Disclosures

Privacy and Disclosures

Your privacy is important to us, and we take great measures to safeguard your personal information.

Privacy Notice

Rev. date Jan. 2012

FACTS

WHAT DOES SECURITY FINANCIAL BANK DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Transaction or loss history and credit scores
  • Credit card or other debt and checking account information

When you are no longer our customer, we continue to share your information as described in this notice.

How?

All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Security Financial Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information

Does Security Financial Bank share?

Can you limit this sharing?

For our everyday business purposes - - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes

No

For our markerting purposes - - to offer our products and services to you

Yes

No

For joint marketing with other financial companies

No

We don't share

For our affiliates' everyday business purposes - - Information about your transactions and experiences

No

We don't share

For our affiliates' everyday business purposes - - Information about your creditworthiness

No

We don't share

For our affiliates to market to you

No

We don't share

For nonaffiliates to market to you

No

We don't share

Questions?

Call toll-free 1-888-254-0615 or go to www.sfbank.com

Who We Are

Who is providing this notice?

Security Financial Bank

What We Do

How does Security Financial Bank protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Security Financial Bank collect my personal information?

We collect your personal information, for example, when you

  • Open an account or deposit money
  • Pay your bills or apply for a loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes - information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Security Financial Bank does not share with our affiliates.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Security Financial Bank does not share with nonaffiliates so they can market to you.

Joint Marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Security Financial Bank doesn't jointly market.

Digital Privacy Policy

Last Updated: March 26, 2024

This Digital Privacy Policy ("Privacy Policy"), in conjunction with other relevant privacy notices that we provide to you (e.g., pursuant to financial privacy laws), inform you of the policies and practices regarding the collection, use and disclosure of any personal information that we and our service providers collect from or about users in connection with the App's website and mobile application (the "Services").

THE TYPES OF INFORMATION WE COLLECT IN THE APP

Through your use of the Services, we may collect personal information from you in the following ways:

  1. Personal information you provide to us.

    • We may collect personal information from you, such as your first and last name, address, e-mail, telephone number, and social security number when you create an account.
    • We will collect the financial and transaction information necessary to provide you with the Services, including account numbers, payment card expiration date, payment card identification, verification numbers, and transaction and payment history.
    • If you provide feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
    • We also collect other types of personal information that you provide voluntarily, such as any information requested by us if you contact us via email regarding support for the Services.
  2. Personal Information collected from Third Parties. We may collect certain information from identity verification services and consumer reporting agencies, including credit bureaus, in order to provide some of our Services.
  3. Personal Information Collected Via Technology. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications, and other online services, such as:

    • Device data, such as your computer's or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state or geographic area.
    • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
    • Cookies, which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
    • Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
    • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
    • Location Information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, we will collect your location information when you use the Services; for example, to provide our fraud detection services. If you do not want us to collect this information, you may decline the collection of your location when prompted or adjust the location services settings on your device.

HOW WE USE YOUR INFORMATION COLLECTED IN THE APP

  1. General Use. In general, we use your personal information collected through your use of the Services to respond to your requests as submitted through the Services, to provide you the Services you request, and to help serve you better. We use your personal information, in connection with the App, in the following ways:

    • facilitate the creation of, and secure and maintain your account;
    • identify you as a legitimate user in our system;
    • provide improved administration of the Services;
    • improve the quality of experience when you interact with the Services;
    • send you administrative e-mail notifications, such as security or support and maintenance advisories;
    • and send surveys, offers, and other promotional materials related to the Services.
  2. Compliance and Protection. We may use your personal information to:

    • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
    • protect our, your or others' rights, privacy, safety, or property (including by making and defending legal claims);
    • audit our internal processes for compliance with legal and contractual requirements and internal policies;
    • enforce the terms and conditions that govern the Service; and
    • prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
  3. Creation of Non-Identifiable Data. The App may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services. We reserve the right to use and disclose non-identifiable information to third parties in our discretion.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We disclose your personal information collected through your use of the Services as described below.

  1. In Accordance with Our Other Privacy Notices. Other than as described in this Privacy Policy in connection with the App, this Privacy Policy does not apply to the processing of your information by us or third parties with whom we share information.
  2. Third Party Service Providers. We may share your personal information with third party or affiliated service providers that perform services for or on behalf of us in providing the App, for the purposes described in this Privacy Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to the App.
  3. Authorities and Others. Regardless of any choices you make regarding your personal information, The App may disclose your personal information to law enforcement, government authorities, and private parties, for the compliance and protection services described above.

LINKS TO OTHER SITES

The App may contain links to third party websites. When you click on a link to any other website or location, you will leave the App and go to another site and another entity may collect personal and/or anonymous information from you. The App's provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites. We encourage you to read the privacy policy of every website you visit.

YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information on the Services.

  1. How We Respond to Do Not Track Signals. Some web browsers transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise its policy on responding to these signals.
  2. Access, Update, or Correct Your Information. You can access, update, or correct your information by changing preferences in your account. For additional requests, please contact us.
  3. Opting Out of Email or SMS Communications. If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the "unsubscribe" link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us at the contact information under "Contact Us" below. If you provide your phone number through the Services, we may send you notifications by SMS, such as provide a fraud alert. You may opt out of SMS communications by unlinking your mobile phone number through the Services.
  4. Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some features of the App.

