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Internet Banking Agreement

INTRODUCTION

This Agreement constitutes a contract between you and Bank of Chickamauga ("Bank") that outlines and governs the Terms and Conditions for accessing your accounts via the Bank's Online Banking Service.

By using the Online Banking Service provided by the Bank, you agree to abide by the terms and conditions of this Agreement. All applicable federal laws and regulations will govern this Agreement. In the event that no federal law applies, laws and regulations effective in the State of Georgia will govern the Agreement. Except as otherwise required by federal laws and regulations, this Agreement will be construed in accordance with the laws of the State of Georgia. Any legal actions or claims arising out of or in connection with the interpretation, performance or enforceability of this Agreement shall be brought in the Superior court of Walker County, Georgia, the State Court of Walker County, Georgia, or the United States District Court for the Northern District of Georgia, Rome Division, as applicable.

Some of the terms set forth in this agreement are governed by the Electronic Funds Transfer Act ("EFT Act"), 15 U.S.C. 1693 et seq., which is only applicable to consumers, defined as natural persons.

Commercial Account holders are not entitled to the rights provided under the EFT Act.

The term "business day" refers to.

ACCESSING YOUR ACCOUNTS

  1. Eligibility
    In order to activate the Bank's Online Banking service, you must have at least one checking, savings, certificate of deposit or loan account with the Bank.
  2. Passwords
    As a customer of the Bank, you may access your accounts by selecting and using an online password and personal identification number (PIN). You will be issued an initial password that will allow you to log on to the Online Banking service. The first time you log on to the Bank's Online Banking Service, you will be required to change the PIN and select one known only to you.

The password criteria are as follows:
Minimum password length: 4
Maximum password length: 8

Combinations of Alpha and/or Numeric characters may be used.

Passwords can be changed at any time by the account holder through the Online Banking service and will expire every 90 days.

The Bank is entitled to act on instructions received under your PIN and has no obligation to inquire into the identity of the person using the PIN. You should not under any circumstances disclose your PIN by telephone or to anyone claiming to represent the Bank. Bank employees do not need and should not ask for your PIN. If you suspect that an unauthorized person has access to your PIN or believe your PIN has been lost or stolen or that someone may attempt to use the Bank's Online Banking service without your consent or has transferred funds without your permission, you must notify the Bank immediately. Call the Bank's Customer Service Department at: (706) 375-3112 and tell a representative about your password PIN security concern.

The Bank's Customer Service Department is open Monday, Tuesday, Thursday, 9:00 a.m. to 4:00 p.m., Friday, 9:00a.m. To 5:00 p.m. and Saturday, 9:00 a.m. to 12: p.m., excluding federal banking holidays.

You may use your personal computer to:

  • View account balances and transaction history.
  • Transfer funds from checking and savings accounts into other Bank of Chickamauga checking and savings and loan accounts which belong to you.
  • Stop payments.
  • Make payments to third parties using Bill Pay.

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TERMS AND CONDITIONS

The first time you access any of your accounts through the Bank's Online Banking Service, you confirm your agreement to abide by all the Terms and Conditions of this Online Agreement and acknowledge your receipt and understanding of this disclosure.

  1. Fees and Charges
    There is no charge to use the Bank's Online Banking Service; however, you are responsible for any local or long distance charges or Internet Service Provider (ISP) charges that you incur by accessing your accounts via the Bank's Online Banking Service.

