Online Banking Disclaimer Notice

Please review our Online Banking Disclaimer notice before downloading and completing our online banking application. After reading, please click the “Accept” or “Decline” button at the bottom of the page.

Welcome to Foothills Bank Online Banking.

Our Online Banking provides you with the convenience of access to your accounts 24 hours a day, 7 days a week at your home or office.

Features of Online Banking

Disclaimer and Privacy Notice

Foothills Bank Security Statement


Agreement and Disclosure

Jump to end of Disclaimer and Accept or Decline

Features of Online Banking include:

  • Access account information at your convenience
  • Check your account balances and transactions
  • View checks cleared and deposits made
  • Check your loan balances
  • Transfer funds between accounts

Browser Notice. Foothills Bank uses the latest security for your protection. This site requires your browser to support 128-bit encryption. If you do not have the newest version of Internet Explorer or Netscape Navigator, please download the newest version at this time. They are free and you can access the software by choosing an icon.

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Disclaimer and Privacy Notice

First Time Users

1. Click on the “First Time Access” button. This will lead you to our Online Banking Agreement and Disclosure. Please read the agreement; you may also print a copy to retain for your reference. To proceed to the next step, click on the “I Agree” button or “Cancel” button at the end of the document.

2. Enter your account number in the Access ID field and the last four digits of your social security number or the last four digits of your employer identification number in the Password field. If you use telephone banking, use that password in place of your social security number or employer identification number. Click “Submit.”

3. The system automatically opens the Change Access ID and Password page. Enter a New Access ID that is significant to you, such as your name, a private word, or a number. In the New Password field, type a private word or a number not to be shared, written down, or given to anyone. Reenter the same new password in the “Confirm New Password” field. The Access ID is 8-12 digits, can be alpha and/or numeric, and is case sensitive. The Password is 8-12 digits, must contain a minimum of 4 alpha and 2 numeric, and is case sensitive. Click “Submit” to confirm your Access ID and password to enter the system.

Previous Users

1. Click on the “User Access” button.

2. At the Log In screen, enter your Access ID and your Password. Click “Submit”.

3. To change your password at any time, click the “Change Password” button at the top of each transaction page.

Accessing Each Account

To access each account, place the cursor over the Account Number, and click once. This will bring you to the Balance page.

Button Descriptions

  • Balance: Current available balance, interest information, if applicable, and last activity prior to today.
  • Transactions: Debits and credits that have posted to the account the previous business day.
  • At the bottom of this page is displayed:
  • Account to Date: Provides all activity from the time the account was opened. This option is only for loans and certificates of deposits.
  • Previous Month Statement: All transactions on the previous month’s statement.
  • Current Month Statement: All transactions starting with the date of your last statement, up to the previous day’s transactions.
  • Previous Day Transactions: All transactions posted on the previous business day.
  • Current Day Transactions: Transactions that have been presented throughout the current day and will post to the account that night.
  • Export Statement: Download your statement to a software program for account reconciliation.

Exporting Transactions

The description of the File Format is:

  • Comma Separated Value files (.CSV) – Exports to programs such as Excel®, Lotus 123®, Access® (ASCII format) Quicken® Interchange.
  • Format (.QIF) – Exports to Quicken® Open Financial Exchange
  • (.OFX) – Exports to Money®

Transfers

You may initiate a one-time Express Transfer or a recurring transfer. Transfers can only be accessed between your accounts within Foothills Bank.

  • Click Express Transfer.
  • Click on the account from which you would like to transfer money.
  • Transfer from - click the drop down arrow, which displays all your eligible accounts for transfers; select the account from which you would like the funds transferred.
  • Transfer to – fill in the transfer amount next to the account to which you want to transfer; click Next. A confirmation page will be displayed containing a confirmation number.

New Scheduled Transfer

Click on the account from which you want to transfer.
Place mouse over Funds Transfer.
Select New Schedule Transfer.
From the drop down arrow, which contains all your eligible accounts for transfer, select the account to which you would like the funds transferred.

Frequency – click the drop down arrow, which displays the frequency types. Choose how often you would like the transfer made. All options, except On Demand, allow subsequent transfers to be made automatically by the system.

Amount – enter a dollar amount

Date – enter the date you would like the transfer to take place (if recurring, this will be the first transfer)

Description – you may type a description that will appear on your statement

Click Submit

A page with the transfer(s) is displayed and will remain as a template for you to use again if on demand or recurring. (Note: if the frequency is On Demand, the transfer amount drops to $0.00 after the transfer takes place.)