SAFEGUARDS AND RETENTION

We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law.

A NOTE ABOUT CHILDREN

The Services are not directed towards individuals under the age of 13, and we do not, through the App, intentionally gather personal information about visitors who are under the age of 13.

DIGITAL PRIVACY POLICY UPDATES

This Digital Privacy Policy is subject to occasional revision in order to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We encourage you to review this Privacy Policy periodically to ensure that you understand how we collect, use and share information through the Services. If we do make changes to the Privacy Policy, we will let you know by posting the revised Privacy Policy with a new "Last Updated" date posted at the top of the Privacy Policy.

Any changes will become effective when the revised Privacy Policy is posted on the Website. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT US

If you have any questions or comments about this Digital Privacy Policy or The App's data collection or processing practices, or if you want to report any security violations to The App, please contact us by email at: ; or by mail at:

Security Financial Bank
212 W Prospect Street
Durand, WI 54736

Electronic Services Agreement

This Electronic Services Agreement ("Agreement") governs your use of Security Financial Bank ("SFB") Online Banking Service and/or Mobile Banking Service ("Service"). Please read this Agreement carefully. By enrolling and utilizing the Service, you agree to comply with the terms and conditions of this Agreement.

Introduction

The terms of this Agreement are in addition to those that apply to any account or service you have with SFB and our Privacy Policy. SFB in its discretion may modify this Agreement at any time. SFB may offer additional online and mobile banking services and features in the future. Any such added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the service or feature, if applicable. SFB may amend these terms and modify or cancel the services we offer without notice, except as may be required by law. You agree that we will not be liable to you or any third party for any discontinuance of the Service.

Definitions

The following words referenced in this Agreement have the meanings provided below.

  • "We", "Our" or "Us" refers to SFB.
  • "You" or "Your" refers to each depositor, borrower, authorized signer, or authorized user of an account with SFB who enrolls and uses the Service.
  • "Account(s)" refers to your eligible SFB checking, savings, loan or certificate of deposit and other SFB products that can be accessed through the Service.
  • "Device" refers to a computer, tablet, cell phone, smartphone, or any other handheld or wearable communication device that is web-enabled. Your wireless carrier may assess fees for data or text messaging services. Please consult your wireless plan or provider for details.

SFB Contact Information

You may contact us for any reason related to this agreement by calling our Customer Service Department at 888-254-0615; by writing to Security Financial Bank, 212 W. Prospect Street, Durand, WI 54736; or by emailing . You agree to notify us immediately of any change in either your email address or your mailing address.

Hours of Service

SFB's business days are Monday through Friday, except Federal Reserve holidays. Online and Mobile Banking is available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. All Online and Mobile Banking transactions initiated after 5:00 p.m. Central Standard Time (CST) on business days and all transactions requested on Saturdays, Sundays, or Federal holidays, will be processed on the next business day.

Service Fees

There is no activation fee to sign up for the Service. There is no monthly charge for accessing the Service. Other fees may be assessed and billed separately by your Device provider. All telephone and wireless charges associated with the Service are your responsibility. All other fees, which have been separately disclosed to you in connection with your account(s), will continue to apply to those account(s) and to the services utilized by you.

Online and Mobile Banking Service

The Service allows you to access your SFB accounts to check balances, review detailed transaction history, view account statements, item images and notices, place stop payments on checks (online only), pay bills, transfer funds between accounts, open new eligible accounts, deposit checks (mobile only) find ATM and branch locations, and other banking transactions further described in this Agreement. We reserve the right to limit the types and number of accounts eligible, and the right to refuse to make any transaction you request through the Service. We may also reserve the right to modify the scope of the Service at any time. The Service may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. SFB cannot guarantee, and is not responsible for, the availability of data services provided by your internet provider or mobile carrier, such as data outages or "out of range" issues.

To properly use the Service, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use the Service in accordance with the online instructions and agree that you will contact us directly if you have any problems with the Service. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the Service as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses by your failure to properly use the Service or your Device.

You agree that, when you use the Service, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of the Service (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Service), and you agree that only your internet and mobile service providers are responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any deposit account, loan, or other banking product accessed through the Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations which might apply to your use of the Service.

Your Responsibilities

You represent and agree to the following by enrolling for the Service or by using the Service.

  • Account Ownership/Accurate Information: You represent that you are the legal owner of the Account(s) and other financial information which may be accessed via the Service. You represent and agree that all information you provide to us in connection with the Service is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using the Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Service.
  • User Security: You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the Service. You agree not to leave your Device unattended while logged into the Service and to log off immediately at the completion of each access by you. You agree not to provide your username, password, or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access the Service, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of the Service is available for use in locations outside of the United States. Accessing the Service from locations outside the United States is at your own risk. You are responsible for ensuring your Device operating system, software, browser version, plug-ins, and antivirus software are all current and up-to-date.
  • User Conduct: You agree not to use the Service or the content or information delivered through the Service in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Service; (i) interfere with or disrupt the use of the Service by any other user; or (j) use the Service in such a manner as to gain unauthorized entry or access to the computer system of others.
  • No Commercial Use or Re-Sale: You agree that the Service is only for personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of the Service, or resell, lease, rent or distribute access to the Service.
  • Indemnification: Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless SFB, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; and (c) your use, or use by a third party, of the Service.

