Terms & Conditions

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Online Banking Services Agreement – Consumer

This Electronic Consent and Online Banking Services Agreement (“Agreement”) states the terms and conditions that apply when you use American Bank’s Online Banking Services. These terms and conditions are in addition to those that otherwise apply to any accounts you have with us or any other services by us for you. You must also follow all of our instructions, procedures and policies applicable to Online Banking Services.

ONLINE BANKING SERVICES FEDERAL E-SIGN DISCLOSURE

Before you enroll for Online Banking Services through our website, please read this important information which you are entitled to receive before consenting to electronic delivery of this Agreement, future amendments and other related notices.

Acceptance and Amendments to this Agreement

By clicking the “Accept” button, you consent to the electronic delivery and receipt of information relating to your account(s) with us that you access using the Online Banking Services, including this Online Banking Services Agreement, and other agreements related to the Online Banking Services, including but not limited to, Specific Service Agreements (Billpay, Electronic Document Delivery, and Mobile Banking and Mobile Deposit), amendments to such agreements that we provide, and/or are required by Applicable Law or regulation to provide to you in writing (“Electronic Information”).

Your electronic consent is your acknowledgement that you have read this Agreement in electronic form and agree to all of the terms of this Agreement governing your use of the Online Banking Services. You also confirm that you are authorized to consent to all of these matters on behalf of all persons with access to your accounts.

We may amend this Agreement at any time. We will comply with any notice requirements under Applicable Law for such changes. If Applicable Law does not specify any notice requirements for the change, we will decide what kind of notice we will give you and the method of providing any such notice. Methods may include without limitation, posting them on our website, transmitting them to you at the email address you have provided to us, or including them in a statement.

Right to Receive Paper Copies

You may request and receive a paper copy of the Agreement, amendments to the Agreement and any other Electronic Information without cost to you. If you wish to request a paper copy, please contact us as follows:

By calling us at 920-885-2700 or 1-888-987-2265
By writing us at American Bank, ATTN: Customer Service, P.O. Box 438, Beaver Dam, WI 53916
By sending email communication through the secure mail link in Online Banking or using a general email addressed to banking@americanbankbd.com

You may access and print a copy of this agreement on the bank’s website (http://www.americanbankbd.com) under the “Terms and Conditions” link.

Right of Consumers to Decline and/or Withdraw Consent for Electronic Information

You may choose not to consent to receipt of Electronic Information. If you do not electronically consent by clicking “Accept,” or if you click the “Decline” button, you are indicating that you do not consent. If you do not consent, you will not be permitted to use Online Banking Services.

You have the right to withdraw your consent to receive Electronic Information through Online Banking at any time. If you withdraw your consent, you also terminate your right to use Online Banking Services. To withdraw your consent, contact us in the manner provided above.

Changing your Email Address

You must promptly notify us of any change in your email address. You may change your email address by updating the address under the “Profile” tab in Online Banking, calling Customer Service at 920-885-2700 or 1-888-987-2265, or contacting us through the secure mail link in Online Banking.

Hardware and Software Requirements

In order to access the Online Banking Services and access and retain this Agreement, Amendments and other Electronic Information, you must have:

A computer
An Internet connection
A web browser that supports 128-bit encryption or higher
- Internet Explorer 8 or higher
- Mozilla Firefox
- Google Chrome
- Safari 5.1.7 or higher
- Adobe Acrobat Reader Versions 9.x and 10.x to open or view electronic documents

This Consent Does Not Apply to Periodic Statements

Your consent applies to all communications from us relating to your accounts with us and remains in effect until you withdraw your consent. This consent does not apply to electronic delivery of your account periodic statements. Statements may be received electronically by opting in to the eStatement service after you have successfully logged on to the Online Banking Service.

EXPLANATION OF CERTAIN TERMS

For purposes of this Agreement, the following terms and all variations thereof (including the singular, plural, and possessive and the past, present, and future tense) shall have the following meanings;

“Agreement” means this Electronic Consent and Online Banking Services Agreement and any amendments made in accordance with the provisions of this Agreement.
“Applicable Law” means the constitutions, statues, codes, ordinances, rules, regulations, orders, decisions, judgments and decrees of any governmental authority of the State of Wisconsin and any other governmental authority having jurisdiction over the Parties.
“Bank,” “we,” “us,” and “our” mean American Bank and any other person or legal entity whom we designate to provide Online Banking Services.
“Business Account” means an account that is not a Consumer Account.
“Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
“Consumer Account” means an account established primarily for personal, family or household use.
“Customer,” “you,” and “your” mean an individual person or business entity that we permit or they permit to use Online Banking Services.
“Online Banking Services,” “Online Banking,” and “Service” shall mean and refer to such services provided by the Bank from time to time through the website or through any Required Technology. Such services may include but are not limited to Online Account Services, Funds Transfer Services, Mobile Banking Services, Online Statement Services, Stop Payment Services and Bill Pay Services.
“Party” means one or more of you and us.
“Required Technology” means the computer and communications hardware, software, web internet access, communications services, or other technology necessary to access and use Online Banking Services in accordance with this Agreement.
“Website” shall mean www.americanbankbd.com and any internal webpage linked from the foregoing site and established and maintained by American Bank. The term “Website” shall not include any website not controlled and maintained by American Bank.

ONLINE BANKING SERVICES AGREEMENT

When you use our Service or you permit any other person to use our Service, you agree to the terms and conditions we have set out in the Agreement. Please refer to the online help and instructions on how to use our Online Banking Services. Such instructions are part of this Agreement. Please note, during your use of the Online Banking Services, we may provide you with additional requirements and limitations regarding the use of services through the system by which we provide Online Banking Services. You agree to be bound by any and all such additional requirements and limitations. You also agree to be bound by any and all of our published policies and procedures, whether published on the Website, through the Service or otherwise. Any and all such policies and procedures shall be a part of this Agreement.

This Agreement supplements other agreements between us, including, without limitation, your checking, savings, and other deposit account rules and agreements, as well as line of credit and loan agreements provided to you at the time you opened your accounts (“Account Opening Disclosures”). Except as otherwise provided in this Agreement, if there is a conflict between the provisions of this Agreement and the Account Opening Disclosures, this Agreement will control as to any conflict relating to the Online Banking Services and access to your accounts via the Internet using a computer. In the event of a conflict between the terms and conditions of this Agreement and disclosures provided electronically within the Service and relating to specific features of the Service, such as disclosures found in help screens or enrollment screens, the provisions relating to specific features of the Service, such as those in help screens and enrollment screens, will control.

You understand and agree that we may, and you authorize us to, provide Online Banking Services through one or more third party vendors. This Agreement does not apply to services provided under separate agreements with third party vendors that do not specifically reference this Agreement or that are not specifically referenced in this Agreement.

Account Access

To have access to the Online Banking Services, you must have at least one eligible deposit or credit account with us. Eligible Consumer Accounts or Business Accounts include: Checking, Savings, Money Market Deposit Account, Certificate of Deposit (CD), Installment Loan, Commercial Loan, Mortgage Loan, Line of Credit.

If an account is owned by more than one person who has requested access to the account using the Service, each account owner will have the authority to perform any task available using the Online Banking Services.

If an account that requires two or more signatures to make withdrawals is accessible via the Service or such account is automatically added to the Service, you agree that the verification by two persons will not apply to electronic funds transfers made using the Service. Any one person with the proper Login Information is authorized to make transfers, even if you require more than one signature on a transfer made by any means other than the Service, such as by use of a check.

Access Codes

To use Online Banking Services, you must establish a unique User Name and Password and establish responses to security questions (“Login Information”). Use of Login Information is the agreed security procedure to access Online Banking Services. You agree to keep your Login Information confidential to prevent unauthorized access to your accounts and unauthorized use of the Service. Individuals to whom you disclose your Login Information will have full access to the Service, including full access to your accounts.

You are required to change your password on a regular basis no less frequently than every 180 days. In the event you fail to change passwords in accordance with this Agreement, our liability to you or any third party for any loss or damage resulting from, or arising out of, your failure to change passwords may be limited or discharged pursuant to this Agreement or Applicable Law.

Types of Online Banking Services

You, or someone you have authorized by giving them access to your Login Information (even if that person exceeds your authority), can instruct us to perform the following transactions: (a) transfer funds between accounts; (b) provide information that we make available about your accounts; and (c) provide other services or perform other transactions that we allow, as discussed in this Agreement. You hereby authorize us to process and execute any and all requests, payment orders, or other transactions initiated by you through the Service.

The following are the types of Online Banking Services we may provide under this Agreement:

Account Information. We may allow you to obtain an overview and history of your accounts with our Service. You may also view recent online and other account activity for your accounts and send secure messages to us requesting account information or making other inquiries. Other features we may offer through Online Banking Services are allowing you to change the way information is displayed through the Service, change your password and Login Information, set automated alerts for certain events occurring with respect to your accounts and view your periodic statements and other documents.
Internal Transfers and Payments. You may request funds transfers to and from certain of your deposit and loan account(s) with us. By entering one-time or recurring transfer requests into the Service, you authorize us to process transfers in accordance with the requests that are made. You must have a sufficient available balance or credit in any account from which you instruct us to make a transfer. All transfers must be in U.S. dollars. Each transfer and loan payment request will be posted to the accounts involved on the Business Day on which the transfer is completed. Each transfer or loan payment made on a non-Business Day or after our Online Banking cut-off time on any Business Day will be considered initiated on the following Business Day. Our Online Banking cut-off time is 7:00 p.m. Central Standard Time (CST).
Bill Pay Services. We may allow you to pay bills by electronic transfer or check to any person or business you designate as a payee in any bill payment request sent through the Service. You may access our Bill Pay Services after logging into Online Banking by clicking on the Bill Payment link. To use Bill Pay Services you are required to enter into a separate agreement with the third party bill payment provider.
eBills. You can receive electronic versions of your paper bills in our Bill Pay Services.
Mobile Banking Services. We may allow you to access certain of our Online Banking Services through a mobile or smartphone software application. Certain of our Online Banking Services may be unavailable or limited when you use Online Banking Services with a mobile device or smartphone. Likewise, certain services made available through the Service using a mobile device may not be made available using a computer. Please note you will have to comply with any minimum hardware and software compatibility requirements established by any software vendor in connection with any mobile or smartphone software application. To use Mobile Banking Services, you are required to register each mobile device and smartphone and agree to the Mobile Banking Terms and Conditions.
E-Statements. Receive electronic periodic statements for your account(s). Consent to receive periodic statements and agreement with the Electronic Delivery Terms and Conditions is required in order to receive them electronically.
Account Alerts. Automatic Alerts are sent to you following certain changes you make using tabs within the Service, such as a change in your Email address, or Login Information. Other Account Alerts are sent to you when your account(s) has an event for which you request an Alert via the “Alerts” link located on the Home Page within the Service. At this time, we are able to send Alerts via text message and email. Alerts will be sent to you at the current email address or text message number designated in the “Profile” section of the Service. If your email address or number for receiving Alerts changes, you must change the information within the system. You understand and agree that Alerts may be delayed or prevented by a variety of factors. We do our best to provide Alerts in a timely manner with accurate information. We do not guarantee delivery or occurrence of any Alert. You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any Alert, for errors in the content of an Alert, or for any actions taken or not taken by you or any third party in reliance on the Alert.
Stop Payment Services. We may allow you to initiate stop payment requests on checks through our Online Banking Services. You may place a stop payment on any check you have written that has not already been presented for payment. The information on the stop payment request must precisely identify the check number, date, payee, and amount of the check. If you do not give complete, exact information, we assume no responsibility for stopping payment. A stop payment order is effective for six (6) months unless renewed through Online Banking or in writing before the expiration of the six (6) months. If the stop payment request is not renewed before the expiration date, it will automatically terminate, and the Bank is free to pay the check. In such an instance, you hereby agree to waive any and all claims against us with respect to the stop payment request or the check and you further agree to indemnify and hold us harmless with regard to any and all claims involving the stop payment request and the applicable check. You agree to pay a stop payment fee identified in our current Schedule of Fees and Charges, as may be amended from time to time, for each new stop payment request and each renewal of a stop payment request processed through Online Banking.
Data Download. Subject to specific instructions provided to you by the Service, you may download certain account data to your computer. We are not responsible for importing the account data into your hardware or software and make no representations regarding the compatibility or importability of the data with or into your hardware or software. Contact your hardware or software vendor for assistance with these issues.
Under federal regulations, you may make no more than six (6) preauthorized electronic fund transfers and telephone transfers, including internet transactions, checks, point-of-sale transactions and check, debit card or similar order to third parties per calendar month from your savings or money market deposit account.

