| I agree that I (1) have read the online banking agreement and disclosure, (2) agree to the terms and (3) conditions and would like to proceed with online registration. PLEASE READ THIS ONLINE BANKING AGREEMENT & DISCLOSURE
CAREFULLY. BY ACCESSING THIS WEB SITE OR ANY OF THE PAGES OF
THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS ONLINE BANKING AGREEMENT & DISCLOSURE. Please read this Online Banking Agreement & Disclosure (this "Online Agreement") carefully and print a copy for your records. By following the link at the bottom of the page and/or by accessing, viewing or otherwise using any of the content or links of this Web Site, you signify your acceptance and agreement to the terms and conditions of the Agreement, as amended, and each amendment thereto issued from time to time by NVE Bank. If you do not agree or accept the terms and conditions of this Agreement, do not access or otherwise use this Web Site. This Online Agreement supplements and amends all other NVE agreements with you, including the Telephone Banking System agreement, and this Agreement and such other agreements as hereby supplemented and amended as collectively referred to in this Agreement, as the Agreement. Definitions "You" or "Your" - The person(s) subscribing to or using Online Banking. "We, Us, or Our" - Refers to NVE Bank and any agent, independent contractor, designee, or assignee NVE Bank may involve in the provision of Online Banking. "Business Day" - Any calendar day other than Saturday, Sunday, or any holidays recognized by NVE Bank. "Business Day Cut-Off" - NVE Bank’s main banking offices are located in Englewood, NJ and we base our business day on the Eastern Time zone. For posting purposes, the bank will process all transactions completed by 3:00 PM on that business date. Transactions completed after 3:00 PM, including transfers, will be processed on the following business day. "Privacy Statement" - NVE Bank understands how important privacy is to our customers. We have taken steps to insure your security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on the following link — Privacy Statement. "Telephone Banking System" — NVE Bank’s telephonic fund transfer and banking system. "Content"-all text, pictures, links, and other data contained on this website About Online Banking NVE Bank’s Online Banking system consists of an Internet based web site and other back-end systems that combine to provide an array of financial services to its customers. NVE Bank allows customers to access their data up to the last statement and transaction detail of the prior month. NVE’s Online Banking System that is accessible to NVE’s customers over Internet access, currently consists of: Account Inquiry Current account balances, including: (a) the amount of available funds; (b) information on tracking specific checks; and (c) the deposits, electronic transfers, ATM transactions and interest postings. For additional information, see Balance Inquiries and Transfer Limitations Section. Account Operations Fund transfers from one account to another account. Loan and mortgage payments. Change on-line accounts password. Add or drop an account from the list of available on-line accounts. Security Password Protection, Selection and Log-On Security Security is a very important element of the Online Banking system. At the time you request the service, you will enter your "Customer Number" and your unique "password" of Four to Eight characters that will be used to gain access to the system. Your password is used to access your accounts. You should think of it as the key to your accounts and you should treat it as you would any such key or any other sensitive personal data. You should carefully select a password that is hard to guess. (Click here for password security tips.) The first four digits of your online password will be used if you need to access the Telephone Banking systems. Never disclose your password to anyone, memorize it and keep it safe from disclosure. We highly recommend that you change your password no less than every 90 days. You can change your password at any time after you logged on from the "Account Operations" menu. As a security measure, your online session may end if the system does not detect any activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer, you will be prompted to re-enter your password and your session will continue where you left off. Internet Security Information NVE’s Online Banking system is part of the Digital Insight and utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In addition to our log-on security, we use the SSL (secure socket layer) encryption technology for everything you do in the Online Banking system. Your browser automatically activates this technology when it attempts to connect to our system and it will 128 bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from unlocked (open) to locked (closed). What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. In addition, our servers have been certified by a "Certificate Authority" that will assure you that you are actually talking to our servers instead of someone pretending to be us. (If you are using an older browser, such as anything prior to than versions 4.0 on Netscape or Internet Explorer, the "Certificate Authorities" key may be expired and you may need to update it on your browser.) When you log on to our Online Banking system, our service provider, will pass a cookie to your browser that identifies only your computer. This cookie allows our service provider to process multiple transactions during your session without requiring you to reenter your password for each individual transaction. In this way, another level of security is provided for our Online Banking system. You must accept this cookie to use our Internet Banking System. The cookies used are encrypted cookies that do not pass to your hard drive. Instead, the cookie is stored in the memory of your browser, identifying your computer while you are logged on. Only our service provider can read the information in these cookies. When you log off, close your browser, or turn off your machine, the cookie is destroyed. A new cookie is used for each session. That way, no one can use the prior cookie to access your account. For additional security, the cookie expires after 10 minutes of inactivity; it must then be renewed by reentering your password. Your Responsibilities Concerning Your Access Code, Password and Security In addition to the security measures described above, there may be other notices posted on the website from time to time regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of the Online Banking system is the unique combination of your Access Code and Password. It is important that you keep your Password secret as you are responsible for all use of the Online Banking System with your password. We will not be liable for any losses resulting from your failure to keep your password secret or from you allowing others to use your Access Code and Password to access the system. If you have more questions about our security systems for conducting transactions safely over the Internet, contact our Information Systems department. Registration Process To access Online Banking via the Internet a customer will select the "First Time User" option at our login screen. Users will then be directed to the initial sign-up screen and follow the instructions there. Accounts You may request to access any account for which you are an authorized signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the Online Banking service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Online Banking system. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access Code and Password are authorized unless we have been notified to cancel the service. Fees for the Online Banking Service At the present time, the Online Banking service is available to our existing account customers at no monthly charge for all the account information services and transfers. NVE reserves the right to institute fees and charges as NVE may deem appropriate in the future. Cancellation of Online Banking Service Your Online Banking privileges may be canceled at any time by NVE Bank in whole or in part without prior notice should you fail to maintain sufficient funds in one of your accounts, breach the terms of this Agreement or under other circumstances where we determine in our sole discretion that circumstances exist that may create an unanticipated liability or risk to us. You will remain responsible for all transactions approved in connection with the use of your Password, and for any fees or charges associated with the service. If cancellation is based on insufficient funds, service may be reinstated in our sole discretion once sufficient funds are available in your accounts to cover any fees, charges and other pending transfers or debits. In order to reinstate services, you must call Online Banking Service Support listed below in the Errors and Questions section. Balance Inquiries and Transfer Limitations You may use Online Banking to check the posting of recent transactions to, and the balance of, your NVE accounts and to transfer funds among your NVE accounts. Balances are updated periodically and the system will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances or approvals concerning release of funds and balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to transactions in progress and not yet posted to your account, such as outstanding checks, deposits in progress, ATM or debit card transactions or other withdrawals, payments or other charges not yet posted. In addition, transfer requests may not result in immediate availability of the deposited funds because of the time required to process the request. We will have no liability for any losses, costs or expenses to you or to any third party caused by or incurred as a result of such system delays. You should confirm that all transactions have been posted or accounted for before making any transfers, withdrawals or payments. Any online or offline transactions made in excess of your actual current balance shall be subject to reversal and any overdraft or other applicable fee. In the case of an overdraft on your account, priority will be given to transactions in the chronological order for which they actually occur. According to federal regulations, you may not make more than six (6) pre-authorized or automatic transfers or bill payments from your money market deposit account or savings account during a given monthly statement period. There are no limits to the number of transfers or bill payments from your checking accounts. If you have questions concerning your balances or the transfer limitations, contact your local branch manager. User’s Responsibilities You represent, warrant and covenant that: (A) You will not, upload, post or transmit any materials:
(B) You understand and agree that NVE Bank will, not disclose your nonpublic personal information to nonaffiliated third parties, except as permitted by law. Please see our privacy policy for more details. (C) You will not provide your password to persons without authority to access the Online Banking and/or Telephone Banking System. (D) You have acquired and will lawfully maintain appropriate hardware and software licenses for accessing the Online Banking System. NVE Bank supports only an Internet browser capable of 128 bit encryption. (E) You will maintain sufficient funds in your account to avoid shutdown and/or overdrafts. (F) You will abide by all NVE banking policies outlined in the Agreement, including, without limitation, those related to security and will take all action necessary to safeguard the Online Banking System and your Access Code, password and account information from unauthorized access. (G) You will indemnify and hold NVE Bank harmless from all liabilities, losses, costs and damages caused by or incurred in connection with unauthorized access to the Online Banking System through use of your password or ID, your violation of your responsibilities as described in the Agreement, or your violation of intellectual property laws or the rights of others as may be caused by, among other things, your unauthorized or unlawful use of hardware or software to access the Online Banking System. You will promptly report all stolen or loss passwords within two (2) Business Days of any loss or theft. Errors and Questions In cases of errors or questions concerning passwords and/or transactions completed with Online Banking, do one of the following, as soon as possible:
If you are experiencing technical issues with our web site, www.nvebank.com, or our Online Banking service, please do one of the following, as soon as possible:
Englewood, NJ 07631
Disclosure of Account Information to Third Parties (Please see our privacy policy for more information) Information about your account(s) or the transaction(s) you make will only be disclosed to third parties by NVE Bank if at least one of the following applies:
Virus Protection NVE Bank is not responsible and disclaims all liability for any electronic virus or viruses, spyware and/or malware that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable products designed to detect and remove any virus or viruses, spyware and/or malware that may be present on their systems. Undetected or unrepaired virus or viruses, spyware and/or malware may corrupt and destroy your programs, files and even your hardware as well as collect personal non-public information, passwords and other sensitive materials. Additionally, you may unintentionally transmit the virus to other computers. Printing Wide text statements and other special printing instructions for certain accounts, as well as our statement format may be wider than your browser’s default printer setting supports and may not automatically print correctly or may cut off the right-hand side of the page. Additionally, many of our pages actually may contain several areas of information. To print the section that you want, you may want to always click once in the area with the left mouse button to let the browser know which "frame" section you want to print. Termination Account Termination You may terminate the use of Online Banking by contacting NVE Bank in writing by mail, e-mail, or personal delivery to NVE Bank. Termination by you will occur upon our receipt of notice. NVE Bank may terminate your account if your account is closed or restricted for any reason, including the failure to maintain sufficient account balances. If this occurs, Online Banking accessibility will automatically terminate. NVE Bank may also terminate its Online Banking Services or any element of its services at any time and for any reason including when the services provided are no longer feasible or permitted under applicable law. Access to Web Site, Content and Services NVE Bank may change, suspend or discontinue any aspect of the Web Site at any time, including the availability or use of any feature, function, link, software, material, information, database, Content, Banking Services, Other Services, and Merchants (collectively "products and services"). NVE Bank may also impose limits on certain products and services or restrict your access to parts or all of the Web Site without notice (unless notice is otherwise required by law) and without liability. Not all products and services may be available in all geographic areas. Your eligibility for particular products and services is subject to final NVE Bank determination and acceptance. Assignment This Online Agreement may not be assigned to any other party by you. We may assign or delegate our obligations hereunder, in part or whole, to any third party and you acknowledge that we use certain independent service providers to provide the Online Banking Service. Ownership of Material The Web Site is protected by United States copyright law as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web Site are only for your personal, non-commercial use, unless otherwise noted. All materials contained on the Web Site ("Content") are protected by copyright, and are either owned or controlled by NVE Bank, FSIWebs or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Site. Unless otherwise stated on the Web Site or by the providing party, you may download or print any Content from the NVE web site only for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. In addition, unless otherwise stated on the Web Site, downloading, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from NVE Bank, FSIWebs, or the copyright holder identified in the individual Contents copyright notice. Governing Law By accessing this Web Site, User and NVE Bank agree that all matters relating to the Agreement, User’s access to, or use of, this Web Site shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of New Jersey, without regard to the conflicts of laws principles thereof. NVE Bank makes no representation that any of the products and services on this Web Site are lawful, appropriate or available for use in locations outside New Jersey, and accessing them from locations where the same or their content is illegal is prohibited. Any User who chooses to access this Web Site from other locations does so on his/her own initiative and is responsible for compliance with local laws. Any User who uses the Web Site or the products and services for any unlawful or illegal purpose, must promptly reimburse NVE Bank for all losses, costs, expenses and damages incurred by NVE Bank as a result of such use. Amendments The terms and conditions of this Agreement may be added to, deleted from, revised and/or amended in whole or in part at any time (collectively referred to as "Changes"). We will provide you with 30 days written notification prior to initiating Changes which result in increases in fees charged to you for Online Banking Services. If you do not agree with the Change(s), you must notify us in writing prior to the effective date to cancel your access. Changes to term(s) or condition(s) may be made without prior notice or permission if such changes do not result in higher fees, more restrictive service use, or increased liability to you. No Warranties YOU ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE AT YOUR OWN RISK AND THAT NVE DISCLAIMS ALL LIABILITY FOR LIABILITIES, LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND INCURRED BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE AND THE ONLINE BANKING SYSTEM. THIS WEB SITE, INCLUDING ALL PRODUCTS AND SERVICES AND CONTENT MADE AVAILABLE ON OR ANY MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NVE BANK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, PRODUCTS AND SERVICES ON OR ANY MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY OTHER PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION BY OR THROUGH THIS WEB SITE OR ANY LINKED SITE. NVE BANK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IS OPERATIONAL, AVAILABLE, ACCESSIBLE OR PERFORMS WITHOUT DELAY OR FAILURE. Limited Liability EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN NVE BANK AND USER, IN NO EVENT WILL NVE BANK HAVE ANY TORT, CONTRACTURAL AND/OR ANY OTHER LIABILITY TO ANY USER AND/OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITY) OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE, USE THEREOF OR DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS AND SERVICES, OR FOR ANY MATERIALS, INFORMATION, FUNCTIONS OR SOFTWARE OBTAINED THROUGH THIS WEB SITE, OR RELIANCE ON ANY PRODUCTS AND SERVICES CONTAINED HEREIN OR ANY OTHER WEB SITE LINKED TO THIS WEB SITE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND MALICIOUS CODE, LINE OR SYSTEM FAILURE, OR FOR THE DELAY OR FAILURE IN THE OPERATION, AVAILABILITY, ACCESS TO, OR PERFORMANCE OF THE SERVER THAT MAKES THE WEB SITE AVAILABLE EVEN IF NVE BANK IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.Any cause of action by EITHER PARTY with respect to this Web Site and/or any Products and Services related thereto must be instituted within one (1) year after the cause OF action FIRST arose. Indemnification You hereby agree to indemnify, defend and hold NVE Bank, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing User Responsibilities, representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NVE Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NVE Bank. Entire Agreement This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede. I agree that I (1) have read the above disclosure, (2) agree to the terms and (3) conditions and would like to proceed with online registration. |
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2008 NVE Bank |
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