Permitted Transfers

You may use the Service to transfer funds between your eligible SFB accounts ("Internal Transfer"). If you are enrolled for 'Bank-to-Bank' transfers, you may use the Service to transfer to or from an account at another financial institution. If you submit your transfer via the Service prior to the deadline established by us for the transfer service, you will initiate an immediate Internal Transfer. Internal Transfer transaction requests received after 5:00 p.m. CST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft limit. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer, you agree to cover any overdraft amount plus any applicable fees. You may be subject to fees if you exceed the transaction limits of your Account using the Services or any other methods outlined in your Deposit Account Agreement and Disclosures. We may also limit the type, frequency, and number of transfers for security purposes and may change or impose the limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

Manage SFB Debit Card(s)

You may use the Service to manage your SFB debit card(s), to report the card lost or stolen, re-order a card, activate a new card, add travel notes, and add alerts and notifications such as locations, merchant types, transaction types and spending limits.

Secure Messaging

The Service provides secure messaging so you can ask questions about your account(s), the Service, and for general feedback. Secure messaging is accessible after you log into the Service. Please be aware that general or public email transmissions are not secure. Therefore, to ensure the security of your account information, you are required to use the Service's secure messaging when asking specific questions about your account(s). Email cannot be used to initiate transactions on your account(s).

Zelle Person-to-Person (P2P) Payments

Zelle is available for Consumer Customers only. The Zelle P2P payments service is available after you log into online or mobile banking and upon acceptance of the Zelle Network Standard Terms. Zelle P2P can be used to send or request money to/from someone you know and trust, using the recipient's email or mobile phone number, and is posted within seconds to their account if they are registered users of Zelle. Recipient accounts can be with any participating Zelle financial institution, or they may be using the stand-alone Zelle app.

Bill Payment Service

SFB Bill Pay lets you schedule bill payments through the Service. You can arrange, at your option, for the payment of your current, future, and automatic (recurring) bills to businesses or individuals. All payments you make will be deducted from the SFB checking account that you designate as your bill payment account for the Bill Pay service. Joint accountholders may use the same account as their designated bill payment account.

Bill payments are processed either through an electronic transmission to the payee or by check debited from your designated bill payment account. If your designated bill payment account closes or is restricted for any reason, we'll cancel all pending payments associated with the account. It will be your sole responsibility to make all pending and future payments. Any payments you make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the service from time to time.

SFB's business days are Monday through Friday, except Federal Reserve holidays. Bill Pay is available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. Bill Pay transactions process based on the scheduled processing date designated by you. Any payments requested after 2:00 p.m. Central Standard Time (CST) or on Saturdays, Sundays, or Federal holidays, will be processed on the next business day.

Scheduling Payments: When making payments through Bill Pay, please allow enough time for your payee to receive your payment and credit your account properly. To avoid incurring a finance charge or late charge imposed by your payee, you must schedule a payment sufficiently in advance of the payment due date, so that the delivery date is before the payment due date. Please allow 2-4 days for an electronic payment and 3-5 days for a check payment. A bill payment can be changed or cancelled any time prior to 12:00 p.m. CST on the scheduled processing date.

Third-Party eBills are electronic versions of paper bills made available from participating companies that may not contain the full statement details in them. eBills are updated automatically once the eBill is received from participating companies. If the company you are setting up for bill payment offers eBills, we will let you know that the eBill service is available and guide you through the enrollment process.

We may modify, suspend, or terminate your privilege to use the Bill Payment service and may withhold approval of any transaction, at any time, with or without prior notice to you. In the event we terminate your Bill Payment service, we will try to notify you in advance as soon as possible, but we are not required to do so. If your Bill Pay remains inactive for a period of 3 months, it may be closed by SFB, and a termination fee of $20.00 may be debited from your primary Bill Pay account. You may have the option to re-open Bill Pay.

If at any time you wish to remove Bill Pay from your account(s), you can do so without being assessed a fee by notifying our Customer Service Department at 888-254-0615 or customerservice@sfbank.com. All bill payments, both present, future, recurring and/or one-time payments, must be deleted before terminating your Bill Pay service, or such payments may continue to be processed at your expense. Please be aware that if and when your Bill Pay account is deleted, your bill payment history is deleted along with it, making it impossible for yourself or SFB to obtain that format of your payment information in the future. Transactions you made, however, will have been recorded on your bank account statements as bill payment deductions. Termination shall not affect the rights and obligations of the parties for transactions made within the Bill Pay service before there was a reasonable time to respond to your termination request.