    There is no fee for online access to your accounts. You are welcome to try our Bill Pay service at no charge for the first month. Bill Pay is $5.95 per month for ten (10) bills paid each month and .75 for each additional bill paid. The bank reserves the right to cancel the Online Banking Service and/or your access to the Online Banking Service, in whole or in part, at any time, and at our discretion. If you wish to cease your participation in the Online Banking Service and cancel all active passwords, please contact the Bank's Customer Service Department at (706) 375-3112 or send written cancellation instructions to: Bank of Chickamauga, PO Box 159, Chickamauga, GA 30707-0159.
  2. Hours of Accessibility
    You may access the Bank's Online Banking Service seven days per week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use one of our ATM machines, or a branch office (during regular business hours) to conduct your transactions.
  3. Additional Terms
    Other services may be added to the Bank's Online Banking Service and will be communicated to our customers as the additions are made. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In progress returns due to non-sufficient funds or stop payments may not be reflected in the inquiry.
    a. Account Information
    Account balances and activity is current information. Funds transferred between related accounts initiated on your computer using the Bank's Online Banking Service and received by the Bank before 4:00 p.m. EST, Monday through Friday, will be effective on the current business day. Transfers processed on your computer using the Bank's Online Service and received after 4:00 p.m. EST Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.
    b. Transaction Sessions
    Unless you change the default settings, you will be automatically disconnected from the Bank's Online Banking Service after ten (10) minutes of inactivity.

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GENERAL

Changes to Fees, Charges and Other Terms
The Bank reserves the right to change the fees, charges or other terms outlined in the Agreement. The Bank will notify you thirty (30) days prior to implementation of changes, either by written notice or e-mail, and will also update this Agreement, if the changes to this Agreement are more restrictive than those stated in the Agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and the Bank will notify you within thirty (30) days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. The Bank reserves the option to waive, reduce or reverse charges are governed by the applicable Account Disclosure.

Disclosure of Account Information
By using the Bank's Online Banking Service you authorize the Bank to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that the Bank or its affiliates have obtained about your accounts and the transfers you make:

  • To comply with government agency requests or court orders.
  • To verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
  • To provide services relating to your account or to offer other products and services.
  • To other entities if you give us permission.

Consumer Rights and Responsibilities
In addition to this Agreement, by using the Bank's Online Banking Service you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. If you have a mortgage account, you will continue to be responsible for the obligation as required under the note and deed of trust.

You, the consumer, are responsible for keeping your password and account data confidential. The Bank is entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your password in any manner, your authorization will be considered unlimited in amount and manner until you have notified the Bank in writing that you have revoked the authorization, changed your password, and that you are responsible for any transactions made by such persons until such time as the Bank receives and has time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.

The Bank reserves the right to terminate or modify this Agreement and your access to Online Banking Service in whole or in part, at any time.

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Unauthorized Transactions
You must notify the Bank immediately if you suspect that another person has improperly obtained use of your online password. You must also notify the Bank if someone has transferred or may transfer money from your bank account without your permission, or if you suspect ant fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify the Bank, call the Bank's Customer Service Department at (706) 375-3112.

Federal law requires that if you believe your online password has been lost, stolen or compromised and you notify the Bank within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your online password without your permission.

Please notify the Bank at once if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your account. To notify us, call the Bank's Customer service Department at (706) 375-3112.

If you do not notify the Bank within two (2) business days after you learn of the loss or theft, and the Bank could have stopped someone from taking money without your permission, had you told the Bank, you could lose as much as $500.00.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify the Bank at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and the Bank could have stopped someone from taking money if you had notified the Bank in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a confirmed extended trip or hospital stay, kept you from notifying the Bank, the time periods in this section will be extended.

Error Resolution
If you believe that there is an error regarding your account in conjunction with the Online Banking Service (mortgage loans are excluded) you agree to:

  • Call the Bank Customer Service Department and tell a representative about the problem at (706) 375-3112, or
  • Send a fax to (706) 375-3115, Attention: Bank of Chickamauga Customer Service Department and tell us the details of the problem, or
  • Write a letter and mail it to Bank of Chickamauga, Attention: Customer Service Department, PO Box 159, Chickamauga, GA 30707-0159 and notify the Bank of the details of the problem.

The Bank must hear from you no later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred. If you notify us verbally, the Bank will require that you send us written notice of the alleged error in writing within ten (10) business days following your verbal notification.

