Terms & Conditions for Personal Online and Mobile Banking

IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY AND CONSULT LEGAL COUNSEL BEFORE SIGNING. THIS CONTRACT REQUIRES YOU TO WAIVE RIGHTS TO LITIGATE CERTAIN ISSUES AND TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST STOCKMAN BANK.  IN LIEU OF THOSE RIGHTS AND LITIGATION PROCESSES, THIS CONTRACT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES UNLESS YOU FOLLOW THE PROCEDURE TO OPT-OUT OF THE WAIVER AND ARBITRATION AGREEMENT PROVISIONS BY FOLLOWING THE PROCESS SET FORTH BELOW.  SEE “ARBITRATION AND WAIVER OF CLASS ACTION” BELOW.

This "Agreement" sets forth the terms and conditions for accessing your accounts within online and mobile banking, and explains the terms and conditions that govern, regulate, and protect the integrity of data which electronically transacts and communicates the products and services between you and Stockman Bank of Montana through your use of these access points through your electronic access devices. The accounts that may be accessed via Online or Mobile include only accounts maintained at Stockman Bank and designated by Stockman Bank as an eligible account. The applicable "Terms and Conditions of Your Account” and supplemental disclosures, you received upon opening your accounts continue to govern each of your accounts and the terms and conditions described herein relate to Online and Mobile Banking, and supplement these account terms and conditions, unless otherwise specifically noted in this document.

The following services are offered via online and mobile banking:

• Online Banking
•  Mobile Banking
• Alerts
• Bill Payment
• Card Protect
• Online Statements
• Mobile Remote Deposit
• Loan Payment
• External Transfers
• Zelle Network®

General Terms and Conditions for all Services:

Agreement Definitions

The terms within this Stockman Bank Terms and Conditions for Personal Online Banking and Mobile Banking are as follows:

"We," "us," "our," "Stockman Bank," and "Bank" refers to Stockman Bank of Montana.

"You" refers to each signer on an account and entering into and executing this Agreement.

"Business Day" shall mean every day except Saturdays, Sundays, and federal holidays.

"Agreement" or “Online User Agreement” refers to this Stockman Bank Terms and Conditions for Personal Online Banking and Mobile Banking agreement entered into by You and the Bank.

"Site" "Online Banking" “Online” “Mobile" or “Bill Payment" refers to Stockman Bank of Montana’s transactional access website(s) through your various electronic access devices.

“Account” is an account with us which is eligible for use in online and mobile banking. An Account may be a deposit account or loan account.

“Authorized Principal” is an individual authorized by a business entity (such as a sole proprietorship, partnership, corporation, or limited liability company) to legally bind the entity and act on its behalf. Only one Authorized Principal may be designated.

“Business Account” is an Account that is not a Consumer Account. Access for a Business Account may be delayed in order to verify the authority of the Authorized Principal.

“Closely Held Business Account” is a Business Account that is held by a business that utilizes the same tax identification number as a Consumer Account (i.e., the social security number of the owner of the Consumer Account).

“Consumer Account” is an Account which is held by an individual for personal, family or household purposes.

"Eligible Transaction Account" is a transaction Account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited. An Eligible Transaction Account may include a checking or money market account.

"External Account" is your transaction account at another financial institution to or from which money is transferred utilizing Personal Online or Mobile Banking.

“Linked Accounts” means Accounts that are included in your customer profile on Online or Mobile. Some Linked Accounts listed in your customer profile may not be eligible for all Services based upon account type or designation as a Consumer Account or a Business Account.

"Payment Instruction" is the information provided for a payment or transfer to be made.

“User Access Information” means access and authentication credentials, security codes, passwords, security questions and answers, account numbers, login information, and any other security or access information, used by you (or others to whom you have granted authority) to access Online, Mobile and your Accounts with us and/or perform transactions.

Accepting the Agreement

When you use Online or Mobile or authorize others to use, you acknowledge that you have received and understand this Agreement and agree to the terms and conditions of this entire Agreement.

