Disclosures

Provisions Covering All Accounts

The Equitable Bank, S.S.B. reserves the right to cancel any account or related service.

View our Electronic Funds Transfer Disclosure

Please refer to our fee schedule for fees and charges that may apply to The Equitable Bank accounts and products.

Checking Accounts

Information Applying To All Checking Accounts

  • There is no monthly service fee for accounts under our “Check Keeper” program. Up to three (3) photocopies per month are available without charge.
  • There is a monthly fee for accounts enrolled in the “Check Image” program. A reduced image of the front and back of all checks written will be returned with the monthly statement.
  • An ATM card or a Debit card is available.
  • Deposits may not be available for immediate withdrawal. Please refer to our funds availability brochure for further information on how we process check deposits.
  • Check deposits will not start earning interest until the second business day after deposit.
  • We are not obligated, but may at our discretion, pay a check other than a certified check presented for payment more than six months after its date. If the customer does not want us to pay a stale-dated check, they must place a stop-payment order on the check.
  • Our customer agrees not to date a check later than the day they write the check, drawn on their checking account (post-dated). If the customer post-dates a check and the check is presented for payment prior to the date written on the check, we may either pay the check against their account or refuse to pay it. If we pay a post-dated check that the customer has written, they agree that we will not be liable for any alleged losses they may incur, such as the loss of interest or losses resulting from overdrafts and overdraft charges.
  • Fees may be assessed for overdrafts, stop payment requests, statement copies, check copies, transfers of funds to cover an overdraft, an account closed within the first 90 days after opening, or accounts that remain negative for 5 or more days.

E-Checking

  • To open an E-Checking Account, an initial opening deposit of $100 is required.
  • This account has a variable interest rate. The Annual Percentage Yield may change.
  • A variable E-Rewards interest rate will be paid on balances up to $10,000 providing requirements have been met per statement cycle.
  • Interest is compounded and credited monthly based on the actual daily balance.
  • The following requirements must be met in order to earn the E-Rewards rate.
    • A minimum of 1 direct deposit posted each statement cycle
    • Establish and maintain E-Banking
    • Establish and maintain E-Statements
    • Any combination of 10 POS-signature based debit card transactions or auto-withdrawals posted per statement cycle

TEB U Checking

  • To open a TEB U Checking Account, an initial opening deposit of $100 is required.
  • No interest is paid on this account.
  • This account is for students ages 16-24. Customers age under 18 years old must have a parent or guardian as co-owner on the account.

Homeowners Checking Account

  • To open a Homeowners Checking Account, an initial deposit of $100 is required and a signer on the account must own a home.
  • This account has a variable interest rate. The Annual Percentage Yield may change.
  • Interest is compounded and credited monthly based on the actual daily balance.

Relationship Checking

  • To open a Relationship Checking Account, an initial deposit of $100 is required.
  • This account has a variable interest rate. The Annual Percentage Yield may change.
  • Interest is compounded and credited monthly based on the actual daily balance.
  • One of the following services must be established, maintained, and linked to this account, otherwise a monthly fee will be assessed:
    • Home Equity Line of Credit of $10,000 or more
    • Certificate of Deposit with a balance of $10,000 or more
  • One of the following services must also be established, maintained, and linked to this account, otherwise a monthly fee will be assessed:
    • Direct Deposit of Social Security, payroll or pension checks
    • Automatic payment program for a loan at Equitable

Senior Preferred

  • To open a Senior Preferred Account, an initial deposit of $100 is required and a signer on the account must be at least 50 years old.
  • This account has a variable interest rate. The Annual Percentage Yield may change.
  • Interest is compounded and credited monthly based on the actual daily balance.

Money Market Accounts

Equitable Money Market Account

  • To open an Equitable Money Market Account, an initial deposit of $2,500 is required. The account is subject to a $2,500 minimum daily balance. Should the account fall below the minimum balance, a fee will be assessed.
  • Unlimited in person withdrawals are permitted.
  • Balances up to $24,999 earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Balances of $25,000 and greater earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Interest is compounded and credited monthly based on the actual daily balance.
  • An ATM card or a Debit card is available with this account.
  • Fees may be assessed for: overdrafts, stop payment requests and more than six (6) preauthorized transfers in any statement period.
  • As many as six (6) preauthorized transfers per statement month are available. This includes any combination of ACH debits, ODP debits, telephone transfer withdrawals, online banking transfer withdrawals, POS debits or checks written against the account.

Relationship Money Market Account

  • To open a Relationship Money Market Account, an initial deposit of $1,000 is required.
  • There is no monthly maintenance fee.
  • Unlimited in person withdrawals are permitted.
  • Balances up to $9,999 earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Balances up to $24,999 earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Balances up to $99,999 earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Balances of $100,000 and greater earn a variable interest rate set by the bank. The Annual Percentage Yield may change.
  • Interest is compounded and credited monthly based on the actual daily balance.
  • An ATM card or a Debit card is available with this account.
  • Fees may be assessed for: overdrafts, stop payment requests and more than six (6) preauthorized transfers in any statement period.
  • As many as six (6) preauthorized transfers per statement month are available. This includes any combination of ACH debits, ODP debits, telephone transfer withdrawals, online banking transfer withdrawals, POS debits or checks written against the account.

