and/or regulations
To enable our affiliates to provide you faster and better service as well as special products and promotions
For additional information on our sharing practices, please refer to our Privacy Statement by clicking on any Legends Bank Privacy link or button throughout the Legends Bank Online Banking web site.

BALANCE INQUIRIES AND TRANSFERS

You may use Legends Bank Online Banking to check the balance of your accounts, transfer funds between your accounts and pay bills from your eligible accounts. Balances in your accounts may differ from your records due to deposits in process, outstanding checks or other withdrawals, payments or charges. If you have further questions, contact us at 931-503-1234 or customerservice@legendsbank.com.

You shall be responsible for all transfers you authorize through Online Banking. You shall also be responsible for all transactions initiated by persons to whom you have given your password. You must report to the Bank AT ONCE if the password has been lost or stolen. Telephoning is the best way of minimizing possible losses.

LIMITATIONS ON FREQUENCY OF TRANSFERS

You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings and money market accounts.

LIMITATIONS ON DOLLAR AMOUNT OF TRANSFERS/BILL PAYMENTS

Each transfer between accounts and the maximum aggregate amount per day is unlimited. Bill payments will be paid from checking accounts only. Each bill payment and maximum aggregate amount per day is unlimited from an eligible account.

FEES FOR THE LEGENDS BANK ONLINE BANKING SERVICE

Our Small Business Online Banking service has enhanced cash management features and can be customized for individual business needs. There are fees associated with this service. For more information, please call 931-503-1234. You are responsible for paying any fees associated with Online Banking as outlined within this Agreement as well as any fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing Online Banking.

TERMINATION

You may terminate your use of Online Banking at any time by calling us at 931-503-1234, by visiting any of our branches, writing to us at Legends Bank, 310 N. First Street, Clarksville, TN, 37040 or through electronic mail to customerservice@legendsbank.com. You must notify us within ten (10) days prior to the date you wish to have your Service terminated. We may require you to put your request in writing. If you have a scheduled payment within this ten (10) day period, you are required to cancel those payments. You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments.

We may terminate your access to Online Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your account(s) or if we believe that you have handled your account(s) in a fraudulent manner. We may also terminate your access to Online Banking for any other reason by giving you twenty (20) days’ notice or if there has been no activity for six months. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.

NO SIGNATURE REQUIREMENTS

When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

ALERTS

Alerts. Your enrollment in Legends Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Legends Bank account(s). Alerts are provided within the following categories:

Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Legends Bank Online Banking and Alerts menu within Legends Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Legends Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Legends Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Legends Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 866-391-1925. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Legends Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Legends Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Legends Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

GOVERNING LAW

This agreement and the account or service you are accessing via Legends Bank will be governed by and interpreted in accordance with the laws of the State of Tennessee.

ASSIGNMENT

This agreement may not be assigned to any other party by you. We may assign or delegate in part or in whole to any third party.

AMENDMENTS

Terms and conditions of this Agreement may be amended in part or in whole at any time within thirty (30) days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive service use or increased liability to you. The Bank has the right to modify or terminate this Agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further Online Banking transfers will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. If we modify this Agreement, your continued use of Online Banking services will constitute your acceptance of such changes in each instance.

NEW SERVICES

Legends Bank may, from time to time, introduce new Legends Bank Online Banking services. We shall update this Online Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Online Banking Access Agreement.

TERMS AND CONDITIONS OF BUSINESS BILL PAYMENT SERVICE

SERVICE DEFINITIONS

“Service” means the bill payment service offered by Legends Bank through CheckFree Services Corporation.

“Agreement” means these terms and conditions of the bill payment service.

“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

“Payment Instruction” is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

“Payment Account” is the checking account from which bill payments will be debited.

“Billing Account” is the checking account from which all Service fees will be automatically debited.

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.

“Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

“Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the

Service has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:
Information provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation – Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data – Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills.The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 866-327-1786 during Customer Service hours.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or,
If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from the Service. In each such case, you agree that:

You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
You will reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you; and,
The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact Customer Service via one of the following:

Telephone us at 866-327-1786 during Customer Service hours; and/or
Write us at:

Legends Bank

 310 N First Street

Clarksville, TN 37040

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of and of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law’s provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.