Relation to Other Agreements

In addition to this Agreement, you agree that your Accounts and the use of Online or Mobile Banking will be governed by the terms and conditions contained in the account agreement(s) and disclosures (“Terms and Conditions of Your Account”) applicable to the Accounts for which Online or Mobile Banking is used. In the event of a conflict between this Agreement and an Account Agreement, this Agreement shall control as to the specific conflict at issue unless this Agreement specifically states otherwise.

Amendments

We may amend this Agreement and any applicable fees and charges for Online or Mobile Banking at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of Online or Mobile Banking after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance Online or Mobile Banking and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of Online or Mobile Banking, and/or related applications and material, and limit access to only Online or Mobile Banking’s more recent revisions, updates, upgrades, or enhancements.

Eligibility

Online and mobile banking is offered only to individual residents of the United States and select Small Businesses (may require additional criteria) who can form legally binding contracts under applicable law. Without limiting the foregoing, Online and Mobile Banking is not offered to minors unless the minor is using an Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using online or mobile banking, you represent that you meet these requirements and that you agree to be bound by this Agreement. No foreign transactions are permitted using online and mobile banking and you represent and warrant that the External Account is located in the United States.

Authorization:

Consumer Accounts

You represent and warrant that you are either the sole owner or a joint owner of the Account and, as applicable, the External Account and that you have all necessary legal right, power, and authority to transfer funds between Accounts and, as applicable, the External Account. If you are a joint owner of the Account, the External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such accounts without liability to such other joint owners. 

Business Accounts 

You represent that you are an Authorized Principal of the business that owns the Account and, as applicable, the External Account and that you have all necessary legal right, power, and authority to act on behalf of the business to transfer funds between Accounts and, as applicable, the External Account. You agree, on behalf of yourself and the business, to notify us by contacting us if your access to or authority over the Account changes (see Communicating With Us). We will not be liable for any unauthorized activity prior to notification or until we have had a reasonable opportunity to act.

Linking of Consumer and Business Accounts

If you use your social security number to enroll in online or mobile banking, your Linked Accounts will include your Consumer Accounts as well as Closely Held Business Accounts which are any Business Accounts that utilize your social security number as a taxpayer identification number. Error resolution procedures and other terms and conditions of online and mobile banking are different for Consumer Accounts and Business Accounts. Note, the guarantees and disclosures made by the Bank are applicable only to your Consumer Accounts and will not be applicable to any of your Business Accounts. Please review the specific guarantees and disclosures for details.

System Requirements

To access Online or Mobile Banking you must have a supported browser, access application(s) "apps" or other supported software for electronic access device(s). There is a list of supported browsers on the System Requirements page of our website. It is your responsibility to ensure that your System is compatible with the Online or Mobile and you acknowledge that you are solely responsible for the cost, operation, and security of your System.

Password Requirements

For your protection, your password must be a minimum of 8 and a maximum of 32 characters and must contain characters from the following three categories:

• Letters
• Numbers
• Any special character

Passwords are case sensitive with upper- and lower-case capabilities. Passwords cannot contain any whitespace; spaces are not allowed, and they cannot be a substring of your username. We recommend you change your password frequently and immediately if you believe your password is compromised. Passwords are unique to each user accessing Online or Mobile. For joint and multiple signer accounts, each signer is assigned a unique username and password and is responsible for the confidentiality of their individual username and password. Usernames and passwords must never be compromised or shared with any person or signer on an account.

Fees

There are no periodic or transaction fees for accessing your account(s) through Online or Mobile. All other fees, as applicable and described in "Terms and Conditions of Your Account" disclosures, will be charged to you as normally applied.

Be advised that fees may be assessed and billed to you for time spent on Online or Mobile, via internet access, separately by your online or mobile phone or other access device service provider or other service provider not affiliated with Stockman Bank.