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Foothills Bank Security Statement

At Foothills Bank, we take security very seriously. We have taken every precaution necessary to be sure your information is transmitted safely and securely. The latest methods in Internet system security are used to increase and monitor the integrity and security of our system.

To develop a sound architecture, Foothills Bank has incorporated the capabilities of firewalls, control capabilities of routers, operating system level controls, application level controls, report consolidation methods, and security monitoring devices such as Intrusion detection systems and scanners. In this architecture, every piece layers on the capabilities of the other to create overlapping controls and fail-over. If a single layer of security is broken, other layers of security are available. This is referred to as “security in-depth.”

Data security between the customer browser and our Web server is handled through a security protocol called Secure Sockets Layer (SSL). SSL provides data encryption, server authentication, and message integrity for an Internet connection. In addition, SSL provides a security “handshake” that is used to initiate the connection. This handshake results in the client and server agreeing on the level of security they will use and fulfills any authentication requirements for the connection. Currently, Foothills Bank’s online banking application supports data encryption at the highest level (128 bit). In order to get this level of encryption, you need a browser that supports it. Both versions 3 and 4 of the most popular browsers support 40-bit encryption as a default, although you can upgrade your security level very easily. For those clients using Internet Explorer, the upgrade process is fairly simple. By simply clicking on Help and About Internet Explorer after bringing up the browser, you will notice a Cipher Strength. This will tell you the security level, you can upgrade via the hyperlink to Upgrade Information.

The Netscape browser offers a similar process. By clicking on Help and Software Upgrades, you are taken to a SMART Upgrades page from which you can download the updated version of 128-bit encryption software.

All other browsers will probably need to go to their software company’s home page, where many times the upgrades are available for download.

When accessing our Internet Banking site, you are redirected to a Web page with a URL address that starts with https://. This causes your browser’s HTTPS layer to start an encrypted session using SSL. You then receive a login screen. Since the encrypted session has already been started, your user name and password are safe and secure. The data traveling between the user and the server is encrypted and can only be decrypted with the public and private key pair. These two keys are the only combination possible for that session. When the session is complete, the encryption keys expire and the whole process starts over when a new session is started.

Our network intrusion detection system runs 24 hours a day, 7 days a week. The network intrusion detection engine sits on the same network as the Internet Banking site and monitors all traffic on that segment. The engine is looking for attack signatures – watching for evidence that an attempted intrusion is taking place. When the engine detects unauthorized activity, it responds immediately by terminating the connection, sending an alert to specially trained staff and recording the session. This allows security architecture to automatically monitor network traffic, detect and respond to suspicious activity, and intercept and respond to network abuse before systems are compromised.

Internet security does not rely on technology alone. Without everyone’s participation, all the security systems and technology in the world are worthless. You must treat your Access ID and password with the same care as an ATM or credit card and PIN. In addition, you must make sure that no one is physically watching when you enter your password. If you are logged into the service, be sure to log off of the service and exit the browser when you leave the computer unattended. You should also take standard precautions to keep your system clean and free from viruses that could be used to capture password keystrokes and financial information.

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Foothills Bank’s Online Banking Agreement and Disclosure

[Note: this section currently has a bunch of sections at the beginning that link to sections below; for the sake of continuity I have left the section headings in; client comments have been incorporated]

Please read this Agreement and Disclosure; if desired, print a copy to retain for your reference. After reading, click the “I Accept” button or the “Cancel” button at the end of the document.

1. INTRODUCTION

2. HOW TO REACH US

3. KEEPING YOUR ACCOUNT CONFIDENTIAL

  • Password and Access ID Protection
  • Three Strikes and You’re Out
  • Lost or Stolen Password or Access ID
  • Personal Information Protection
  • Examine Your Statement

4. ELECTRONIC BANKING DISCLOSURE

  • Account Access
  • Limitations on funds Transfer from Money Market Checking and/or Savings Accounts
  • Disclosure of Information to Third Parties
  • Documentation
  • Preauthorized Payments
  • Account to Account Transfers
  • Our Liability for Failure to Make Transfer
  • Foothills Bank’s Responsibility
  • In Case of Errors or Questions about Your Electronic Transfers (Consumers/Personal Accounts Only)
  • Liability for Unauthorized Use (Consumer/Personal Accounts Only)

5. PROVISIONS APPLICABLE TO BUSINESSES

6. OFFICE OF FOREIGN ASSET CONTROL

7. FEES AND CHARGES

  • FB-Online Banking

8. OTHER GENERAL TERMS

  • Other Agreements

  • Severability
  • 
Modifications to This Agreement
  • 
Right to Terminate Agreement
  • 
Inactive Status

  • Governing Law

  • The Foothills Bank Liability

1. INTRODUCTION

This Agreement and Disclosure (Agreement) for accessing your personal accounts at Foothills Bank via Online Banking, is provided for your information. Please read it carefully as it pertains to your accounts and the electronic services we offer.

