Important Message
Important Message

Online, Mobile and Electronic Banking Service Terms and Conditions


ELECTRONIC NOTICE DISCLOSURE AND AGREEMENT

By accepting this Online, Mobile and Electronic Banking Services Terms and Conditions (“Agreement”), which include the individual services that are part of our Electronic Banking Services (such as the Account to Account Transfer Service, Person to Person Transfer Service, and Bill Payment Service, which includes the Overnight Check Service and Same Day Bill Payment Service), you are consenting to the receipt of certain disclosures and agreements in electronic format. These disclosures and agreements contain the terms and conditions that apply to Online Banking, Mobile Banking and our Electronic Banking Service as well as to your deposit and loan accounts that you access through Online Banking, Mobile Banking and our Electronic Banking Services. Your consent will apply to electronic disclosures and agreements that you receive now as well as to electronic disclosures, agreements and other notices (generally “Electronic Notices”) that we may provide to you electronically in the future. Some examples of future Electronic Notices that you may receive include a notice of changes to the terms of your Deposit Account Agreement, including fees applicable to your account. We may also provide you with an electronic disclosure of your error resolution rights for your account. You may request paper copies of Electronic Notices by calling our Customer Care Center at 800-236-8866 and identifying the specific Electronic Notice for which you wish to receive a paper copy or by messaging our Customer Care Center using the Request Statement Copy link on your Account Detail page in Online Banking. A fee may be charged for sending you paper copies of statements and Electronic Notices as provided in the Consumer Deposit Accounts Fee Schedule or Loan Account Fee Schedule, which may be amended by us from time to time. We will tell you of the amount of any fee that may apply when you request a paper copy of a statement or notice.

We will notify you by email at the email address listed under your Profile in Online Banking or by a message within Online Banking or Mobile Banking when new Electronic Notices are available for viewing. It is important you keep your email address up to date in our records. If you change your email address you must update your Profile in the Setting section of Online Banking with your new email address, otherwise you will not receive the notification.

To access and view Electronic Notices online, you will need to access Online Banking via the Internet or Mobile Banking via the Mobile Banking application, a currently supported and updated Internet browser that supports Transport Layer Security (TLS) version 1.2 or higher, JavaScript and enabled security features. A list of the current supported browsers can be found at AssociatedBank.com/Browsers. Additionally, you will need a computing platform with hardware that supports these requirements, and software capable of rendering portable document format reader (.pdf) files. To view the disclosures, agreements and required notices on your Mobile Device, you will need a Mobile Device as defined below in this Agreement. You are responsible for selecting all systems, hardware, your Internet service, and your mobile data plan provider. You are also responsible for any defect, malfunction or interruption in service or security due to a failure of hardware you use to access Electronic Notices, or a failure of your systems and computer services, Internet service provider, wireless service, or mobile data service provider. You agree that you are solely responsible for fees and charges assessed, as applicable, by your Internet service provider, wireless service provider, mobile data service provider and telephone service provider.

To retain a copy of electronic statements disclosures, agreements and notices, you will need a media storage device (e.g., hard drive) or you may print copies of these documents using your printer. Although you have consented to receive Electronic Notices, we reserve the right to also send disclosures and agreements that would by regular mail.

You have the right to withdraw your consent to receive Electronic Notices by calling us at 800-236-8866, or writing to us at Associated Bank, Attn: MS 7722, 1305 Main Street, Stevens Point, Wisconsin 54481. Consent to receive Electronic Notices is required for access to Online Banking, Mobile Banking and Electronic Banking Services. If you withdraw your consent to receive Electronic Notices your access to Online Banking, Mobile Banking and Electronic Banking Services will be suspended. In order to reinstate your access to Online Banking, Mobile Banking or Electronic Banking Services you will be required to once again consent to receive Electronic Notices.

The following documents and disclosures referenced in this Agreement are available at the following links:

Deposit Account Agreement: https://www.associatedbank.com/forms-and-disclosures/deposit-account-agreement

Consumer Deposit Account Fee Schedule: https://www.associatedbank.com/pdf/ConsumerDepositAccountFeeSchedule.pdf

Privacy Policy: https://www.associatedbank.com/privacy

Associated Website Terms of Use: https://www.associatedbank.com/terms-of-use

Table of Contents

Section I. GENERAL TERMS AND CONDITIONS
Section II. MOBILE BANKING ADDITIONAL TERMS AND CONDITIONS
Section III. BILL PAYMENT SERVICE ADDITIONAL TERMS AND CONDITIONS
Section IV. ACCOUNT TO ACCOUNT TRANSFER SERVICE ADDITIONAL TERMS AND CONDITIONS
Section V. PERSON TO PERSON PAYMENT TRANSFER SERVICE ADDITIONAL TERMS AND CONDITIONS
Section VI. ALLDATA ADDITIONAL TERMS AND CONDITIONS

SECTION I. GENERAL TERMS AND CONDITIONS

1. Agreement, Related Agreements, and Governing Law.

1.1. This Agreement is a contract between Associated Bank, National Association (hereinafter "Associated", "We," "we," "Us," us," "Our" or "our,") and you (hereinafter "Customer," "You," "you," "Your" or "your") in connection with your use of Online Banking, Mobile Banking, and Electronic Banking Services, as applicable (collectively “Services”). Please see the definitions section below for a full list of services that are part of Electronic Banking Services. As indicated within this Agreement, certain sections apply only to the specific Electronic Banking Service referenced in that section. Electronic Banking Services are optional and the provisions in this Agreement pertaining to the Electronic Banking Services will only apply to those Electronic Banking Services you access. By accessing Online Banking, Mobile Banking or any Electronic Banking Service you acknowledge that you have read and agree to this Agreement, including without limitation, the provisions of this Agreement that apply to the Electronic Banking Service you accessed. You also acknowledge that this Agreement has been accepted by one or more of the persons who established the Account(s) with us that are accessed by Online Banking, Mobile Banking or any Electronic Banking Service. This Agreement applies to all persons that are parties to the Accounts. Please read this Agreement carefully and keep a copy for your records.

1.2. This Agreement amends, the Deposit Account Agreement governing your deposit accounts with respect to the Services provided herein, which terms and conditions are restated and incorporated herein by reference. The Services are subject to the Deposit Account Agreement , including without limitation, the arbitration provisions provided within the Deposit Account Agreement, any loan agreement and related documentation and disclosures, and other applicable documentation governing any matter related to your use of the Services, applicable clearinghouse rules, federal laws and regulations, state laws and regulations to the extent that such state laws and regulations are not preempted by federal law and only to the extent that any such rule, law, or regulation has not been varied by this Agreement where variation by agreement is permitted. "State laws" refers to the laws of the state where you reside if in Wisconsin, Illinois or Minnesota. If you reside outside one of these three states or opened an Account online, "state law" refers to Wisconsin law (in each case, without regard to state conflicts of law principles). In the case of a discrepancy between this Agreement and the Deposit Account Agreement relating to your use of the Services, this Agreement will control except with respect to, otherwise the Deposit Account Agreement controls.

1.3. The Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service 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 the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

2. General Definitions
Capitalized terms used generally throughout this Agreement shall have the meanings as defined below or, in the case of terms that are specific to certain Electronic Banking Services as defined within the section applicable to that Electronic Banking Service.

2.1. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.

2.2. "Account" means an account that is eligible to access the Services and from which payments will be debited, service fees, if any, will be automatically debited or to which payments and credits to your will be credited. It may include a checking, savings, money market savings, certificate of deposit or any other deposit account you have opened with us or about which you have inquired. “Account” also may include any deposit Account that is opened in conjunction with a Coverdell Education Savings Account (CESA) or Individual Retirement Account (IRA) plan. CESAs and IRAs are also governed by applicable plan agreements and other plan documents, which you should refer to for program details and requirements. “Account” also may include your loan accounts with us, including but not limited to a home equity line of credit, premier line of credit and certain other loan products. These loan accounts are also governed by separate agreements, disclosures and other documents which you should refer to for details and requirements. Account does not include credit cards if the creditor, issuer, and service provider of the credit card is Elan Financial Services.

2.3. "Affiliates" mean companies related by common ownership or control.

2.4. "Account Balance" means any and all funds in the Account without regard to any pending activity. Please refer to the Deposit Account Agreement for more information.

2.5. “Available Balance” means the account balance minus any pending holds on recently deposited checks or funds held to offset the amount of a check recently cashed against your account, memo posts (e.g., debit card authorization for a purchase), and /or any holds for legal process or other freezes on your Account authorized by the Deposit Account Agreement. Please refer to the Deposit Account Agreement for more information.

2.6. “Biller” means, as applicable, the person or entity to which you wish a bill payment to be directed or the person or entity from which you receive electronic bills.

2.7. "Business Day" means Monday through Friday, during business hours (Central Time) and excluding federal holidays that fall on a Monday through Friday, with the exception of Washington’s Birthday (commonly referred to as Presidents Day) or Columbus Day.

2.8. “Daily Balance” or “Daily Ending Balance” means the loan Account balance as of the previous end of day, excluding Pending Transactions.

2.9. “Electronic Banking Services” or “Electronic Banking Service” means, separately or collectively, as applicable, Bill Payment Service, which includes, Overnight Check Service; and Same Day Bill Payment Service; External Account to Account Transfer ("A2A Transfer Service"); Person to Person Transfer Service ("P2P Transfer Service"); and the ALLDATA Service.