Security

In order to maintain secure communications and reduce fraud, you agree to protect the security of all account information, including, without limitation, your username, password, account numbers, codes, marks, signs, public keys, or other means of identification (the “Account Information”). You agree to never leave your computer or mobile device unattended while using Online or Mobile Banking and always exit Online or Mobile Banking by clicking “Log Out.” You acknowledge and agree that if you permit another person or persons to use Online or Mobile Banking (via Shared Access or otherwise) or give them your User Access Information you are responsible for any transactions, transfers of payments that person makes from your Account, even if that person exceeds your authorization. 

Bank reserves the right to suspend or block access to Online or Mobile Banking to maintain or restore proper security to Bank’s website and systems relating to Online or Mobile Banking, if Bank reasonably believes your Account Information has been or may have been obtained by or is being used by or may be used by an unauthorized person or unauthorized persons. If you believe that any Account Information may have been lost, stolen, or mishandled, or that someone has transferred or may transfer money from your account or accounts without your permission, you must immediately notify the Bank. If you are locked out of Online or Mobile Banking, you will need to contact the Bank in order to restore access.

As additional security, Bank through Online and Mobile access channels may require you to verify your log in or transactions by use of various authentication processes or devices. After entering your username and password, you will need to perform an additional step(s) to authenticate your log in and/or transaction(s).

Transmission and Transaction Risks

You acknowledge that the electronic transmission of confidential information is performed at your own risk. You assume all liability and responsibility to monitor the Accounts and in the event you discover or suspect an objectionable or unauthorized transaction or activity in an Account, you will immediately notify us. See Communicating With Us section below.

Interruption of Service

Online or Mobile Banking may be unavailable at certain times for the following reasons:

• Scheduled maintenance or upgrades
• Unforeseen, unscheduled maintenance as necessary from time to time
• Outages caused by major unforeseen events impacting us or our Service Providers, such as, but not limited to, earthquakes, fires, floods, computer failures, interruptions in telephone or internet service or electrical outages that interrupt access to Online or Mobile Banking. System interruptions or failures, which are expressly not our responsibility.
  

Although we will make all reasonable efforts to ensure the availability of Online and Mobile Banking, we are in no way liable for the unavailability of Online or Mobile Banking or any consequential damages that may result therefrom.

Acceptable Use

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Online or Mobile Banking, regardless of the purpose of the use, and for all communications you send through Online or Mobile Banking. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using Online or Mobile Banking for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy Online or Mobile Banking or the portion of the Site through which Online and Mobile Banking is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Online or Mobile Banking, or interfere or attempt to interfere, with the Site or Online or Mobile Banking; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

Communicating With Us

Sending us an email is a way of communicating with the Bank’s customer support personnel. You may contact us 24 hours a day, 7 days a week via email. We will respond to your email inquiry, response, or comment during regular business hours. You hereby acknowledge that any emails sent to Stockman Bank through your personal email and not through the Bank’s secure website is not considered a secure method of communication.

You can contact us securely on our Online or Mobile Banking website by selecting "Contact Us" or by clicking here to get to our secure contact form.

You cannot use email to conduct transactions on your account(s). For account transactions please use the applicable functions within 1) Stockman Online, or Mobile 2) TeleBank at 1‐888‐669‐0724, or 3) by calling customer service at 1‐877‐300‐9369.

Communication With You

You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within Online Banking, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in Online or Mobile Banking setup or customer profile. For example, users of Online or Mobile Banking may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described above (Communicating With Us). We reserve the right to charge you a reasonable fee to respond to each such request. We reserve the right to terminate your use of Online or Mobile Banking if you withdraw your consent to receive electronic communications.

Text Messages, Calls and/or Email to You

By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number and/or emails from us for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our Affiliates and agents. You further consent to receiving text messages from us at that number, and/or emails from us for marketing purposes in connection with Online and Mobile Banking and consistent with our Privacy Notice. Please review our Privacy Notice for more information.

Your Contact Information

It is your sole responsibility, and you agree to ensure that the contact information with which you provide us is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of Online or Mobile Banking or by contacting us as set forth above (Communicating With Us). We are not responsible for any errors or fees incurred if you do not provide accurate contact information.

