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Online Statement and Alert Delivery Agreement Effective August, 2007 
 
This agreement ("Agreement"), made between you and U.S. Bank for the purpose of receiving an electronic version of your account statement online and for receiving electronic notifications ("Alerts") that your Online Statement is available for your accounts, governs the terms of use of U.S. Bank's Online Statement delivery and Alert service ("the Service"). As used in this Agreement, the words "we," "our" and "us" mean U.S. Bank National Association, its affiliates, successors and assigns, and the words "you" and "your" mean the account holder who has elected to receive his or her Online Statement and Alert.
 
This Agreement is in addition to other agreements between you and us, including the applicable deposit, loan, and lease account disclosure agreement(s) and terms and conditions, applicable line of credit agreement(s) and disclosures, including credit card account agreement(s) and terms & conditions, and our rules and regulations, as well as the Expanded Account Access Agreement and Privacy Pledge.  If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreements between you and us as they relate to Alerts or the Service, this Agreement will control.
 
By clicking the "Accept" button and enrolling in the Service, you agree to abide by the terms and conditions set forth in this Agreement and acknowledge your receipt and understanding of the Agreement and disclosures contained in the Agreement. You also acknowledge that Alerts will not be encrypted and you agree to receive Alerts that may include confidential information pertaining to you and your account(s). Please read this Agreement carefully and retain a copy for your records. If you click the "Cancel" button, you will not be enrolled in the Service and will not be bound by this Agreement.
 
1.  DESCRIPTION OF ONLINE STATEMENTS
 
You may elect to receive your statement online only for any Eligible Accounts (defined below), that you choose. Online Statements will be viewable electronically in Portable Document Format ("PDF") that you can view online, save to your computer or print at your convenience. Any legal notices that normally accompany your mailed statement will either continue to be mailed under separate cover or delivered to you electronically.  From time to time, we may add to, modify or delete any feature of the Service at our sole discretion.
 
You understand and agree that by enrolling in the Service, you may no longer receive a statement by mail (see section C below for availability of paper statements).
 
A. REGISTRATION FOR THE SERVICE.  In order to use the Service, you must be a U.S. Bank Internet Banking customer. You must accept the terms of the E-sign Act in addition to this Agreement to become a registered user of the Service.
 
Any account owner can enroll accounts with joint ownership for the Service. Once enrolled, the account owners will no longer receive paper statements. The account statement will be available for viewing online to all owners of the account who are enrolled in U.S. Bank Internet Banking regardless of which owner enrolled for the Service.
 
B. ELIGIBLE ACCOUNTS FOR ONLINE STATEMENTS. 
(1) Consumer and Small Business Checking, Savings and Money Market accounts.  Each account must be enrolled for the Service on an individual basis. Online Statements will be available at the same frequency as your statement that was previously mailed. Generally, this means that you will receive a monthly statement online for checking and money market accounts.  For Standard Savings accounts, a quarterly statement will be available.  Goal Savings accounts will receive a monthly statement, unless there has not been any transaction activity (in which case a quarterly statement will be available online for 90 days).

 

 

If you are currently receiving information for multiple accounts on your paper statement, be aware that if you enroll in the Service you will begin to receive Online Statements for your Checking, Savings, or Money Market account, and you will begin to receive paper statements for each of your other accounts. Summary information for CDs, loans, credit cards and lines of credit will no longer appear on your statement.

 

 

(2) Consumer Loan, Lease and Home Equity Line of Credit accounts.  Customers who are currently receiving paper statements are eligible for the Service, unless one of the following applies: the account has been charged off, closed, is in bankruptcy, or has gone more than 60 days past due once.

 

 

 

(3) Small Business Loan and Line accounts.  Each account will receive both a paper statement and an Online Statement.

(4) Consumer and Small Business Credit Cards, CreditLine, Premier Line, Premier Line Plus, and Investment Equity Line of Credit accounts.   Each account will receive both a paper statement and an Online Statement, until the account is enrolled in the Service.  When the account is enrolled in the service, you will no longer receive a paper statement.

 
C.

ACCESSING YOUR ONLINE STATEMENTS.  Your Online Statement and accompanying legal notices and disclosures will be presented to you via U.S. Bank Internet Banking or under separate cover. Once you enroll in U.S. Bank Internet Banking, you and all other account owners will have access to a Message Center within U.S. Bank Internet Banking; the link will appear in the left-hand navigational bar. A message will appear in the Message Center at the end of each statement cycle alerting you that the most recent Online Statement is available for viewing. You agree to periodically check the Message Center within U.S. Bank Internet Banking for messages relating to the availability of your Online Statement. The messages will be available in the Message Center for up to 30 days.  You will also receive an Online Statement Account Alert delivered to a personal email or wireless (text message) address you specify, informing you that your Online Statement is available for viewing within U.S. Bank Internet Banking.

 

Once enrolled in the Service, you can build up to 18 months of statement history, and will be able to view the current month's statement as well as up to 17 previous statements.  Immediate access to statement history may vary based on the account type. All statements are in a format that can be printed or saved to your hard drive for your future reference.  The statement backer will also be available for viewing within U.S. Bank Internet Banking and can also be printed or saved.


 

 

(1) Consumer and Small Business Checking, Savings and Money Market accounts.  If you do not receive your cancelled checks back with your statement at the time you enroll in the Service, the first statement after your enrollment will be available for online viewing. If you do receive your cancelled checks back, you will receive one more paper statement with your cancelled checks and the following statement will be available for online viewing. Please note that if you receive your cancelled checks back with your statement, by enrolling in the Service you understand and agree that we will safekeep your checks at the time your enrollment is effective. 

If you close an account, you will no longer be able to view your account online, and therefore you won’t be able to view your Online Statements.  Your final account statement will be produced on paper and mailed. You may request that a copy of your current or a previous statement be mailed to you at your home address. Please refer to the Consumer or Small Business pricing information brochures for applicable fees. 

If you currently receive duplicate statements at the same address, mailing of the duplicate copy will be discontinued; however, you can print multiple copies of your statement through the Service. If you currently have statements mailed to an interested party, i.e., a statement mailed to your accountant, mailing of the interested party statement will be discontinued; however, you can forward your statement to your interested party at your own discretion.

 
(2) Consumer Loan, Lease and Home Equity Line of Credit accounts.  Once you enroll in the Service, you will receive your next scheduled paper statement and an Online Statement.  After that, you will no longer receive paper statements. If you close an account, you will no longer be able to view your account online, and therefore you won’t be able to view your Online Statements. You will receive a paper copy of your final statement.


 

(3) Small Business Loan and Line accounts. You will automatically receive both an Online Statement and a paper statement.  If you close an account, you will no longer be able to view your account online, and therefore you won’t be able to view your Online Statements. You will receive a paper copy of your final statement.

(4) Consumer and Small Business Credit Cards, CreditLine, Premier Line, Premier Line Plus, and Investment Equity Line of Credit accounts.  You will automatically receive both an Online Statement and a paper statement. Once you enroll in the Service, you will no longer receive paper statements. If you close an account, you will no longer be able to view your account online, and therefore you won’t be able to view your Online Statements. You will receive a paper copy of your final statement.


 

D.

PAYMENT

(1) Consumer Loan, Lease and Home Equity Line of Credit account payments. You can make payments on your account enrolled in the Service by telephone transfer, through U.S. Bank Internet Banking, by electronic payment from another financial institution, or at a branch.  You will be unable to use the coupon at the bottom of your Online Statement to make your payment by mail, as this will cause a delay in the processing of your payment, which could result in late charges on your account. 

(2) Consumer and Small Business Credit Cards, CreditLine, Premier Line, Premier Line Plus, and Investment Equity Line of Credit account payments.  You can make payments on your account enrolled in the Service by telephone transfer, through U.S. Bank Internet Banking, by electronic payment from another financial institution, or at a branch.  You will be unable to use the coupon at the bottom of your Online Statement to make your payment by mail, as this will cause a delay in the processing of your payment, which could result in late charges on your account.


 

E.

CHANGE STATEMENT DELIVERY METHOD.
Contact us any time if you wish to discontinue this Service.

(1) Consumer and Small Business Checking, Savings and Money Market accounts.  When you discontinue the Service, you will automatically receive paper statements beginning with your next statement cycle, and your Online Statements and Online Statement Account Alerts will be discontinued. The statements that were previously presented online will not be mailed to you and you will not be able to access them online; however, you can order copies of past statements through Customer Service. When you receive your paper statement, please note it may not have all of the same accounts that were included prior to enrolling for the Service. Any accounts that were previously combined on your paper statement will have to be re-combined through Customer Service. If you want to receive your cancelled checks along with your paper statement, you must contact Customer Service to reinstate this feature. Additional fees may apply to receive your cancelled checks in your statement.

(2)  Consumer Loan, Lease and Home Equity Line of Credit accounts.  When you discontinue the Service, you will automatically receive paper statements beginning with your next statement cycle, and your Online Statements and Online Statement Account Alerts will be discontinued. The statements that were previously presented online will not be mailed to you and you will not be able to access them online; however, you can order copies of past statements through Customer Service.

(3)  Small Business Loan and Line accounts.  You will automatically receive both paper statements and Online Statements for your account.  The option to enroll in Online Statements Only and stop receiving paper statements is not an option for these accounts at this time; therefore, there is no Service to discontinue. 

(4)  Consumer and Small Business Credit Cards, CreditLine, Premier Line, Premier Line Plus, and Investment Equity Line of Credit accounts.  When you discontinue the Service, you will automatically receive paper statements beginning with your next statement cycle.  You will continue to receive Online Statements and Online Statement Alerts. The statements that were previously presented online will remain online for up to 18 months, but will not be mailed to you.  You can order copies of past statements through Customer Service.

 

 
2.  DESCRIPTION OF ALERTS
 

When you register to receive Online Statement Account Alerts for your Online Statements, you will receive Alerts informing you when your Online Statement is available for viewing within U.S. Bank Internet Banking.  Alerts will be sent to a pager, mobile (cell) phone, handheld, or other wireless device or by email as designated by you.  You may sign up for other related Account Alerts through U.S. Bank's Internet Banking service.  The Service allows you to request and receive certain messages about your U.S. Bank account.  You agree to notify us of any change to your email or wireless (text message) address(es) in order to ensure continued delivery of your Account Alerts.

You must be a U.S. Bank Internet Banking customer to receive Account Alerts.  You may delete or change the status of your Account Alerts through U.S. Bank Internet Banking.  Account Alerts may be discontinued by changing the Alert status to “inactive.”  Inactive Account Alerts will be maintained on your list of Account Alerts; however, you will not receive Account Alerts until you change the status to “Active.”  Deleted Account Alerts will not be maintained on your list of Account Alerts.  Please note that Online Statement Account Alerts are a required feature of receiving Online Statements Only and cannot be deleted or inactivated while enrolled in the Service.

Account Alerts will be sent each day, at various times, when transactions occur that meet your specified criteria. You understand and agree that Account Alerts will not be sent on a “real time” basis, but will rather be sent at scheduled delivery times after the specified transaction event occurs.  We reserve the right to change the frequency or timing of Account Alerts, at any time and from time to time.

Account Alerts are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).

This Agreement will be in effect from the date your registration is submitted by you and accepted by U.S. Bank and at all times while you are using the Service. U.S. Bank may terminate this Agreement and your use of the Service at any time without prior notice. We will notify you of the change in an appropriate manner as soon as reasonably possible. All applicable provisions of this Agreement shall survive termination by either you or U.S. Bank, including, without limitation, provisions relating to warranty disclaimers, limitations of liability, and indemnification.

 
3.  THIRD PARTY SERVICES
 

You may access, through the Service, merchandise or services from third party individuals or entities other than U.S. Bank ("Third Party Services"). All matters concerning Third Party Services are solely between you and the Third Party Service provider. We make no warranties or representations whatsoever with regard to Third Party Service providers' merchandise or services. The inclusion of advertisements or links to such Web sites does not imply any endorsement of the material on such websites by U.S. Bank. U.S. BANK IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR INJURIES WHEN YOU ACCESS THIRD PARTY INSTITUTIONS' WEB SITES AND THE SERVICES AVAILABLE ON THEM. YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE THIRD PARTIES' AGREEMENTS AND POLICIES RELATING TO THE USE OF THEIR SERVICES. For example: your Personal ID and Password are used by you or another person with your authorization and you or that person transfers money between your online banking checking and savings accounts, or makes a withdrawal from your online banking account or directs a sale of certain stocks from your online trading account - in any of these cases, you must go to your bank or online trading institutions for recovery of your funds or compensation - U.S. Bank will not be liable for these losses.

You understand and agree that receipt of Account Alerts may be delayed, or prevented by factors affecting your Internet service provider(s), phone operator(s), and such other relevant entities ("Third Party Service Providers"). All matters concerning Third Party Service Providers are solely between you and the Third Party Service Provider.  We make no representations or warranties whatsoever with regard to Third Party Service Providers' products and services.  U.S. Bank and its affiliates neither guarantee the delivery nor the accuracy of the contents of any Account Alert. U.S. Bank and its affiliates will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdelivery of an Account Alert; (b) inaccurate content in an Account Alert; or (c) your use or reliance on the contents of any Account Alert for any purchases or any other reason.

 
4.  SECURITY
 
Information you provide in connection with the Service will be stored on secure U.S. Bank server(s) and protected by advanced encryption techniques. These security measures are intended to keep this important information under a virtual lock and key so that it may only be used by you; however this security is partly contingent upon your responsible behavior in protecting your Personal ID and Password for the Service - please use maximum caution in protecting your Personal ID and Password (see "User Responsibilities" below). For your protection, the content of Account Alerts will only include the last four digits of your account number and general transaction information.
 
5.  PRIVACY
 

Protecting your privacy is important to U.S. Bank and the U.S. Bancorp family of financial service providers. We will gather, and disclose personal information about you only as allowed by law. All information gathered from you in connection with using the Service will be governed by the provisions of the U.S. Bank Privacy Pledge, including the Consumer Online Privacy Statement, all of which are incorporated herein by reference, and the receipt of which you acknowledge as part of your agreement to these terms of use. Personal information about you will be used for the purpose of operating the Service and U.S. Bank internal purposes (i.e., aggregate demographic analyses, internal marketing studies and statistical analyses). And, unless you exercise the option to prohibit sharing information within the U.S. Bank family or with our financial partners as described in the U.S. Bank Privacy Pledge, personal information about you may be used to determine your eligibility for financial products and services that may be offered by U.S. Bank, its affiliates and financial partners.

 
6. 

INTERNATIONAL USE

U.S. Bank does not make any representations that any content or use of the Service is appropriate or available for use in locations outside of the United States and accessing the Service from territories where its contents or use is illegal is prohibited by U.S. Bank. If you choose to access the Service from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
 
7.  PROPRIETARY RIGHTS
 
A. MATERIALS.  Other than your materials and account information, all content included or available on the Service, such as advertisements, test, graphics, logos, button icons, images, audio clips and software, is the property of U.S. Bank, and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangements and assembly) of all content on the Service is the exclusive property of U.S. Bank and/or its licensors and is protected by copyrights or other intellectual property rights.
 
B. TRADEMARKS. The trademarks, logos, and service marks displayed on the Service (collectively "Trademarks") are the registered and unregistered Trademarks of U.S. Bank, or third parties. Under no circumstances may you use, copy, alter, modify or change these Trademarks. Nothing contained on the Service should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of U.S. Bank or the third party, which has rights to such Trademark, as appropriate.
 