2.10. “Funds Transfer” means a transfer of funds between your Accounts, within Associated Bank, through Online Banking or Mobile Banking and not through any Electronic Banking Service.

2.11. “Online Banking” and “Online Banking Service” means collectively the service accessed via the Internet that permits electronic access to Accounts and use of Electronic Banking Services.

2.12. “Mobile Banking” and “Mobile Banking Services” means collectively both Text Banking and the Mobile Banking App functions.

2.13. “Mobile Banking App” means the service that permits electronic access to Accounts and use of certain Electronic Banking Services that can be accessed via software downloaded to supported handheld devices via the handheld device’s applicable app store.

2.14. "Mobile Device" means a mobile device which is capable of accessing the Services that are accessible by a Mobile Device. View the mobile device list at www.associatedbank.com/pdf/MobilePhoneList.

2.15. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.

2.16. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

2.17. “Pending Transactions” means the electronic transactions which have not been posted but which have been transmitted to Associated Bank.

2.18. "Processing Date" means the Business Day your Account is debited or credited.

2.19. “Receiver” means the person or entity that is sent a Payment Instruction through the Service.

2.20. “Service” or “Services” means, individually one of the following, as applicable based on the context and circumstances, and collectively all of the following services: Online Banking, Mobile Banking, and Electronic Banking Services.

2.21. "Service Provider" means companies that we have engaged to render some or all of the Services to you on our behalf, including the Electronic Banking Service provider.

2.22. "Site" means the Online Banking website through which the Services are offered.

2.23. “Text Banking” means SMS functions that give you access to your Account(s) through on mobile devices with access to supported wireless service.

2.24. "We," "our," and "us" mean Associated Bank.

2.25. "You" and "your" mean each account holder, depositor or party authorized to access a deposit Account or borrower on a loan Account accessible through the Services.

3. Online Banking and Mobile Banking Functions

3.1. Both the Online Banking and Mobile Banking App Services give you access to the following features and functions:

  • Access Electronic Banking Services
  • View Account and Transaction information
  • Transfer funds between eligible deposit Accounts and your home equity line of credit, premier line of credit and certain other loan Accounts
  • Transfer funds from your line of credit to your checking Account
  • Transfer funds into your add-on certificate of deposit Account
  • Make payments out of your deposit Accounts to your loan Accounts
  • View check, debit and credit items, and deposit ticket transactions online
  • View statements online
  • If you elect to enroll in optional Bill Payment Service, the Person to Person Service and Account to Account Service, and depending on the type of Mobile Device carrier you have, you may have the ability to use your username and password to (i) pay bills from your checking or money market savings account to parties set up within your Online Bill Pay Service; (ii) initiate or receive “person to person” transfers to and from a personal checking account through the Person to Person Transfer Service; (iii) initiate or receive a transfer between your Associated Bank Accounts and accounts at other financial institutions.

3.2. The following features and functions are accessible only by the Online Banking Service

  • Manage your profile information including, your user ID, password, mailing address, email address and phone number;
  • Elect to stop receiving hard copies of deposit Account statements and specified loan accounts
  • Manage security questions and alerts
  • Assign nicknames to your Accounts
  • Receive Cash Back Perks offers for debit card purchases from merchants (will soon be available in Mobile Banking too)
  • AllData Personal Financial Management tool
  • Manage your email and text alerts

The following features and functions are accessible only by the Mobile Banking Service

  • Set up Billers in the Bill Payment Service using billing statement photo capture functionality.
  • Deposit checks remotely using Associated SnapDeposit.
  • Use Text Banking features.
  • Receive Push notice alerts
  • Receive Instant Balance information

4. Password and Security

4.1. Password and Fingerprint Identification.

  1. You are required to establish a username and password to sign in to and access the Services. For Mobile Banking you may also enable the use of a fingerprint stored on a handheld mobile device to access the Services. Using your password or a fingerprint you have registered in a mobile device to access the Services has the same effect as your signature authorizing transactions.
  2. For security purposes do not allow someone else to register their fingerprint on a handheld mobile device that you use to access the Services. Do not enable fingerprint verification on the handheld mobile device you use to access the Services if you are not able to prevent another user of that device from registering their fingerprint on the device. Associated Bank does not control fingerprint verification functionality nor do we have access to your fingerprint information. There may be circumstances where the fingerprint functionality is not available or does not function as expected and we will ask you to sign in using your password.
  3. You agree not to give or make available your password to anyone you have not authorized to access your Accounts, or allow someone else to register their fingerprint in a mobile device used to access the Services, or allow other means of access to your Accounts by any unauthorized individuals. Anyone to whom you disclose your password, anyone who has access to your password and anyone who has registered their fingerprint in a mobile device used to access the Services will have full access to the Services, including full access to your Accounts. You are responsible for all payments you authorize using the Services. If you permit other persons to use your password, or a fingerprint registered in a mobile device, or other means to access the Services, you are responsible for any transactions they authorize. If you believe that your password has been lost or stolen or that someone may attempt to use your password or fingerprint to access the Services without your consent, you must inform us at once at the telephone number provided in Paragraph 14 of the General Terms and Conditions.

Security Questions and Phone Numbers. When you enroll in Online Banking or Mobile Banking you are required to establish security questions that we may use from time to time to authenticate your identity when you access the Services. Also, when you enroll in Online Banking you will be required to provide a telephone number that we may use to contact you to authenticate your identity instead of a security question. You have the option of electing to be contacted either by automated phone message or text message at the number you provide. Messaging and data charges from your wireless telephone carrier may apply. If you elect to be contacted by text message your wireless carrier must have the ability to deliver short code SMS messages to your mobile phone, otherwise you must elect to be contacted by automated phone message. When you receive an automated phone message or text message, you must follow the prompts provided in the message to complete the authentication process and access the Services.

5. Service Cancellation, Termination or Suspension by Us, and Other Remedies for Breach.

5.1. You agree not to use your Account or the Service in any illegal activity. If we have reason to believe that you have engaged in any of the prohibited 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 Services; 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. We may modify, suspend or terminate your privilege of using all or any part of the Services and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate your access to any of the Services we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. For security purposes, if you do not use Online Banking or Mobile Banking for an extended period of time, we may terminate your access to Online Banking or Mobile Banking, which result in terminating your access to the other Electronic Banking Services described in this Agreement.

5.2. The remedies contained in this Paragraph 5 of the General Terms and Conditions are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

5.3. If you wish to terminate this Agreement and your access to the Services please notify us by phone or in writing using the contact information listed under Paragraph 14 of the General Terms and Conditions. We will process your request with reasonable promptness, but your termination request will not become effective until we have had a reasonable opportunity to act on it. Payments processed after we received your termination request but before we have had the opportunity to act on it will be completed. Payments scheduled to occur after we have completed your termination request, including recurring payments, will not be processed.

5.4. Any person who can use an Account that can be accessed by Online Banking or Mobile Banking may terminate your ability to access Online Banking or Mobile Banking.

5.5. Neither the termination of this Agreement, nor the suspension of your access shall affect your liability or obligations under this Agreement.

6. Providing a Phone Number and/or Email Address.

By providing a phone number, mobile phone number and/or an email address, you are expressly consenting to receive communications at that phone number or email address from us, our agents and Service Providers. Such communications may include, but are not limited to, emails, text messages, prerecorded or artificial voice message calls, including calls made by an automatic telephone dialing system for both marketing and non-marketing purposes, and text messages. The reason for contacting you for non-marketing purposes may include validating or processing a transaction that you have requested through the Services or to obtain reimbursement for amounts owed to us or a Service Provider. Further, by accessing the P2P Transfer Service described in more detail below, you consent to receive text messages from us at the phone number you use for accessing the P2P Transfer Service. To withdraw your consent to be contacted at the phone number, cellular number or email address for marketing purposes you must contact our Customer Care Center at the phone number or mailing address listed in Paragraph 14 under the General Terms and Conditions and requesting that you be added to our internal do-not-call for marketing list. You cannot withdraw your consent to be contacted related to your use of the Services, including without limitation, the P2P Transfer Service.

7. Your Privacy.

Protecting your privacy is very important to us. Please review our Privacy Policy at the following link in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information: www.AssociatedBank.com/Privacy

8. Privacy of Others.

If you receive information about another person through the Services, you agree to keep the information confidential and only use it in connection with the Services.

9. Taxes.

It is your responsibility to determine what, if any, taxes apply to any transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction.

10. Credit Cards

Associated Bank has a contractual relationship with Elan Financial Services pertaining to credit cards. Credit card information provided by the link in Online Banking to Elan Financial Services is provided for your convenience. We make no representations or warranties as to the accuracy and information on or from other sites, including information obtain from the Elan Financial Services site. The privacy policy and security policy of linked websites is not that of Associated Bank. You authorize us to obtain information from Elan Financial Services pertaining to your credit cards.

11. Service Fees

You authorize us to charge you the service fees identified in Exhibit A of this Agreement and as set forth in any fee schedule that is disclosed with the Deposit Account Agreementor the loan Account agreement, or in the disclosure called Consumer Deposit Accounts Fee Schedule, any of which may be amended by us from time to time.