Information Authorization

Your enrollment in Online or Mobile Banking may not be fulfilled if we cannot verify your identity or other necessary information. In addition, and in accordance with our Privacy Notice, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information, and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access Online or Mobile Banking, to authenticate you when you log in, to send you information about Online or Mobile Banking, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve Online or Mobile Banking and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with Online and Mobile Banking in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of Online and Mobile Banking.

Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Service Termination, Cancellation or Suspension

If you wish to cancel Online or Mobile Banking, you may contact us as set forth above (Communicating With Us). Any payments or transfers that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of Online and Mobile Banking at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

Responsibility to Access Online or Mobile Banking

You understand that maintaining an awareness of your Online and Mobile Banking enrollment is an important control element. We will be periodically implementing new features, changing security and hardware requirements, issuing changes to this, and other linked documents and providing other important information that will be pertinent to your Online or Mobile Banking usage. You agree that you will periodically log into Online and Mobile Banking to ensure you are aware of these and other developments that may affect how you interact with the system. Stockman Bank will disable Online Banking and Mobile access if you have not logged into Online or Mobile Banking in the last thirteen (13) months. If that occurs, you will need to contact Stockman Bank at 1‐877‐300‐9369 or at any of our Stockman Bank locations to reactive your account. If you fail to log in for twenty-four (24) months, your access will be removed and any recuring transactions (i.e. Bill Pay, Zelle and internal/external transfers and payments) will cease. If you decide to re-establish your account after that, you will need to re-enroll in Online and Mobile Banking.

Links and Frames

Links to other sites may be provided on the portion of the Site through which Online and Mobile Banking is offered for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of Online Banking web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.

Remedies

If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or Online and Mobile Banking; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of Online or Mobile Banking for any reason or no reason and at any time. The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

Disputes

In the event of a dispute regarding Online or Mobile Banking, you and we agree to resolve the dispute by looking to this Agreement.

ARBITRATION AND WAIVER OF CLASS ACTION  -

Generally - You and we agree that either you or we may elect to resolve any dispute arising out of or relating to your account(s) with us (any such dispute, a “Claim”) through arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. If you or we elect to resolve a Claim through arbitration, the Claim shall be resolved through arbitration. This Arbitration and Waiver of Class Action provision (this provision, including the sections with descriptive headings below, the “Arbitration Agreement”) applies to any Claim (1) made after the date this Arbitration Agreement becomes effective, even if the Claim relates to conduct before then, and (2) whether or not the Claim is based in contract, tort, statute, or any other any other legal premise. Either you or we may elect to resolve a Claim through arbitration even if you or we already initiated litigation in court relating to the Claim by (1) making written demand for arbitration upon the other party, (2) initiating arbitration against the other party, or (3) by filing a motion in court to compel arbitration. IF YOU OR WE ELECT TO RESOLVE A CLAIM THROUGH ARBITRATION, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS REGARDING THAT CLAIM. There are limited exceptions to your and our agreement to arbitrate: (1) Claims brought individually in small claims court or transferred to small claims court which shall be resolved in small claims court; (2) this Arbitration Agreement does not prevent you from submitting any issue relating to your account(s) to a governmental agency or governmental entity, nor does it prevent such agency or entity from seeking relief on your behalf; (3) this Arbitration Agreement does not prevent you or us from applying to a court for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment, or other pre-judgment remedies; (4) this Arbitration Agreement does not prevent us from complying with any “legal action” as defined in “Legal Actions Affecting Your Account” in the Terms and Conditions of Your Account; and (5) this Arbitration Agreement does not prevent us from asserting our rights to place administrative holds or interplead funds that are subject to adverse claims as discussed in “Resolving Account Disputes” in the Terms and Conditions of Your Account.