Additional Services

Additional services may be added to the Service from time to time. You may be required to complete additional Enrollment forms and agree to additional terms and conditions to have access to additional services that may be added.

The available services may change from time to time at our sole discretion and the Online Banking Services site updated accordingly.

Fees and Expenses

You are required to pay us for any and all fees and expenses incurred in connection with certain activities performed through the Service according to the fee schedule established by us, as amended from time to time and disclosed to you. Fees and expenses are payable monthly, and you hereby authorize us to withdraw the fees and expenses from any account you maintain with us. Fees and expenses will be reflected on your periodic statement.

At the present time there is no fee to use our Online Banking Services, unless you elect to use a specific service within the Service for which fees are imposed. In the event you enroll in a specific service for which a fee is imposed, you will be notified of the fee when you enroll in that service.

Transfers Involving Insufficient Funds

If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer, we will refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.

Notwithstanding any other provision of this Agreement, if we do not make a transfer, or if we reverse a transfer because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.

Privacy

We will disclose information to third parties about your account or the transfers you make: (a) to third parties where it is necessary for completion or tracing transfers or resolving errors or claims; (b) to verify or disclose the existence, amount or condition of your accounts for third parties, such as a credit bureau or merchant; (c) pursuant to court orders and other legal process; (d) to comply with subpoenas, summonses, search warrants or requests from government agencies; (e) to comply with state or federal laws requiring us to provide information regarding depositors and their accounts to governmental agencies; (f) to others with your consent, which may be given orally, in writing, by telephone, electronic or other means we recognize; (g) to companies that perform services for us in connection with your accounts and Online Banking Services, such as data processing and software companies and collection agencies.

See our separate “Privacy Notice” for more information about how we use customer information and your choices.

Email

Sending email is a very good way to communicate with us regarding your accounts or the Online Banking Services. However, unless you use the “Mail” link available through Online Banking Services after you have securely logged into the Online Banking site, your email is sent via your own software and, as a result, may not be secure. Because of this, you should not include confidential information, such as account numbers and balances, in any email sent to us using your personal email account. You cannot use email to initiate Online Banking Services transactions. All such transactions must be initiated using the appropriate functions within the Online Banking Services. We will not be liable for any errors, omissions, claims, or problems of any kind involving your email.

Links to Other Sites

Information that we publish on the Internet, through the Website or through Online Banking Services may contain links to other sites. We make no representations about any other website that you may access to, from or through the Website. Unless expressly stated in writing, we neither endorse the products or services offered by any company or person linked to the Website or through Online Banking Services nor are we responsible for any software or the content of any information published on the site of any third party. You should take precautions to protect your computer software and data from viruses and other destructive programs when downloading files through the Internet or any third-party sites.

Required Technology

You shall at all times be responsible for purchasing, installing, and maintaining the Required Technology. You are solely responsible for maintaining the Required Technology with the necessary compatibility and format to interface with our systems. You are required to comply with the minimum compatibility requirements for all Required Technology used in connection with Online Banking Services, including but not limited to those for any Required Technology that we subsequently allow to be used with Online Banking Services.

Recommended minimum user hardware and software standards for use of Online Banking Services can be found in the “Hardware and Software Requirements” section of this Agreement.

We are not responsible for your failure to use Required Technology in compliance with the minimum recommendations. We are not responsible for any liability caused or in any way arising out of the installation, use or maintenance of your personal computer hardware or software or other Required Technology, including any software provided by us or one of our suppliers or vendors.

Your Liability for Authorized Transactions

Our system supporting Online Banking Services is designed so that it may be operated only upon entry of valid Login Information. You are liable for all transactions that you make or authorize. If you have given another individual your Login Information (User ID, password and/or responses to security questions), you have authorized them to access your account information and perform any and all functions to which you have access in the Service and are liable for all transactions performed by the individual.

You understand and agree that we are unable to detect any errors by you that result from you incorrectly entering in any account number or amount in connection with a funds transfer request.

Notify us IMMEDIATELY for Unauthorized Transactions

If an unauthorized transaction is an electronic funds transfer completed using the Service, the account owner is an individual, and the account from which funds are transferred is used for personal, family or household purposes, you can lose no more than $50 if you notify us within two (2) Business Days of discovering any unauthorized use of the Service or your Login Information. However, you can lose as much as $500.00 if you do not notify us within two (2) Business Days of discovering the unauthorized transfer and we can prove that we could have prevented the unauthorized transfer had we been notified.
If (a) above is not applicable to you or your account, you are responsible for all transfers and transactions accomplished using the Service. If any persons use the Service or your Login Information, you are responsible for any transactions they authorize using the Service.

In Case of Errors or Questions about Transactions Involving Consumer Accounts

Your liability regarding unauthorized transfers and errors involving Consumer Accounts may be limited by the Electronic Funds Transfer Act and related federal regulations, as further set forth in the Electronic Funds Transfer Initial Disclosure provided to you when you opened your Consumer Account(s). You may request a copy of this notice by contacting us by one of the methods listed in the “Right to Receive Paper Copies” section of this Agreement.

We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appears or your liability may be increased. Your notice should include the following: (a) your name and account number (if any); (b) a description of the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information; (c) 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 so we can receive it within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days (20 Business Days if the transaction 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 transaction involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days (20 Business Days if the transaction 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 ten (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 (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

In Case of Errors or Questions About Transactions Involving Business Accounts

Call us at 920-885-2700 or 1-888-987-2265 or write us at American Bank, P.O. Box 438, Beaver Dam, WI 53916 as soon as you can if you think your periodic statement is wrong or if you need more information about a transaction covered by this Agreement which is listed on the statement.

Availability of Online Banking Services

We intend to make Online Banking Services available at all times. However, we only process transactions and update information on Business Days and in some instances, only those transactions initiated prior to certain cut off times on Business Days. We do not guarantee a specific delivery time with respect to any information or document on the Service. We reserve the right to modify any cut off time or deadline set forth in this Agreement by publishing notice of such modification on the bank’s Website or otherwise providing notice to you by any means set forth in this Agreement. We will use reasonable efforts to provide the information requested through the Website and the Online Banking Services in a prompt fashion but shall have no liability for failure to provide timely information or services.

You acknowledge and agree that access to Online Banking Services may be affected by local market telecommunication network activity, capacity and compatibility with third party communications equipment, Internet access, software, servers and browsers. We disclaim any and all responsibility for any defect or service interruption in connection with local market telecommunication network activity, capacity and compatibility with third-party communication equipment, Internet access, software, browsers and servers. You acknowledge and agree that there are no assurances that information transmitted over the Internet or other computer or wireless networks will be secure or confidential, and you waive any and all claims against us in connection with any such transmissions. You further acknowledge that the Internet is known to be unpredictable in its performance and may from time to time impede access to Online Banking Services. You agree that we are in no way responsible for any such difficulties you may experience as a result of attempting to transmit data over the Internet or through any computer network while using Online Banking Services, and you waive any and all claims against us in connection with such use. In such event, you shall be responsible for carrying out banking business through alternative delivery channels.

Limitation or Suspension of Online Banking Services

For security reasons, we may implement limits from time to time on the number or amount of transactions you can make using our Online Banking Services. You also agree that we may, at any time, temporarily or permanently suspend the availability of the Online Banking Services if required by Applicable Law, any governmental authority, or if we believe such suspension to be necessary for security purposes (for example, if you input incorrect Login Information and/or responses to security questions), or to prevent unauthorized use, loss, theft, fraud, or any other liability or damage to you, us, or any other person. In the event of such suspension, we may refuse to process or complete scheduled or recurring transactions initiated through Online Banking Services. In the event of suspension, we will attempt to provide you reasonable notice; however, you understand and agree that the circumstances regarding any unauthorized use, loss, theft, or fraud may dictate that notice is reasonable if given at the time of suspension or in some cases after suspension of Online Banking Services.

Our Responsibility

We, or a third party acting as our agent, are responsible for completing fund transfers and transactions on time, according to your properly entered and transmitted instructions. If we do not, we will be liable for your losses or damages. However, we will not be liable for losses or damages for incomplete or delayed transfers or transactions (a) if a Payee mishandles or delays crediting a payment sent by the Service; (b) if you do not have adequate collected funds in a deposit account to complete a transaction from the account, or if that account has been closed; (c) if you have not properly followed instructions on how to make a transfer; (d) if you have not given complete, correct and current instructions so that a transfer can be made; (e) if withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process; (f) if we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed; (g) if your equipment or the Service was not working properly and this problem should have been apparent to you or you were advised about the malfunction before you authorized a transfer or payment; (h) if circumstances beyond our control, or the control of our agent, prevent the completion of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, other interference from an outside source or natural disasters; (i) if the transfer would go over the credit limit on your Overdraft Line of Credit, if any; (j) for errors or failures from any malfunctions of your browser, Internet service provider, computer, mobile provider, mobile device, virus or other problems relating to the computer and mobile equipment you use with the Service, including, without limitation, your inability to access the Service or any part of the Service; (k) for a failure to provide access or for interruption in access to the Service due to the Service system failure (l) if other events occur beyond our reasonable control.

There may be other exceptions to our liability as stated in our deposit account agreements with you.