12. Address or Banking Changes.

It is your responsibility to ensure that the contact information under the Online Banking Profile section of the Settings link is current and accurate. This includes, but is not limited to your, name, address, phone numbers and email address. Changes can be made either within Online Banking or by contacting our Customer Care Center as set forth in Paragraph 14 under the General Terms and Conditions.

With respect to the Bill Delivery and Presentment Service, more fully explained below Any changes in your Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Account or contact information.

13. Your Liability for Unauthorized Transactions

Tell us AT ONCE if you believe that your password or other means to access your account has been lost or stolen or otherwise became available to an unauthorized person, or if someone may attempt to or has used the Services to make an electronic transfer without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit) if you do not notify us promptly. If you tell us within two (2) Business Days after you learn of the loss or theft of your password or device used to access the Services, you can lose no more than $50 if someone used your password or other access device without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password or other access device, and we can prove that we could have stopped someone from accessing your account without your permission, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

14. Notices; General Contact Information

If you need to contact us about your Account or this Agreement, especially if you believe an unauthorized transaction has occurred on your Account or your password has been lost or stolen or that someone may or has fraudulently accessed your Account without your permission, contact the Customer Care Center by using the secure messaging service available in the Online Banking Service, or by phone or regular mail at:

Phone:800-682-4989
Mail:Associated Bank
 Attn: Customer Care Center
 1305 Main Street
 Stevens Point, Wisconsin 54481

15. In Case of Errors or Questions About Your Electronic Transfers

15.1. Contact the Customer Care Center by using the secure messaging service available in the Online Banking Service, or by phone or regular mail at the phone number or address set forth under Paragraph 14 of the General Terms and Conditions, as soon as you can if you think your statement, receipt, or other confirmation information is wrong or if you need more information about a transfer listed on your statement, receipt or confirmation. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and Account number (if any).
  • Describe the error or the transfer 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.

15.2. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account. The ten (10) day period may be extended to twenty (20) Business Days, if the error involves a transfer to or from the Account within thirty (30) days after the first deposit to the Account was made.

15.3. For errors involving new accounts, point-of-sale, or foreign- initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.

15.4. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation and will reverse any credit we have made to your Account. You may ask for copies of the documents that we used in our investigation. If the error involves an electronic transfer from your Account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within thirty (30) days after the first deposit to the Account was made, the forty-five (45) day time period to investigate your complaint or question will be ninety (90) days in place of forty-five (45) days.

16. Disclosure of Account Information to Third Parties

We and our Service Providers will disclose information to third parties about your Account(s) or the transactions you make:

  • That we believe are necessary to complete or document transactions, to investigate possible unauthorized transactions, to resolve errors or claims or to combat fraud;
  • Where it is necessary for activating additional services;
  • To verify the existence and condition of your Account for a third party, such as a credit bureau, a Biller, another financial institution, or a merchant;
  • To a consumer reporting agency for research purposes or for other purposes otherwise specified herein;
  • In response to government agency inquiries, orders or subpoenas;
  • In response to court orders, subpoenas, garnishments, levies or other legal process;
  • To companies affiliated with us in accordance with our Privacy Policy;
  • To comply with laws, rules and regulations;
  • As described in this Agreement in regard to Cashback Perks;
  • If you give us your written permission.

The circumstances under which we may provide information about your Accounts to affiliates and/or third parties are as set forth in our current Privacy Policy, also referred to as the What Does Associated Banc-Corp Do With Your Personal Information? notice. You agree that we may deliver our privacy notices and opt-out notices to you by making them available on www.associatedbank.com. To access the privacy notice go to www.associatedbank.com/Privacy, or request a paper copy by writing to us at Associated Bank, Attn: CIF - Opt Out MS 7012, P.O. Box 19097, Green Bay, Wisconsin 54307-9097.

17. Additional Privacy Information and User Information for the Services.

You acknowledge that in connection with your use of the Services, we and our affiliates and Service Providers, and their affiliates, may receive and may share with one another 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 the Services or Software (collectively "User Information"). We and our 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 the Services 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.

We and our affiliates and service providers also reserve the right to monitor use of the Services and 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.

18. Funds Transfers

18.1. We can process a funds transfer on the same Business Day as your instructions except for deposits made using SnapDeposit. If a transfer is made on a day that is not a Business Day it will be processed on the next Business Day. The banking cutoff time for deposits made using Associated SnapDeposit is 6:00 p.m. Central Time. Please see the Associated SnapDeposit Terms and Conditions below for details.

18.2. Funds Transfer Limitations

For security reasons, there are limits on the number and dollar amount of transfers you can make. We reserve the right to prohibit and/or reject transactions involving internet gambling. You may transfer available funds through Online Banking or Mobile Banking, subject to funds availability. See the Deposit Account Agreement "Funds Availability Policy Disclosure" section for more information.

18.3. Canceling a Funds Transfer Request

You may cancel or change both one-time and recurring Funds Transfer instructions in Online Banking. We must receive your cancellation or change instruction no later than 11:59 Central Time on the Business Day prior to the Processing Date. If we do not receive timely notice of your complete and accurate instructions canceling or changing a Funds Transfer, we will process the Funds Transfer as reflected in Online Banking.

18.4. Overdrafts

When you schedule a Funds Transfer, you authorize us to withdraw the necessary funds from your Account with us. We debit the amount of your Funds Transfer on the Business Day you instruct us to process the Funds Transfer between your Accounts. Each instruction to us to withdraw or transfer from an Account is an order to us to pay from that Account on the specified Processing Date. We may, in our sole discretion, elect to charge Funds Transfers against the Account even though the charge creates an overdraft or constitutes a draw against unavailable funds. If a Funds Transfer overdraws your Account, you agree to immediately pay us the overdrawn amount together with any applicable fees. See the Deposit Account Agreement for details. If the Account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that Account and overdraft credit plan.

18.5. Our Liability for Failure to Process a Funds Transfer

We strive to make all your Funds Transfers according to your instructions. We will, however, incur no liability if we are unable to complete any transfer initiated by you because of the existence of any one or more of the following circumstances:

  1. If the funds transfer would exceed the maximum permitted funds transfer amount or your Available Balance, Daily Balance or Daily Ending Balance, or your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
  2. If the funds transfer processing center is not working properly, and you know or have been advised by us about the malfunction before you execute the transaction.
  3. If circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances.
  4. If you have not properly followed the instructions for using Online Banking or Mobile Banking.
  5. If your computer or hand held device is not functioning properly.
  6. For errors or failures from any malfunctions of your browser, Internet service provider, computer, computer virus or other problems relating to the computer equipment you use with Online Banking or Mobile Banking, including, without limitation, your inability to access Online Banking or Mobile Banking or any part of Online Banking or Mobile Banking.
  7. For a failure to provide access or for interruptions in access to Online Banking or Mobile Banking due to Online Banking or Mobile Banking system failure.
  8. There may be other exceptions stated in our Agreement with you.

Provided none of the foregoing exceptions are applicable, if Online Banking or Mobile Banking causes an incorrect amount of funds to be removed from your Account, we shall be responsible for returning the improperly transferred funds to your Account. If Online Banking or Mobile Banking causes funds from your Account to be directed to an incorrect Payee, you agree to help us recover funds directed to the incorrect payee.

19. Payment Methods and Amounts.

There are limits on the amount of money you can send or receive through the Services. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits for the P2P Transfer Service and the A2A Transfer Service. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Services, and in the event that your Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.

20. Transaction Limitations.

Federal Reserve Regulation D limits the total number transfers you may make by check, telephone, Online Banking, Mobile Banking, Electronic Banking Services, and overdraft protection, including preauthorized transfers (such as debit card purchases, automatic transfers and wire transfers) to six (6) per calendar month for savings and money market accounts not on a combined statement, or statement period for savings and money market accounts on a combined statement. We may impose an excess activity fee as provided by the Consumer Deposit Account Fee Schedule for each transaction exceeding these limitations.

21. Prohibited Payments.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services. You represent and warrant that any Biller, Receiver, or other person or account to whom or to which funds are transferred is located in the United States. Payments to Billers outside the United States and its territories are prohibited.

The following types of payments are prohibited, and we and/or our Service Providers have the right, but not the obligation to monitor for, block, cancel and/or reverse such payments.

  1. Payments to or from persons or entities in prohibited territories or subject to government sanctions;
  2. Payments that violate any law, statute, ordinance or regulation;
  3. Payments that violate the Acceptable Use terms of Paragraph 22 of the General Terms and Conditions;
  4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
  6. Payments relating to transactions that (1) support pyramid or "Ponzi" schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services;
  7. Tax payments or court ordered payments;

In addition to the above referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments or our failure to monitor for, block and/or reverse such payments. Unless required by applicable law, we have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to notify us by contacting our Customer Care Center at the phone number or mailing address listed under Paragraph 14 of the General Terms and Conditions for any violations of the General Terms and Conditions or the Agreement generally.

22. 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 the Services, regardless of the purpose of the use and for all communications you send through the Service. 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 the Services 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 the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; and/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. We encourage you to notify us by contacting our Customer Care Center Section at the phone number or mailing address listed under Paragraph 14 under the General Terms and Conditions, for any violations of this section or the Agreement generally.