Effective Date - Unless you opt out of this Arbitration Agreement by following the Right to Opt Out section below, it becomes effective 31 days after we provide it to you. If you receive your statements from us by mail, then this Arbitration Agreement was provided to you when we mailed it to you. If you receive your statements from us electronically, then this Arbitration Agreement was provided to you when we sent it to you electronically. If this Arbitration Agreement becomes effective, it changes the part of your contract with us called Terms and Conditions of Your Account.

Arbitration Procedure - If you or we elect to resolve a Claim through arbitration (1) the arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced unless you reside outside of Montana at that time, in which case you can choose the Montana city where it will be conducted, (2) we will pay for any filing, administration, and arbitrator fees the American Arbitration Association charges you, (3) the Claim shall be resolved by a single arbitrator selected under the Consumer Arbitration Rules, (4) the arbitrator must have experience in the types of transactions at issue in the Claim, and (5) judgment on the arbitration award may be entered in any court having jurisdiction. If you or we elect to resolve a Claim through arbitration, you will be responsible for your attorneys’ fees and costs unless you prevail in the arbitration, in which case, we will pay your reasonable attorneys’ fees and costs. Conversely, if we prevail in the arbitration, then you will pay our reasonable attorneys’ fees and costs. For details on how to initiate an arbitration proceeding you can go to the American Arbitration Association’s website, www.adr.org. On that same website you can obtain a copy of the Consumer Arbitration Rules free of charge. If the American Arbitration Association is unavailable to resolve a Claim and you and we do not agree on a substitute forum, then you can select the forum for resolving the Claim.

Enforceability and Severability - If there is a contention about whether this Arbitration Agreement or any part of it is enforceable, the arbitrator shall determine enforceability unless the contention is about the enforceability of the Class Action Waiver section, in which case a court shall determine the enforceability of the Class Action Waiver section. If there is a contention about whether a Claim is subject to arbitration under this Arbitration Agreement, the arbitrator shall make that determination. If the Class Action Waiver section is unenforceable, then the remainder of this Arbitration Agreement is unenforceable. If any part of this Arbitration Agreement besides the Class Action Waiver section is unenforceable then the remaining parts of this Arbitration Agreement remain enforceable. 

Class Action Waiver - ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS CUSTOMER IN A CLASS ACTION LAWSUIT.   

Governing Law and Conflicts - This Arbitration Agreement shall be interpreted and enforced under the Federal Arbitration Act. If this Arbitration Agreement conflicts with the Consumer Arbitration Rules, this Arbitration Agreement controls to the extent of the inconsistency. If this Arbitration Agreement conflicts with the Terms and Conditions of Your Account document or any other part of your contract with us, this Arbitration Agreement controls to the extent of the inconsistency.

Right to Opt Out - You may opt out of becoming bound by this Arbitration Agreement. To opt out you must either: 1) complete an electronic Arbitration Opt Out Form which can be accessed from the link found below; or 2) complete the Arbitration Opt Out Form attached to the Terms and Conditions of Your Account and mail it to Stockman Bank of Montana; Attention: Arbitration - Operations; P.O. Box 250, Miles City, MT 59301-0250. If, within 30 days after we provide this Arbitration Agreement to you, we do not receive notice from you that you are opting out by using one of the methods stated in this section, then you will have agreed to this Arbitration Agreement and you will be bound by its terms.

Indemnification

You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.

Release

You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service.

Disclaimer of Warranties

THE SITE AND ONLINE AND MOBILE BANKING AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF ONLINE AND MOBILE BANKING, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR ONELINE AND MOBILE BANKING AND THE PORTION OF THE SITE THROUGH WHICH ONLINE AND MOBILE BANKING IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, ONLINE AND MOBILE BANKING MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF ONLINE AND MOBILE BANKING, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO ONLINE AND MOBILE BANKING CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ONLINE AND MOBILE BANKING OR THE PORTION OF THE SITE THROUGH WHICH ONLINE AND MOBILE BANKING IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO ONLINE AND MOBILE BANKING OR THE PORTION OF THE SITE THROUGH WHICH ONLINE AND MOBILE BANKING IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN HEREIN WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Waiver

We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Governing Law

You agree that your use of the Stockman Bank of Montana website(s), Online and Mobile Banking, and all transactions between you and Stockman Bank of Montana shall be governed by Montana state law and applicable federal regulation and law. You agree that jurisdiction and venue shall be located in Miles City, Montana. Not all products and services described on our Online and Mobile Banking website(s) are available in all geographic areas. Stockman Bank of Montana reserves the right to determine your eligibility for any Online or Mobile Banking product or service, and you hereby acknowledge that you may or may not be eligible for certain products or services.