Limitation of Damages

Our sole responsibility for any error with respect to the Online Banking Services shall be to make reasonable efforts to correct that error.

We shall have no liability to you or any other person for any special, incidental, indirect, consequential, or exemplary damages caused by any error, act, delay or omission by us, including but not limited to, dishonor of checks or other items or expenses which you may incur or suffer by reason of this Agreement or the services we provide, whether or not the possibility or likelihood of such loss or damage or expense is known to us.

In the event you incur any loss due to our fault, our liability to you shall be limited to general money damages not to exceed the lesser of the actual damages sustained and proven by you. You are required to notify us immediately if you experience errors, acts, delays, or omissions with respect to the Online Banking Services. We shall not be liable for any liability arising from any use or disclosure of any images of documents or items by any person to whom you have directed us to provide any of such images. We shall have no liability for failing to transmit or delay in transmitting an order or transaction initiated by you if such transmittal would result in our violating any Applicable Law or any present or future risk control program of the Federal Reserve or any rule or regulation of any other regulatory authority of the United States government.

Disclaimer of Warranties

Neither we nor our suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking Services or contained in any third-party sites linked to or from the Website. The Online Banking Services are not guaranteed to be free from error or interruption. All Online Banking Services and any Required Technology provided by us are provided on an “as is” “as available” basis, and we make no representations or warranties of any kind with respect to the Online Banking Services, the Website, or any Required Technology. We disclaim all such representations and warranties, whether express, implied or statutory, including, without limitation, all warranties of merchantability and fitness for a particular purpose. We shall have no liability for any claim, loss, or damage relating to any Required Technology, including but not limited to, a failure to perform in the manner for which it was intended or designed. You are responsible for taking appropriate precautions against damage to you which could be caused by interruptions or malfunctions of the Online Banking Services or Required Technology, and you assume the risk of such occurrences.

Representations & Warranties of Customer

You hereby represent and warrant to Bank that (a) you and any representative entering into this Agreement on your behalf have full power and authority (including full corporate, limited liability company, or other entity power and authority) to enter into this Agreement and to perform your obligations pursuant to this Agreement; (b) the creation and performance of this Agreement have been duly authorized by you; (c) each Person who may enter into this Agreement on your behalf has all necessary legal capacity and authority; and (e) this Agreement constitutes the valid and legally binding obligation on you enforceable in accordance with its provisions, except to the extent enforcement may be limited by (i) bankruptcy, insolvency, moratorium, or other similar laws generally affecting the rights of creditors; (ii) general principles of equity; and (iii) the exercise of judicial discretion.

Indemnification of Bank by Customer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND US, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED IN ANY MANNER TO: (A) YOUR NEGLIGENCE; (B) YOUR FAILURE TO COMPLY WITH APPLICABLE LAW; (C) ANY TRANSACTIONS OR ATTEMPTED TRANSACTIONS COVERED BY THIS AGREEMENT FROM A BUSINESS ACCOUNT; OR (D) YOUR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. If any of the accounts are consumer accounts, the foregoing provision may be limited to the extent required by applicable law, including the electronic funds transfer act and related federal regulation.

Governing Law and Venue

Regardless of where you live or work or wherever you access our Online Banking Services, this Agreement is subject to the internal law of the State of Wisconsin and the federal law of the United States of America. If any of the terms of this Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with Applicable Law. Any litigation among the Parties arising out of or relating to this Agreement or the transactions contemplated by this Agreement shall be brought in the courts of the State of Wisconsin in the County of Dodge. Each Party irrevocably, unconditionally and absolutely submits to the jurisdiction of such courts, and each Party irrevocably, unconditionally and absolutely waives any objection to venue or to convenience of forum.

Remedies

Due to the likelihood of irreparable injury, we shall be entitled to an injunction prohibiting any breach of this Agreement by you. To the extent permitted under Applicable Law, the remedies provided to you in this Agreement shall be exclusive of any remedies otherwise available to you pursuant to Applicable Law.

Severability

Each provision of this Agreement shall be severable from all other provisions of this Agreement. If any provision of this Agreement shall be determined to be invalid or unenforceable in any litigation among the Parties, such provision shall be deemed to be amended to the extent necessary to render this Agreement valid and enforceable, and the remaining provisions of this Agreement shall be valid and enforceable.

Transfer of Rights and Obligations under This Agreement

This Agreement and your rights and obligations pursuant to this Agreement may not be assigned, delegated, or otherwise transferred to any person without our written consent in our sole and absolute discretion. Any assignment, delegation or other transfer of this Agreement or any of your rights or obligations pursuant to this Agreement shall not release you from any of the provisions of this Agreement.

We may transfer all or any part of this Agreement without notice to or consent from you. In connection with any transfer by us, you hereby irrevocably consent to the disclosure of information pertaining to you and this Agreement in connection with such transfer. You acknowledge that we have not made any representation, warranty, or covenant to you with respect to the transfer of all or any part of this Agreement. Any transfer by us of this Agreement shall release us from any further liability to you whatsoever. You shall indemnify and hold us harmless from and against all liabilities arising out of any transfer of all or any part of this Agreement.

Waiver

The provisions of this Agreement may be waived only by a subsequent written agreement executed by us. Any delay or inaction by us shall not be construed as a waiver of any of the provisions of this Agreement. A waiver of any provision of this Agreement by us: (a) shall not be construed as a waiver of any other provision of this Agreement; (b) shall be applicable only to the specific instance and for the specific period in which the waiver may be given; (c) shall not be construed as a permanent waiver of any provision of this Agreement unless otherwise agreed by us in a subsequent written agreement executed by us; (d) shall not affect any right or remedy available to us; (e) Shall be subject to such terms and conditions as provided in a subsequent Agreement executed by us.

Termination

This Agreement, as amended from time to time, will stay in effect until it is amended or terminated. Either Party may terminate this Agreement by providing written notice thereof to the other Party. We will ordinarily send you notice of any termination, but we are not required to do so unless Applicable Law requires such notice. Once we terminate this Agreement, no further or pending transfers will be made, including but not limited to, any transfers scheduled in advance or any preauthorized recurring transfers. Termination shall be effective as to prospective transactions only, and shall not alter your rights or the bank’s rights as to transactions prior to the effective date of termination.

You may terminate this Agreement at any time by notifying us in writing. However, in the event you terminate this Agreement, any instructions from you to make transfers will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further or pending transfers will be made, including but not limited to, any transfers scheduled in advance or any preauthorized recurring transfers. Access to account information and other functions of the Service will also cease upon your termination of this Agreement.

Online Banking Service Agreement-Business

This Business Online Banking Services Agreement (“Agreement”) states the terms and conditions that apply when you use American Bank’s Online Banking Services. These terms and conditions are in addition to those that otherwise apply to any accounts you have with us or any other services by us for you. You must also follow all of our instructions, procedures and policies applicable to Online Banking Services.

EXPLANATION OF CERTAIN TERMS

“Agreement” means this Electronic Consent and Online Banking Services Agreement and any amendments made in accordance with the provisions of this Agreement.
“Applicable Law” means the constitutions, statues, codes, ordinances, rules, regulations, orders, decisions, judgments and decrees of any governmental authority of the State of Wisconsin and any other governmental authority having jurisdiction over the Parties.
“Bank,” “we,” “us” and “our” mean American Bank and any other person or legal entity whom we designate to provide Online Banking Services.
“Business Account” means an account that is not a Consumer Account.
“Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
“Consumer Account” means an account established primarily for personal, family or household use.
“Customer,” “you” and “your” mean an individual person or business entity that we permit or they permit to use Online Banking Services.
“Master User” shall mean and refer to the individual designated by you to be responsible for supervising use of the Website and the Online Banking Services.
“Online Banking Services,” “Online Banking” and “Service” shall mean and refer to such services provided by the Bank from time to time through the website or through any Required Technology. Such services may include but are not limited to: Online Account Services, Funds Transfer Services, Mobile Banking Services, Online Statement Services, Stop Payment Services and Bill Pay Services.
“Party” means one or more of you and us.
“Required Technology” means the computer and communications hardware, software, web internet access, communications services, or other technology necessary to access and use Online Banking Services in accordance with this Agreement.
“Security Devices and Procedures” shall mean and refer to any User ID, password, mobile access code, authorization number, confidential information, encryption key, token, confirmation or tracking number, method protocol, or any other information, control identifier, document, program, mechanism, or procedure used to gain access to, verify, or protect the security and operations of the Website, the Online Banking Services, or other sensitive information.
“Sub-User” shall mean and refer to any one or more individuals authorized to use the Website or Online Banking Services by the Master User.
“Website” shall mean www.americanbankbd.com and any internal web page linked from the foregoing site and established and maintained by American Bank. The term “Website” shall not include any website not controlled and maintained by American Bank.

ONLINE BANKING SERVICES AGREEMENT

When you use our Service or you permit any other person to use our Service, you agree to the terms and conditions we have set out in the Agreement. Please refer to the online help and instructions on how to use our Online Banking Services. Such instructions are part of this Agreement. Please note, during your use of the Online Banking Services, we may provide you with additional requirements and limitations regarding the use of services through the system by which we provide Online Banking Services. You agree to be bound by any and all such additional requirements and limitations. You also agree to be bound by any and all of our published policies and procedures, whether published on the Website, through the Service, or otherwise. Any and all such policies and procedures shall be a part of this Agreement.

Account Access

To have access to the Online Banking Services, you must have at least one eligible deposit or credit account with us. Eligible Consumer Accounts or Business Accounts include Checking, Savings, Money Market Deposit Account, Certificate of Deposit (CD), Installment Loan, Commercial Loan, Mortgage Loan, Line of Credit.

Access Codes

Master User and Sub-Users

You must designate one (1) Master User. We may require such designation to be in writing. Your designation of the Master User may be amended or revoked from time to time by sending written notice to us at least seven (7) days prior to the effective date of any such amendment or revocation. The Master User shall be authorized to act on behalf of you with regard to the Website and Online Banking Services.

The Master User may designate individuals as Sub-Users if such individuals are over the age of eighteen (18) years old. You and the Master User will be responsible for establishing adequate internal security procedures relating to your use of the Website and Online Banking Services, accepting delivery of software, system-wide configuration of bank accounts, establishing levels of authority of Sub-Users, and establishing and distributing Security Devices and Procedures. You will be bound by and responsible for the actions of the Master User and all Sub-Users with respect to the Website and the Online Banking Services. The Master User will also be responsible for all use of the Online Banking Services by Sub-Users. You agree that the authority given to a Sub-User by designation of such Sub-User by the Master User will supersede any conflicting provision in any agreement between you and us to the extent such provision would limit or restrict the authority given to such Sub-User by the Master-User.