23. Information Authorization.

Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of any Service, you agree that we reserve the right to request a review of your credit rating at our own expense. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Account. You also agree that financial information regarding your account from a Biller or your financial institution (for example to resolve payment posting problems or verification) may be obtained in connection with an Electronic Banking Service. 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 the Services, to authenticate you when you log in, to send you information about the Services, 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 Electronic Banking Services and the content and layout of Online Banking and Mobile Banking. 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, 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 Electronic Banking Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Electronic Banking Services.

24. Failed or Returned Payment Instructions.

In using an Electronic Banking Service, you are requesting that we or our Service Provider attempt to make payments for you from your designated payment Account. If the Payment Instruction cannot be completed for any reason associated with your designated payment Account (for example, there are insufficient funds in your designated payment Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the designated payment Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

  1. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your designated payment Account to allow the debit processing to be completed;
  2. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your designated payment Account, or the transaction would exceed the credit or overdraft protection limit of your designated payment Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated payment Account, including by ACH debit;
  3. You authorize us and our Service Providers to report the facts concerning the return to any credit reporting agency.

25. Payment Authorization and Payment Remittance.

25.1. By providing us with names, telephone numbers, email addresses and/or account information of Billers or Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that you provided through your use of the Electronic Banking Service. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller or Receiver directives.

25.2. When we receive a Payment Instruction or a Transfer Instruction, you authorize us to debit your Account and remit funds on your behalf to the Recipient Account or the Receiver designated by you so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to reverse a transfer from or make a credit to your Account for all returned payments, including but not limited to nonsufficient funds and payments remitted to you on behalf of another authorized user of the Service.

25.3. You acknowledge and agree that if your Payment Instructions or Transfer Instructions identify an account by name and account number, those Payment Instructions or Transfer Instructions may be executed by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.

25.4. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

25.5. We will use our best efforts to make all your payments properly. However, we shall incur no liability and any On Time Payment Guarantee as set forth in Paragraph 3 under Section III, Bill Payment Service Additional Terms, shall be void if the Electronic Banking Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of ours, your Account does not contain a sufficient Available Balance to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account or;
  2. The payment processing center or the Electronic Banking Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
  3. The payment is refused in accordance with the provisions of this Agreement;
  4. You have not provided us with the correct Payment instructions, Recipient Account, or Account information, or the correct name, address, phone number or account information for the Biller or Receiver; and/or
  5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed to a Biller or Receiver which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Account, for directing to the proper Biller or Receiver any previously misdirected transactions and, if applicable, for any late payment related charges.

25.6. You are responsible for ensuring the accuracy of any information entered into an Electronic Banking Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Biller or the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible when you become aware of inaccurate information. The Sender, and the Biller or the Receiver, may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction or transfer made to the wrong person or entity or the wrong Recipient Account once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you, the Biller or the Receiver.

26. Account Restrictions and Limitations.

26.1. There are restrictions on transfers using the Services from an Account that is a savings account, money market or certificate of deposit. No transfers of any type may be made using any of the Services from a certificate of deposit; a transfer to a certificate of deposit is only allowed for an “Add-On” certificate of deposit. None of the Electronic Banking Services can be used to make a payment or transfer from an Account that is savings account. You may make transfers between a savings account to other Accounts only with Online Banking or Mobile Banking, but transfers from a savings account are subject to Regulation D transfer limitations described in more detail in this section below. You may make payments or transfers between a money market account and other Accounts and to third parties through Online Banking, Mobile Banking or the Electronic Banking Services, but transfers from a money market account are subject to Regulation D transfer limitations described in more detail in this paragraph below.

26.2. Pursuant to Federal Reserve Regulation D, we limit the total number of transfers and withdrawals, or combination of such transfers and withdrawals, you may make from an Associated savings account or money market account, by means of check, telephone, Online Banking, Mobile Banking, overdraft protection, or preauthorized transfer (including debit/check card purchases, automatic transfers, wire transfers, and Electronic Banking Service transfers) to no more than six (6) transfers per statement cycle for each account. We may impose an excess activity fee as stated in the Consumer Deposit Account Fee Schedule for each transaction exceeding these limitations. Please see the Consumer Deposit Account Fee Schedule for details.

26.3. If you use the Overnight Check Service or the Same Day Bill Payment Service, the fees charged for your use of these services, disclosed on Exhibit A at the end of this Agreement, will be deducted from to your Account separately from the payment. Therefore, when you use the Overnight Check Service or the Same Day Bill Payment Service two withdrawals will occur from your Account for purposes of determining whether Regulation D transaction limits have been exceeded; one withdrawal for the amount of the payment you authorized and a separate withdrawal for the service fee.

27. Periodic Statements

Your Online Banking Account activity will appear on your periodic account statement.

28. Receipts and Transaction History.

You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

29. Imaging of Checks, Debit and Credit Items and Deposit Tickets

Images of account checks, debit and credit items and deposit tickets will be available the next Business Day after the item(s) have been posted to your account. Images will be available up to ninety (90) days after the checks, debit and credit items and deposit tickets have been posted to the account. Some items will produce poor quality images or may not produce an image. In those cases, it is not our responsibility to remedy the image quality. For better processing quality, we recommend use of the forms and check stock approved by us.

30. Service Availability.

30.1. We will attempt to make the Services available on a continuous basis. Maintenance requirements, however, whether scheduled or emergency, may result in system unavailability from time to time. We will try to conduct scheduled maintenance during non-peak hours. Services accessibility may also be interrupted due to conditions beyond our control, including outages in internet or Mobile Device carrier. If that occurs, we will attempt to re-establish the Services as quickly as possible.

30.2. Although we will attempt to provide accurate and current information about your Account, such information is not provided on a real-time basis and therefore there may be a delay between the time that a transaction occurs and when it appears on your Account, as viewed through the Services. Your Account records maintained by us provide the final and conclusive information about your Account and may include information in addition to that available to you as viewed through the Services. We are not responsible or liable for any problems you my experience as a result of any inconsistency or delays with respect to information about your Account.

31. Service Providers.

The Services offered to you under this Agreement are provided on our behalf through one or more Service Providers. By your use of these Services you agree that we have the right to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Providers are not responsible nor liable for any payments or transfers conducted using the Services

32. Alerts.

32.1. Your enrollment in Online Banking and/or Mobile Banking includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about address, email and password changes. You do not have the option to suppress these Mandatory Alerts.
  • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the “Settings” menu within Online Banking and the “More” menu within Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through Online Banking or Mobile Banking. You cannot maintain text message or email Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. We reserve the right to terminate the Alerts service at any time without prior notice to you.

32.2. Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the Service Providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint Service Provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

32.3. Alerts via Text Message. To stop Alerts via text message, text "STOP" to ABC2GO (222246) at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to ABC2GO (222246) In case of questions please contact our Customer Care Service as provided under Paragraph 14 of the General Terms and Conditions. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

32.4. Limitations. We provide Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside of our control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Associated Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

32.5. Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

33. “Cash Back Perks” Offers.

Your enrollment in Online Banking includes automatic enrollment in “Cash Back Perks”, a feature that makes special offers available to you when you use your debit card to make purchases from participating merchants. The terms and conditions of this Agreement, your Deposit Account Agreement, and your Debit Card/ATM cardholder agreement, including any limitation of liability provisions, will apply to Cash Back Perks. Cash Back Perks is provided through Cardlytics, Inc., a third party service provider, and will be available to you on Accounts we determine to be eligible for Cash Back Perks.

33.1. Terms of Cash Back Perks.

  1. Merchant offers (“Cash Back Perks Offers”) from participating merchants may appear from time to time in your Online Banking account activity. The types of Cash Back Perks Offers you may receive are based on your location and past history of debit card use. In order to earn a Cash Back Perks Offer, you must first activate the offer by selecting it on your computer or mobile device, if mobile device access is available.
  2. After you have activated a Cash Back Perks Offer you are eligible to earn the savings or rewards described in the offer (“Cash Back Perks”) by using the debit card associated with the Account which received the Cash Back Perks Offer you activated to make a qualifying purchase. You cannot earn or qualify for a Cash Back Perks Offer for any portion of a purchase paid for with a payment method other than the debit card associated with the Account bearing the activated Cash Back Perks Offer. Purchases are subject to the expiration dates, requirements and limitations of the applicable Cash Back Perks Offer.
  3. Cash Back Perks are credited to the account we designate in our records to receive Cash Back Perks.
  4. All Cash Back Perks are paid by the participating merchants and not Associated Bank. Therefore, credit for Cash Back Perks cannot be immediately given at the time of purchase. Cash Back Perks are earned on a calendar month basis and credited to your account on the statement following the statement cycle in which they are earned. For example, if the close of your statement cycle is the 15th day of each month and you earn Cash Back Perks on January 29, your Cash Back Perks are earned during your February 15th statement cycle and will generally be credited on the statement issued on or after March 15th. To receive credit for earned Cash Back Perks, the Account designated to receive Cash Back Perks must be open on the date Cash Back Perks are scheduled to be posted. If the Account designated to receive Cash Back Perks has been closed by you or us, we will use your Cash Back Perks to offset amounts you owe to us. For any remaining uncredited Cash Back Perks, we may in our sole discretion attempt to find another Account that is eligible to receive your Cash Back Perks. Any Cash Back Perks that cannot be credited to an open Account will be forfeited unless within 60 days of the date your account is closed you send a written request to our Customer Care Center using the contact information found under Paragraph 14 under the General Terms and Conditions. Associated Bank will retain any Cash Back Perks that are forfeited.
  5. If you receive a credit for a purchase for which you earned Cash Back Perks (e.g., for returned purchases of goods or services) that reduces the amount of Cash Back Perks you were eligible to receive we may debit the Account associated with the debit card used to earn the Cash Back Perks. You further agree that we may debit your Account or any other Account to adjust for any of the following:
    1. To correct errors in the calculation of your rewards;
    2. To resolve disputes regarding the determination of your Cash Back Perks;
    3. Due to adjustments arising from bankruptcy, insolvency, or other failures of merchants making Cash Back Perks Offers; and
    4. Adjustments consistent with equitable remedies.