When you write the Bank about your problem, please:

  • Include your name and account number(s).
  • Describe the error or transaction in question, and explain why you believe it to be an error.
  • Specify the dollar amount of the suspected error.

The bank will tell you the results of its investigation within ten (10) business days after it hears from you if your account has been opened for more than thirty (30) days, (or within twenty (20) days for new accounts opened for less than thirty (30) days), and the Bank will correct any error within on (1) business day following the Bank's determination that an error in fact occurred. If the Bank needs more time, however, it may take up to forty-five (45) calendar days to investigate your complaint or question. If the Bank decides to do this, it will re-credit your account within ten (10) business days if your account has been opened for more than thirty (30) days, (or within twenty (20) days on new accounts opened for less than thirty (30) days,) for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and it is not received within ten (10) business days after making the request, the Bank will not re-credit your account while we complete our investigation. If the Bank determines that there was no error, The Bank will send you a written explanation within three (3) business days after finishing the investigation. You may ask for copies of the documents used in the Bank's investigation.

If the Bank does not complete a transfer from your Bank account on time or in the correct amount according to our agreement with you, The Bank will be liable for you losses or damages. However, there are some exceptions. The Bank will not be liable:

  • If, no fault of the Bank, you do not have enough money in your account to make a transfer or loan payment.
  • If a legal order directs us the Bank to prohibit withdrawals from the account.
  • If your account is closed or if it has been frozen.
  • If a hold has been placed on your account for uncollected funds.
  • If the transfer or payment would cause the account to become overdrawn beyond the balance of the account.
  • If you, or anyone you allow, commits fraud or violates any law or regulation.
  • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly.
  • If circumstances beyond the Bank's control (such as fire, flood, hurricane, improper transmission or handling of payments by a third party) prevent the transfer or loan payment, despite reasonable precautions taken by the Bank.

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ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE

This Electronic Funds Transfer Agreement is the contract which covers your and our rights and responsibilities concerning the electronic funds transfer ("EFT") services offered to you by Bank of Chickamauga ("BANK"). In the Agreement, the words "you" and "yours" mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words "we", "us", and "our" mean the Bank. The word "account" means any one or more savings and checking accounts you have with the Bank. Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds transfer services described below. By signing an application or account card for EFT services, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. We will notify you of any changes as required by law.

EFT SERVICES.
If approved, you may conduct any one or more of the EFT services offered by the Bank.

ATM Card

If approved, you may use your Card and PIN (Personal Identification Number) in automated teller machines of the Bank, Cirrus, The Exchange, Star networks, and such other machines or facilities as the Bank may designate. You may use your Card to:

  • Withdraw funds from your savings and checking accounts.
  • Transfer funds from your savings and checking accounts.
  • Obtain balance information for your savings and checking accounts.

The following limitations on the frequency and amount of ATM transactions may apply:

  • There is no limit on the number of cash withdrawals you may make in any one day.
  • You may withdraw no more than $250.00 per day, if there are sufficient funds in your account.
  • You may transfer up to the available balance in your accounts at the time of the transfer.
  • There is a charge of $1.00 per withdrawal at ATM's we do not own or operate.

Check Card
If approved, you may use your Card to purchase goods and services from participating merchants. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your Card for any transaction that is illegal under federal, state, or local law. Funds to cover your Card purchases will be deducted from your checking account. If the balance in your account is not sufficient to pay the transaction amount, the transaction will be denied. If you initiate a transaction that overdraws your Account, you agree to make immediate payment of any overdrafts together with any service charges to the Bank. In the event of repeated overdrafts, the Bank may terminate all services under this Agreement. You may use your Card and PIN (Personal Identification Number) in automated teller machines of the Bank, Cirrus, The Exchange, STAR networks, and such other machines or facilities as the Bank may designate. You may also use your Card to:

  • Make deposits to your savings and checking accounts.
  • Withdraw funds from your savings and checking accounts.
  • Transfer funds from your savings and checking accounts.
  • Obtain balance information for your savings and checking accounts.
  • Make POS (Point-of-Sale) transactions with Your Card and PIN (Personal Identification Number) to purchase goods or services at merchants that accept VISA.
  • Order goods or services by mail or telephone from places that accept VISA.