You hereby represent, warrant, and covenant, as of the date of this Agreement and upon designation of each Sub-User, that (a) you have investigated any and all Sub-Users as much as you deem necessary, and you have made an informed decision to designate such Sub-Users; (b) all Sub-Users are able to properly use any and all Security Devices and Procedures, the Website, and the Online Banking Services; and (c) none of the Master User, the Sub-Users, or your employees are a national of a designated blocked country or “Specially Designated National”, “Blocked Entity”, “Specially Designated Terrorist”, “Specially Designated Narcotics Trafficker”, or “Foreign Terrorist Organization”, as defined by the United States Office of Foreign Assets Control.

YOU HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY IN ANY WAY RELATED TO THE ACTIONS OF THE MASTER USER AND ANY AND ALL SUB-USERS WITH RESPECT TO ONLINE BANKING SERVICES.

In the event you want to remove or limit the authority of a Sub-User, the Master User may login to the Online Banking Services and modify the authorization designations applicable to such Sub-User. You also may call Customer Service at 920-885-2700 or 1-888-987-2265 or write us at American Bank, ATTN: Customer Service, P.O. Box 438, Beaver Dam, WI 53916 to request we remove or modify a Sub-User’s authority to use Online Banking Services. However, any time you request to remove or limit the authority of a Sub-User, we must be provided a reasonable time before any such modifications may be made.

Types of Online Banking Services

The following are the types of Online Banking Services we may provide under this Agreement:

Account Information. We may allow you to obtain an overview and history of your accounts with our Service. You may also view recent online and other account activity for your accounts and send secure messages to us requesting account information or making other inquiries. Other features we may offer through Online Banking Services are allowing you to change the way information is displayed through the Service, change your password and Login Information, set automated alerts for certain events occurring with respect to your accounts and view your periodic statements and other documents.
Internal Transfers and Payments. You may request funds transfers to and from certain of your deposit and loan account(s) with us. By entering one-time or recurring transfer requests into the Service, you authorize us to process transfers in accordance with the requests that are made. You must have a sufficient available balance or credit in any account from which you instruct us to make a transfer. All transfers must be in U.S. dollars. Each transfer and loan payment request will be posted to the accounts involved on the Business Day on which the transfer is completed. Each transfer or loan payment made on a non-Business Day or after our Online Banking cut-off time on any Business Day will be considered initiated on the following Business Day. Our Online Banking cut-off time is 7:00 p.m. Central Standard Time (CST).
E-Statements. Receive electronic periodic statements for your account(s). Consent to receive periodic statements and agreement with the Electronic Delivery Terms and Conditions is required in order to receive them electronically.
Account Alerts. Automatic Alerts are sent to you following certain changes you make using tabs within the Service, such as a change in your Email address, or Login Information. Other Account Alerts are sent to you when your account(s) has an event for which you request an Alert via the “Alerts” link located under the “Account Services” Tab on the Home Page within the Service At this time, we are able to send Alerts via text message and email. Alerts will be sent to users at the current email address or text message number designated in the “Profile” section of the Service. If a user’s email address or number for receiving Alerts changes, the user must change the information within the system. You understand and agree that Alerts may be delayed or prevented by a variety of factors. We do our best to provide Alerts in a timely manner with accurate information. We do not guarantee delivery or occurrence of any Alert. You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any Alert, for errors in the content of an Alert, or for any actions taken or not taken by you or any third party in reliance on the Alert.
Stop Payment Services. We may allow you to initiate stop payment requests on checks through our Online Banking Services. You may place a stop payment on any check you have written that has not already been presented for payment. The information on the stop payment request must precisely identify the check number, date, payee, and amount of the check. If you do not give complete, exact information, we assume no responsibility for stopping payment. A stop payment order is effective for six (6) months unless renewed through Online Banking or in writing before the expiration of the six (6) months. If the stop payment request is not renewed before the expiration date, it will automatically terminate, and the Bank is free to pay the check. In such an instance, you hereby agree to waive any and all claims against us with respect to the stop payment request or the check and you further agree to indemnify and hold us harmless with regard to any and all claims involving the stop payment request and the applicable check. You agree to pay a stop payment fee identified in our current Schedule of Fees and Charges, as may be amended from time to time, for each new stop payment request and each renewal of a stop payment request processed through Online Banking.
ACH Transfer Services. Subject to approval by us and conditioned upon signing a separate ACH Origination Agreement, businesses may initiate funds transfer by means of the Automated Clearing House Network.
Wire Transfers. Subject to approval by us and conditioned upon signing a separate Wire Transfer Agreement, you may send payment orders to us to wire funds out of your accounts, to your accounts or third-party accounts, outside of the Bank.
Data Download. Subject to specific instructions provided to you by the Service, you may download certain account data to your computer. We are not responsible for importing the account data into your hardware or software and make no representations regarding the compatibility or importability of the data with or into your hardware or software. Contact your hardware or software vendor for assistance with these issues.

Additional Services

The available services may change from time to time at our sole discretion and the Online Banking Services site updated accordingly.

Fees and Expenses

Transfers Involving Insufficient Funds

Privacy

See our separate “Privacy Notice” for more information about how we use customer information and your choices.

Email

Email Address Changes

You must promptly notify us of any change in email addresses for you, the Master User and all Sub-Users. Email addresses may be updated on Online Banking Services, by calling Customer Service at 920-885-2700 or 1-888-987-2265, or contacting us through the secure mail link in Online Banking.

Links to Other Sites

Information that we publish on the Internet, through the Website, or through Online Banking Services may contain links to other sites. We make no representations about any other website that you may access to, from or through the Website. Unless expressly stated in writing, we neither endorse the products or services offered by any company or person linked to the Website or through Online Banking Services nor are we responsible for any software or the content of any information published on the site of any third party. You should take precautions to protect your computer software and data from viruses and other destructive programs when downloading files through the Internet or any third-party sites.

Required Technology

The following are recommended minimum user hardware and software standards for use of Online Banking Systems:

Standard PC or Mac (1.8 GHz processor minimum, 2.5 GHZ processor recommended)
Microsoft Windows 7, Vista with SP2
A web browser that supports 128-bit encryption or higher
- Internet Explorer 8 or higher
- Mozilla Firefox
- Google Chrome
- Safari 5.1.7 or higher
- Adobe Acrobat Reader Versions 9.x and 10.x

Bank Security Devices and Procedures

We will control access to the Online Banking Services through the use of Security Devices and Procedures we establish and amend from time to time. You are required to comply with all Security Devices and Procedures required by us or this Agreement. We reserve the right to reject any transaction or service request that is not made in accordance with our required Security Devices and Procedures. You acknowledge that our required Security Devices and Procedures shall be deemed commercially reasonable in all respects. You are required at all times to use a web browser that supports 128-bit SSL minimum encryption. You are also required to change passwords for the Master User and each Sub-User on a regular basis no less frequent than every 180 days. You are prohibited from using your computer, browser, or other Required Technology to store passwords, passcodes, or Security Devices and Procedures used to authorize or authenticate your use of Online Banking Services. In the event you fail to change passwords in accordance with this Agreement, our liability to you or any third party for any loss or damage resulting from, or arising out of, your failure to change passwords may be limited or discharged pursuant to this Agreement or Applicable Law. You understand that our required Security Devices and Procedures are not for the purpose of detecting errors in transmission or content of a payment order or other request not initiated by us. You acknowledge that anyone with knowledge of the Security Devices and Procedures will be able to use Online Banking Services and act on your behalf. You are required to inform all Sub-Users that Security Devices and Procedures should not be shared with any person and maintain a secure environment to ensure against unauthorized use, including but not limited to, securing physical access to the terminals or devices used for services when the Master User or a Sub-User has logged on to Online Banking Services. Due to emerging technologies and ensuing changes in Security Devices and Procedures, we reserve the right to supplement or amend our Security Devices and Procedures from time to time upon reasonable notice to you as published on the Website or otherwise. If we shall in good faith believe that changes in our Security Devices and Procedures shall be immediately necessary to reduce the risk of unauthorized use, we may initiate such changes immediately and give notice to you as soon as practicable. You acknowledge and agree that, notwithstanding anything to the contrary set forth in any agreement, in matter of unauthorized use, reasonable notice may be less than one day or even, in some cases, notice after the fact.

We will issue Security Devices and Procedures to the Master User. It is your responsibility to ensure that Security Devices and Procedures are provided only to persons you authorize. You represent to us that the Master User and each Sub-User (to the extent such Sub-User has been given the ability through Online Banking Services to initiate transactions) has general authority from you to give us instructions to perform transactions using our Online Banking Services.

Each person using the Security Devices and Procedures issued to you may have the ability to: (a) make transfers from qualifying accounts, regardless of the dollar amount of the transaction; (b) make transfers regardless of whether he/she is otherwise an authorized signer or an obligor on any accounts that are accessed; (c) obtain information about accounts we make available on Online Banking Services; (d) obtain other services or perform other transactions that we authorize or allow; and (e) allow anyone else to use those Security Devices and Procedures to make transfers or obtain information or other services.

None of our employees or employees of our affiliates will contact you via telephone or email requesting your access codes. If you are contacted by anyone requesting this information, please contact us immediately at 920-885-2700 or 1-888-987-2265.

Customer Security Devices and Procedures

In addition to the Security Devices and Procedures required by us, you are required to establish and maintain internal Security Devices and Procedures sufficient to prevent any unauthorized use, including but not limited to (a) running antivirus software before transmitting data to us or to or through the Website; (b) maintaining the security of your internal communications networks, and (c) ensuring a secure physical environment when using Online Banking Services. You understand and agree that your failure to do so may result in unauthorized use.

Your Liability for Authorized Transactions

Our system supporting Online Banking Services is designed so that it may be operated only upon entry of valid Login Information. You are liable for all transactions that you make or authorize. If you have given another individual your Login Information (User ID, password, Security Device, and/or responses to security questions), you have authorized them to access your account information and perform any and all functions to which you have access in the Service and are liable for all transactions performed by the individual.

You understand and agree that we are unable to detect any errors by you that result from you incorrectly entering in any account number or amount in connection with a funds transfer request.

Notify us IMMEDIATELY for Unauthorized Transactions

You should notify us AT ONCE at 920-885-2700 or 1-888-987-2265 if you believe your Login Information has been lost, stolen, or otherwise compromised or used without your authorization. Telephoning us right away is the best way to keep your possible losses down. You are responsible for all transfers and transactions accomplished using the Service. If any persons use the Service or your Login Information, you are responsible for any transactions they authorize using the Service.