SFB is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this agreement. SFB will not be liable in any way for damages you incur for any of the following reasons: insufficient funds in your bill pay account on the processing date, delays in mail delivery, changes to the payee's address or account number unless we've been advised on the change in advance, the failure of any payee to correctly account for or credit the payment in a timely manner, or any other circumstances beyond the control of SFB.

Additional Mobile Banking Information

The Service may be provided in one or more formats, including with limitation, short message services, mobile web, or downloadable application. To utilize the Services, you must be enrolled to use Online Banking. Information about Security Financial Bank's Mobile Banking services is available on our website at www.sfbank.com or at any of our SFB locations. If text message services are used, you are solely responsible for the content of, and the mis-delivery of, any text messages. You agree to provide accurate source indication (i.e. the Device's mobile number) of any text messages sent to you. YOU ACKNOWLEDGE THAT THE TEXT MESSAGES MAY INCLUDE INFORMATION THAT IS CONSIDERED CONFIDENTIAL UNDER FEDERAL AND STATE LAW, AND SOMEONE WHO HAS ACCESS TO YOUR TEXT MESSAGE HISTORY OR E-MAIL ACCOUNT MAY BE ABLE TO VIEW THE CONTENTS.

Mobile Deposit Capture Service

The mobile deposit capture service ("Mobile Deposit") is designed to allow you to make deposits to your checking, money market account or savings account using your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to SFB or SFB's designated processor. Mobile Deposits are only processed on business days, not weekends or holidays. Deposits captured, transmitted, and accepted on a business day by the Bank's cutoff time of 5:00 p.m. CST will be considered a same day deposit. Deposits captured and transmitted after the Bank's cutoff time will be considered a deposit on the next business day. Mobile Deposit items will appear in the 'memo post' on your account. All items will be posted to your account during end of day processing.

The device must capture an image of the front and back of each check to be deposited and must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC") which will be considered eligible items. When the image of the check transmitted to SFB is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account into which the check is deposited; Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; Checks payable jointly, unless deposited into an account in the name of all payees; Checks previously converted to a substitute check, as defined in Reg. CC; Checks drawn on a financial institution located outside the United States; Checks that are remotely created checks, as defined in Reg. CC; Checks not payable in United States currency; Checks dated more than 6 months prior to the date of deposit; Checks that have exceeded the "Valid" period; Checks or items prohibited by SFB's current procedures relating to the Service or which are otherwise not acceptable under the terms of your SFB account; Checks payable on sight or payable through Drafts, as defined in Reg. CC; Checks that have previously been submitted for payment; Checks that the written and numerical amounts do not match; Checks that are not restrictively endorsed by the payee. Note, any check that you attempt to deposit using Mobile Deposit is subject to verification by SFB. We may reject an item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting an SFB branch.

Image Quality. The image of an item transmit"ted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).

Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Service with a proper endorsement, including the words 'FOR MOBILE DEPOSIT ONLY' or 'FOR REMOTE DEPOSIT ONLY'. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the check within 1 and 1/2 inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check should be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.

Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean the transmission was error free or complete. Following receipt of such confirmation, the Bank will process the image by preparing a "substitute check" or clearing the item as an image.

Disposal of Transmitted Items. Upon your receipt of a confirmation from SFB that we have received an image that you have transmitted, you agree to retain the check for at least fourteen (14) calendar days from the date of the image transmission. After fourteen (14) days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to SFB upon request.

Returned Deposits. Any credit to your account for Checks deposited using Mobile Deposit is provisional. If original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the Drawee Bank, or are rejected or returned by a clearing agent or collecting Bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original Check will not be returned to you, but that we may charge back the amount of the original Check and provide you with an image of the original Check, a paper reproduction of the original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. YOU WILL NOTIFY US IMMEDIATELY BY TELEPHONE AT 888-254-0615 AND WITH WRITTEN NOTICE AT SECURITY FINANCIAL BANK, 212 W PROSPECT, DURAND, WI 54736, IF YOU LEARN OF ANY LOSS OR THEFT OF ORIGINAL CHECKS. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Deposit Limits. Your deposit limits are available within the Deposit Check option within the Mobile Banking application. We reserve the right to impose other limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time. Unless otherwise specified by the Bank, changes to such limits shall be effective immediately upon notice to you via mail, email, the Bank's website, or via the Mobile Banking application.

Contingency Plan. In the event you are unable to capture, balance, process, produce or transmit a deposit file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.

Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Services immediately, and in no event later than sixty (60) days after the applicable Bank account statement is sent. Unless you notify the Bank within sixty (60) days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error. Fees. SFB will not be responsible for any fees that your wireless carrier may charge.

Service Limitations

It is important that you understand the limitations of the Service, including but not limited to the following:

The balances in your accounts may change at any time as we process items and fees against your accounts. There may be technical or other difficulties related to the Service. These difficulties may result in loss of data, loss of personalized settings, or other service interruptions. Neither SFB nor its third-party service providers assume any responsibility for: the timeliness, deletion, or mis-delivery of any user data; failure to store user data, communications, or personalized settings in connection with your use of the Service; or the delivery or the accuracy of any information requested or provided through the Service.