Complete Agreement, Severability, Captions and Survival

You agree that this Agreement (together with agreements and disclosures referenced above Relation to Other Agreements) is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to Online and Mobile Banking and the portion of the Site through which Online and Mobile Banking is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections of this Agreement which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to Customer Support personnel), the terms of the Agreement will prevail.

Security

Stockman Bank Online Banking Security

The Online Banking Security system is equipped with state-of-the-art hardware and software engineered by a leading bank vendor. Stockman Bank has implemented fire walls with intrusion detection 24 hours a day 365 days a year.

Stockman Bank is set up through DigiCert and Thawte with Secure Sockets Layer (SSL) certificates using 128‐bit encryption to protect our customers’ information. By using a SSL certificates available from DigiCert and Thawte along with 128‐bit SSL encryption we are enabling our Online site to conduct authenticated, encrypted online commerce. Users visiting our site are able to submit account numbers and other personal information, with assurance that they are really doing business with us (and not an impostor). The information that they are sending and receiving while online with us cannot be intercepted or decrypted by anyone other than the intended recipient.

Product and Service Disclosure

We reserve the right to change the fees or other terms described in the Agreement at any time. This does not include any changes to your "Terms and Conditions of Your Account" you received when opening your account. Changes in Account Terms will always be mailed, emailed or notified by Online Statement or other electronic method at least 30 days in advance of the change pursuant to the terms set forth in those agreements. Any charges, fees or other terms changed that affect this Site will be posted at this Site.

Online Banking

Online Banking Service provides general online access to Accounts. With Online Banking you can view account balances and transaction information, make internal transfers, pay bills, make external transfers and view Online Statements.

Mobile Banking

Mobile Banking Service provides general mobile access to Accounts utilizing a mobile device (e.g. tablet or smartphone). With Mobile Banking you can view account balances and transaction information, make internal transfers, pay bills, make external transfers, view Online Statements and find branch and ATM locations.  Message and data rates may apply.

Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving a message with a verification code which they will have to enter.

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 Stockman Bank of Montana or any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, Stockman Bank of Montana and its affiliates and service providers, 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”). Stockman Bank of Montana 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. Stockman Bank of Montana 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 Stockman Bank of Montana (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 Stockman Bank of Montana 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 Stockman Bank of Montana, 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 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.

Shared Access

Description of the Service

The Shared Access Service provides you with the ability to grant someone Online Banking access (the ability to view Account balances, transaction information, and check images and make Internal Transfers) and Bill Pay Service access to other individuals (“Subusers”). You must be enrolled in Online Banking in order to grant Online access and you must be enrolled in Bill Payment to grant Bill Pay Service access. 

Granting Access

You have sole authority and control in sharing access with Subusers, managing and disabling Subusers, and determining Subuser’s respective authority. As provided above you authorize us to act on transaction instructions initiated under the access credentials of an authenticated Subuser, just as if it was initiated under your credentials. When granting Shared Access, you assume total liability for any and all activities of a Subuser with respect to your Accounts, and you agree to hold us harmless in any claim you make against a Subuser for breach of your agreement with said Subuser.

Use of Google Maps

You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.

Alerts

Alerts are a “self-service electronic account message” and must be activated by you. Alerts allow you to choose Alert messages for your accounts based on activity on your accounts, such as a check clearing or your account balance decreasing below a specified level. Depending on the type of Alert selected, the Alert message may be sent within minutes of the transaction or may be sent the following Business Day. Each Alert provides for different methods of delivery, i.e. email, text messages, etc., and you will select among these options upon activation of an Alert. If your contact information for an Alert changes, you are responsible for updating the information for the Alert.