Unauthorized Use

YOU SHALL NOT PERMIT ANY UNAUTHORIZED USE. YOU ARE REQUIRED TO PROMPTLY NOTIFY US IN WRITING OR BY CALLING CUSTOMER SERVICE AT 920-885-2700 OR 1-888-987-2265 IF YOU HAVE ACTUAL KNOWLEDGE THAT THE SECURITY OF THE WEBSITE OR THE ONLINE BANKING SERVICES HAS BEEN COMPROMISED OR THAT THERE HAS BEEN ANY UNAUTHORIZED USE. YOU, THE MASTER USER, AND EACH SUB-USER, AND ANY OF YOUR OTHER AGENTS OR EMPLOYEES SHALL MAINTAIN THE HIGHEST POSSIBLE LEVEL OF CONFIDENTIALITY WITH REGARD TO ALL SECURITY DEVICES AND PROCEDURES. YOU ARE REQUIRED TO TAKE ALL STEPS NECESSARY TO PREVENT ACCESS TO SECURITY DEVICES AND PROCEDURES BY UNAUTHORIZED PERSONS. WE SHALL HAVE NO LIABILITY FOR YOUR INTERNAL SECURITY DEVICES AND PROCEDURES, AND YOU ASSUME FULL RESPONSIBILITY FOR (A) MAINTAINING THE CONFIDENTIALITY OF THE SECURITY DEVICES AND PROCEDURES; (B) THE ACTIONS OF ALL PERSONS USING THE SECURITY DEVICES AND PROCEDURES ISSUED TO YOU; AND (C) ALL UNAUTHORIZED USE. YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY AND ALL LIABILITIES ARISING OUT OF ANY UNAUTHORIZED USE. YOU SHALL BE BOUND BY ANY USE OF THE ONLINE BANKING SERVICES THAT IS PROCESSED BY US IN COMPLIANCE WITH OUR REQUIRED SECURITY DEVICES AND PROCEDURES WHETHER AUTHORIZED OR RESULTING FROM UNAUTHORIZED USE, INCLUDING BUT NOT LIMITED TO ANY PAYMENT ORDER SENT IN THE NAME OF THE CUSTOMER.

Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the login information, passwords, or other Security Devices and Procedures that were used to perform the transaction, and we have had a reasonable opportunity to do so.

In Case of Errors or Questions About Transactions Involving Business Accounts

Availability of Online Banking Services

You acknowledge and agree that access to Online Banking Services may be affected by local market telecommunication network activity, capacity and compatibility with third party communications equipment, Internet access, software, servers, and browsers. We disclaim any and all responsibility for any defect or service interruption in connection with local market telecommunication network activity, capacity and compatibility with third party communication equipment, Internet access, software, browsers and servers. You acknowledge and agree that there are no assurances that information transmitted over the Internet or other computer or wireless networks will be secure or confidential, and you waive any and all claims against us in connection with any such transmissions. You further acknowledge that the Internet is known to be unpredictable in its performance and may from time to time impede access to Online Banking Services. You agree that we are in no way responsible for any such difficulties you may experience as a result of attempting to transmit data over the Internet or through any computer network while using Online Banking Services, and you waive any and all claims against us in connection with such use. In such event, you shall be responsible for carrying out banking business through alternative delivery channels.

Limitation or Suspension of Online Banking Services

Our Responsibility

There may be other exceptions to our liability as stated in our deposit account agreements with you.

Limitation of Damages

Our sole responsibility for any error with respect to the Online Banking Services shall be to make reasonable efforts to correct that error.

WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES CAUSED BY ANY ERROR, ACT, DELAY OR OMISSION BY US, INCLUDING BUT NOT LIMITED TO, DISHONOR OF CHECKS OR OTHER ITEMS OR EXPENSES WHICH YOU MAY INCUR OR SUFFER BY REASON OF THIS AGREEMENT OR THE SERVICES WE PROVIDE, WHETHER OR NOT THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSS OR DAMAGE OR EXPENSE IS KNOWN TO US.

In the event you incur any loss due to our fault, our liability to you shall be limited to general money damages not to exceed the lesser of the actual damages sustained and proven by you. You are required to notify us immediately if you experience errors, acts, delays, or omissions with respect to the Online Banking Services. We shall not be liable for any liability arising from any use or disclosure of any images of documents or items by any person to whom you have directed us to provide any of such images. We shall have no liability for failing to transmit or delay in transmitting an order or transaction initiated by you if such transmittal would result in our violating any Applicable Law, or any present or future risk control program of the Federal Reserve or any rule or regulation of any other regulatory authority of the United States government.

Disclaimer of Warranties

NEITHER WE NOR OUR SUPPLIERS WARRANT THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AS A PART OF ONLINE BANKING SERVICES OR CONTAINED IN ANY THIRD-PARTY SITES LINKED TO OR FROM THE WEBSITE. THE ONLINE BANKING SERVICES ARE NOT GUARANTEED TO BE FREE FROM ERROR OR INTERRUPTION. ALL ONLINE BANKING SERVICES AND ANY REQUIRED TECHNOLOGY PROVIDED BY US ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ONLINE BANKING SERVICES, THE WEBSITE, OR ANY REQUIRED TECHNOLOGY. WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL HAVE NO LIABILITY FOR ANY CLAIM, LOSS, OR DAMAGE RELATING TO ANY REQUIRED TECHNOLOGY, INCLUDING BUT NOT LIMITED TO, A FAILURE TO PERFORM IN THE MANNER FOR WHICH IT WAS INTENDED OR DESIGNED. YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOU WHICH COULD BE CAUSED BY INTERRUPTIONS OR MALFUNCTIONS OF THE ONLINE BANKING SERVICES OR REQUIRED TECHNOLOGY, AND YOU ASSUME THE RISK OF SUCH OCCURRENCES.

Representations & Warranties of Customer

Indemnification of Bank by Customer

Governing Law and Venue

Remedies

Severability

Transfer of Rights and Obligations under This Agreement

Waiver

Termination

This Agreement, as amended from time to time, will stay in effect until it is amended or terminated. Either Party may terminate this Agreement by providing written notice thereof to the other Party. We will ordinarily send you notice of any termination, but we are not required to do so unless Applicable Law requires such notice. Once we terminate this Agreement, no further or pending transfers will be made, including but not limited to, any transfers scheduled in advance or any preauthorized recurring transfers. Termination shall be effective as to prospective transactions only and shall not alter your rights or the bank’s rights as to transactions prior to the effective date of termination.

Mobile Banking Terms and Conditions

Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by American Bank of Beaver Dam (“Financial Institution”) combined with your phone's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

Terms and Conditions:

Program: Financial Institution offers their customers mobile access to their account information (e.g. for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g. low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.

Questions: You can contact us at banking@americanbankbd.com or 920-885-2700 or send a text message with the word "HELP" to this number: 31727. We can answer any questions you have about the program.

To Stop the Program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 31727. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Availability: The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Financial Institution or any service provider.

Account Ownership/Accurate Information: You represent that you are the legal owner of the accounts and other financial information which may be accessed via American Bank BD Mobile Banking (“Mobile Banking”). You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. 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 Mobile Banking.

Security: You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking 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 Mobile Banking, 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 Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.

Changes or Cancellation: You may cancel your participation in Mobile Banking by deregistering your Device on your Online Banking Account or by calling our Customer Service Department at 920-885-2700. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking services. You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.

Indemnification: Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless American Bank, 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 attorneys’ fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, file, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party.

Privacy and User Information: You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license but disclaim any obligation to monitor, filter or edit any content.

Restrictions on Use: You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g. beer, wine, or liquor), tobacco-related (e.g. cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g. firearms, bullets), illegal drugs-related (e.g. marijuana, cocaine), pornographic-related (e.g. adult themes, sexual content), crime-related (e.g. organized crime, notorious characters), violence-related (e.g. violent games), death-related (e.g. funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g. casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Use of Google Maps: You agree to abide by (1) the Google terms and conditions of use found at maps.google.com/help/terms_maps.html and (2) the Google Legal Notices found at www.google.com/intl/en-us/help/legalnotices_maps.html, or other URLs as may be updated by Google.

Mobile Deposit Service Agreement

This Agreement establishes the terms and conditions which govern your use of the Mobile Deposit Service (“Mobile Deposit”) made available through Mobile Banking. When you use Mobile Deposit or you permit any other person to use Mobile Deposit, you agree to the terms and conditions we have set out in this Agreement and any instructional material we provide to you regarding Mobile Deposit. This Agreement supplements other agreements between us, including, without limitation, your checking, savings, and other deposit account rules and agreements (“Account Opening Disclosures”), as well as the Online Banking and Mobile Banking Agreements. Except as otherwise provided in this Agreement, if there is a conflict between the provisions of this Agreement and the Account Opening Disclosures, this Agreement will control as to any conflict relating to Mobile Deposit and access to your accounts via the Internet using a computer or mobile device. In the event of a conflict between the terms and conditions of the Agreement and the Online Banking and Mobile Banking Agreements, this Agreement will control as to any issue relating to Mobile Deposit.

As used in this Agreement, the words “you” and “your” refer to each owner or authorized representative of a deposit account using the Mobile Deposit Service; the words “we,” “us,” “our,” and any other variation thereof refer to American Bank, including our directors, officers, employees, contractors, service providers, agents or licensees, “Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed. By clicking the “Accept” button or by using or continuing to use the Mobile Deposit Service, you agree to this Agreement.