33.2. Information Sharing.

We will not share any of your personally identifiable financial information with Cardlytics, Inc. or any other party, unless we are otherwise permitted to do so. However, you expressly agree that we may compile and share with Cardlytics, Inc. aggregate analytics regarding all depositors’activation and use of offers made through Cash Back Perks and that your activation and use of Cash Back Perks Offers will be included in the aggregate information that we share.

33.3. Third Party Services; Websites.

  1. Through your use of Cash Back Perks, you may be made aware of certain services, products, offers, and promotions provided by third parties (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
  2. The Cash Back Perks feature may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representation with respect to Third Party Websites, and the inclusion of any link in the Cash Back Perks feature is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

33.4. Limitation of Liability; No Warranty.

Not withstanding any other provision or agreement applicable to our liability, we shall not be liable for any losses resulting from your use of the Cash Back Perks Service or for any of Cardlytics, Inc.’s acts or omissions. For the avoidance of doubt, we will not be liable for any of the following, which is meant to be a non-exclusive list:

  1. Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Cash Back Perks Service;
  2. The functionality of the Cash Back Perks Service, including, for example, whether or not it is compatible with the hardware or software you use to access Online Banking;
  3. Any rewards information that we provide to you, which is provided “as is” and “as available”;
  4. Miscalculations or inaccuracies of any reward amounts or credits to your account;
  5. Delays or “downtime” of the Cash Back Perks Service, including, for example, downtime due to system maintenance or updates; and
  6. Violation of any intellectual property rights as a result of using the Cash Back Perks Service.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CASH BACK PERKS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DO NOT ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE OF THE CASH BACK PERKS SERVICE. IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY WAY OUT OF THE USE OF THE CASH BACK PERKS SERVICE.

33.5. Opt-Out and Termination.

When you enroll in Online Banking you are automatically enrolled in the Cash Back Perks Service. If you wish to opt out of this service, you must follow the opt-out instructions on your account overview or account activity page within Online Banking. If you opt out, you may re-enroll at any time. Your access to the Cash Back Perks Service will automatically terminate upon termination of Online Banking. We reserve the right to terminate the Cash Back Perks Service at any time with or without notice to you. Upon termination or opt-out, any offers you have activated through the Cash Back Perks Service will be honored through their expiration date.

34. Exclusion of Liability and Warranties

THE SITE AND SERVICES, 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 OUR SERVICE, 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.

35. Limitation of Liability.

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE, FOR THE SERVICES AND THE SITE. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES OR SITE 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 THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET OR WIRELESS DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH 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 THE SERVICES OR THE SITE, 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THE SITE THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICES, THE SITE AND 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.

36. Intellectual Property.

All marks and logos related to Online Banking, Mobile Banking or the Electronic Banking Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to Online Banking, Mobile Banking and the Electronic Banking Services, the technology related to Online Banking, Mobile Banking and the Electronic Banking Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding Online Banking, Mobile Banking or the Electronic Banking Services shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

37. Links and Frames.

Links to other sites may be provided on Online Banking or Mobile Banking 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 the Service 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 Online Banking or Mobile Banking. For example, if you "click" on a banner advertisement or a search result, your "click" may take you out of Online Banking or Mobile Banking. 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 Online Banking or Mobile Banking may send cookies to users that we do not control. You may link to the home page of Online Banking. However, you may not link to other pages of Online Banking without our express written permission. You also may not "frame" material on our Online Banking without our express written permission. We reserve the right to disable links from any third party sites to Online Banking.

38. No Waiver

We shall not be deemed to have waived any of our rights of remedies hereunder unless we provide a written waiver, signed by an authorized officer of Associated Bank. 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 wavier of any rights or remedies on future occasions.

39. Notices and Amendments.

Any part of this Agreement, including without limitation applicable fees and service charges, may be amended by us from time to time. We will notify of any changes to this Agreement as required by applicable law. We may provide notices to you regarding the Services and this Agreement and as well as any changes to the Services or amendments to this Agreement by posting the notice on Online Banking or Mobile Banking, sending you an in-product message with the Service, emailing the notice to an email address that you have provided to us, mailing the notice to any postal address that you have provided to us, or by sending the notice as a text message to any mobile phone number that you have listed in your Service setup or under the Online Banking “My Profile” tab. Any use of any of the Services after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services and/or related 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 the applications, services and/or related material and limit access to only the Services' more recent revisions and updates. In addition, you agree to receive all legally required notifications via electronic means if we choose to provide notice electronically. Unless otherwise indicated, Amendments posted in Online Banking and Mobile Banking will be effective on the date posted.

40. 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, including without limitation a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with your use of the Services or your violation of any law or rights of a third party.

41. 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. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

42. Miscellaneous.

All trademarks, service marks and trade names referenced in this material are the property of their respective owners. Associated Bank, N.A. is a Member FDIC and an Equal Housing Lender. You agree that you will use the Services for personal use only. You agree that you will not use any of the Services use outside the United States.

43. Assignment.

You may not transfer or assign any rights or obligations you have under this Agreement to any other party. We may assign this Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

44. Entire Agreement, Severability, Captions and Survival.

This Agreement sets forth the entire understanding between us and you with respect to the Services 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 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 agent of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

SECTION II. MOBILE BANKING ADDITIONAL TERMS AND CONDITIONS

The terms and conditions in this Section II apply only to the Associated Mobile Banking Additional Terms and Conditions described in more detail in this section. Capitalized terms that are not otherwise defined in this Section II, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section II and the terms and conditions found elsewhere in this Agreement or the Deposit Account Agreement, the terms and conditions in this Section II shall govern.

1. Mobile Banking Services.

Mobile Banking Services include both Text Banking over Short Message Service on hand held devices and supported wireless service and through our downloadable software for supported Mobile Devices (“Mobile Banking App”).

1.1. Text Banking allows you access to your Account information (e.g., for checking balances and last transactions), the option to receive alerts for your Account (e.g., low Available Balance alerts), the ability to locate Associated ATMs and bank branches, and the ability to make transfers between certain accounts. To access Text Banking you must enroll your Mobile Device by entering your Mobile Device phone number under the Mobile Banking tab of our Online Banking service or under the Text Banking registration screen on our Mobile Banking App. Before receiving Text Banking access you will need to verify your Mobile Device by entering the verification code sent to your Mobile Device under the Mobile Banking tab of our Online Banking service or under the Text Banking registration screen on our Mobile Banking App. Once you have enrolled and verified your Mobile Device, your access to Text Banking will continue until you cancel Text Banking or your Account is closed or in certain circumstances your Account is subject to a freeze as provided by our Deposit Account Agreement. Standard messaging charges of your Mobile Device Carrier apply.

1.2. The Mobile Banking App allows you access to your Account information, to make transfers between certain accounts, to set up and pay Billers under our Bill Pay Service, the ability to locate Associated ATMs and bank branches, the ability to deposit checks using Associated SnapDeposit, and the ability to use the Person to Person Transfer Service. To access the Mobile Banking App, you must enroll in Online Banking and download the Mobile Banking App to a supported Mobile Device. After you have downloaded the Mobile Banking App to a supported Mobile Device, you may access your device using your Online Banking username and password or a fingerprint. Please see Paragraph 4 of the General Terms and Conditions regarding usernames, passwords and fingerprint security.

1.3. Questions: Please contact our Customer Care Service as provided under Paragraph 14 of the General Terms and Conditions.

1.4. To obtain a list of Text Banking commands, send a text message with the word "HELP" to ABC2GO (222246).

1.5. To Stop Text Banking messages from coming to your Mobile Device, send a text that says "STOP" to: ABC2GO (222246). You will receive one further text message confirming your deactivation request. After that, you will not be able to use Mobile Banking, Text Banking or receive any future text messages unless you reactivate Mobile Banking.

1.6. Text Banking and the Mobile Banking App may not be available from time to time due to reasons outside of our reasonable control, your Mobile Device carrier, or any service provider.

2. Your Obligations.

You accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Mobile Device.

3. Mobile Device Carrier.

3.1. You agree that any use by you of the Services may be also subject to the terms and conditions of any agreements you have with third party service providers, such as your Mobile Device Carrier and that these Terms and Conditions do not amend or supersede any of those agreements. Those agreements may contain requirements and limitations, including your responsibility for fees and charges, which may impact your use of the Services. You agree that you are solely responsible for all such fees, service charges, limitations and restrictions.