Neither we nor any of our service providers assume responsibility for the operation, security, functionality, or availability of any Device or network which you utilize to access the Service, nor do we guarantee that you will have continuous or uninterrupted access to the Service. We are not responsible for any delay, failure, or error in the transmission or content of information provided through the Service. Neither we nor any of our service providers or affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the Service, from any inaccurate information provided through the Service, from you use of or reliance on any information provided through the Service, or from your inability to access the Service.

We will not be liable to you for any losses caused by your failure to properly use the Service or your Device. We reserve the right to refuse to make any transaction you request through the Service for any reason. You agree and understand that the Service may not be accessible or may have limited utility over some cellular networks, such as while roaming. Financial information obtained through the Service (including, without limitation, any text message alerts) reflects the most recent account information available to us and may not be accurate or current. You agree that SFB and our service providers will not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features and functions available through Online Banking may not be available using Mobile Banking and vice versa.

Other Agreements; Severability; Governing Law

In the event of any conflicts between this Agreement and the content of the software or any related materials regarding the SFB's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Wisconsin, without regard to such States' rules regarding conflicts of laws.

JH DIGITAL BANKING TERMS OF USE

The primary provider for the online and/or mobile banking service you are using (the "Service") is Jack Henry & Associates, Inc. (the "JH", "we" or "us"). By enrolling in our Service, you agree to these terms of use (the "Agreement"). Please read this Agreement carefully before using the Service. The Service includes the Software and the App as defined below. This Agreement applies to both the consumer version of the Service and App ("Banno") and the business version of the Service and App ("Banno Business"). By enrolling in, accessing or using the Service, you agree to be bound by this Agreement and all of its terms without change.

This Agreement is between JH and you, the user. If you are using Banno Business on behalf of a company or other organization, such company or organization will also be considered a party to this Agreement and you represent and warrant that you have the authority to bind such company or organization to this Agreement.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.

  1. General. JH is not the provider of any of the financial services available to you through the Service and JH is not responsible for any of the materials, information, products or services made available to you through the Service. You acknowledge and agree that JH is the owner of all right, title and interest in the online and/or mobile technology solution made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates or versions, regardless of the media or form in which they may exist (together, the "Software").

    You may not use the Software unless you have first accepted this Agreement. Subject to the terms and conditions of this Agreement, we grant you a subscription to use the Software (in machine readable object code form only) in accordance with this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution's services made available via the Software. This is not a sale or license of the Software. All rights not expressly granted to you by this Agreement are reserved by JH. Nothing in this Agreement will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This subscription may be terminated at any time, for any reason or no reason, by you or JH. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or are otherwise in your possession or control. You will not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software;(v) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; or (vi) use the Software to train any generative artificial intelligence application. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. You agree to use the Service, the App and the Software in compliance with applicable laws and for your own personal use only or, if you are a subscriber of Banno Business, only for your use on behalf of your business or organization for its internal business purposes.

  2. Privacy. JH may access personal information while you use the Service. JH may access records held by your financial institution for such information as your phone number, home address or email address. JH will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, JH will use the phone number to pre-populate forms that expect a personal phone number for contacting you. If you grant permission to use your device's location, JH will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, JH will use that information to add an image to a transaction, to attach a document to chat, and add a photo to your profile. If you grant permission to use a camera, JH will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. Our privacy practices regarding your personal information can be found in our privacy policy located at https://www.jackhenry.com/privacy-policy (the "JH Privacy Policy"). If you are a subscriber of Banno Business, business-to-business exceptions in certain privacy laws may apply to your information. In addition to the JH Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution's services and products, including such information that may be gathered through use of this Service, such as the "Account Information" and "Registration Information" described below. A copy of that privacy policy is available from your financial institution. In the event of conflict between the JH Privacy Policy and your financial institution's privacy policy, your financial institution's privacy policy will control. Under applicable privacy laws, you may have certain rights such as the right to collect your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Please see your financial institution's privacy policy if you wish to make any requests under these rights. JH acts as a processor or service provider to its financial institution customers who act as controllers of your personal information and are primarily responsible for handling such requests. We will cooperate with any privacy rights requests we receive from your financial institution. If you use the Service to make bill payments or engage in transactions with other companies, those companies should also have a privacy policy that addresses the use of your personal information and your privacy rights.

  3. Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information ("Account Information"). JH does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.

  4. Your Responsibility for Information. You are responsible for providing JH with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately. Text messaging services may be provided by your financial institution. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g., mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.

  5. Your Account. If you use the Service, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your Account or password. Make sure to log out of your Account when you are finished using the Service. If your status as a user of the Service is terminated, you will (i) stop using the Service and any information obtained from the Service, and (ii) destroy all copies of your account information, password and any information obtained from the Service. We encourage you to use strong passwords that use a combination of upper and lowercase letters, numbers and symbols, contain at least ten characters and are not used by you with other services or websites. You agree to provide accurate information when you register. You will immediately notify us of any breach of security or unauthorized use of your Account. We will not be liable for any losses or other damages caused by any unauthorized use of your Account. We may delete your Account and any data in your account at any time and move the location where we store your Account information in our sole discretion. We may suspend your Account and use of the Service at any time for any reason including any potential security threat or fraud. You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right to use, store, copy, transmit and modify any data you submit on the app and you represent and warrant to us that you have the right to provide such data.