For purposes of this Agreement, the following definitions apply: the terms “We,” “Us,” “Our,” “FB,” and “Bank” refer to Foothills Bank; “You” and “Your” refers to both consumer and business account owners; Online Banking is the Internet-based service providing access to your account(s); Time of day references are to U.S. Pacific Standard Time; Business days are Monday through Friday, excluding holidays.

The first time you access your Foothills Bank account(s) through Online Banking confirms your agreement to abide by the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Online Banking can be used to access certain Foothills Bank accounts. Each of your accounts is governed by the applicable account disclosure statement in your Truth in Savings Disclosure, (prior receipt of which you acknowledge).

This Agreement will be governed by, and interpreted in accordance with federal law and regulation and to the extent that there is no applicable federal law or regulations, by the laws of the State of Arizona. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Bank is located.

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2. HOW TO REACH US

Business Days


Our normal business days and hours are Monday through Thursday, 9:00 AM to 4:00 PM, Fridays 9:00 AM to 5:00 PM, and Saturdays 9:00 AM to 1:00 PM, excluding holidays.

Contact Us


You may contact us at 800-288-8244 during normal business hours (after 5:00 PM call 800-288-8244 for a voice mail service). Coming into our branch or calling us is the best way to report any problems or to get questions answered. If you cannot call us or come in person, you can write to us at: Foothills Bank, 11689 S. Foothills Blvd., Yuma, AZ 85367.

E-Mail


Sending e-mail through our Home Page is one way to communicate with us. We provide e-mail links for you to ask questions or give comments regarding our Home Page or Online Banking.

If you send the Bank an electronic mail message, Foothills Bank will be deemed to have received it on the following business day. Foothills Bank will have a reasonable time to act on your e-mail. E-mail is not a secured environment. Do not send account information or transaction information via e-mail. Do not send an electronic mail message if you need to communicate with Foothills Bank immediately.

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3. KEEPING YOUR ACCOUNT CONFIDENTIAL

Password and Access ID Protection

The first account owner to log onto Online Banking will use any one of his/her account number(s) as the Access ID. That account number will then become the permanent Access ID for that account owner. Subsequent owners logging onto the Online Banking system will use the same account number as the Access ID, but will be prompted to change the Access ID. Note: subsequent account holders log on using a different account number, this number will then become the permanent Access ID for that joint owner (he/she will not be prompted to change the Access ID).

For your protection, we recommend that you frequently change your personal password used to access Online Banking. (You can change your password under the Change Password button.) You agree to hold your password and access ID in strict confidence and you will notify us immediately if your password and/or access ID is lost or stolen. As a precaution, it is recommended that you memorize your password and access ID and do not write either down. Passwords should not be easy to guess; for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identifications related to you. We also recommend you do not have your browser remember your password.

You further agree not to allow anyone to gain access to Online Banking or to let anyone know the password used with the service. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Foothills Bank will not be responsible for any loss due to breach in the above security procedures.

Three Strikes and You Are Out

To guard against unauthorized use of your Access ID and Password, Online Banking disables the password indefinitely on the third attempt until you call the Bank and request your password to be reset.

This will also occur if you accidentally activate this security feature by unintentionally miskeying a password three (3) times. You need to call the Bank to reestablish the password for your account(s). You can reach us by calling 800-288-8244.

Lost or Stolen Password or Access ID

Contact Foothills Bank AT ONCE if you believe your password, access ID, ATM/POS Card, VISA® Check Card, or Personal Identification Number (PIN) has been lost or stolen or you have identified any unauthorized Electronic Funds Transactions (EFT) on your current statement viewed on-line or your monthly printed statement. Phoning us immediately at 800-288-8244 is the best way to minimize your potential losses. You may write us at: Foothills Bank, 11689 S. Foothills Blvd., Yuma, AZ 85367 to report the problem.

Personal Information Protection
I

In addition to protecting your password, access ID, and account information, you should also protect your personal identification information, such as your Driver’s license, Social Security Number, etc. This information, alone or together with information on your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.

Examine Your Statement

Promptly review your statement upon receipt. See In Case of Errors or Questions About Your Electronic Transfers for further information.

