Mt Rainier Bank Online Information Sheet,
Disclosures, and Access Agreement
Welcome to Mt. Rainier
Bank Internet Banking! This Online PC Banking Agreement and Disclosure
(the "Agreement") discusses how you can use Mt. Rainier Bank
Internet Banking (the "Service") to obtain information about your accounts,
to transfer funds between your accounts, and to request certain other bank services.
It also contains the terms and conditions governing the Service.
Corporate
customers can use the Service to transfer funds between their Mt. Rainier Bank accounts. (Commercial customers can use the Service to transfer funds between
their accounts if they have the appropriate agreement on file. See Registration
-- Business Accounts, below.) IF YOU ARE A CORPORATE CUSTOMER AND DO NOT WISH
TO HAVE THE ABILITY TO TRANSFER FUNDS BETWEEN ACCOUNTS USING MT. RAINIER BANK INTERNET BANKING, PLEASE CALL US AT 1-360-825-0100, AND WE WILL REMOVE THAT
FUNCTION FROM YOUR SERVICE. If you use Mt. Rainier Bank Internet Banking,
you thereby indicate your consent to these terms. You may print a copy of this
Agreement for your records now, or you can refer to this document in the Online
Help section later at your convenience.
SECURITY & PROTECTING YOUR
ACCOUNT
Mt. Rainier Bank is strongly committed to protecting
the security and confidentiality of our customer account information. Mt. Rainier
Bank uses state-of-the-art technology in the ongoing development of its
Online PC Banking service to ensure this security. We use several different methods
to protect your account information:
Your
Responsibility:
You agree....
To
notify Mt. Rainier Bank Telephone Banking at 1-360-825-0100 immediately
if you suspect that your Access ID or Password has become known to any unauthorized
person
Mt. Rainier Bank INTERNET BANKING E-MAIL COMMUNICATIONS
Electronic messages sent and received via the "Contact Us" option
in Mt. Rainier Bank Internet Banking (i.e., once your Access ID and Password
have been accepted by Mt. Rainier Bank and your browser shows that a
secure connection has been established) are secure. Communications sent over the
public Internet are not necessarily secure. Therefore, we will not send, and we
strongly suggest that you do not send, any confidential account information unless
using the electronic communication options provided in our Customer Service section.
You agree that we may take a reasonable time to act on any e-mail. Correspondence
that requires expeditious handling -- for example, if you need to report an unauthorized
transaction from one of your accounts, or if you need to immediately stop payment
on a check you have issued, should be made by calling Mt. Rainier Bank
at 1-360-825-0100. You agree that Mt. Rainier Bank may send you electronic
messages about other products or services we offer.
REGISTRATION
Business Accounts. Mt. Rainier Bank business account customers must
first contact Mt. Rainier Bank and enroll in Mt. Rainier Bank
Internet Banking PC Banking Services. For more information, see the Access ID
Agreement and Disclosure that you will obtain when you receive your Access Identifier
Enrollment Form. If your business has previously received an Access ID, your representative
may enter it to register for Mt. Rainier Bank Internet Banking. Accounts
you want to link to an Access ID, and what activity level each account linked
to your Access ID will have. There are some limits on the accounts that can be
linked to your Access ID. The person you appoint as your Access ID Administrator
will decide which of your accounts to link to each Access ID and what activity
level is appropriate for each account linked to the Access ID.
Activity Levels
for Accounts Linked to Your Access ID. There are different activity levels that
can be assigned to an Access ID. All available accounts will have at least the
Account Summary level. Only checking, money market deposit accounts, credit card
and loan accounts may also have the second activity level. At the present time,
the activity levels are:
(1) Account Inquiry: This activity level will allow
you to obtain current account balance and transaction information for the previous
60 days. This activity level does not include transferring funds.
(2) Transferring
Funds: This activity level allows you to obtain account information, to transfer
funds between accounts linked to the Access ID, and to obtain certain other banking
services. Each checking, money market, credit card and loan account linked to
your Access ID will have this activity level, unless you choose otherwise.
(3)
Bill Payment: This activity level will include the right to make payments to third
parties through our Online PC Banking Service.
FUNDS TRANSFER SERVICE
If you are a consumer, and you have an Access ID and Password from us, you
will be able to transfer funds between your Mt. Rainier Bank accounts.