General Description of the Mobile Deposit Service. Our Mobile Deposit Service allows you to make mobile deposits (“Mobile Deposit” and collectively “Mobile Deposits”) to your American Bank deposit accounts (except Individual Retirement Accounts and Health Savings Accounts) (“Deposit Account” and collectively “Deposit Accounts”). Mobile deposits may be made to your Deposit Accounts by using a supported camera-enabled Mobile Device with our Mobile Banking Software to capture electronic images of paper checks and to transmit such images and other information required hereby to us or our designated processor (“Processor”). You acknowledge and agree that a Mobile Deposit made by you using the Mobile Deposit Service is not an “Electronic Funds Transfer” as that term is defined in Federal Reserve Board Regulation E. The terms “us,” “our,” and “Processor” may be used interchangeably when used in relation to any services performed by a Processor on our behalf including, but not limited to, the receipt and processing of images and check data and any notices related thereto. The Mobile Device must capture an image of the front and back of each check (“Check Images”) to be deposited in accordance with the procedures outlined in this Agreement and any instructions provided to you within our Mobile Banking Software (“Procedures”). After capture of the Check Images and all other required data and information from the paper Check, you will transmit for Mobile Deposit the Check Images and all other required data and information from or pertaining to the Check to us or Processor using the Software installed on your Mobile Device. Subject to compliance with the terms, provisions and conditions of this Agreement, we will process Check Images of the Check into the collection process, in accordance with the provisions of our then current Deposit Account Agreement and Disclosure (“Account Documentation”) pertaining to the Deposit Account into which the Mobile Deposit is to be made. You acknowledge and agree that we may discontinue, and/or change the terms of the Mobile Deposit Service or any related content, features, products or services associated therewith, at any time without notice or liability to you or any third party except as required by law.
Hardware and Software. You understand you must, and hereby agree to, at your sole cost and expense, use a mobile device that meets all technical requirements for the proper delivery of Mobile Deposit and that fulfills your obligation to obtain, and maintain, secure access to the Internet (“Mobile Device”). You understand and agree you may also incur, and shall pay, any and all expenses related to the use of Mobile Deposit, including, but not limited to, telephone service or Internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of Mobile Deposit. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, applications and services used in connection with Mobile Deposit and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended testing, maintenance, repairs, upgrades and replacements. We are not responsible for, and you hereby release us from any and all claims or damages resulting from, or related to, any virus or related problems that may be associated with using electronic mail or the Internet. We are not responsible for, and you hereby release us from any and all claims or damages resulting from, or related to, defects in or malfunctions of your Mobile Device, software or applications, or failures of or interruptions in any telephone or Internet services. We hereby advise you, and you hereby agree to scan your Mobile Device and applications on a regular basis using a reliable virus detection product in order to detect and remove viruses.
Checks Deposited and Security Interest. When using the Mobile Deposit Service, you hereby agree that you will only scan and deposit a check as that term is defined in Federal Reserve Board Regulation CC. You agree that when an image of the check transmitted to us (each “Check” and, if more than one, “Checks”) 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. When used in this Agreement the term “Check” also refers to the Image and is considered an “item” as used in Articles 3 and 4 of the Uniform Commercial Code. You cannot deposit money orders, U.S. Savings Bonds, or charge card convenience checks using the Mobile Deposit Service. You agree that you will not use the Mobile Deposit Service to deposit any Checks that:
1. are payable to any person or entity other than the Deposit Account owner,
2. are prohibited by our then current procedures pertaining to the Mobile Deposit Service or are in violation of any law, rule or regulation,
3. evidence alteration or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Checks are drawn,
4. have been previously endorsed by a bank (or other institution) and are either “substitute checks” (as defined in Regulation CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without our prior written consent,
5. are drawn on financial institutions that are located outside of the United States or territories of the United States.
6. are not payable in U.S. Dollars,
7. are not acceptable to us for deposit into a Deposit Account as provided in the Account Documentation
8. are payable jointly, unless deposited into an account in the name of all payees
9. are remotely created checks, as defined in Regulation CC,
10. are dated more than six (6) months prior to the date of deposit,
11. have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution,
12. have been dishonored or returned to you unpaid for any reason.
  
  Checks described in clauses (1) through (12) are each a “Prohibited Check” and collectively, “Prohibited Checks.” If you deposit a Prohibited Check, you agree to indemnify and reimburse us for, and hold us harmless from and against, any and all losses, costs and expenses (including reasonable attorney fees) we may incur associated with any warranty, indemnity or other claim related thereto. You grant us a security interest in all Deposit Accounts or other deposits (whether general or special) of yours at American Bank, and in all funds in such Deposit Accounts or other deposits, to secure your obligations to us under this Agreement. This security interest will survive termination of this Agreement.
Scanning of Checks and Transmission of Check Images. You shall properly use all Software required by this Agreement or otherwise, required for or related to, the use of the Mobile Deposit Service. Before capturing a picture of the Check Images, you shall endorse the Check with your Signature and write “For Mobile Deposit Only” immediately below your Signature or as we may otherwise require. A check payable to two payees must be endorsed by both payees and deposited into an account in the name of both payees. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. Once you have endorsed the Check, you shall then capture the Check Images of the Check to be deposited via Mobile Deposit and transmit the Check Images and any other required data and information from or pertaining to such Check to us or the processor in accordance with the Procedures. We reserve the right to amend the Procedures, with or without prior notice to you. To ensure accuracy, you shall key the amount of each Check and any other information required using the Software prior to transmitting the Mobile Deposit in accordance with the Procedures.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of Mobile Deposits that you can transmit using the Mobile Deposit Service and to modify such limits from time to time (collectively defined as the “Limits”). If we modify the established deposit limits and/or restrictions, we will notify you at least 30 days prior to the effective date of the modification. Your continued use of Mobile Deposit after such notification shall constitute your agreement to the modification. The Mobile Deposit Service will not permit you to deposit any Check that is an amount greater than $2,000.00. There is a daily deposit limit of $2,500.00. You may send multiple Mobile Deposits to us throughout the day, not to exceed the Limits. Requests for modification of individual Mobile Deposit user’s daily deposit and per-check limits are evaluated on case-by-case basis.
Cut-Off Times and Availability of Funds. If we receive the Image of a Check on or before 5:00 p.m. Central Standard Time (“Cut-Off Time”) on a Business Day, we will consider that day the day of deposit. If we receive the Image of a Check after the Cut-Off Time, on a weekend, or on a non-Business Day, we will consider the next Business Day as the day of deposit. Funds deposited using the Mobile Deposit Service will generally be made available the same day as your deposit, although there may be delays in availability of funds and we are not responsible for any loss, costs or fees that you may incur as a result of any such delay. A Mobile Deposit is considered received by us when a complete copy of the Mobile Deposit has been written on our electronic storage device in conformity with our technical and operational requirements. To meet the Cut-Off Time, the entire Mobile Deposit must be received by us prior to the Cut-Off Time, and the Mobile Deposit must successfully pass the edits for conformity with the technical requirements. For purposes of determining when a Mobile Deposit has been delivered and received, our records shall be determinative. We reserve the right to change the number of Mobile Deposits that may be transmitted in a day and the Cut-Off Time. All such changes shall be effective immediately and may be implemented prior to your receipt of notice. You may contact us at 920-885-2700 or 1-888-987-2265 during normal business hours to verify the current number of Mobile Deposits that may be transmitted in a day, the applicable deposit limit and the Cut-Off Time.
Maintenance and Destruction of Original Check. You shall mark original Checks deposited using the Mobile Deposit Service to indicate the Checks were deposited using Mobile Deposit and the date of deposit. All original Checks are to be securely stored for a period of fourteen (14) days after you transmitted the item (“Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only you shall have access to original Checks, (b) the information contained on such Checks shall not be disclosed, (c) such Checks will not be duplicated or scanned more than one time and (d) such Checks will not be deposited or negotiated in any form. You will promptly (but in all events within 5 Business Days) provide any retained Check (or, if the Check is no longer in existence, a replacement Check or a sufficient copy of the front and back of the Check) to us as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any Check. If not provided in a timely manner, such amount will be reversed from your Deposit Account. After the Retention Period expires, if you have verified that the funds have been credited to your Deposit Account, you agree to destroy the original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original Check, the image will be the sole evidence of the original Check. You hereby indemnify us for, and hold us harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the destruction of original Checks by you.
Image and MICR Quality. Check Images of each Check shall be of such quality that the following information can clearly be read and understood by sight review of such Check Images:
1. The amount of the Check;
2. The payee of the Check;
3. The signature of the drawer of the Check;
4. The date of the Check;
5. The Check number;
6. The information identifying the drawer and the paying bank (or other institution) that is preprinted on the Check, including the magnetic ink character recognition (“MICR”) line; and
7. All other information placed on the Check prior to the time the Check Images of the Check are captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check.
  