3.2. Only your Mobile Device Carrier is responsible for its products and services. You agree to resolve any problems with your wireless provider directly without involving us.

3.3. We assume no responsibility for the operation, security, functionality or availability of any wireless phone device or mobile network which you utilize to access the Services.

3.4. The Services may not be accessible over some mobile networks.

4. SnapDeposit.

4.1. Description of Functionality.

The Associated SnapDeposit feature in the Mobile Banking application (“SnapDeposit”) allows you to make deposits of original checks (each an “Item”) to your designated Account held with us by scanning or capturing electronic images of such Items with a capture device supported by the SnapDeposit feature (e.g., the camera on your Mobile Device) and submitting the images and associated information to us for processing using the SnapDeposit feature. All Items received through SnapDeposit will be treated as deposits of checks under the Deposit

4.2. Deposit Limits.

For security reasons there are limits on deposits using SnapDeposit. These limits vary and are based on a variety of factors including (but not limited to) the amount of an individual item and the total amount of deposits made using SnapDeposit during a certain period of time. You may also call our Customer Care Center at the number listed under Paragraph 14 of the General Terms and Conditions (available 24 hours a day, seven days a week) if you have any questions.

4.3. Image Quality.

The image of an Item transmitted using SnapDeposit must be legible and clear and provide all information on the front and back of the original Item, including a complete image of all endorsement. It must not be altered. It must capture all pertinent information from both sides of the Item. Image quality must comply with industry requirements established and updated by the American National Standards Institute, Federal Reserve Board and any other regulatory agency. We reserve the right at our sole discretion to reject any image for deposit using SnapDeposit. We will notify you of any rejected Items.

4.4. Endorsement Requirements.

You agree to properly endorse with your signature all Items submitted using SnapDeposit in the area of the Item reserved for endorsements. Further, your endorsement must clearly indicate that the item was submitted electronically by including in the endorsement area the statement “For Mobile Deposit Only” or marking any preprinted checkbox in the endorsement section to indicate the Item was electronically deposited. We reserve the right to refuse any Item submitted by SnapDeposit that is not properly endorsed in accordance with these requirements.

4.5. Eligible Items and Restrictions.

All Items deposited by SnapDeposit are subject to the following eligibility requirements and restrictions:

  • Items must be drawn only on a United States financial institution and must be payable in United States dollars;
  • Items may not be payable to any person or entity other than you as payee (e.g., payable to “cash” or another party and then endorsed to you), except that we will accept Items payable to you together with another person provide your names are conjoined with the word “or” between them (e.g. payable to “John Smith or Jane Doe”).
  • Items may not contain a restrictive endorsement;
  • Items may not contain any alterations
  • You may not deposit Items which you know or suspect, or should know or suspect, are fraudulent; and
  • You may not deposit Items prohibited by our current procedures relating to SnapDeposit or which are otherwise not acceptable under the terms of your Account.

4.6. Additional Terms.

You also agree:

  • All Items you deposit are original paper Items and not an electronic or remotely created check:
  • After submitting an Item for deposit using SnapDeposit you will not redeposit, negotiate, transfer, cash, or otherwise seek to collect funds using the original Item;
  • To complete each deposit promptly and keep your Mobile Device in your possession until each deposit has been completed;
  • Not to create duplicate images of the original Item;
  • Not to deposit Items that are not payable to you;
  • Not to deposit Items that you do not have the authority to deposit;
  • After you submit an Item for deposit you are solely responsible for the storage and destruction of the original Items;
  • The electronic image of the Item will become the legal representation of the Item for all purposes; and
  • Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn, including, without limitation, all endorsements.
  • Not to use the SnapDeposit feature of the Mobile Banking application outside of the United States.

4.7. Cutoffs and Availability of Funds.

If we receive the image of an Item for deposit on or before 6:00 p.m. Central Time on a Business Day, we will consider that day the day of deposit. If we receive the image of an Item for deposit after 6:00 p.m. Central Time or on a weekend or on a non-Business Day, we will consider the next Business Day as the day of deposit. Funds deposited using SnapDeposit will be made available to you in accordance with the Bank’s Funds Availability Policy Disclosure for deposited checks except that funds from checks deposited by SnapDeposit drawn on Associated Bank will generally be available on the Business Day following the day we receive the deposit unless your account is eligible for earlier funds availability. The Bank’s Funds Availability Policy Disclosure can be found in the Deposit Account Agreement.

4.8. Rejected Deposits, Deposit Verification, Safekeeping and Disposal.

Deposits made using SnapDeposit are provisional and subject to final review. We reserve the right to reject a deposit made using the SnapDeposit feature in our sole discretion. You are responsible for verifying that Items you have submitted for deposit by Snap Deposit have been credited to your account. You agree to safeguard and keep the original Item for seven (7) calendar days after the date the Item is credited to your account (the “holding period”). Upon our request we may require you to deliver to us the requested original Item in your possession. If not provided in a timely manner, such amount will be reversed from your Account. After the holding period expires, you agree to mark the item as “VOID” and physically destroy it to ensure it is not presented for deposit again.

4.9. Indemnification.

In addition to any other Indemnification provisions that are part of the General Terms and Conditions, you agree to indemnify, defend and hold us harmless from and against any claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your use of SnapDeposit, including, for example, a subsequent deposit of any previously deposited item. This obligation survives termination of the Terms and Conditions and/or this Section II.

SECTION III. BILL PAYMENT SERVICE ADDITIONAL TERMS AND CONDITIONS

The terms and conditions in this Section III apply only to the Bill Payment Service Additional Terms and Conditions described in more detail in this section. Capitalized terms that are not otherwise defined under Paragraph 16 of this Section III, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section III and the terms and conditions found elsewhere in this Agreement or the Deposit Account Agreement, the terms and conditions in this Section III shall govern.

1. Description of Service.

The term “Bill Payment Terms” means these Bill Payment Service Additional Terms. You may access the Bill Payment Service in both Online Banking and Mobile Banking. The Bill Payment Service enables you to receive, view, and pay bills from Online Banking and Mobile Banking.

2. Payment Scheduling.

2.1. The earliest possible Scheduled Payment Date for each Biller will be designated within Online Banking or Mobile Banking, as applicable, when you are scheduling the payment. The Bill Payment Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Account may be debited earlier than the Scheduled Payment Date.

2.2. In addition, you can elect, through use of the Bill Payment Service, for an additional fee, to accelerate the delivery of a payment to a Biller through use of either the Same Day Bill Payment Service or the Overnight Check Service. These services will not be available to you if the daily cut off time for the service has passed. If the Service Provider has an electronic transfer agreement with the Biller, then the payment will be made the same day electronically through the Same Day Bill Payment Service and a fee as set forth in Exhibit A Service Fees will be incurred by you for that Same Day Bill Payment Service electronic payment; if no such agreement exists, then the payment will be sent the same day via check through the Overnight Check Service and a fee as set forth in Exhibit A Service Fees will be charged for that service. All such fees will be paid by you directly to our Service Provider who will then remit a portion of those fees to us for our services rendered. You agree to pay such charges and authorize us to deduct the amount from the Payment Account you hold with us for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts as set forth in the Consumer Deposit Account Fee Schedule will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

3. The Service Guarantee.

Due to circumstances beyond our control or the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with Paragraph 2, above of the Bill Payment Terms (Payment Scheduling).

4. Biller Setup.

Before you can authorize a payment to a Biller, you must first setup your billing information for the Biller in the Bill Payment Service. You must provide certain information about the Biller such as the Biller name, your billing account number, the Biller’s mailing address, the Biller’s contact phone number, and any other information that may be required by the Bill Payment Service. Some Billers are pre-established in the Bill Payment System and only require that you enter your billing account number. You may be able to set up information for some Billers by using the photo capture setup feature in the Mobile Banking App, which allows you to scan an image of your bill to capture and download the required Biller information fields into the Bill Payment System. You are responsible for reviewing and verifying the accuracy of all Biller setup fields. We are not responsible for any failed or returned Biller payments resulting from your failure to provide accurate Biller setup information.

5. Payment Authorization and Payment Remittance.

5.1. By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through Online Banking or Mobile Banking, as applicable. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.

5.2. When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.

5.3. The Bill Payment Service will attempt to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Service Guarantee (as described in Paragraph 3 of this Section III) shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Account does not contain sufficient available funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Bill Payment Service about the malfunction before you execute the transaction;
  3. You have not provided the Bill Payment Service with the correct Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Bill Payment Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Payment Service has taken reasonable precautions to avoid those circumstances.

5.4. Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

6. Payment Cancellation Requests.

You may cancel or change any Scheduled Payment (including recurring payments) by following the directions within Online Banking or Mobile Banking, as applicable. There is no charge for canceling or changing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or changed, therefore a stop payment request must be submitted.

7. Stop Payment Requests.

The Bill Payment Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact our Customer Care Center for the Service in the manner set forth in Paragraph 14 under the General Terms and Conditions. Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

8. Exception Payments Requests.

Exception Payments may be scheduled through the Bill Payment Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Bill Payment Service Guarantee (as described in Section 3 of the Bill Payment Terms) does not apply to Exception Payments.

9. Bill Delivery and Presentment.

The Bill Payment Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely and entirely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

9.1. Presentation of electronic bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Bill Payment Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Bill Payment Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Bill Payment Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Bill Payment Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

9.2. Paper Copies of electronic bills – If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

9.3. Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.