If you do not want to have the ability to funds transfer between accounts using
Mt. Rainier Bank Internet Banking, or if you want to restrict the accounts
from which you can transfer funds using your Access ID and Password, call us at
1-360-825-0100, and we will make the necessary adjustments to this service for
you.
Commercial customers must have an Access ID linked to account with at
least a Funds Transfer activity level to be able to transfer funds between accounts.
The terms that apply to the Funds Transfer Service are set forth more fully below.
ONLINE PC Banking FUNDS TRANSFER PROVISIONS
As a Mt. Rainier
Bank Internet Banking customer, you can make immediate transfers between
your Mt. Rainier Bank deposit accounts (and between your deposit accounts
and your Money Market Account) over the Internet. All such transfers are subject
to the terms of these Online PC Banking Funds Transfer Provisions (the "Transfer
Provisions"). You can also use Mt. Rainier Bank Internet Banking
to transfer funds between certain line of credit accounts and your deposit accounts.
Transfers are not permitted from one line of credit account to another line of
credit account. By using the Funds Transfer Service (the "Service"),
you agree to these Transfer Provisions.
1. General Information.
a. Meaning
Of Terms. As used in the Transfer Provisions, the following words have the meanings
given below. "You" and "your(s)" refer to each person (including
any business) who applies to use the Service, and each person who uses the Service
with the permission of an applicant. "Business" means any corporation,
partnership, limited liability company, sole proprietorship or any other type
of entity maintaining a deposit account for commercial purposes. "We,"
"us," "our(s)," "Mt. Rainier Bank," or
"Bank" refer to the Mt. Rainier Bank depository institution
(such as Mt. Rainier Bank, N.A.) that holds an account that is accessed
by the Service. "Business Day" means Monday through Friday, except banking
holidays.
b. Which Sections of These Provisions Apply to Consumer and Business
Customers. Exclusion. When using the Service in connection with accounts established
primarily for personal, family, or household purposes ("consumer" or
"personal" accounts), Sections 1, 2, and 3, (but not Section 4) of these
Transfer Provisions apply to you. When using the Service in connection with accounts
established primarily for business purposes, Sections 1, 2, and 4 of these Transfer
Provisions (but not Section 3) apply to you.
c. Authorization To Charge Accounts.
You are responsible for all transfers you or your authorized representative make
using the Service. You authorize us to debit your designated account(s) for any
transactions accomplished through the use of the Service (including the transfer
of funds from another deposit account or overdraft line of credit that provides
overdraft protection, if you have one of those services in effect). You agree
that we may comply with transfer instructions entered by any one person using
an authorized Access ID and Password, notwithstanding any provision that may be
contained in other account documentation purporting to require more than one signature
to withdraw funds from the account. If you permit another person to use Mt. Rainier
Bank Online or give them your Access ID or Password, you are responsible
for transfers, payments or advances that person makes from the deposit and credit
accounts linked to your Service registration even if that person exceeds your
authorization.
d. Exclusion of Securities or Commodities Purchases. These
Transfer Provisions do not apply to any transfer of
e. Schedule of Fees For
the Funds Transfer Service. Fees applicable to the funds transfer service are
disclosed under Charges and Fees below.
2. Online PC Banking Funds Transfer
Service Particulars.
a. Types of Transfers; Posting. You can transfer funds
between your Checking and Savings accounts using Mt. Rainier Bank Internet
Banking, and between your deposit accounts and your Money Market Account. All
such transfers are effective when you complete the transaction online. You can
also transfer funds between your deposit accounts and certain line of credit accounts
using Mt. Rainier Bank Internet Banking. Transfers to a line of credit
account will not be reflected in your line of credit account until the business
day following the day on which you complete the transaction. You cannot transfer
funds between line of credit accounts using the Service.
b. Limits On Transactions.