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4. ELECTRONIC BANKING DISCLOSURE

Account Access

Online Banking is an Internet-enabled service provided to our customers. By using Online Banking with your personal password and access ID, you can:

  • Make account inquiries
  • Check account balances
  • Transfer funds between your savings, checking, and money market account
  • Access your current account statement(s)
  • Download account history into personal financial management software, such as Quicken® and Microsoft Money®

Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

You can use Online Banking seven days a week, 24 hours a day. However, from time to time, some or all of Online Banking services may not be available due to system maintenance. During such times, you may use 24-Hour telephone banking service (our automated 24-hour service) at (866) 452-2919.

Limitations on Funds Transfers From Money Market Checking and/or Savings Accounts

Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your Savings and/or Money Market Checking Accounts.

For Savings Accounts, you may make no more than six (6) transfers to another account or to a third party by pre-authorized transfers, online transfers, automatic transfers, telephone transfers, fax requests, voice response requests, and ACH (Automated Clearing House-electronic transactions) per month.

For Money Market Accounts, you may make no more than six (6) transfers to another account or to a third party by pre-authorized, online transfers, automatic transfers, point of sale (POS), telephone transfers, fax requests, voice response requests, and ACH (Automated Clearing House-electronic transactions), per statement cycle.
Online transfers are transactions between accounts initiated through Online Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call or by using our 24-Hour Telebanking. Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Money Market account.

Disclosure of Information to Third Parties

We will disclose information about your account to third parties only when one of the following conditions exist:

  • When necessary to complete a transaction requested by you.
  • In order to verify existence and status of your account(s), such as for a retail merchant or credit reporting agency.
  • In order to comply with government agencies or court orders.
  • When an inquiry is made regarding whether your account has sufficient funds to cover a check drawn on your account.
  • If you give us written permission.

We may disclose information about your account to account verification services, such as ChexSystems, Inc. ®. We may disclose information if we close your account because of your unsatisfactory handling, fraud or attempted fraud or criminal activity. Information we report usually includes your name, address, Taxpayer Identification Number (TIN), driver’s license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of our report.

Information concerning your account history with Foothills Bank will be shared within Foothills Bank organization. Other information, including information you have given us as part of an application for one of our products or services or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the organization, with bank regulators and agents.

Documentation

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If you currently receive a quarterly statement, when conducting on-line transactions you agree that we may change your statement to a monthly cycle to comply with Federal Regulations.

If you have arranged to have direct deposits made to your account, you can review your account history using Online Banking or call us at 800-288-8244 during regular business hours or (866) 452-2919 (telephone banking) to find out whether or not the deposit has been made.

Preauthorized Payments

If you have told us in advance to make regular payments (preauthorized payments) out of your account, you can stop any of these payments by:

Notifying us verbally during regular business hours at 800-288-8244, or writing us at Foothills Bank, 11689 S. Foothills Blvd., Yuma, AZ 85367, at least three (3) business days or more before the scheduled date of the transaction. If you make a verbal request, we may require that you notify us in writing within fourteen (14) days of the verbal notification. (See your Terms and Conditions for Electronic Funds Transfers and/or Schedule of Fees and Charges, prior receipt of which you acknowledge, for stop payment charge).

Account to Account Transfers

If you have established two or more deposit accounts with Foothills Bank and use the online transfer feature provided as a convenience to you, it is believed to be in good faith by an authorized person.

A transfer made in a session that ends before 5:00 PM from any eligible account shall be made from collected funds and shall be available for withdrawal from the account into which the transfer is made as of the next banking day.

Our Liability for Failure to Make Transfer

Foothills Bank agrees to make reasonable efforts to ensure full performance of Online Banking. Foothills Bank will be responsible for acting only on those instructions sent through Online Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. Foothills Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.

Any information you receive from Foothills Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Foothills Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither Foothills Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your internet access provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Foothills Bank is not responsible for any errors or failures from the malfunction or failure of your hardware or software.

Except as otherwise provided in Foothills Bank’s Responsibility section below, and in the absence of negligence on the part of Foothills Bank, neither Foothills Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking.

 Foothills Bank’s Responsibility

 Foothills Bank is responsible for your actual losses if they were directly caused by our failure to:

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested.

However, we are not responsible for your losses if:

  • Through no fault of Foothills Bank, you do not have enough money in your account to make the transfer.
  • Through no fault of Foothills Bank, the transaction would have caused you to exceed your available credit.
  • Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  • Your funds are subject to legal process or other encumbrance restricting the transfer.
  • Your transfer authorization terminates by operation of law.
  • You believe someone has accessed your accounts without your permission and you fail to notify us.
  • You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
  • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • We believe that unauthorized use of your password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event are we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we are not liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

In Case of Errors or Questions About Your Electronic Transfers (Consumer/Personal Accounts Only)

In case of errors or questions about your electronic funds transactions, or if you think your statement or receipt is wrong or if you need more information about an Electronic Funds Transfer (EFT) listed on your account statement or receipt, contact Foothills Bank at 800-288-8244, or write to us at Foothills Bank, 11689 S. Foothills Blvd., Yuma, AZ 85367. We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. Provide to Foothills Bank the following information.