The following limitations on the frequency and amount of Check card transactions may apply:

  • Only 10 purchases may be made in a 24 hour period.
  • Your POS (Point-of-Sale) purchases are limited to $5,000.00 in a 24-hour period.
  • You may not exceed $400.00 cash at an ATM in a 24-hour period.
  • You may transfer up to the available balance in your accounts at the time of the transfer.

Net Banking and Bill Pay EFTs
If we approve the Net Banking and Bill Pay services for your accounts, you will be able to:

  • Transfer from your savings and checking accounts.
  • Obtain balance information for your savings and checking accounts.
  • Make loan payments from your savings and checking accounts.
  • Make bill payments to preauthorized creditors.

Your accounts can be accessed under the Net Banking & Bill Pay service via personal computer. Our Net Banking service will be available for your convenience twenty four (24) hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the account of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.

  • There is no limit to the number of inquiries or transfer requests you may make in any one day.
  • See section 2 for transfer limitations that may apply to these transactions.

Bill Payment Services
The Bank's Bill Pay Provider will process bill payment transfer requests only to those creditors as you authorize. The Bill Pay Provider will not process any bill payment transfer if the required transaction information is incomplete.

The Bill Pay Provider will withdraw the designated funds from your checking account for bill payment. You must allow sufficient time for vendors to process your payment after they receive a transfer. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

  • There is no limit on the number of bill payments per day.
  • Billing will occur the 1st week of each month for prior month's activities after the enrollment date.
  • Billing is a s follows:
    5.95 per month for the first 10 bills, then .75 cents for each additional bill.

If a user has an NSF, ALL payments are cancelled and the user is charged a $25.00 NSF fee.

  • Metavante will immediately block the end users bill pay account. This means no more bill payments will be paid or set up from this account until the user resolves the NSF. IF the end user has multiple funding accounts, all funding accounts will be blocked.
  • Recurring payments: Once the NSF has cleared up and the block is lifted, recurring payments are reinstated. Future dated recurring payments will be processed. However, any instances of the recurring payment that occurred during the blocked period are not resent and remain cancelled.
  • Single payments: Single payments, even if scheduled to be processed for a date well into the future, remain cancelled and the user has to reschedule them if they want them to be paid.
  • The account will remain blocked for 5-10 days. A financial institution can have the account unblocked earlier by faxing or emailing a form to Metavante.
  • Metavante will close a bill pay account if collection of debit returns is unsuccessful or if fraudulent activity is identified.
  • Metavante may attempt to debit an account up to three times for a payment. The NSF charge is assessed for each debit return due to insufficient funds.
  • Metavante will first attempt to place a stop payment on any debit return (check) over $500.00.If they cannot stop the payment; they will only attempt it once and charge one NSF fee. It will then go straight into the collection process.

Transfer Limitations
For all savings accounts, no more than three (3) preauthorized, automatic, or telephone transfers and withdrawals may be made from these accounts to another account of yours or to a third party per calendar quarter .A per item fee will be charged for each withdrawal in excess of three during a quarter. This fee will apply if the balance falls below $1000.00 any day of the quarter. Accounts closed within 90 days of opening will be charged $25.00

Conditions of EFT Services
a. Security of Access Code
b. Joint Accounts

If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any savings and checking or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the account owners, and the Bank may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

Consumer Liability
Tell us at once if you believe your access code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days, you can lose not more than $50 if someone uses your access code without permission. If you do not tell us within two (2) business days after you learn of the losses or theft of your access code, and we prove that we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (706) 375-3112 or write to:

Bank of Chickamauga
201 Gordon St., PO Box 159
Chickamauga, GA 30707-0159

Right to Receive Documentation
a. Periodic Statements
Transfers and withdrawals made through any preauthorized EFTs, electronic/PC transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

b. Direct Deposit
If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (706) 375-3112. This does not apply to transactions occurring outside the United States.