There is a maximum dollar limit on any transfer equal to the available balance
in your account plus the available balance or credit balance in any other account
or line of credit attached to the deposit account to provide overdraft protection.
c. Availability. Funds must be available in the account from which you wish
to transfer funds on the date you enter the transaction.
d. Restrictions on
Transfers from Savings and Money Market Accounts. Under Federal Reserve Board
Regulation D, you may make an unlimited number of deposits or transfers into a
savings or money market account; however, you may make no more than six transfers
or withdrawals out of such an account per monthly statement cycle (not counting
transactions made at ATMs or at banking centers). Transfers made by telephone,
personal computer or funds automatically transferred from a savings or money market
account to another deposit account for overdraft protection are counted toward
the six total permitted monthly transfers or withdrawals. If your transactions
exceed the legal limit, we will charge you a fee for each such transaction in
excess of the legal limit. If you exceed the restrictions more than three times
during a 12-month period, we will close the money market account and transfer
the funds to a checking account. On Regular Savings accounts, we charge a fee
for each withdrawal or transfer in excess of four per month. The amount of these
fees and the minimum balances necessary to avoid these fees, where applicable,
are set forth in the Schedule of Fees at the end of this Agreement.
e. Insufficient
Funds to Complete Transfer. If your account does not have sufficient funds to
complete a transfer as of the date the transfer is scheduled to be made, the transfer
may not be completed, but if we do complete the transfer as an accommodation to
you, you are responsible for any overdraft created.
f. Correcting or Canceling
Your Transfer. You cannot cancel your transfer after it has been entered in Mt.
Rainier Bank Internet Banking and the information transmitted to us.
You can correct information about a transfer before you send us the information,
and you can use Mt. Rainier Bank Internet Banking to reverse a transaction
after it has been entered.
g. Documentation and Verification of Transfers.
The date and amount of transfers made through Mt. Rainier Bank Internet
Banking will be shown on the Transaction History screen of Mt. Rainier Bank Internet Banking, and will also be shown on your printed statements for the
accounts from which and to which the transfer is made.
h. Address and Telephone
Number For Notification Of Unauthorized Use. If you believe your Access ID or
password has become known by an unauthorized person, or that someone has transferred
money without your permission, call Mt. Rainier Bank immediately at:
1-360-825-0100, or write to: Mt. Rainier Bank, 501 Roosevelt Ave., Enumclaw,
WA 98022. If you suggest that an unauthorized transfer may have occurred, we may
require you to sign an affidavit. Also contact us with any other questions or
problems that you may have regarding the Service, including:
* You have a
problem with a transfer you authorized, or your statement reflects a transfer
you think is in error.
* You need to obtain documentation concerning a transfer
previously issued from your account. (There may be a fee for these requests, as
disclosed in the Schedule of Fees at the end of this Agreement).
i. Disclosure
of Account Information. We may disclose information to third parties about your
account or the payments or transfers you make:
* When necessary for verifying
or completing payments or transfers, or to resolve a problem related to a payment
or transfer;
* To verify the existence and status of your account for a third
party such as a credit bureau or merchant;
* If you give us your written (including
electronic message) permission; or
* As otherwise permitted or required in
Mt. Rainier Bank's Deposit Agreement and Disclosures or other applicable
agreements, or by law or government regulations.
3. Additional Provisions
Applicable Only to Business Accounts. When you transfer funds using Mt. Rainier
Bank Internet Banking in connection with business accounts, the information
in this Section 4 applies to you.
a. Enrollment Form and Certification of
Authority. Before using the Service, you must execute and deliver to us an Access
Identifier Enrollment Form, which includes a Certification of Authority. This
enrollment form is incorporated by reference as part of this Agreement. Only a
person whose Access ID has a "Financial Transaction" or "Bill Payment"
activity level may sign up for the Mt. Rainier Bank Internet Banking
Funds Transfer Service.
b. Protecting Your Access ID and Password. You agree
that we may send confidential mailings, including Access ID and Password confirmations,
to the current address shown in our records for your primary checking account,
whether or not that address includes a designation for delivery to the attention
of any particular individual; and you further agree that Mt. Rainier Bank will not be responsible or liable to you in any way in the event that such
properly addressed information is intercepted by an unauthorized person, either
in transit or at your place of business.