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

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

We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the account is still in its new account period after we hear from you) and will correct any error promptly. If we need more time, we may take up to forty-five (45) days or ninety (90) days if the account is still within its new account period, POS or a foreign transaction to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the account is still within its new account period) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

Regardless of the outcome of our investigation, we will send you a written explanation of our findings within three (3) business days after we complete our investigation. That explanation will include a notice of the date and the amount of the item in question. If our investigation reveals that no error occurred and we debit the provisional credit, we will continue to honor any third party checks or pre-authorized transfers for a period of five (5) business days to the extent that they would have been paid if the provisional credit had not been debited.

We will send you a written explanation within three (3) business days following our decision based on our investigation. You may request copies of the documents that we used in our investigation.

If a notice of error involved unauthorized use of your point of sale debit card with the VISA® logo when it is used as a VISA® point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

Liability for Unauthorized Use (Consumers/Personal Accounts Only)


If you believe that your Password and/or Access ID (including ATM/POS card or PIN), has been lost, stolen or discovered by an unauthorized person and you notify us within two (2) business days of the loss or theft, you can lose no more than $50. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your password, access ID, ATM/POS Card or PIN, and we can prove that we could have prevented someone from accessing your accounts via one of the above without your permission, you could lose as much as $500.

Also, if your statement reflects any EFTs that you did not make or authorize, notify Foothills Bank AT ONCE. Failure to notify the Bank within sixty (60) days after the statement was mailed to you may result in zero compensation for any losses you may sustain if The Foothills Bank can prove that we could have prevented someone from accessing your account(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, we will extend the time periods.

If you authorize someone else to use your password, access ID, or PIN, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

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5. PROVISIONS APPLICABLE TO BUSINESSES

You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Foothills Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to:

  • Keep your password secure and strictly confidential, providing it only to authorized signers on your account(s).
  • Instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person.
  • Immediately notify us and select a new password if you believe your password may be known to an unauthorized person.

THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.

By using the Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you canceled the instructions.

If we make payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed sixty (60) days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 365-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

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6. OFFICE OF FOREIGN ASSET CONTROL

Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as “blocked” by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.

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7. FEES AND CHARGES

Online Banking 


There are no fees or charges for accessing your account through Online Banking. Other fees, as described in your Schedule of Fees and Charges (prior receipt of which you acknowledge), may apply to services you order online.

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8. OTHER GENERAL TERMS

Other Agreements


In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to each of your accounts with Foothills Bank, as described in your Truth in Savings Disclosure (prior receipt of which you acknowledge). Your use of the Online Banking is your acknowledgment that you have received these agreements and intend to be bound by them.

Severability


In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

Modifications to This Agreement


Foothills Bank may modify the terms and conditions applicable to Online Banking from time to time upon mailing or delivering a notice of the modifications to you at the address shown on your account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.

Right to Terminate Agreement


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

Inactivity Status


If you do not access Online Banking during any consecutive one hundred eighty (180) day period your password will convert to inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Online Banking or schedule any transaction.

This Agreement will remain in effect until it is terminated by you or Foothills Bank.

You understand that you may cancel this Agreement at any time by notifying Foothills Bank electronically or by mail at the address provided below. This will cancel Online Banking, but will not terminate your accounts with Foothills Bank.

You may notify Foothills Bank by one of the following methods:

  • By calling 800-288-8244 9:00 AM to 5:00 PM Monday through Friday, and 9:00 AM to 1:00 PM on Saturdays, excluding holidays.
  • By writing a letter and taking it to our office.
  • By writing a letter and sending it to the following address: Foothills Bank, 11689 S. Foothills Blvd., Yuma, AZ 85367.

Governing Law


This Agreement is governed by the laws of the State of Arizona, bank regulations, and applicable federal laws.

Foothills Bank Liability


Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Foothills Bank, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online Banking, or Internet browser or access software.

We invite you to print a copy of this Online Banking Disclosure and Agreement and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, email us at: info@foothillsbank.com or call us at 800-288-8244 during regular business hours.

If you should have additional questions regarding the security of our Internet site, please contact us at 800-288-8244.     

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