  You shall ensure the Check Images transmitted to us include the full-field MICR encoding on each Check. You shall be responsible for the inspection of all Check Images to ensure the legibility of the Check Image including without limitation the dollar amount and signature of the person who signed the Check (the “drawer”), and for ensuring that any and all information on a paper Check is accurately captured and legible in the resulting Check Image and otherwise complies with any Check Image quality standards and guidelines that may be established by American National Standards Institute, the Board of Governors of the Federal Reserve or any other regulatory agency, clearing house or association. You acknowledge that current image technology may not capture all security features (e.g. watermarks) contained in the original paper checks and agree to assume any and all losses resulting from claims based on security features that do not survive the image process.
Receipt of Mobile Deposit. You agree that you shall be solely liable for, and we shall not have any liability whatsoever to you for, any Mobile Deposit or Check Images or other information contained therein that are not received by us in accordance with the terms of this Agreement or for Mobile Deposits or Check Images or other information contained therein that are intercepted or altered by an unauthorized third party. You agree that we have no obligation to accept a Mobile Deposit and, therefore, may reject any Deposit or Check Images or other information contained therein submitted by you. We shall have no liability to you for the rejection of a Mobile Deposit or Check Images or other information contained therein or for the failure to notify you of such rejection. Upon receipt of a Mobile Deposit submitted by you, we may examine such Mobile Deposit and the Check Images and other information contained therein to ensure that you have complied with this Agreement and followed the Procedures. If we determine that you have not complied with this Agreement or followed the Procedures or if errors exist in the Check Images or other information contained in the Mobile Deposit, we, in our sole discretion, may either reject the Mobile Deposit or elect to correct the error and accept and process the corrected Mobile Deposit (“Corrected Mobile Deposit”). As a form of correction, we may credit your Deposit Account for the full amount of the Corrected Mobile Deposit and make any necessary adjustments to the Deposit Account to correct the error. We may, at our option, also perform a risk management analysis of one or more Mobile Deposits submitted by you to detect potentially fraudulent Checks, and, in our sole discretion, we may reject any such Mobile Deposit or the Check Images or other information contained therein. If after examination of a Mobile Deposit and the Check Images and other information contained therein, we determine that you have complied with this Agreement and processed and transmitted the Mobile Deposit in accordance herewith and with the Procedures, we shall accept the Mobile Deposit for deposit to your designated Deposit Account. Notwithstanding the fact that we have accepted a Mobile Deposit for processing, any credit made to your Deposit Account shall be provisional, and you shall remain liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, us.
Provisional Credit and Availability of Funds. We are notifying you in advance that Mobile Deposits made using our Mobile Deposit Service do not fall under the standard provisions of Regulation CC – Expedited Funds Availability Act. As such, longer hold periods may apply. In general, if Check Images of an Item you transmit through the Mobile Deposit Service is received and accepted before the Cut-Off Time on a Business Day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next Business Day we are open. Funds deposited using the Mobile Deposit Service will generally be made available the same day of deposit. We normally apply the terms of our Funds Availability Disclosure to Check Images received via the Mobile Deposit Services as if we had received the original paper check. However, in addition to any exceptions specified in our Funds Availability Disclosure, we may delay availability of funds from any Deposit you make through Mobile Deposit at any time at our sole discretion. You acknowledge that all credits given by us for a Check are provisional, subject to verification and final settlement.
Laws, Rules and Regulations. You agree to comply with all existing and future operating procedures used by us for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting checks and drafts, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and the Electronic Check Clearing House Organization (“ECCHO”) and any other clearing house or other organization in which we are a member or to which rules we have agreed to be bound. These procedures, rules, and regulations (collectively the “Rules”) and laws are incorporated herein by reference. In the event of conflict between the terms of this Agreement and the Rules, the Rules will control.
Unavailability; Contingency Plan. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. You acknowledge that, in the event you are not able to capture, process, produce or transmit a Mobile Deposit to us, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you may deposit original Checks with us at one of our branch locations until such time as the outage, interruption or failure is identified and resolved. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you as a result of your inability to use the Mobile Deposit Service. It is your sole responsibility to verify that Check Images transmitted using the Mobile Deposit Service have been received and accepted for Mobile Deposit.
Warranties. You represent, warrant and covenant the following to us:
1. Each Check Image is a true and accurate rendition of the front and back of the original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check.
2. The amount, payee(s), signature(s), and endorsement(s) on the Check Image and on the original Check are legible, genuine and accurate.
3. You will not deposit or otherwise endorse to a third party the original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original Check or a paper or electronic representation of the original Check such that the person will be asked to make payment based on an item that has already been paid.
4. There are no other duplicate Check Images of the original Check.
5. The original Check was authorized by the drawer in the amount stated on the original Check and to the payee(s) state on the original Check.
6. You are authorized to enforce and obtain payment of the original Check.
7. You have possession of the original Check and no party will submit the original Check for payment.
8. With respect to each Check Image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that Check Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data or related systems.
9. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
10. All information provided by you to us is true, complete and accurate.
Authentication Method. You understand you are responsible for all Mobile Deposit transactions made or authorized with your username and password (“Authentication Method”). We have no responsibility for establishing the identity of any person who uses your Authentication Method. By accessing the Mobile Deposit System with your Authentication Method, you authorize us to complete the requested transaction(s) through Mobile Deposit. Any requests or instructions we receive from you through Mobile Deposit shall be considered “in writing” under all applicable law and shall have the same force and legal effect as writing signed by you.
Returned Checks. If Checks remotely deposited by you using the Mobile Deposit Service are dishonored or otherwise returned unpaid by the drawee bank (or other institution), or are returned by a clearing agent for any reason, including, but not limited to, issues relating to the quality of the Check Images, you understand and agree that, since you either maintain the original Check or have destroyed the original Check in accordance with this Agreement, the original Check will not be returned, and we may charge your Deposit Account for any and all returned Checks, along with a returned check fees authorized by the Account Documentation. You understand and agree that any returned Checks may be in the form of an electronic or paper reproduction of the original Check or a substitute Check. Unless otherwise instructed by us, you agree not to deposit the original Check if the Check Images were previously transmitted to us using the Mobile Deposit Service and returned for any reason. We may debit any of your accounts with us to obtain payment for any Check that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Confirmation: Deposit Account Reconciliation. We will provide notice of receipt of Mobile Deposits to your Deposit Account on the periodic statement for such Deposit Account. You are responsible for detecting and reporting to us any discrepancy between your records and the records we provide to you. If you do not detect and notify us of such a discrepancy within 30 days of your receipt of any terminal printout, mailed report or periodic statement, whichever is received first, then such transactions shall be considered correct, and you shall be precluded from asserting such error or discrepancy against us.
Mobile Deposit Security. You will complete each Mobile Deposit promptly. If you are unable to complete your Mobile Deposit promptly, you will ensure that your Mobile Device remains securely in your possession until the Mobile 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 with written confirmation 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 you, and you agree to cooperate with us to permit such auditing, to confirm that you have satisfied your obligations under this Agreement.
Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Check Images. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible Check Images to us or if Mobile Deposit is used by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Check Images to us. In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or the Mobile Deposits Service, copy or reproduce all or any part of the technology or the Mobile Deposit Service; or interfere, or attempt to interfere, with the technology or the Mobile Deposit Service. We and our technology partners retain all rights, title and interests in and to the Mobile Deposit Services, Software and related technology made available to you.
Indemnification Obligations. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Mobile Deposit Services and/or breach of this Agreement. You understand and agree that you are required to indemnify our technology partners and hold them, their affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institutions, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorneys’ fees and expenses, arising from such claims, to the extent such claim is related to your use of the Mobile Deposit Services, unless such claim directly results from an action or omission made by our technology partners in bad faith. You understand and agree that this paragraph shall survive the termination this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE MOBILE DEPOSIT SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE DEPOSIT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. WE MAKE NO WARRANTY THAT THE MOBILE DEPOSIT SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE MOBILE DEPOSIT SERVICE OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE MOBILE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Termination. We may modify, suspend or terminate your privilege of using Mobile Deposit and may withhold approval of any transactions, at any time, without prior notice to you. Mobile Deposit and this Agreement automatically terminate upon termination of your Online Banking Service Agreement and Mobile Banking Agreement. In the event we terminate Mobile Deposit or any function within Mobile Deposit, we will try to notify you in advance, but we are not required to do so. Any one person who has access to the accounts accessible with Mobile Deposit may terminate Mobile Deposit or withdraw from the use of any particular function by sending an email to banking@americanbankbd.com or by calling customer service at 920-885-2700 or 1-888-987-2265.

E-Statement Disclosure and User Agreement

This disclosure contains important information about our online electronic bank statement delivery service (herein referred to as “eStatement”). Please read this Agreement carefully and consider printing a copy for your records.

Definitions

As used in this Agreement, the words “we,” “our,” “us” and “Bank” mean American Bank. “You,” “your” and “Customer” refer to the account holder(s) authorized to receive eStatements under this Agreement. “Account” or “accounts” mean your accounts at the Bank. “Business Days” mean Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

Authorization

By enrolling in the eStatement service through the Bank’s Online Banking Service, you are authorizing the Bank to provide notices and to deliver statements by electronic means for all accounts enrolled now and in the future. You understand and agree that by requesting electronic delivery, you will NOT receive statements in paper form delivered by United States Postal Service mail. You agree that electronic delivery will satisfy the Bank’s requirement to provide you a periodic statement of your account(s). Your consent shall remain valid until such time as you exercise your right to revoke this consent. We reserve the right to discontinue this service at any time. Should your eStatement service be discontinued, the Bank will resume the paper delivery of your statement.

Technical Requirements for Using eStatements

To access and retain your e-Statements you will need the following:

A personal computer or other device capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
Enrollment in American Bank’s Online Banking Service
An internet web browser which is capable of supporting 128-bit SSL encrypted communications, such as Internet Explorer 8 or higher, Mozilla Firefox, Google Chrome, or Safari 5.1.7 or higher
Adobe Acrobat Reader versions 9.x or 10.x to open and view e-Statements (available for downloading at www.Adobe.com/products).
Access to a printer or the ability to download and store information in order to keep copies of your eStatements

Access to Your eStatements

An email notification will be sent to you at the address provided to let you know when your eStatement is available for viewing. It is your responsibility to review each statement provided through the Online Banking Service.

If your email notification is returned as undeliverable, an attempt will be made to contact you. If contact cannot be made, a paper statement will be sent to you through the United States Postal Service mail for the current and future statement cycles, and your eStatement service terminated.

You are responsible for retention of your eStatements and may find it advisable to print or download eStatements for permanent retention. In the event of equipment failure and you are unable to retrieve your eStatement, you may obtain a paper copy of any statement by contacting us at 920-885-2700 or toll free at 1-888-987-2265 or by sending an email through the secure mail link in Online Banking or a general email addressed to banking@americanbankbd.com.

Your Responsibility to Notify Us Regarding Errors, Irregularities or Unauthorized Access

You must promptly review your e-Statements and any accompanying items. Notify us immediately of any suspected error, alteration, or other irregularity, (a) with your eStatements; or (b) with your account, including unauthorized access. Telephoning us immediately is the best way to keep your losses down, although you may also need to notify us in writing to preserve your rights. Notification of suspected errors, alterations, or other irregularity within your eStatement must be given within sixty (60) calendar days of the eStatements in which the suspect item appears. This time period begins on the eStatement email notification date, regardless of when you access and/or review your eStatement.

Your Responsibility to Update Your Electronic Contact Information

You are responsible for notifying us of any email address changes. Notification of any email changes should be received five (5) Business Days before the end of your normal statement cycle. You may change your email address by updating the address under the “Profile” tab in your Online Banking account, calling Customer Service at 920-885-2700 or toll free at 1-888-987-2265, or contacting us through the secure mail link in Online Banking.

Username and Password Security

Your Username and password are used to access Online Banking Services. For security purposes, you are required to change your password on a regular basis no less frequent than every 120 days. You are responsible for keeping your Username, password, responses to security questions, account numbers, and other account data confidential. You further understand and agree to notify the Bank immediately if your Username and password should become compromised or known to individuals who are not authorized by you.

Joint Accounts

If your account(s) is/are owned jointly with another person, either one of you may consent to receive or cancel online eStatement service. Such consent to access online eStatements shall apply to all owners. A notification email to one owner of a joint account is considered notice to all owners.

Cancellation Rights

You retain the right to withdraw your consent for electronic delivery of periodic statements. You may withdraw your consent at any time by giving us notice at least five (5) Business Days before the end of your normal statement cycle. Contact us by calling 920-885-2700 or toll free 1-888-987-2265, by email through the secure mail link in Online Banking or in writing to American Bank, Attn: Customer Service, P.O. Box 438, Beaver Dam, WI 53916. Once you have withdrawn your consent, we will discontinue the e-Statement delivery service and paper statements will be resumed. The cancellation of the eStatement delivery service in no way affects the validity or legal effect of all eStatements which have been previously delivered electronically.

Change in Terms

The Bank reserves the right to change the terms and conditions of this Agreement at any time, including the addition or deletion of e-Statement services. We will update this agreement on our website and notify you of such changes by mail or electronic message to your most recent addresses list on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the e-Statement service when such changes become effective, you agree to be bound by the revised terms and conditions contained in this Agreement or you can decline the changes by discontinuing the use of the e-Statement service and notifying us of your election in writing or by calling Customer Service.

The Bank reserves its right to terminate this eStatement Disclosure and User Agreement and your access to the eStatement service, in whole or in part, at any time.

Disclaimer of Warranty and Limitation of Liability

We will use our best efforts to deliver your eStatements in a timely manner and in accordance with any applicable time required by law. However, we shall incur no liability if we are unable to deliver your eStatements because of circumstances including, but not limited to, the following: (a) Our Online Banking Service is not functioning properly, and you know or have been advised by us of the malfunction; (b) Your equipment or Internet access is not working properly; (c) Internet service is interrupted (e.g. due to traffic or other disruptions); or (d) Circumstances beyond our control (including, but not limited to, fire, flood, interruption in telephone service or other communication lines, interference from an outside force, legal restriction or delays in mail service) which prevent proper delivery, and we have taken reasonable precautions within our control to avoid such circumstances.

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose in connection with eStatements provided to you under the Agreement. We do not and cannot warrant that the Online Banking Service and eStatement service will operate without error or that the Online Banking Service and e-Statement service will be available at all times. Except as specifically provided in this Agreement or otherwise required by law, you agree that our officers, directors, employees, agents and contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the Online Banking Service and eStatement service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.

Agreement Regarding Your Use of eStatements

You agree not to alter or use the eStatements for any unauthorized, fraudulent or other illegal purpose. By applying for and accessing eStatements, you agree to be bound by any and all laws, rules, regulations and official issuance applicable to e-Statements now existing or which may hereafter be enacted, issued, or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that the Bank may from time to time make available to you in connection with eStatements. This Agreement is subject to all applicable laws and regulations, recognized banking customs, the Bank’s fee schedule in effect at the time an Online Banking service is used, and other requirements as set forth in “General Account Disclosures,” as amended from time to time. In addition, this Agreement shall be deemed null and void upon the closing of an account and all Online Banking Services established for and available to such account shall be immediately terminated.