You agree to: (1) keep your Access
ID and Password secure and strictly confidential, providing them only to authorized
signers on your account(s) or other trusted employees, agents, etc. who you want
to act as your representative to access your account(s); (2) instruct each person
to whom you give your Access ID and Password that he or she is not to disclose
them to any unauthorized person; and (3) immediately notify us and select a new
Access ID and Password if you believe your confidential codes may have become
known to an unauthorized person. Mt. Rainier Bank shall have no liability
to you for any unauthorized payment or transfer made using your Access ID and
Password that occurs before you have notified us of possible unauthorized use
and we have had a reasonable opportunity to act on that notice. We reserve the
right to suspend or cancel your Access ID and password, even without receiving
such notice from you, if we suspect they are being used in an unauthorized or
fraudulent manner.
c. Your Obligation to Examine Records And Report Discrepancies.
Mt. Rainier Bank provides no separate written confirmation of individual
payments or transfers. Confirmation is provided through online information available
from the Service and through your periodic mailed account statements. You agree
to examine your statement promptly and to notify us immediately of any discrepancy
between the statement and your other account records. You also agree to notify
us immediately of any discrepancy you may find in reviewing online information.
In no event shall Mt. Rainier Bank be liable for interest compensation
as described below, unless we are notified of a discrepancy within 60 days from
the date of your first statement reflecting the discrepancy.
d. Acknowledgment
of Commercially Reasonable Security Procedures. By using the Service, you acknowledge
and agree that this Agreement sets forth security procedures for electronic banking
transactions which are commercially reasonable. You agree to be bound by any instructions,
whether authorized or unauthorized, which we implement in compliance with these
procedures, unless you have given us prior notice of possible unauthorized use
as described above (and we have had a reasonable opportunity to act on such notice).
e. Limitation of Bank's Liability. If we fail or delay in making a payment
or transfer pursuant to your instructions, or if we make a payment or transfer
in an erroneous amount which is less than the amount per your instructions, unless
otherwise required by law our liability shall be limited to interest on the amount
which we failed to timely pay or transfer, calculated from the date on which the
payment or transfer was to be made until the date it was actually made or you
canceled the instructions. We may pay such interest either to you or the intended
recipient of the payment or transfer, but in no event shall we be liable to both
parties, and our payment to either party shall fully discharge any obligation
to the other. If we make a payment or transfer in an erroneous amount which exceeds
the amount per your instructions, or if we permit an unauthorized payment or transfer
after we have had a reasonable time to act on a notice from you of possible unauthorized
use as described above, unless otherwise required by law our liability shall be
limited to a refund of the amount erroneously paid or transferred, plus interest
thereon from the date of the payment or transfer to the date of the refund, but
in no event to exceed 60 days' interest. If we become liable to you for interest
compensation under this Agreement or applicable law, such interest shall be calculated
based on the average federal funds rate at the Federal Reserve Bank in the district
where Mt. Rainier Bank is headquartered for each day interest is due,
computed on the basis of a 360-day year. Unless otherwise required by law, in
no event will Mt. Rainier Bank be liable to you for special, indirect
or consequential damages including, without limitation, lost profits or attorneys'
fees, even if we are advised in advance of the possibility of such damages.
MISCELLANEOUS
PROVISIONS RELATED AGREEMENTS
Your Mt. Rainier Bank accounts
accessed by Mt. Rainier Bank Internet Banking continue to be governed
by the following Mt. Rainier Bank agreements and documents, as they are
amended from time to time: (1) Deposit Agreement and Disclosures, (2) the applicable
Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for
Personal or Business Accounts, and, for Money Market Accounts, your Money Market
Account Customer Agreement. If you have overdraft protection or credit card accounts
that are accessed by the Service, they continue to be governed by the applicable
agreements you have with Mt. Rainier Bank. If any inconsistency exists
between such other documentation and this Agreement, then this Agreement shall
control to the extent of the inconsistency.
OUR
ABILITY TO TERMINATE SERVICES
You are responsible for complying with all
the terms of this Agreement and with the terms of the agreements governing the
accounts to or from which transfers are made using the Service. We can terminate
your electronic banking privileges under this Agreement without notice to you
if you do not pay any fee when due, or if you do not comply with any agreement
governing your accounts, or if any such account is not maintained in good standing.
We can also terminate the Service if we believe that an actual or potential unauthorized
use of your Access ID, Password or account may be occurring. Mt. Rainier Bank reserves the right to terminate your access to the Mt. Rainier Bank
Online Service or any portion of it in its sole discretion, without notice and
without limitation, except as may be required by law.
AMENDMENT
We can amend this Agreement upon notice to you, which you agree may be sent
by e-mail. Any notice will be effective not later than ten (10) days after we
send the notice (unless a law or regulation requires a longer notice period),
whether or not you have retrieved the notice by that time.
NEW SERVICES
We may, from time to time, introduce new services that are part of Mt. Rainier
Bank Internet Banking. We will update this Agreement to notify you of
these new services. By using Mt. Rainier Bank Internet Banking after
those new services become available, you agree to be bound by the terms contained
in the revised agreement.
VIRUS PROTECTION
You agree that Mt.
Rainier Bank is not responsible for any electronic virus that you may
encounter using Mt. Rainier Bank Internet Banking. We encourage you to
routinely scan your PC and diskettes using any reliable virus protection product
to detect and remove any viruses found. Undetected or unrepaired, a virus may
corrupt and destroy your programs, files and even your hardware.
OUR
LIABILITY
Except as specifically provided in this Agreement or where the
law requires a different standard, you agree that Mt. Rainier Bank Corp.
nor any of its subsidiaries or affiliates (collectively, "Mt. Rainier Bank") nor any third party service providers engaged by Mt. Rainier Bank to perform any of the services connected with Mt. Rainier Bank Internet
Banking shall be responsible for any damages, loss, property damage or bodily
injury, incurred as a result of your using or attempting to use the Mt. Rainier
Bank Internet Banking Service, whether caused by the equipment, software,
Internet browser providers such as Netscape (Netscape Navigator browser) or Microsoft
(Microsoft Internet Explorer browser), Internet access providers or on-line service
providers or an agent or subcontractor of any of the foregoing. Nor shall Mt.
Rainier Bank or any third party service providers engaged by Mt. Rainier
Bank be responsible for any direct, indirect, special or consequential,
economic or other damages arising in any way out of the installation, use or maintenance
of the equipment, software, Mt. Rainier Bank Internet Banking or Internet
browser or access software, or from the unavailability of Mt. Rainier Bank Internet Banking or for any errors in information provided through that service.
CHARGES AND FEES
Customer Service requests for which you may
be charged by Mt. Rainier Bank include: ordering copies of checks, copies
of statements or other requests made through the 'Send a Request' option. These
service requests are subject to Mt. Rainier Bank's normal service charges
that were disclosed at account opening and in any subsequent editions of or amendments
to your Schedule of Fees brochure. Please refer to the latest version of your
Schedule of Fees & Disclosure document and any applicable amendments. Transfers
of funds using Mt. Rainier Bank Internet Banking are free except as follows.
If you have a Money Market Account, the number of transactions that you are allowed
during a monthly statement cycle is limited. Transfers through Mt. Rainier Bank Internet Banking are counted, and if you exceed the total number of authorized
transactions for those accounts, your account will be charged as stated below.
If a transfer from a deposit account draws funds from an overdraft line of credit,
or you directly make a transfer from your line of credit, you may be charged a
fee for each advance, as stated in your line of credit agreement.
On Money
Market Savings accounts, the number of transfers that you are allowed during a
monthly statement cycle are limited. Transfers through Mt. Rainier Bank
Internet Banking are included, and if you exceed the total number of authorized
transactions for these accounts, your account may be charged an excessive activity
fee. The fees are as follows:
Schedule of Fees:
Regular Savings
If
balance falls below $100, service charge will be $1.00 per month (over 4, a service
charge of $1.00 per withdrawal).
Money Market Savings
Account limited to
6 transactions per calendar month, with no more than 3 by check ($5.00 per check
charged for each check over 3 check limit).
ENTIRE AGREEMENT
This
Agreement, as it may be amended from time to time, and if you are a business customer,
your Access ID. Agreement and Disclosure and the Access Identifier Enrollment
Form, contain the entire understanding between you and Mt. Rainier Bank
concerning the Mt. Rainier Bank Internet Banking service, and supersedes
any verbal conversations, other communications, and previous agreements, if any.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
Your registration
for Mt. Rainier Bank Internet Banking confirms (1) your agreement to
be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment
that you received and understand the terms of this Agreement.
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