Stockman Bank will attempt to provide Alerts in a timely manner with accurate information; however, Alerts may be delayed or prevented by a variety of factors. Stockman Bank neither guarantees the delivery nor the accuracy of the contents of any Alert. You agree that Stockman Bank shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance on an Alert. Because Alerts are not encrypted, Stockman Bank does not include your Login Codes or full account number(s). However, Alerts may include your name and some information about your accounts. Depending upon which Alerts you select, information such as your account balance or the due date for a payment may be included. You acknowledge that anyone with access to your email will be able to view the contents of an Alert, and you accept the consequences of the same. Alerts are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).

Stockman Bank Bill Pay

Stockman Bank Bill Pay service is an Online and Mobile Banking service that allows you to schedule your bill payments through Stockman Online or Mobile. You can schedule the payment of current, future and recurring bills from any of your checking accounts at Stockman Bank. The Bank will debit your account ON THE DATE YOUR PAYMENT IS INDICATED AS DUE TO YOUR PAYEE and send payments to your payees by check or Automated Clearing House (ACH). Unless payments are made by draft check, funds will be withdrawn when that check is presented for payment on your account. The details of service restrictions, your responsibilities, Stockman Bank’s and our Third Party Processor’s responsibilities are noted below and within the “Terms and Conditions of the Bill Payment Service” you agree to at time of first access.

Who Can Use Bill Pay

You must have a checking account or money market account with Stokman Bank to use the Bill Pay service.   If you have more than one signer on the particular account, all signers must have "joint custody" of the account. Please refer to the Joint Ownership section below for applicable terms. You must be 18 or more years of age, have a valid US Social Security Number and a US address to use this service. A Business must have a valid TIN and US address.

Joint Ownership

The terms of the Agreement extend to all signers on the account(s) you are accessing on Online or Mobile Banking. The same applies to Bill Pay responsibilities. If you have multiple signers on an account you must have joint ownership of the account in order to use the account for Bill Pay. Joint owners share the same payee list (when using Bill Pay), and are subject to the joint tenancy rules contained in the "Terms and Conditions of Your Account" disclosure agreement for that checking account. Any account owner may cancel the Stockman Bank Bill Pay service and any owner may authorize transfers to or from the joint account. Each signer on an account is assigned a unique Stockman Online or Mobile Banking password. Since joint signers on an account share the responsibilities with all signers on the account, the terms and conditions of this Agreement apply to all signers.

Using Bill Pay

You authorize Stockman Bank and its third party processors to follow the payment instructions to payees/merchants that you provide us through Stockman Bank Bill Pay. When we receive a payment instruction for a current or future date, we will remit the funds to the payee on your behalf from the funds in your selected checking account on the day you have instructed your payment is due. The amount you indicate for payment is charged against your account’s "Available Balance". If your account does not have "Sufficient Funds" in the available balance, we may at our discretion, process or not process the payment. Our decision to process a payment drawn on insufficient funds does not obligate us to continue to do so in the future. You will be liable for any applicable fees or charges for any payment processed through Bill Pay drawn on insufficient funds. Should we decide not to process the payment and you still wish the payment to be made, you will need to initiate a new bill payment or use other payment options (check, Visa Check card, etc.). In this event that your Bill Pay payment is not processed due to insufficient funds, system failures or temporary service disruptions, we will also not be liable for fees or charges incurred by you. There is no limit to the number of bill payments that you may authorize. However, the following payment types are prohibited, and Stockman Bank will not be liable for any fees or charges incurred by you as a result of a prohibited payment.

PROHIBITED PAYMENTS:

Tax payments to federal, state or local government agencies;

Payments directed by court, local or state government;

Payments to persons or entities outside of the United States.