  6. Rights You Grant to JH. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to JH through the Service, you are voluntarily supplying that content to JH for the purpose of providing the Service to you. By submitting such information to JH, you represent that you are entitled to submit it to JH for use for this purpose, without any obligation by JH to pay any fees. By using the Service, you expressly authorize JH to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. JH will submit information including user names and passwords that you provide to log you into the site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.

  7. Links to Third Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the JH Privacy Policy is applicable only when you are on the Service or our website, once linked to another website, you should read that site's privacy policy before disclosing any personal information.

  8. No Unlawful or Prohibited Use. As a condition of your use of the Service, you warrant to JH that you will not use the Service for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Service automatically terminates. You will not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service. You will not republish JH content or other content from the Service on another website or app or use in- line or other linking to display such content without our permission. You will not introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service. You will not use the Service for benchmarking purposes, use another Service user's account, reverse-engineer the Service or use the Service to develop any competing product or service. You will not identify us or display any portion of the Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights or refer to JH or the Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of the Service under this Agreement, without JH's express written consent. If you are under the age of 13, you are not permitted to use the Service.

  9. Mobile Devices. To use the mobile app provided with the Service (the "App"), you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You are responsible for any message and data rates from your mobile service provider when you use the App. You must comply with all rules and regulations of your mobile service provider and the mobile app store from which you download the App. If you download the Mobile App from the Apple App Store, you acknowledge and agree that this Agreement is solely between you and JH, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third-party beneficiary. If you download the App from the Google Play Store: (i) you acknowledge that the Agreement is between you and JH only, and not with Google, Inc. ("Google"); (ii) your use of App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the App.

  10. Consent to Use of Data. You agree that JH may collect and use data and information about you, your device, system and application software, and peripherals, that is gathered through your use of the Service to facilitate the provision of software updates, product support, product enhancements and other services (if any) related to the Service. JH may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.

  11. Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  13. Analytics. To assist JH in maintaining and improving this application, JH uses multiple analytics and logging platforms to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Analytics platforms generally do not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information, although they may use anonymized identifiers. The information helps JH improve the performance of this Service for you. More information on analytics services, including analytics cookies, can be found in the JH Privacy Policy.

  14. Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service or this Agreement will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ยงยง 1-16; (3) The arbitration will be held at the AAA regional office nearest to you; (4) The arbitrator's decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

  15. Miscellaneous. This Agreement constitutes the entire agreement between you and JH concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. This Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.

Terms of Use

We may modify these Terms of Use.

Security Financial Bank reserves the right to change the terms, conditions, and notices under which the Security Financial Bank site is used. You are responsible for regularly reviewing these Terms of Use.

This site is designed for your personal use.

The Security Financial Bank web site is for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Security Financial Bank site.

Your personal information will be secure and will be kept private.

Security Financial Bank has developed policies and procedures to protect your personal information. Please refer to our Privacy Notice and Disclosure page for further information.

Email is not a secure method of communication.

Keeping your information confidential and secure is as important to us as it is to you. Please be aware that any emails you send are not secure. Please do not email any confidential information such as passwords, account numbers, credit card information or social security numbers. That type of information should be provided to us by phone, fax or regular mail.

Links to third party sites are provided for your convenience.

The Security Financial Bank site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Security Financial Bank, so Security Financial Bank is not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Security Financial Bank of the site.

Conditions of Use.

As a condition of your use of the Security Financial Bank site, you warrant to Security Financial Bank that you will not use the Security Financial Bank web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Security Financial Bank web site in any manner which could damage, disable, overburden, or impair the Security Financial Bank web site or interfere with any other party's use of the Security Financial Bank web site

SFB cannot guarantee, and is not responsible for, the availability of data services provided by your internet provider or mobile carrier, such as data outages or "out of range" issues.

To properly use the Service, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use the Service in accordance with the online instructions and agree that you will contact us directly if you have any problems with the Service. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the Service as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses by your failure to properly use the Service or your Device.

You agree that, when you use the Service, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Service (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Service), and you agree that only your internet and mobile service providers are responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any deposit account, loan or other banking product accessed through the Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations which might apply to your use of the Service.

Zelle Network® Standard Terms

Description of Services

We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as Network Financial Institutions ("Network FIs").

Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network FI.

THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled Account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

We may modify this Service from time to time at our sole discretion. In the event of any changes, updates or modifications, you are responsible for making sure you understand how to use the Service, as modified. Except as otherwise required by law, we may also change the terms of this Agreement at any time. If we do make changes, we will update this Agreement, which can be viewed online. As always, you may choose to accept or decline changes by continuing or discontinuing the use of Digital Banking and this Service. Changes to fees or terms applicable to your Accounts are governed by the Agreement(s) otherwise governing your applicable Accounts.

