WELCOME TO THE One Bank of Tennessee (“BANK”) website (“SITE”). THESE TERMS AND
CONDITIONS OF USE (“TERMS”) GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY
BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE
SITE. BY ACCESSING THE SITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS.
Product and Services Information
This Site has been established by the Bank for the purpose of conveying information
about the Bank's products and services and to allow communication between the Bank
and its customers. Nothing contained in any page on this Site takes the place of
the Bank's agreements that govern our products and services and disclosures made
in accordance with federal and state laws and regulations. If any information on
the Site conflicts with that in the Bank's agreements and disclosures, such agreements
and disclosures will control.
To subscribe to the Bank's Internet Banking service (“Internet Banking”), you must
maintain at least one deposit account with Bank, which may include the following
types of accounts: checking account, savings account or money market account (collectively
and individually, “Accounts”). Internet Banking will allow you to access more than
one Account, view Account balance and transaction information, transfer funds among
designated Accounts, send electronic mail to Bank and receive electronic mail from
Bank (“Internet Banking Transactions”).
You shall be responsible for all Internet Banking Transactions you authorize. You
shall also be responsible for all Internet Banking Transactions. You also have responsibilities as governed by the
Electronic Fund Transfer Act (15 U.S.C. 1693, et seq.) as more fully described below.
The Bank shall be responsible for performing services expressly provided for in
these Terms, and shall not be liable for any error or delay so long as the Bank
has acted in accordance with these Terms and Account agreements. The Bank shall
not be liable if you do not have sufficient funds in a designated Account to complete
the transaction you initiate or if the Account is closed.
The Bank shall not be liable if you have not given the Bank complete, correct or
current transfer instructions or if you have not followed proper instructions provided
through the Internet Banking website. The Bank shall not be responsible for any
loss, damage, liability or claim arising, directly or indirectly from any error,
delay or failure in performance of any of its obligations hereunder which is caused
by fire or other natural disaster, strike, civil unrest, any inoperability of communications
facilities or any other circumstance beyond the control of the Bank.
Computer Equipment and Software
You must have an Internet Service Provider and a web browser to utilize Internet
Banking through the Internet. In an effort to provide the highest degree of confidentiality
and security, the Bank recommends the use of browsers that provide encryption using
a 128-bit key. The higher level of encryption, the more difficult it is for unauthorized
people to read information. The Bank is not liable for losses resulting from the
use of any browser using less than 128-bit data encryption. If you elect to use
a browser that does not use 128-bit encryption, this implies your acceptance of
You are solely responsible for the maintenance, installation and operation of your
computer and for the software used in accessing Internet Banking. The Bank shall
not be responsible for any errors, deletions, or failures that occur as a result
of any malfunction of your computer or software, nor shall the Bank be responsible
for any computer virus that affects your computer or the software while using Internet
Daily Processing Deadlines
Account information displayed through Internet Banking is the current information
as of the previous business day. Funds transfers between Accounts initiated on your
computer using Internet Banking, and received by Bank or its agent(s) by 4:00 P.M.
CST Monday-Friday will be effective on the current business day. Funds transfers
initiated on you computer and received after 4:00 P.M. CST Monday-Friday or all
day Saturday, Sunday and banking holidays will be effective the following business
Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market
Accounts apply to funds transfers between Accounts.
The following fees will be applicable to Internet Banking:
- Viewing account information - no charge
- Transfers of funds between Accounts - will be subject to any fees applicable to
withdrawals from your Account as stated in your Account's disclosures or the Bank's
fee schedule, as amended from time to time; and
- All other services - fees for any other service made available or requested by you
via this Site, will be as stated in the Bank's fee schedule, as amended from time
Electronic Fund Transfer Act Disclosure
Some of the terms set forth below are governed by the Electronic Fund Transfer Act
(“EFT Act”), which is only applicable to consumers. Commercial Account holders are
not entitled to the rights provided under the EFT Act. Any consumer Internet Banking
transfers you complete are subject to the EFT Act
and this disclosure.
Reporting Unauthorized Transactions
You must notify the Bank IMMEDIATELY if your card or password has been lost or stolen, or if
you believe unauthorized transactions are being made from your Account(s). Telephoning
is the best way of minimizing possible losses. Contact the Customer Service Center
at (931) 528-5441.
Failure to notify the Bank could result in the loss of all money in your Account
plus your maximum line of credit, if you have one. If you report within two (2)
business days, the loss sustained by you will be no more than $50 if your PIN is
used without your permission.
If you do not notify the Bank within two (2) business days after learning of the
loss of theft of the PIN, and the Bank can prove that it could have prevented someone
from using the PIN without your permission had it been notified, you could lose
as much as $500.
The Bank will mail or deliver to you periodic statements for your Account(s) as
disclosed in your deposit or credit agreements. The Bank will include any transfers
you authorize through Internet Banking on your statements. You agree to review your
periodic statement for accuracy of all data in accordance with these Terms and any
other deposit or credit agreements governing your Account. You should promptly notify
the Bank of any discrepancies.
Bank's Business Days
The Bank's business days are Monday-Friday. Federal holidays on which our offices
are closed are not considered business days. You may access Account information
through Internet Banking 24 hours a day, seven days a week, except for interruptions
due to maintenance or matters beyond the Bank's control. The Bank does not warrant
that Internet Banking will be available at all times.
If your Account statement shows electronic transfers you did not make, or you feel
any statement or receipt is wrong, or you wish to have more information about a
transfer listed on a statement or receipt, contact us in writing or by telephone.
Contact the Customer Service Center at (931) 528-5441.
We must hear from you within sixty (60) days after we send you the FIRST statement
on which the problem or error appeared. If you fail to notify the Bank within the
sixty (60) day period, you may not recover any of the money you lost if we can establish
that the loss could have been avoided had you notified us on time. We may extend
these time periods for good reasons such as out-of-town travel or extended hospital
When you contact us:
- Tell us your name, Account number and security code;
- Describe the error or the transfer you are unsure about, and explain as clearly
as possible why you believe it is an error or why you need more information; and
- Tell us the dollar amount and the item reference number of the suspected error.
If you notify us by telephone, we may require that you send us your compliant or
question in writing within ten (10) business days. If we ask you to put your complaint
or question in writing and we do not receive it within ten (10) business days, we
may not provisionally credit your Account.
We will tell you the results of our investigation within ten (10) business days
after notice of the problem and will correct any error promptly. If we need more
time, however, we may take up to ninety (90) days to investigate complaints or questions
concerning foreign-initiated transfers, or up to forty-five (45) days to investigate,
we will provisionally credit your Account within ten (10) business days for the
amount you think is in error. You will have the use of the money during the time
it takes us to complete the investigation. If we decide no error occurred, we will
send you a written explanation within three (3) business days after our investigation
is complete. You may ask for copies of the documents we used in our investigation.
Electronic Mail (secure messages) to the Bank may be delayed; therefore, if you
need the Bank to receive information concerning your Account immediately ( e.g.
, to stop payments, to report a lost or stolen card or to report unauthorized use
of your Account), you must contact the Bank in person or by telephone. The Bank
shall have a reasonable period of time after receipt to act on requests or information
you send by electronic mail.
The Bank may disclose information to a third party about your Account or the transfers
only if you have given us permission to do so, or when it is necessary to (1) complete
transfers, (2) verify the existence or status of your Account to a third party such
as a credit bureau or merchant, or (3) comply with a court order or the request
Site for more information on the Bank's use of its customer's personal and account
information provided to or held by the Bank.
Links to Other Internet Sites
From time to time the Bank may place links to third party websites on this Site.
The Bank has no control over any other site and is not responsible for the content
policies and other notices on such third party sites before using them. You assume
all responsibility when you go to other sites via the links on this Site and for
your dealings with such third party websites. You should take precautions when
downloading files from third party sites to protect your computer software and data
from viruses and other destructive programs.
Electronic Signatures and Authentication
The Bank may, in accordance with federal law, adopt or accept commercially reasonable
electronic signatures and/or authentication procedures to verify customer identity,
authenticate customer signature authorization, and confirm that information electronically
received by the Bank has not been altered during transmission. Such electronic signatures
shall consist of symbol(s) or code(s), which may be affixed or contained in electronic
agreements, disclosures, notices, records or data transmitted by you or the Bank
to the other party. Neither Bank nor you shall disclose to any unauthorized person
the confidential electronic signature of the other party.
You agree that by using Internet Banking to conduct transactions, the information
and transfers will be recorded and/or data captured. By using the Bank's service
you consent to such recording.
The information and materials contained in this Site are owned by the Bank or by
others, as applicable. No material may be copied, displayed, transmitted, distributed,
framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted
by law. All contents of this Site are: © .
All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos,
trade dress and other proprietary content, including but not limited to text, software,
sound, photographs, buttons, images, video and graphics, the entire selection, coordination,
arrangement and “look and feel” of this Site is copyrighted as a collective work
under United States copyright laws. Neither these Terms nor your use of this Site
transfers any right, title or interest in the Site or content on this Site to you,
and the Bank and its third party licensors retain all of its and their respective
right, title and interest to the Site and its content.
NEITHER THE BANK NOR ANY OF ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND REGARDING
THE PRODUCTS AND SERVICES ADVERTISED ON OR ACCESSED THROUGH THIS SITE OR ANY LINKED
SITE. THE BANK WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION DISPLAYED
IS ACCURATE; HOWEVER, THE BANK EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY,
EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, AND THE ABILITY TO USE THE SITE WITHOUT
CONTRACTING A COMPUTER VIRUS. THE BANK IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE,
EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE), INCLUDING DIRECT,
INDIRECT, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST PROFITS OR DAMAGES
THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE, THAT RESULT FROM THE ACCESS
TO OR USE OF THIS SITE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE OMISSION
OF INFORMATION, THE FAILURE OF EQUIPMENT, THE DELAY OR INABILITY TO RECEIVE OR TRANSMIT
INFORMATION, THE DELAY OR INABILITY TO PRINT INFORMATION, THE TRANSMISSION OF ANY
COMPUTER VIRUS, OR THE TRANSMISSION OF ANY OTHER MALICIOUS OR DISABLING CODE OR
PROCEDURE. THIS LIMITATION APPLIES EVEN IF THE BANK OR ANY OF ITS AFFILIATES HAS
BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT, EXCEPT
AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
REGARDING ANY ASPECT OF INTERNET BANKING.
BY ACCESSING INTERNET BANKING THROUGH THE WORLD WIDE WEB, YOU AGREE THAT NEITHER
BANK NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNATIVE COSTS, EXPENSES OR DAMAGES (INCLUDING LOST SAVINGS OR PROFITS,
LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO
THESE TERMS OF YOUR USE OF THIS SITE. THE MAXIMUM AGGREGATE LIABILITY OF THE BANK
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM
OR CAUSE OF ACTION, SHALL BE ONE HUNDRED US DOLLARS ($100).
If any provision of these Terms is found to be invalid or unenforceable under applicable
law, said provision shall be ineffective to the extent of such invalidity only,
without affecting the remaining provisions of these Terms.
These Terms may be amended by the Bank from time to time by posting the new Terms
of Use on the Site. Please review these Terms periodically for any updates and changes.
You agree to be subject to these Terms as changed from time to time. To the extent
required by law, revised information will be made available at any Bank office and,
in many cases, will be mailed or sent via electronic mail to you. You will be required
to abide by these changes in future transactions.
Jury Trial Waiver and Arbitration
You hereby knowingly, voluntarily, intentionally and irrevocably waive the right
to a trial by jury in respect to any litigation based hereon or arising out of these
Terms or relating to the account as permitted under applicable law. You agree that
any dispute arising out of or relating in any way to your use of this Site or Internet
Banking requires that such claim be resolved exclusively by confidential binding
arbitration except that, to the extent you have in any manner violated or threatened
to violate Bank's intellectual property rights, Bank may seek injunctive or other
appropriate relief. The arbitration shall be conducted before three neutral arbitrators
in the city of Nashville, Tennessee, in accordance with the rules of the American
Arbitration Association ("AAA"), as then in effect. No claims of any other parties
may be joined or otherwise combined in the arbitration proceeding. Unless otherwise
expressly required by applicable law, each party shall bear its own attorneys' fees
without regard to which party is deemed the prevailing party in the arbitration
proceeding. Except for punitive and consequential damages (which may not be awarded),
and subject to these Terms, the arbitrators shall be authorized to award either
party any provisional or equitable remedy permitted by applicable law. The parties
shall equally share all AAA charges and fees associated with the arbitration. BECAUSE
THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING
BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT
OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE
OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING.
OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING
WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR
UNAVAILABLE IN ARBITRATION. The award of the arbitrators may be enforced in any
court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive
jurisdiction of the courts of the State of Tennessee or to any Federal Court located
within the State of Tennessee for any action (i) to compel arbitration, (ii) to
enforce any award of the arbitrators, or (iii) at any time prior to the qualification
and appointment of the arbitrators, for temporary, interim or provisional equitable
remedies, and (b) to service of process in any such action by registered mail or
any other means provided by law. Should this Section be deemed invalid or otherwise
unenforceable for any reason, it shall be severed. In such event, the parties to
these Terms agree that exclusive jurisdiction and venue for any claims will be in
state or federal courts in Nashville, Tennessee, and each party hereby waives any
defense related to personal jurisdiction, process or venue.
You agree to indemnify, defend and hold the Bank, its affiliates, shareholders,
directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless
from any claim, demand, liability, dispute, damage, cost, expense, or loss, including
attorneys' fees and costs of litigation, arising out of, or in any way related to
your use of or access to this Site, your use of Internet Banking, including any
use by your employees, your violation of these Terms or your violation of any rights
of a third party.
The Bank may waive any term or provision of these Terms at any time or from time
to time, but any such wavier shall not constitute a waiver of the term or provision
in the future.
The Bank may assign the rights and delegate the duties under these Terms to any
present or future, directly or indirectly, affiliated company or to any third parties.
Either party may terminate these Terms by giving sufficient notice to the other
party. Any transaction you have initiated prior to receipt of notice of termination
by the Bank will continue to be made until the Bank has had a reasonable opportunity
to act upon the notice of termination. If the Bank terminates your access to Internet
Banking, the Bank reserves the right to immediately stop making transfers from your
Account(s), including those you previously authorized.
These Terms are subject to the provisions of all applicable operating circulars
of the Federal Reserve System and any other applicable provisions of Federal law.
Except as provided, these Terms and the use of this Site are governed by and
interpreted in accordance with the laws of the state of Tennessee. These Terms shall
be binding upon and inure to the benefit of the parties hereto and their respective
legal representatives, successors and assigns.