8.  USER RESPONSIBILITIES
 
A. PROTECTING YOUR U.S. BANK PERSONAL ID AND PASSWORD.  As a U.S. Bank Internet Banking customer, you have chosen a Personal ID and Password which allow you access to the Service. Your responsibility for transactions and other activities that occur or are undertaken using your Personal ID and Password includes those transactions and activities that may be taken by anyone using the Service after logging in with your Personal ID and Password. You are also responsible for keeping your Personal ID and Password confidential and for ensuring that you have logged out of the Service when your session is complete to prevent unauthorized persons from using the Service. You agree that you will be the only user of your Personal ID and Password, that you will not transfer or disclose any of this information to any other persons, and that you will be responsible for all usage of the Service and any fees associated with use of other services accessed through the Service on your account whether or not authorized by you. You agree to immediately contact us if you know of or suspect any unauthorized use of your Personal ID and Password. Please use maximum caution in protecting your Personal ID and Password from disclosure to anyone else - you may be ultimately responsible for any transactions or actions made by a party accessing the Service by using your Personal ID and Password.
 
B. PROVIDING PERSONAL INFORMATION.  You agree to provide true, accurate, current and complete information about yourself as requested and you agree not to misrepresent your identity.
 
C. NO ILLEGAL USE OF THE SERVICE.  You agree not to use the Service to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law. 
 
D. EQUIPMENT.  You are responsible for and must provide all telephone and other equipment, software (other than any software provided by us) and services necessary to access the Service. You will need Adobe Acrobat Reader to view, print and/or save your Online Statements and Legal Notices. A link to adobe.com will be provided if you need to download the software. There is no fee for this download.  U.S. Bank reserves the right to modify this Agreement at any time.  Any modifications shall be effective when they are posted on the Service.  You will be notified as soon as possible when any changes are made that materially affect your rights.
 
9.  CHANGE IN TERMS OF USE
 
U.S. Bank reserves the right to modify this Agreement at any time. Any modifications shall be effective when they are posted on the Service. You will be notified as soon as possible when any changes are made which materially affect your rights, such as changes regarding how your information is maintained or used. Notification will either be mailed under separate cover or delivered to you online.
 
10.    TERMINATION
 

This Agreement will be in effect from the day your registration is submitted by you and accepted by U.S. Bank and at all times while you are using the Service. U.S. Bank may terminate this Agreement and your use of the Service at any time without prior notice. We will notify you of the change in an appropriate manner as soon as reasonably possible. You may terminate as described in Section 1.E. above. All applicable provisions of this Agreement shall survive termination by either you or U.S. Bank, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification and the miscellaneous provisions.

 

11.    LIMITATION OF LIABILITY RELATING TO USE OF THE SERVICE
 
Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither U.S. Bank nor any party that provides Internet access or equipment used to access the Service, nor any agent, independent contractor or subcontractor of any of the foregoing ("Service Providers") will be liable for any loss, injury or damage, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way out of the enrollment in, use or maintenance of the Service, or of the Internet access provider used to access the Service, or of the Equipment used to access the Service, including, without limitation, any loss, injury or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communication with us, even if we or the Service Providers are aware of the possibility of such events.
 
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
 
12.    INDEMNIFICATION
 
You agree to indemnify, defend and hold U.S. Bank and its affiliates, officers, directors, employees, consultants, agents, service providers and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other Materials submitted by you to the Service; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegations brought against U.S. Bank arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (d) your violation of any law or rights of a third party; or (e) your use of the provision of the Service or use of your account by any third party. U.S. Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with U.S. Bank in asserting any available defenses. You will not settle any action or claims on U.S. Bank's behalf without the prior written consent of an authorized officer of U.S. Bank.
 
13.    OTHER PROVISIONS
 
Severability. If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any other jurisdiction.
 
Headings.  The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.
 
Waiver.  We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future. We shall not be deemed to have waived any of our rights or remedies with regard to this Agreement hereunder, unless such waiver is in writing and signed by an authorized representative of U.S. Bank. No delay or omission on the part of U.S. Bank or its affiliates, or their respective successors and assigns, in exercising any rights or remedies shall operate as a waiver of such right or remedies or any other rights or remedies.
 
Assignment.  You may not assign this Agreement to any other party. We may assign this Agreement or delegate or transfer any or all of our rights and responsibilities under the Agreement to any third party or parties.
 
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