You agree that you are the legal owner of the Accounts and other financial information which may be accessed via Digital Banking. You agree not to misrepresent your identity or your account information and you understand that you are required to keep your personal contact information Current and up to date for this purpose. You agree to keep Security Financial Bank (SFB) informed of changes to your email address and other personal contact information on file. You also agree that you are an authorized user of the Device on which the Service is running.

Consent to Share Personal Information (Including Account Information)

By accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with customary processes and procedures, which may include, without limitation, the following:

  • As necessary to resolve a problem related to a transfer or payment between you and another user;
  • To verify the existence of your bank account, or debit card, as applicable;
  • To comply with Government agencies or court orders;
  • To our affiliates, as permitted by law;
  • To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT ACT;
  • To comply with inquiries in connection with fraud prevention or any investigation;
  • For our general business purposes, including without limitation data analysis and audits;
  • As otherwise permitted by the terms of our Privacy Policy.

Privacy, User and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy on the Security Financial Bank website. The Privacy Policy is incorporated into and made a part of this Agreement by this reference.

User Security

You agree to take every precaution to safeguard and ensure the safety of your identity, Accounts, transactions and confidential user access credentials and passwords when using Security Financial Bank's Digital Banking. You agree to never give your personal information, Account information, or user access credentials and passwords to anyone you do not know, whose identity you cannot verify, and who are unauthorized to conduct transactions on your Account(s). If you give your personal information or user access credentials to someone and that person uses your information to access your Account(s), you agree that such use will be deemed authorized and you will be responsible. You agree that you will also be liable for all transactions performed by such individual(s), as allowed by law. Security Financial Bank reserves the right to rely upon the access of Digital Banking, using the user access credentials you provide as legitimate. Security Financial Bank will never contact you and ask you to give us your Account information, including usernames, personal identification numbers, and account numbers, over the phone, by email, or by text message. You agree not to disclose your personal information and account information to unknown persons through these or any other channels for any reason. You agree to remain vigilant for phishing and other fraudulent scams and to notify us promptly if you become aware of or suspect fraudulent activity involving your identity, your Accounts, or the BANK. If you fail to exercise reasonable care to protect your identity and safeguard your Accounts, we will not be liable unless required by law. For added security, you agree to not leave your Device unattended while logged into Digital Banking and you will log off immediately at the completion of each access. Please note that once you are logged into Digital Banking using your password, we will act on any instructions received by you. You are ultimately responsible for keeping your user access credentials and Account information confidential. Security Financial Bank and/or Licensor will not be liable for any damages or losses because of your failure to comply with this Agreement.

Wireless Operator Data

We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, Customer type, Customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship.

Enrolling for the Service

You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

Once enrolled, you may:

  • authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
  • receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."

If, at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

Consent to eMails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users who are sending you money or requesting money from you, and from other Network FIs or their agents regarding the Services or related transfers between Network FIs and you. You agree that we may or Zelle may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

  • You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
  • You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
  • In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
  • Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
  • To cancel text messaging from us, send STOP to 53608. For help or information regarding text messaging, send HELP to 53608 or contact our Customer Service at (888) 254- 0615. You expressly consent to receipt of a text message to confirm your "STOP" request.
  • Supported Carriers: All Major Wireless Carriers

Receiving Money; Money Transfers by Network FIs

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the Account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network FIs, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

Sending Money; Debits by Network FIs

You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network FI, the money is sent directly to their account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network FIs, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network FI, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

We have no control over the actions of other Users, other Network FIs or other financial institutions that could delay or prevent your money from being delivered to the intended User.

Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle, to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

BANK Liability

If we do not complete a transfer to or from your account on time or in the correct amount as according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

  • If, through no fault of ours, you do not have adequate funds in your Account to complete a transaction, your Account is closed, or the transaction amount would exceed the credit limit on your line of credit, if applicable.
  • If you used the wrong access code or you have not properly followed any applicable computer, Internet access, or user instructions for making transfer transactions.
  • If your Device fails or malfunctions or Digital Banking was not properly working and such problem should have been apparent when the transaction was attempted.
  • If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent making the transaction.
  • If the funds in your Account are subject to an administrative hold, legal process or other claim.
  • If you have not given us complete, correct and Current instructions so that we can process a transfer.
  • If the error was caused by a system beyond our control, such as that of your Internet service provider.
  • If there are other exceptions, as reasonably established from time to time.

Send Limits

Security Financial Bank limits the amount of transactions as follows:

  • Per transaction - $500
  • Per processing day (beginning midnight of current day) - $1,000
  • Per processing week (cumulative per prior 7 days) - $2,000
  • Per processing month (cumulative per prior 30 days) - $8,000

Security Financial Bank limits the number of transactions as follows:

  • Per user processing day - 5
  • Per user processing week (cumulative per prior 7 days) - 10
  • Per user processing month (cumulative per prior 30 days) - 40

Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless us, Zelle, its owners, directors, officers agents and Network FIs from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

Transaction Errors

In case of errors or questions about your Electronic Transfers, contact us at (888) 254-0615 or write us at Security Financial Bank 212 W Prospect St. Durand WI 54736

We must hear from you no later than 60 days after the date we sent you the FIRST statement on which the error or problem appeared.