Account Information Disclosure
We will disclose information to third parties about your account or the transfers you make:

  • As necessary to complete transfers.
  • To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant.
  • To comply with government agency or court orders.
  • If you give us written permission.

Business Days
Our business days are Monday, Tuesday, Thursday, Friday, Saturday, excluding holidays.

Financial Institution's Liability
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy.
  • If you used your access code in an incorrect manner.
  • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
  • If the money in your account is subject to legal process or other claim.
  • If funds in your account are pledged as collateral or frozen because of a delinquent loan.
  • If the electronic transfer is not completed as a result of your willful or negligent use of your access code or any EFT facility for making such transfers.
  • If the computer equipment you use to conduct electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
  • If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Bank. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
  • Any other exceptions as established by the Bank.

a. Stop Payment Rights.
If you have arranged in advance to make regular electronic fund transfers out of you account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us in writing at any time up to three (3) business days before the scheduled date of the transfer.

b. Notice of Varying Amounts.
If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

c. Liability for Failure to Stop Payment.
If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Notices
All notices from us will be effective when we have mailed them or delivered them to your last known address in the Bank's records. Notices from you will be effective when received by the Bank at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least thirty (30) days before the effective date of any change. Use of this service is subject to existing regulations governing the Bank account and any future changes to those regulations.

Billing Errors
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed above, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem or error appeared.

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

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

We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the transfer involved a point-of-sale transaction or a foreign-initiated transfer) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the transfer involved a point-of-sale or a foreign-initiated transfer) 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.

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Termination of EFT Services
You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping the use of your access code. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. Whether you or the Bank terminates this Agreement, the termination shall not affect your obligations under this Agreement for any EFTs made prior to termination.

Governing Laws
This Agreement is governed by the Bylaws of the Bank, federal laws and regulations, the laws and regulations of the State of Georgia and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Bank is located.

Enforcement
In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Bank is located, if allowed by applicable law.

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LIMITATIONS ON BANK LIABILITY

The Bank is not responsible for the following incidents, errors or failures:

  1. Access
    The Bank is not responsible for failure to provide access or for interruptions in access to the Online Banking Service due to a system failure or due to other unforeseen acts or circumstances.
  2. Your Computer Equipment or Software
    The Bank is not responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with the Online Banking Service.

    The Bank is not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser your Internet Service Provider (ISP), your personal financial management or other software or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the Bank's Online Banking Service.

OTHER PROVISIONS

  1. Electronic Notice
    With your consent, the Bank may send notices to you by electronic mail (e-mail). You may use e-mail to contact the Bank about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. Therefore, it is recommended that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen password, or to stop a payment. In these cases, DO NOT USE E-MAIL. Instead, call our Customer Service Department at (706) 375-3112 during our regular business hours.
  2. Warranty and Software Limitations
    NEITHER THE BANK, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
  3. Ownership of Website
    The content, information and offerings on this website are owned by Bank of Chickamauga, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.
  4. Geographic Restrictions
    Bank of Chickamauga Online Banking services described in this Agreement and available on this website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents outside the United States may not be able to access the Bank's Online Banking Service.
  5. Scope of Agreement
    This Agreement represents the Bank's complete agreement with you relating to provisions of the Bank's Online Banking Service. No other statement, oral or written, including language contained on our website, unless otherwise noted, is part of this Agreement.
  6. Severability
    If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and the remaining terms, conditions, and provisions of this Agreement will remain in full force and effect.

I have read and accept the terms of the Bank's Online Banking Service Terms and Agreement and wish to apply for Bank of Chickamauga's Online Banking Service.

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