9.4. Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.

9.5. Activation. We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

9.6. Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

9.7. Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an e-mail notification to the e-mail address listed for your Account(s) in Online Banking or Mobile Banking. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

9.8. Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

9.9. Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

9.10. Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.

9.11. This Agreement does not alter your liability or obligations that currently exist between you and your Billers

10. Disclosure of Account Information to Third Parties.

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your Account or the transactions you make in the following situations pursuant to our Privacy Policy, in addition to the circumstances set forth in Paragraph 23 of the General Terms and Conditions (Information Authorization):

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

11. Service Fees and Additional Charges.

You are responsible for paying all fees associated with your use of the Service. You are responsible for any and all telephone access fees, mobile data and Internet service fees. Paragraph 24 of the General Terms and Conditions (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.

12. Biller Limitation.

We reserve the right to refuse to pay any Biller to whom you may direct a payment. You will receive notification, as required by applicable law, if a decision is made to refuse send a payment to a Biller.

13. Returned Payments.

In using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Payment Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.

14. Information Authorization.

In addition to Paragraph 23 of the General Terms (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

15. Definitions.

15.1. "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

15.2. "Billing Account" is the checking account from which all Service fees will be automatically debited.

15.3. "Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.

15.4. "Account" is as defined in Paragraph 2.2 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.

15.5. "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

15.6. "Payment Instruction" is as defined in Paragrph 2.13 of the General Terms, and is further defined as the information provided by you to the Bill Payment Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

15.7. "Scheduled Payment" is a payment that has been scheduled through the Bill Payment Service but has not begun processing.

15.8. "Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

SECTION IV. ACCOUNT TO ACCOUNT TRANSFER SERVICE ADDITIONAL TERMS AND CONDITIONS

The terms and conditions in this Section IV apply only to the Account to Account Transfer Service described in more detail in this section. Capitalized terms that are not otherwise defined in this Section IV, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section IV and the terms and conditions found elsewhere in this Agreement or the Deposit Account Agreement, the terms and conditions in this Section IV shall govern.

1. Description of Service, Authorization and Processing.

1.1. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, "the A2A Service") enables you to transfer funds between your Account(s) that you maintain with us, and your Account(s) that are maintained by other financial institutions. You represent and warrant that you are either the sole owner or a joint owner of the Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Account and the External Account. If you are a joint owner of the Account, 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. Further, you represent and warrant that the External Account is located in the United States.

1.2. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account; or, as applicable, to (ii) credit your Account and remit funds on your behalf from the External Account designated by you and to debit your applicable External Account. You also authorize us to reverse a transfer if the debit is returned from the other account in the transaction for any reason, including but not limited to nonsufficient funds.

1.3. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

1.3.1. If, through no fault of ours, the Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;

1.3.2. The A2A Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

1.3.3. The transfer is returned as described in Paragraph 6 of the Transfer Money Terms below;

1.3.4. You have not provided us with the correct information, including but not limited to the correct Account or External Account information; and/or,

1.3.5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

1.4. It is your responsibility to ensure the accuracy of any information that you enter into the A2A Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

2. Transfer Methods and Amounts.

Paragraph 19 of the General Terms and Conditions (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such account.

3. Transfer Cancellation Requests and Refused Transfers.

You may cancel a transfer at any time until it begins processing (as shown in the A2A Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Account has been closed) we will make reasonable attempts to otherwise return the funds to you.

4. Stop Payment Requests.

If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Paragraph 14 under the General Terms and Conditions. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

5. Refused Transfers.

We reserve the right to refuse any transfer. We will notify you,as required by applicable law, if we decide to refuse to transfer funds.

6. Returned Transfers.

In using the A2A Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.

7. Definitions

7.1. " Account" is as defined in Paragraph 2.2 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

7.2. "External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.

7.3. "Transfer Instruction" is a specific Payment Instruction (as defined in Pararaph I.2.13 of the General Terms) that you provide to the A2A Service for a transfer of funds.

SECTION V. PERSON TO PERSON PAYMENT TRANSFER SERVICE ADDITIONAL TERMS AND CONDITIONS

The terms and conditions in this Section V apply only to the Person to Person (“P2P”) Transfer Service described in more detail in this section. Capitalized terms that are not otherwise defined in this Section V, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section V and the terms and conditions found elsewhere in this Agreement or the Deposit Account Agreement, the terms and conditions in this Section V shall govern.

The P2P Transfer Service currently utilizes the “Popmoney® Payment Service” platform to transmit payments. Your use of the P2P Transfer Service constitutes your agreement to the terms and conditions.

1. Description of Service.

  1. The term “Popmoney Terms” means these Popmoney Payments Service Additional Terms. "Popmoney" is a trademark of CashEdge Inc. or its Affiliates. The Popmoney Service (for purposes of these Popmoney Terms, and the General Terms as it applies to these Popmoney Terms, the "Popmoney Service") enables you: (1) to initiate a Payment Instruction from an Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Account, in U.S. dollars. Although the ACH Network is often used to execute Popmoney Service Payment Instructions for the Popmoney Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payments must be made through Online Banking or Mobile Banking and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through Online Banking or Mobile Banking and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.
  2. The Instant Payments feature within the Popmoney Service (“Popmoney Instant Payments”) uses Payment Networks designed to transfer funds on the same day or sooner, if practicable, to debit or credit funds to the account of the Receiver, as applicable. Popmoney Instant Payments is only available for Payment Instructions submitted by a Sender to a Receiver (and not via a Popmoney Request). Not all Payment Networks participate in Popmoney Instant Payments. Popmoney Instant Payments are not instantaneous. Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability.

2. Payment Authorization and Payment Remittance.

  1. By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Popmoney Service. Once registered, you authorize us to credit your Account for payments remitted to you on behalf of a Sender without further approval from you.
  2. When we receive a Payment Instruction from you, you authorize us to debit your Account for the amount of any such Payment Instruction at the time you initiate the Payment Instruction, and to remit funds on your behalf. You also authorize us to credit your Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
  3. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Paragraph 14 of the General Terms (Errors, Questions, and Complaints).
  4. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
  5. We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
    1. If, through no fault of ours, the Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
    2. The Popmoney Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
    3. The payment is refused as described in Paragraph 5 of the Popmoney Terms below;
    4. You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Account information, or the correct name and email address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
    5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
  6. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Popmoney Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
  7. Popmoney Instant Payments: We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks. Notwithstanding anything to the contrary in the Agreement, Popmoney Instant Payments settlements are final except as set forth in the applicable Payment Network rules and recovery may not be possible; however, if applicable Payment Network rules allow for reversal of funds, we will attempt to recover such funds from the Receiver’s Eligible Transaction Account. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Popmoney Instant Payments. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications. We will choose the Payment Networks in which we will participate in our sole discretion.

3. Initiation of Payment Instructions.

You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Options (b) and (c) above are not available for Popmoney Instant Payments. Further details about each of these options can be found in Online Banking or Mobile Banking.

Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains an account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment.

For Popmoney Instant Payments, you can initiate a Payment Instruction using (i) the Receiver’s email address or mobile number, and the Popmoney Service will validate the Popmoney Instant Payments eligibility of the Receiver prior to transferring the funds; or (ii) the Receiver’s debit card information, and the funds will be immediately deposited into the Receiver’s checking or savings account affiliated with the debit card. Not all Payment Networks participate in Popmoney Instant Payments. Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability.

You understand and agree that when you initiate a Payment Instruction from an Account using the Popmoney Service, the processing of the Payment Instruction will begin and the debiting of your Account will occur as early as the day of such initiation. However, other than with respect to Popmoney Instant Payments, the payment funds will be transferred into the Receiver's account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s account (even if debited or withdrawn from your Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her account information. Online Banking or Mobile Banking may contain additional information regarding the delivery of a payment to an account.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of Paragraph 5 of the Popmoney Terms, below.

4. Receiving Payments.

If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Popmoney Service to an Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from Online Banking, Mobile Banking or from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Account. You authorize the Sender, the financial institution which holds the Sender's account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive Popmoney Requests from others through the Popmoney Service.

You acknowledge and agree that in the event that funds are transferred into your Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Account an amount equal to the amount of funds improperly transferred to you.

You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

5. Payment Cancellation, Stop Payment Requests and Refused Payments.

Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s account has begun. Popmoney Instant Payments Payment Instructions may not be cancelled as the Payment Instructions will be processed immediately. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current fee schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a Payment Instruction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Account or use other reasonable efforts to return such payment to you as permitted by law.

6. Mobile Phone Users.

Your phone service provider is not the provider of the Popmoney Service. Users of the Popmoney Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.

7. Service Fees and Additional Charges.

You are responsible for paying all financial fees associated with your Accounts. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider.

8. Refused Payments.

We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender.

9. Returned Payments.

In using the Popmoney Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Popmoney Service.

10. Definitions.

  1. "Popmoney Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney Service.
  2. "Receiver" is a person or business entity that is sent a Payment Instruction through the Service.
  3. "Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.
  4. "Sender" is a person or business entity that sends a Payment Instruction through the Service.

SECTION VI. ALLDATA ADDITIONAL TERMS AND CONDITIONS

The terms and conditions in this Section IV apply only to the ALLDATA Additional Terms and Conditions described in more detail in this section. Capitalized terms that are not otherwise defined in this Section IV, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section IV and the terms and conditions found elsewhere in this Agreement or the Deposit Account Agreement, the terms and conditions in this Section IV shall govern.

Our unique ALLDATA service (the “ALLDATA Service”) enables you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. Please take a few minutes to read these ALLDATA Additional Terms and Conditions.

Any reference to Associated Bank in this Agreement includes any directors, officers, employees, contractors, agents, service providers or licensees of Associated Bank.

1. Acceptance of Terms

When you activate and use the features of the ALLDATA Service you agree to accept these ALLDATA Additional Terms and Conditions (the "Terms"), including any amendments to or changes in the Terms. If you do not accept and agree to all of the Terms, you will not be entitled to use the features available through the ALLDATA Service. We reserve the right to change the Terms under which the ALLDATA Service is offered in our sole discretion at any time; however, we will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, we reserve the right to notify you by e-mail or conventional mail, at our discretion. You agree that if you continue to use the ALLDATA Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by the Terms, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the ALLDATA Service. You can review, download and print the most current version of these Terms at any time by clicking on the Terms and Conditions Link on the bottom of any Online Banking Page or otherwise visiting the Terms and Conditions page. If you do not agree to the changes, or if at any time you wish to discontinue your use of the ALLDATA Service, you can unsubscribe by using the online feature to unsubscribe. Alternatively, if you prefer, you can unsubscribe by sending a registered or certified letter to us at the address listed under Paragraph 14 of the General Terms and Conditions. Once your account with us has terminated for any reason, you will have no further right or access to use the ALLDATA Service. To use the ALLDATA Service you must be at least eighteen (18) years old and have an e-mail address.

2. Privacy and Security

We regard your privacy and security with the utmost importance, and are absolutely committed to safeguarding any information that you share with us. In order to provide the ALLDATA Service, we must obtain from you certain personal information including information needed to access your Third Party Accounts. We will use this information only on your behalf and to carry out your instructions. This information is necessary to create your user profile, which allows you to access the ALLDATA Service. You may access, review and update your personal and account information in the ALLDATA Service at any time by clicking on Profile in the ALLDATA Service. Your ALLDATA Service Profile is different from your Profile in Online Banking. To update your personal information you change your Profiles in BOTH the ALLDATA Service and in Online Banking. You agree that we may use, copy, modify, display and distribute any information, data, materials or other content (the “Content”) you provide to us in order to provide the ALLDATA Service, and you hereby give us a license to do so. By submitting Content, you represent that you have the right to license such Content to us for the purposes set forth in these Terms.

3. Third Party Accounts

You understand and agree that, in order to provide the ALLDATA Service, it is necessary for the us to access third party Web sites and data bases containing information regarding your accounts and financial relationships as designated by you at other financial institutions ("Third Party Accounts"), on your behalf, to retrieve information as requested or authorized by you. By using the ALLDATA Service, you authorize us to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by these Terms. You warrant and represent that the information you are providing to us is true, correct and complete. You represent and warrant to us that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any rights of a third party. You hereby authorize and permit us to use Content and other information submitted to us by you (such as account passwords and user names) to accomplish these purposes and to configure the ALLDATA Service to be compatible with the Third Party Accounts.

For as long as you are using the ALLDATA Service, you give us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the ALLDATA Service, as fully to all intents and purposes as you might or could do in person. Once we have actual knowledge that you wish to cease using the ALLDATA Service as provided in these Terms or as otherwise permitted in this Agreement and have had a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us in good faith before we have actual knowledge of termination by you shall be deemed to be authorized by you.

If you wish to terminate your consent to these ALLDATA Additional Terms and Conditions and your access to the ALLDATA Service, please notify us by phone or in writing using the contact information listed under Paragraph 14 of the General Terms and Conditions. We will process your request with reasonable promptness, but your termination request will not become effective until we have had a reasonable opportunity to act on it.

You understand and agree that at all times your relationship with each Third Party Account provider is independent of us and your use of the ALLDATA Service. We will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE THIRD PARTY ACCOUNTS; (2) OUR RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.

4. Securities Quotations and Foreign Exchange Rates

In order to update the value of your assets as shown to you, we will access your Third-Party Account. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT.

The Foreign Exchange rates used in currency calculations are currently provided by xe.com. The Foreign Exchange rates are not real time. Neither we nor xe.com is responsible for the accuracy of the rates provided or for any actions taken in reliance thereon.

5. Alerts

An alert enables you to receive a notice via email or other devices concerning available information in your Third Party Accounts. You are responsible for determining the criteria that governs the alert and the ALLDATA Service will send an alert to you based upon the instructions you provide to us. We do not review or verify your instructions prior to or following activation of any alert. At any point, you can enable or disable an alert.

You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. We are not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert. We do not guarantee the delivery or the accuracy of the contents of each alert. You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert.

We provide this service as a convenience to you for information purposes only. We reserve the right to terminate our alert service or begin charging a fee for such service at any time with prior notice given to you as required by law or these Terms. We shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) non-delivery, delayed delivery, or the misdirected delivery of an alert; (b) inaccurate or incomplete information in an alert; or (c) your reliance on or use of the information provided in an alert for any purpose.

6. Electronic Communications

The Service is an electronic, Internet based-service. Therefore, you understand and agree that these Terms will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

  • These Terms and any amendments, modifications or supplements to it.
  • Any initial, periodic or other disclosures or notices provided in connection with the ALLDATA Service, including without limitation those required by federal or state law.
  • Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the ALLDATA Service.
  • Any other communication related to the ALLDATA Service.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms or the Communications electronically, you are not permitted to use the ALLDATA Service.

You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Profile page.

Communications may be posted on the pages of the ALLDATA Service website and/or delivered to the e-mail address you provide. All electronic Communications sent by e-mail will be deemed to have been received by you when we send it to you, whether or not you received the e-mail. If the Communication are posted on the ALLDATA Service, then it will be deemed to have been received by you no later than five (5) business days after we post the Communication on the pages of the ALLDATA Service, whether or not you retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our e-mail server to the e-mail address you have registered with us. An electronic Communication by posting to the pages of the ALLDATA Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

7. Proprietary Rights

You acknowledge and agree that between us and you, we own all rights in and to the ALLDATA Service. You are permitted to use the ALLDATA Service only as expressly authorized by these Terms. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the ALLDATA Service or technology.

8. No Unlawful or Prohibited Use

As a condition of using the ALLDATA Service, you warrant to us that you will not use the ALLDATA Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by these Terms or by any applicable law or regulation. You further warrant and represent that you will not use the ALLDATA Service in any manner that could damage, disable, overburden, or impair the ALLDATA Service or interfere with any other party's use and enjoyment of the ALLDATA Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ALLDATA Service. You agree that these warranties and representations will remain in full force and effect even if the ALLDATA Service and these Terms are terminated for any reason.

9. Service Changes and Discontinuation

We may modify or discontinue the ALLDATA Service or your access to the ALLDATA Service with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your access at any time and for any reason, including without limitation if we, in our sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of the ALLDATA Service, or if you provide us with false or misleading registration information or interfere with other users or the administration of the ALLDATA Service.

Once your Account(s) with us has terminated for any reason, you will have no further right or access to use the Service, and we will not access your Third Party Accounts thereafter for any reason.

10. Links To Third Party Sites

The ALLDATA Service may contain links to other Web sites ("Linked Sites"). Such links are provided solely as a convenience for you. While we will attempt to select and provide links to Linked Sites that we believe may be of interest to its customers, we do not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that we, our affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.

11. Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT THE ALLDATA SERVICE IS PROVIDED "AS-IS." WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE THIRD PARTY ACCOUNTS OR THAT THE ALLDATA SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ALLDATA SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ALLDATA SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend and hold harmless Associated Bank and all our affiliates, partners, officers, directors, employees, service providers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the ALLDATA Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to these Terms, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

13. Miscellaneous

You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Third Party Accounts linked to the ALLDATA Service; and that you may rightfully authorize us to access the Third Party Accounts. You understand that we are not responsible or liable if your financial institution’s or any other provider of Third Party Accounts system “goes down” or if they have any system failures and we are unable to retrieve information on your behalf.

You agree that our rights and remedies arising out of any breach of your representations and warranties in these Terms, the limitations on our liability and our rights to indemnification under these Terms are continuing and shall survive the termination of the ALLDATA Service and these Terms, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

The most current version of these Terms as it appears on the ALLDATA Service, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. These Terms may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the ALLDATA Service following receipt of notice of any changes we propose. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the ALLDATA Service, at our discretion. All notices to us regarding the ALLDATA Service must be made in writing and sent to us via registered or certified mail at the address provided under Paragraph 14 of the General Terms and Conditions. These terms are personal to you and you may not assign your rights under these Terms to anyone.

EXHIBIT A. SERVICE FEES

The following fees apply to optional additional services. Overnight check payments: $15.95 each
Send paper bill payments via overnight courier (next business day delivery). Includes tracking information and delivery confirmation.

Same-day bill payments: $9.95 each
Send same-day electronic bill payments to national and regional billers. Please refer to the Consumer Deposit Account Fee Schedule for fees applicable to your deposit accounts, including overdraft related fees. Associated Bank, N.A. is a Member FDIC.

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