  • Tell us your name and account number (if any).
  • Describe the error or the transfer you are unsure of and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

Your Liability for Unauthorized Transfers

If you disclose your password to anyone, you assume all risks and losses associated with such disclosure. You are responsible for all transactions you authorize using Zelle, as well as transactions authorized by any party to whom you have disclosed your password.

Tell us AT ONCE if you believe your password has been lost or stolen, or if you believe that an Electronic Funds Transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum checking account protection (CAP) limit).

Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

  • If you tell us within two Business Days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your password without your permission.
  • If you do NOT tell us within two Business Days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
  • Also, if your periodic statement shows transfers that you did not make, including those made by using your password, tell us at once. If you do not tell us within 60 days after the statement was made available or transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking your money if you had told us on time.
  • If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

You may notify us by telephone, in writing, or in person at:

  • (888) 254-0615
  • Security Financial Bank, 212 W Prospect St., Durand WI 54736
  • Any of our other branch locations

You should also call the number or write to the address listed above if you believe a transfer has been made without your permission.

Liability for Failure to Complete Transfers

If we do not complete a transfer to or initiate a transfer from your account within specified time frames, or in the correct amount, all in accordance with our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your funding account to make the transfer.
  • If the transfer would go over the CAP limit.
  • If the system supporting the transfer was not working properly and you knew about the breakdown when you started the transfer.
  • If the transfer is delayed or canceled for any of the reasons described in other Sections of this Agreement.
  • If circumstances beyond our control (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

Fees

We do not charge a fee for using Zelle. However, fees associated with text messaging may be assessed by your mobile carrier and data rates may apply. In addition, fees may apply if you use Zelle through another institution or through Zelle's separate Transfer Service website or mobile app. We reserve the right to assess fees in connection with the Zelle in the future. If we do assess fees, we will give you reasonable notice as required by law and we may deduct any applicable fees from the funding account used for the transfer transaction.

Use of Our Digital Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Digital Banking Agreement and Disclosure, which is available within your mobile app or online banking account and is incorporated into and made part of this Agreement by this reference.

Cancellation of the Service

If you wish to cancel the Service, please contact Customer Service at (888) 254-0615 or visit any Security Financial Bank branch and speak with a Personal Banker. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.

Right to Terminate Access

In the event you violate any terms of this Agreement, there are unauthorized fraudulent transactions related to your funding account, deposit account or use of the Transfer Service, or we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

We may, in our sole discretion, at any time and without prior notice to you or other Service participants, suspend or terminate:

  • The Transfer Service,
  • Your ability to send or receive funds through a Transfer Transaction,
  • Your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction,
  • Your ability to request funds from another customer, or
  • Your ability to receive requests for funds from another customer.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FIS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (i) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FIS' LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement you agree to indemnify, defend and hold harmless us, Zelle, its owners, directors, officers, agents and Network FIs from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.

You agree to defend, indemnify, and hold Security Financial Bank, and its officers, directors, and employees harmless from and against any and all costs, liabilities, losses and expenses including, but not limited to, reasonable attorneys' fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought or threatened by a third party against any Participant relating to: (a) a breach or alleged breach by you or any of your representations, warranties, covenants, or obligations hereunder, (b) your use, misuse, or failure to use the Service or (c) infringement or misappropriation of any Intellectual Property or the Intellectual Property rights of any third party by you.

Governing Law; Choice of Law; Severability

Severability

This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the State of Wisconsin for governing your eligible transaction accounts.

If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect, and such invalid, illegal or unenforceable provisions shall, to the extent permitted and possible, be deemed replaced by a provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable provision.

Disclaimer Warranty

To the maximum extent permitted under applicable law and except as otherwise expressly set forth herein, this Service is provided as-is, without warranty of any kind. Please understand that Security Financial Bank does not guarantee that your Device or wireless service provider will be compatible with Digital Banking. It will be your responsibility to ensure that your Device is protected from harmful components which could result in damage to your phone or Device and damage that could result in information being intercepted by a third party.

Security Financial Bank is not responsible or liable:

  • For any indirect, incidental, special or consequential damages as a result of malware, viruses or other harmful components.
  • If any nonpublic personal information is accessed via Digital Banking due to any virus or other malware residing in or being contracted by your Device at any time, from any source.
  • For errors or delays or your inability to access the Service that is caused by your Device or Internet service provider.
  • For the cost of upgrading your Device in order to remain Current with the Service.
  • Any damage to your Device or the data within.

To the maximum extent permitted under applicable law, under no circumstance will Security Financial Bank be liable to you or any third parties for any indirect, special, incidental, consequential, or punitive damages of any kind or for any matter arising from or relating to this Agreement, the Service or any updates provided including, without limitation, your use of or inability to use the Service, regardless if such liability is asserted on the basis of contract, tort, even if Security Financial Bank was informed of the possibility of such damages.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION ,OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

Miscellaneous

Subject to the terms of this Agreement, this Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control. Live Customer service generally will be available Monday through Friday, excluding US Federal holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.