For purposes of this Agreement, the following definitions apply:

"Payment Date" Funds for bill payments (when these payments are made by us electronically (ACH)) will be withdrawn from your account’s "Available Balance" ON THE DAY that the payment is due to your vendor. Unless payments are made by draft check, funds will be withdrawn when that check is presented for payment on your account.

"Available Balance" Your Available Balance is the balance according to our funds availability schedule of processing your deposits. You must be certain that there are adequate available funds in your account on the date your bill payment is due. See our Funds Availability Policy.

"Sufficient Funds" The account to be charged against a bill payment must have enough money (sufficient funds) to cover the charge on the day the payment is due.

Scheduling Bill Payments

Any payments made with Stockman Bank Bill Pay service require sufficient time for your payee to receive the payment and credit your account properly. To avoid incurring a finance charge with your payee, schedule payments in advance of the due date of your payment.

Stopping or Changing Bill Payments

You have the right to stop or change any scheduled payment. You must delete or change a scheduled payment at least seven (7) calendar days in advance of the day the applicable payment is scheduled. The Bank is not liable for any scheduled payment made that was not timely stopped or changed.

Stockman Bank and Your Responsibilities

It is the policy of Stockman Bank to put forth our best efforts to make sure all your payments are processed accurately and timely. However, Stockman Bank shall incur no liability and you agree to hold Stockman Bank, its subsidiaries and affiliates, and third party processors (if any) harmless from any and all actions and associated liabilities, costs or fees surrounding this or any related transaction(s) by any parties if it is unable to complete any payments initiated by you via Stockman Bank Bill Payment because of the existence of one or more of the following circumstances:

• Sufficient funds are not available in your checking account to complete the payment. Payments are charged against "Available Balance" per our funds availability schedule (See "Available Balance" above);
• You know or have been advised by Stockman Bank not to use Stockman Bank Bill Payment system due to a temporary malfunction;
• Your payee mishandles or delays a payment sent by Stockman Bank;
• You have not provided Stockman Bank with the correct names or account information, including but not limited to address and account number, for those persons or entities (payees) to which you wish to direct payment;
• You have multiple signers (2 or more) on an account and do not have "joint ownership" established and conduct an unauthorized payment of bills from the checking account;
• Circumstances beyond Stockman Bank’s control such as, but not limited to, fire, flood, or interference from an outside force prevent the proper execution of the transaction and Stockman Bank has taken reasonable precautions to avoid those circumstances;
• You instruct Stockman Bank to make a payment that is one of the prohibited payees (federal, state and local taxes, court or state directed payments, and individuals or companies outside of United States);
• You schedule your payment due date to be during the grace period for that merchant/payee.
  

Stockman Bank will not be responsible for any late fees associated with payments scheduled after the due date on the bill. This is the case even if the payee allows a "grace period". You may schedule payments during the "grace period", but any late charges associated with payments scheduled as such will be your responsibility regardless of the cause of the late payment.

Bill Pay Fees

Bill Pay Services are furnished at no charge for Stockman Bank's consumer checking product offerings. Business customers are charged $10.00 per statement cycle directly through their business checking, business premier money market or other accounts for average Bill Pay activity (activity of 50 items or less per statement cycle). After the first 50 items each statement cycle a $10 fee will be charged for each increment of 50 items processed. Please see a local branch for additional information.

For Business customer the checking account designated to pay the Bill Pay "bill payments" will be charged the above‐described Bill Pay service charge "fee." This service charge‐fee will be charged each statement cycle regardless of your bill payment activity. The Bill Pay service charge‐fee will continue even if you do not use Bill Payment. Once you decide to stop using the Bill Pay Service, you must notify us to cancel your Bill Pay service and related Bill Pay service charge‐fee. Please see the Communicating With Us and Electronic Mail (email) section.

Card Protect – Card Management

The card management feature is offered by Stockman Bank (referred to herein as “us”, “we” or “our”) for use by Stockman Bank cardholders. Stockman Bank’s card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled Stockman Bank card(s) via the card management feature. Those activities may include the ability to but not limited to: