License Agreement

IMPORTANT! ONLINE SECURITY NOTICE We at Bank of Hillsboro want you to know that protecting your identity and your personal information are two of the most important things that we deal with each and every day. It is for this reason that we will NEVER for any reason send you an email or call you on the phone requesting your account numbers, Social Security Numbers, Debit card numbers or other financial information. Please do not respond to emails or give this private and sensitive information verbally out to anyone without positive verification. For more detailed information regarding how to protect your accounts see “Security Alert” on our homepage. ACCOUNT AGREEMENT By clicking the "I Agree and continue" button below, I consent to receiving the agreement and disclosures for the Express24 Online banking service, the Express24 Online Consumer Services Agreement, including any future amendments, any subsequent disclosures such as periodic statements or changes to the terms of the agreement, and any other communication related to Express24, electronically. I understand that the Bank may not provide periodic statements and amendments to the agreement to me electronically at this time, but does not waive its right to do so in the future. If my email address changes, I agree to provide the Bank with my new email address as soon as possible, by changing my email address through the Online Banking Service or contacting our customer service department. If I do not provide the Bank with my new email address, the Bank will have met its obligations to provide electronic notice if it sends electronic notices to me at the most recent email address that the Bank has in its records. By clicking the "I Agree and continue" button below, I also acknowledge that I can access this information in the electronic form that is used to provide this consent form and will be used to provide the Express24 Online Consumer Services Agreement, any subsequent disclosures, and any other communication related to Express24 Online Banking. This Express24 Online agreement ("Agreement") governs your use of online banking, and presentment services by personal computer using the Internet with Bank of Hillsboro for consumer accounts and the information about your designated accounts at Bank of Hillsboro that you can access through Express24. This Agreement only applies to consumer transactions. All Express24 Online transactions are also subject to applicable laws, regulations, rules, the applicable Account Agreement and Service Charge Schedule, and other agreements covering your accounts at Bank of Hillsboro. DEFINITIONS As used in this Agreement, the term "Express24" refers to Bank of Hillsboro’s Internet accessed online banking service, and may be referred to as the "Services." The terms "we," "us" and "Bank" refer to Bank of Hillsboro, and the term "you" refers to the Services user, whether singular or plural, who applied for use of the Services for designated accounts and was approved by the Bank. "Account" and "Accounts" refer to your accounts at Bank of Hillsboro, that you designated and we approved for the Services use. You acknowledge that the Accounts may include consumer deposit accounts held that are insured by the Federal Deposit Insurance Corporation ("FDIC") to the extent permitted by law. ELIGIBILITY To use the online banking Services, you must have an eligible Bank of Hillsboro Account. Only those Accounts designated by you and approved by us may be accessed through the Services. We reserve the right to restrict use of the Services for one or more types of Accounts or transactions and to impose other limits or restrictions on use of the Services. You can only access Accounts on which you are an authorized signatory. You cannot use the Services to make transactions from Accounts where more than one signature is required for withdrawal. PASSWORD AND SECURITY The Bank will either provide you with a confidential Password or you may select your own Password to access your Accounts through the Services. You agree that use of your Password constitutes your authorization for all transactions made using your Password, including all preauthorized electronic fund transfers, and has the same effect as your written signature. You will be required to select and answer a Confidential Password Reset Question. This question and answer can be used in the future to reset your Password should you forget it. You agree not to give or make your Password available to any unauthorized individuals. If you believe that your Password is lost or stolen, or that someone may attempt to use the Services without your consent or has transferred money without your permission, you must notify the Bank at once by calling (636) 797-3337. If you believe that your Password is lost or stolen, please call us; do not send an email message. AVAILABLE SERVICES You may use the Services to access your Accounts for online banking and presentment services by personal computer as designated on your enrollment form and approved by the Bank or as otherwise permitted by the Bank. The Services are available 24 hours a day, 7 days a week. However, the Services may not be available from time to time for system maintenance. You may access your account(s) to: • Transfer funds between your accounts, • Make payments from your accounts to loan accounts with us, • Get account information about your account(s) balance and account history. TRANSACTION INFORMATION Unless otherwise indicated, the balance information displayed through the Services is the current available funds balance for your deposit Account. The balance displayed on loan, line of credit, and mortgage Accounts is the principal balance as of the close of business on the preceding business day. Transaction history that you obtain through the Services is current as of the close of business on the preceding business day. "Today's Activity" includes outstanding ATM and debit card authorizations and holds on the deposit Account. BUSINESS DAYS Every day is a business day for the Bank except Saturdays, Sundays, federal holidays and days the Bank is closed. PROCESSING TIMES Express transfers will be completed at the time the Bank receives your request before 2:00pm Central time. Future dated and recurring transfers will be completed by 6:00 a.m. (Central Time) on the date they are scheduled to be made. Future dated and recurring transfer requests must be received by 2:00 pm (Central Time) on the previous day that the transfers are scheduled to be made. Future dated and recurring transfers can be scheduled for any day of the week, including holidays. If a recurring transfer is scheduled to be made on a date that does not occur in a given month, e.g. the 29th, 30th or 31st, it will be made on the last day of the month. TRANSFER PROCESSING Scheduled transfers will only be made if there are sufficient available funds in your Account at the time the transfer is scheduled to be made. The amount of each transfer will be debited from your Account at the time that the transfer is made. Transfers to loan, line of credit and mortgage Accounts may only be made if the loan, line of credit, or mortgage Account is in good standing at the time the transfer is made. LIMITATIONS ON THE FREQUENCY OF TRANSACTIONS ON MONEY MARKET AND SAVINGS ACCOUNTS In accordance with federal regulations, no more than six preauthorized, automatic or telephone transfers or withdrawals (including online banking transactions) are permitted from a money market or statement savings Account in a statement cycle. Three of these six transfers or withdrawals may be made by check, draft, or point of sale (POS) withdrawal (to the extent that these services are available on an Account). Transfers from a passbook savings account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer are limited to six per month with no transfers by check, debit card or similar order to third parties. A charge may be assessed for each transfer or withdrawal that exceeds these restrictions in accordance with our Service Charge Schedule. We may close your Account if you continue to exceed these limitations. STOPPING, MODIFYING OR CANCELING PAYMENTS AND TRANSFERS Transfers You may modify or delete future dated or recurring transfer requests made using the Services prior to 2:00 pm (Central Time) on the date prior to the process date the transfer is scheduled to be made. Express transfers cannot be cancelled after the transfer request is received by the Bank. FEES AND CHARGES There is no charge for the online banking. However, any fees and charges incurred in connection with the Services such as stop payments will automatically be deducted from your designated checking Account. If you close this Account, you must notify us immediately and designate a new Account from which the fees and charges for the Services will be automatically deducted. If there are not sufficient funds in your Account to cover these fees and charges, we may charge or offset these fees and charges against all of the funds in any Account in which you have an interest. Please see the applicable Service Charge Schedule for other charges that may apply to your Accounts. You agree to pay all fees and charges related to the Services and your Accounts as set forth in this Agreement, the applicable Account Agreement and Service Charge Schedule, and any expenses, costs and fees relating to any transaction using the Services or enforcement of this Agreement. This includes reasonable attorney's fees and legal expenses, subject to limitations imposed by federal and state laws and regulations. USE OF THE SERVICES As a condition of using the Services, you agree that you will: 1. Not allow anyone else to use the Services to access your Accounts or make transfers or bill payments; 2. Safely keep your Password in your sole possession and not disclose or make it available to anyone else; 3. Only use the Services in accordance with this Agreement and any other instructions we furnish to you for the purposes authorized by us; and 4. Immediately report to us any loss, theft, or suspected unauthorized use of your Accounts by calling our customer service department. YOUR LIABILITY In General You authorize us to credit or charge your Accounts for all payments and transfers initiated through the Services with your Password. You are liable for all of these transactions and for all unauthorized transactions to the extent permitted by applicable state and federal law. Tell us AT ONCE if you believe your codes have 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 2 business days, you can lose no more than $50 if somebody used your codes without your permission. If you do not tell us within 2 business days after you learn of the loss or theft, and we can prove we could have stopped someone from using your codes 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 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed on this disclosure. OUR LIABILITY We will use our best efforts to make all your transfers and payments properly Additionally, we have no obligation to make payments or transfers and shall incur no liability or obligation for late charges or penalties, if we are unable to complete any payments that you initiate through the Services due to any one or more of the following circumstances: 1. Your Account is closed, does not contain sufficient available funds to complete the payment or transfer, is subject to legal process or otherwise encumbered, the payment or transfer would exceed the credit limit of your overdraft account or the cash advance would exceed the available credit limit on your line of credit Account; 2. Your equipment, software or the Services is not working properly and you know, or are advised, about the malfunction before you execute the transaction; 3. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, service interruptions on the Internet or through your Internet service provider, or equipment malfunctions that occur despite ordinary maintenance) prevent the proper execution of the transaction and we take reasonable precautions to avoid these circumstances; 4. Our agreement to provide the Services to you is terminated; 5. Applicable law prevents completion of the transfer; or 6. Unusual or extraordinary circumstances that indicate improper or unlawful use of your Account. There is no representation that Services will be uninterrupted or error-free. Our sole obligation to you arising out of non availability, interruption, or delay in providing the Services, shall be to use commercially reasonable efforts to resume the Services. THE PROVISIONS CONTAINED IN THE PRECEDING PARAGRAPHS CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS, SUBCONTRACTORS, OR AFFILIATE, PARENT OR SUBSIDIARY ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF SOFTWARE, EQUIPMENT, AND/OR THE SERVICES. THE BANK IS NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS. EXCLUSION OF WARRANTIES THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SERVICE Please call us with your questions or if you need assistance in using the Services between 9:00 a.m. and 4:00 p.m. (Central Time) Monday through Friday and 8:00 a.m. and 12:00 p.m. (Central Time) on Saturday (636) 797-3337 ERRORS AND QUESTIONS In case of errors or questions about your online banking you should: 1. Telephone us at (636) 797-3337 or 2. Write us at: Bank of Hillsboro 10625 Highway 21 Hillsboro, Missouri 63050 In case of errors or questions about your online banking, you should contact us as soon as you can if you think that your bank statement is wrong or you need more information about a transfer or bill payment listed on the statement. We must hear from you no later than 60 days after we send the first paper or online statement on which the problem or error appeared. You must: 1. tell us your name and Account number; 2. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and 3. tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send your complaint to us in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transaction involved a new account or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account was opened. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. Bank of Hillsboro Bookkeeping 10625 Highway 21 Hillsboro, Missouri 63050 Phone: (636) 797-3337 Returned Items and Overdrafts At our discretion, we may return or not complete payments or transfer for any of the reasons stated in this Agreement, including where there are not sufficient available funds in your Account to cover the transaction on the day the payment or transfer is to be made. If we make a payment or transfer that is returned or that is paid on an overdrawn Account, you may be charged for the returned or paid item and for each day that there is activity in your Account and it remains overdrawn as stated in the Account Agreement and Service Charge Schedule in our Consumer Deposit Account Information brochure. Additionally, you agree to reimburse us immediately upon demand for the amount of the payment or transfer and any related fees or charges. Statements and Records You can use the Services to print a statement of transactions from your Account. These statements are not considered official records of the Bank. You will continue to receive your regular monthly Bank statements. Your use of the Services, conversations with Customer Service representatives, and email messages may be monitored or recorded in order to help us provide you with better service. You consent to this as a condition of using the Services. Notices, Email, Address Changes You may use the Services to send us email messages. We may also send messages and notices to you via email. All confidential information should be sent to us using the appropriate screens in the Services. We recommend that you do not send any confidential information to us using any email service. Email messages to us are not considered received by us until they are opened by our representatives. Address Changes You agree to notify us promptly, in writing, of any change of address at: Bank of Hillsboro 10625 Highway 21 Hillsboro, Missouri 63050 Termination or Discontinuation If you wish to discontinue use of the Services, you must send us a signed, written request by United States mail at least 10 business days prior to termination. Once we have acted upon your termination notice, or if we terminate your use of the Services, we will make no further transfers or payments from your Accounts through the Services, including any transfers or payments you have previously authorized. We may suspend or terminate your use of the Services at any time without notice or refund of previously incurred fees. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement. Change in Terms We may modify this Agreement, including any applicable fees or charges, at any time. We will send you notification of the change by email or United States mail, at your address as it appears on our records, at least 21 days before it takes place if the change involves the imposition of, or an increase in, a fee, an increase in your liability, fewer ways you can use the Services, or stricter limitations on use of the Services. Your use of the Services after any change or amendment constitutes your agreement to the change and to pay any applicable fees. Additionally, we may revise or update the Services at any time. We reserve the right to terminate your use of prior versions of the Services and limit access to more recent revisions and updates. If any expanded Services are made available to you, you agree that any additional or modified Services are also subject to this Agreement, as it may be amended. Electronic Disclosures You agree that we may provide you with this Agreement including any future amendments, subsequent disclosures for the Services, or any other notice or communication related to the Services ("Disclosures"), electronically. All electronic notices and communications will be posted on the Bank of Hillsboro web site for a period of at least 90 days. If you would like the Bank to provide you with a printed copy of this Agreement or any Disclosure, you must contact Customer Service by email through the Online Banking Service or by telephone at (636) 797-3337. If your email address changes, you agree to provide us with your new email address as soon as possible, by sending an email message to us through the online banking service. If you do not provide us with notice of your new email address, we will have met our obligation to provide electronic notice if we send electronic Disclosures to you at the most recent email address in our records. Disclosure of Account Information to Third Parties We may disclose information to third parties about your Account or transfers you make: 1. Where it is necessary for completing transactions; 2. To verify the existence and condition of your Account to a third party, such as a credit bureau or Payee; 3. To utilize services of third parties and affiliate entities who assist us in providing the Services; 4. To comply with government agency rules or court orders; 5. If you give us your permission; 6. If any of your Accounts become delinquent or overdrawn, or involved in legal proceedings, information may be released to attorneys, accountants, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement or reporting; 7. To protect against potential fraud and other crimes; or 8. When otherwise permitted by law. Information Authorization You authorize us to obtain credit information about you at any time. You also agree that we may obtain additional information from a Payee or financial institution regarding your accounts to resolve payment problems. Deposit and Credit Agreements The terms and conditions in this Agreement are in addition to any other agreement you have with us, including any deposit account agreement relating to your deposit Accounts ("Deposit Agreement"), and credit agreements relating to your credit Accounts ("Credit Agreement"), including any disclosures made pursuant to such agreements. If your Deposit Agreement, or Credit Agreement does not address online access or use of your Account, this Agreement modifies your Deposit Agreement, or Credit Agreement to include online access or use of your Account. General This Agreement shall be governed by Missouri law and is subject to all applicable state and federal laws and regulations. Your Accounts with us are also governed by the terms and conditions contained in the applicable Account Agreement, Service Charge Schedule and other agreements that pertain to each of your Accounts. We may enforce any of our rights under the Agreement even if we choose not to exercise any right in a particular circumstance. The invalidity of any provision of this Agreement shall not affect other provisions. All representations regarding liability and warranties, including but not limited to, the Your Liability and Our Liability sections of this Agreement, shall survive termination of the Agreement. You may not assign this Agreement to any other party. We may assign or delegate certain of our rights and responsibilities under this Agreement to affiliate entities, independent contractors or other third parties. If more than one person is authorized to use the Services, they are bound jointly and severally under this Agreement and the Bank may act on the instructions or orders of any authorized user.