Miscellaneous

This Agreement constitutes the entire agreement of the parties with respect to the eStatement service. This Agreement will be governed by and construed in accordance with the Electronic Signatures in Global and National Commerce Act. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in this Agreement, and the other provisions of the Agreement shall remain in full force and effect. Any delay or omission by American Bank to exercise any rights under this Agreement shall not be construed to be a waiver thereof. You may not assign this Agreement or any of the rights hereunder without the Bank’s prior consent.

Business Mobile Banking Terms and Conditions

Program:

American Bank offers their customers mobile access to accounts enrolled in Business Online Banking. By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of American Bank or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, American Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). American Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. American Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by American Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation American Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g. beer, wine, or liquor), tobacco-related (e.g. cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g. firearms, bullets), illegal drugs-related (e.g. marijuana, cocaine), pornographic-related (e.g. adult themes, sexual content), crime-related (e.g. organized crime, notorious characters), violence-related (e.g. violent games), death-related (e.g. funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g. casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose American Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

You are responsible for complying with all terms of this Agreement and with the terms of the agreement governing the bank accounts which you access using American Bank Mobile Banking. We can terminate your Mobile Banking privileges under this Agreement without notice to you. Mobile Banking accounts which are inactive for the last ninety (90) days may be unenrolled. Inactivity is defined as no account access through American Bank Mobile Banking in the last ninety (90) days.

To cancel the Mobile Banking service, you must notify American Bank and provide your name, address, and the effective date to stop Service. You may notify American Bank by one of the following methods:

By calling 920-885-2700 Monday through Friday from 8:00 a.m. to 5:00 p.m. Central Time.
By emailing banking@americanbankbd.com
By writing a letter and sending it to the following address: American Bank Attention: Accounting, P.O. Box 438, Beaver Dam, WI 53916

Mobile Deposit Services. The mobile deposit services (“Deposit Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts using your approved mobile device from any location by taking pictures of physical checks and delivering the images and associated deposit information to the Bank or the Bank’s designated processor. We reserve the right to reject any item transmitted through the Deposit Services, at our discretion without incurring any liability to you. We may restrict and/or cancel, without prior notice, your ability to use Deposit Services if we notice any suspicious activity or mismanagement of American Bank accounts including failure to promptly bring negative account balances to a positive balance.

Eligible items. You agree to take pictures of and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to the Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not use the Deposit Services to take pictures of and deposit any checks or other items as shown below which shall be considered ineligible items:

Checks or items payable to any person or entity other than you.
Checks payable to you and another party who is not a joint owner on the account.
Checks made payable to a business that you attempt to deposit into a personal account.
Checks or items containing an alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
Checks that have been previously negotiated.
Checks that have previously been submitted through the Deposit Services or through a service offered at another financial institution.
Checks or items previously converted to a substitute check, as defined in Reg CC.
Checks or items drawn on a financial institution located outside the United States.
Checks or items that are remotely created checks, as defined in Reg CC.
Checks or items not payable in United States currency.
Checks or items dated more than 6 months prior to the date of deposit.
Checks that are post-dated (made payable at some point in the future).
Checks or items prohibited by the Bank’s current procedures relating to the Deposit Services or which are otherwise not acceptable under the terms of your the Bank account.
Checks payable on sight or payable through Drafts, as defined in Reg CC.
Checks with any endorsement on the back other than that specified in this agreement.
Deposits which exceed your per check or daily limit.

Image Quality. The image of an item transmitted to the Bank using the Deposit Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Deposit Services as “For deposit only, American Bank account #______” or as otherwise instructed by the Bank. If the check is made payable to you and another payee, both of you must endorse the check, and it must be deposited into an American Bank joint account owned by both of you. You agree to follow any and all other procedures and instructions for use of the Deposit Services as the Bank may establish from time to time.

Receipt of Items. We reserve the right to reject any item transmitted through the Deposit Services, at our discretion, without liability to you. When we receive an image, we will only notify you only if a deposit is rejected. The image is not deemed “received” by us until it is posted to your account at the end of the business day. Acceptance within the American Bank Mobile Deposit application does not mean that the image is free of errors or will be accepted for deposit. Reasons for rejection may include any of the following: incomplete or missing endorsement; illegible check or poor image quality; altered check; or duplicate check. This list is a list of examples only and is not a list of all of the reasons that an image of a check may be rejected. We are not responsible for any image we do not receive. We are not responsible for items we do not receive or for images that are dropped during transmission. Images received will be available to view inside the mobile application. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

“Exception Item” includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an Electronic Item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States. If you attempt to deposit an Exception Item to your account, you shall do so only by depositing the original paper item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an item as an Exception Item when we review and process the item to which the Exception Item relates, the electronic item, substitute check, or the purported substitute check created by us from it may nevertheless be returned to us because, among other reasons, the paying bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to American Bank.

Availability of Funds. Items transmitted using the Deposit Services are subject to our Funds Availability Policy. In general, if an image of an item you transmit through the Deposit Services is received and accepted before 5:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. The Bank may delay availability of funds based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as the Bank, in its sole discretion, deems relevant.

Disposal of Transmitted Items. Upon your receipt of a confirmation from the Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item after 14 calendar days to ensure that it is not re-presented for payment. And, you agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes.

Deposit Limits. We reserve the right to impose limits on the amount(s) of deposits that you transmit using the Deposit Services and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Deposit limits are subject to change at any time with our discretion. Daily and per item dollar limits may vary and are subject to change at the discretion of the Bank.

Fees. Any applicable fees for the Deposit Services may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the account that you designated for the deposit and fee is closed or does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.

Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Deposit Services right away, and in no event later than 60 days after the applicable Bank account statement is sent. Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Deposit Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.

Errors in Transmission. By using the Deposit Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to the “Terms and Conditions of Your Account” and Disclosures governing your account.

Mobile Deposit Unavailability. American Bank Mobile Deposit may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and/or Internet software. In the event that American Bank Mobile Deposit is unavailable, you may deposit original checks at any American Bank banking office.

Cooperation with Investigations. You agree to cooperate with the Bank in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Deposit Services in your possession and your records relating to such items and transmissions.

User warranties and indemnification. You warrant to the Bank that:

You will only transmit eligible items.
Images will meet the image quality standards.
You will not transmit duplicate items.
You will not deposit or represent the original item.
All information you provide to the Bank is accurate and true.
You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.

You understand and agree that you are required to indemnify us and all of our affiliates, officers, employees and agents and hold us and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising from your use of American Bank Mobile Deposit and/or any breach of the terms and conditions of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

You understand and agree that you are required to indemnify our technology partners and hold harmless their affiliates, officers, employees and agents against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to us or your use of American Bank Mobile Deposit or our technology partners’ applications relating thereto, unless such claim directly results from an action or omission made by our technology partners in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF AMERICAN BANK MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF AMERICAN BANK MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT AMERICAN BANK MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED USING AMERICAN BANK MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN AMERICAN BANK MOBILE DEPOSIT OR ANY OF THE TECHNOLOGY RELATED THERETO WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF, AMERICAN BANK MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Amendments and Termination:

We may restrict and/or cancel, without prior notice, your ability to use the American Bank Mobile Deposit system if we notice any suspicious activity or if you do not use the Deposit Services for a period of 90 days or more. You may terminate this service anytime by sending a written request by electronic mail to: banking@anbnet.com, or by contacting any banking office. Termination by either party will not affect your obligations under this Agreement, even if we allow a transaction to be completed after the termination of this Agreement. American Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Deposit Services. We will notify you of any material change via email, text message, or on our website(s) by providing a link to the revised Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain and use American Bank Mobile Deposit after you have received any required notice, if applicable.

Governing Law. This Agreement is governed by, and shall be construed in accordance with the laws of the state of Georgia without regard to the conflict of laws principles thereof.

Disputes. Any dispute relating in any way to your use of American Bank Mobile Deposit, to this Agreement, to your Account Agreement, to the Funds Availability Disclosure, or to our advertising or solicitation practices shall be submitted to confidential arbitration. Arbitration shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration or any other action or proceeding involving any other party subject to an agreement with us governing such party’s use of American Bank Mobile Deposit, whether through class action or arbitration proceedings or otherwise.

Fingerprint Login for Mobile Banking. Fingerprint Login is an optional fingerprint sign-in method for The American Bank of Beaver Dam Mobile Banking that may be available for certain Apple® (via Touch ID™) and Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device.). Fingerprints are stored on your device only and The American Bank of Beaver Dam never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within The American Bank of Beaver Dam Mobile Banking. The American Bank of Beaver Dam reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within The American Bank of Beaver Dam Mobile Banking.

Apple and Touch ID are trademarks of Apple Inc. Android is a trademark of Google Inc.

Online Account Opening E-Sign Disclosure

Federal E-Sign Act Disclosure and Consent
Please read this Federal Electronic Signatures in Global and National Commerce Act ("E-Sign") Disclosure and Consent carefully, and keep a copy for your records. By clicking "Agree" on the website, you consent to the electronic delivery of disclosures, agreements, change notices, terms and conditions, account statements, and any other documents, both for this transaction and in the future (hereafter referred to as the Documents). You also agree that we do not need to provide you with additional paper (non-electronic) copies of the Documents, unless specifically requested. Once you consent to receive the Documents electronically, you may request paper copies, which may result in a fee.

Electronic Delivery of Disclosures and Notices
In order to use the Online Account Opening Product and to access, receive and retain the Documents, you must provide, at your own expense, an Internet connected device that is compatible with this financial institution's Online Account Opening product deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Documents electronically each time you access and use the Online Account Opening product. If you are working on a public computer, you should not engage in online account opening.

System Requirements to Access Information
To receive an electronic copy of the Documents, you must have the following equipment and software:

A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
An Internet web browser which is capable of supporting 128-bit SSL encrypted communications and your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets these requirements.
You must have software which permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader version 9.0 and above.

Withdrawal of Electronic Acceptance of Disclosures and Notices, and Request for Paper Copies of Records
You may withdraw your consent to receive statements in electronic form for any of your Accounts, or request paper copies of any records which you previously received electronically, by contacting us via email using the "Contact Us" form on our Website www.americanbankbd.com or by telephone at 920.885.2700. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address or cancellation of participation in our online banking product as a withdrawal of your consent to receive electronic statements. Any withdrawal of your consent to receive electronic statements will be effective only after we have a reasonable period of time to process your withdrawal. A request for paper copies of records which you previously received electronically may result in a fee.

How to Update Your Records
It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update such information (such as your email address) by doing the following:

By calling us at 920.885.2700
By writing us at American Bank, ATTN: Customer Service, P.O. Box 438, Beaver dam, WI 53916