Savings Accounts

Information Applying To All Savings Accounts

  • Federal regulations require us to reserve the right to require seven (7) days notice of withdrawal.
  • Deposits may not be available for immediate withdrawal. Please refer to our Funds Availability brochure for further information on how we process check deposits.
  • Savings deposits will not start earning interest until the funds are available for withdrawal.
  • Changes in interest rates are at the discretion of The Equitable Bank, S.S.B.
  • Fees will be assessed for accounts closed in the first 90 days after opening.

Savings

  • To open a Savings, an initial minimum balance of $100 is required. This account is subject to a $100 minimum daily balance. Should the account fall below the minimum, a fee will be assessed.
  • This account has a variable interest rate. The Annual Percentage Yield may change.
  • Interest is compounded and credited quarterly based on the actual daily balance.
  • An ATM card is available.
  • As many as six (6) preauthorized transfers per statement month are available. This includes any combination of ACH debits, ODP debits, telephone transfer withdrawals, or online banking transfer withdrawals. A fee may be assessed for more than six (6) preauthorized transfers per statement month.

Certificate of Deposit Accounts:

Information Applying to All Certificate Accounts

  • Any withdrawal which reduces the account balance below the Minimum Balance Requirements shall be considered a withdrawal of the entire account balance, and shall be subject to the penalties previously described.
  • The penalties previously described will not be imposed for withdrawal of principal following the death or adjudication of incompetence of any account holder. The penalties previously described may not be imposed for withdrawal of principal to pay for nursing home expenses with evidence account holder is residing in a nursing home. Subject to minimum Federal Reserve requirements.
  • Earnings credited to the account during any term may be withdrawn at any time during such term without penalty.
  • If the account is renewed at the same earnings rate, earnings during the preceding term as well as the current term may be withdrawn at any time without penalty during the Renewal Term.
  • If the renewal term is different, earnings in the account at the end of the renewal term shall be deemed merged with the principal and only earnings for the Renewal Term may be withdrawn at any time without penalty during such term.
  • In the event that the entire account or any portion thereof is withdrawn not more than seven days after a maturity date, earnings shall be paid at the rate of earnings set forth to the date of withdrawal without reduction for any penalty.
  • Deposits after account opening are not permitted.
  • Check deposits will not start earning interest until the second business day after deposit.
  • To open a 28-day, 91-day or six-month certificate, an initial minimum balance of $2,500 is required. To open a 1-10 year certificate, an initial minimum balance of $500 is required.

Earnings

A fixed rate certificate account will receive earnings based on the rate of interest established on the opening day for the initial term of the certificate. Interest is credited quarterly on fiscal quarters for the 91 day and six-month certificates, and on calendar quarters for one to ten year certificates. In addition, one to ten year certificates credit any accrued interest accumulated from the last quarter to the date of maturity.
All certificate accounts earn daily compounded interest, unless otherwise stated. The annual percentage yield assumes interest remains on deposit until maturity. A withdrawal will reduce earnings.

Renewal Terms

Certificate accounts are automatically renewed at the close of business on the initial maturity date or on the maturity date of any renewal term unless: (1) It is withdrawn within the seven (7) days grace period or (2) The bank elects not to renew the certificate upon maturity, in which case the account will be converted to a savings account and receive earnings at the rate then paid on a savings account.
The term of any renewal period is stipulated in the certificate. The rate of earnings for any renewal term shall be at the rate the bank is paying at that time on new accounts of this class.

Select-A-Term

You may “Select-A-Term” with a maturity that meets your needs. Terms from 28 days to ten years are available. For certificates with non-standard terms, the rate of interest would be the published rate for the closest shorter term. All Certificate Programs are available for Individual Retirement Accounts.

Certificate of Deposit Penalties

28 Day Certificate of Deposit
No withdrawals permitted for the term of this account.

91 Day Certificate of Deposit
No withdrawals will be permitted on this account for the first 45 days. In the event of any withdrawals following the first 45 days, but prior to maturity, the Account holder shall forfeit an amount equal to all earnings paid, credited, and accrued on the amount of the withdrawal.

6 Month Certificate of Deposit
In the event of any withdrawal of principal from this account prior to a maturity date, the Account holder shall forfeit an amount equal to or whichever is greater of (1) all earnings paid, credited, or accrued on the amount withdrawn, or (2) three months of interest, whether earned or not, on the amount withdrawn at the simple interest rate being paid on the account, regardless of the length of time the funds withdrawn have remained in the account.

1-3 Year Certificate of Deposit
In the event of any withdrawal of principal from this account prior to a maturity date, the Account holder shall forfeit an amount equal to six months of interest, whether earned or not, on the amount withdrawn at the simple interest rate being paid on the account, regardless of the length of time the funds withdrawn have remained in the account.

4-10 Year Certificate of Deposit
In the event of any withdrawal of principal from this account prior to a maturity date, the Account holder shall forfeit an amount equal to 12 months of interest whether earned or not, on the amount withdrawn at the simple interest rate being paid on the account, regardless of the length of time the funds withdrawn have remained in the account.

ATM Cards and Debit Cards

  • The Equitable Bank ATM Card can be used to withdraw cash from selected Equitable accounts via an ATM (Automated Teller Machine).
  • A Debit Card can be used to get cash from ATMs as well as make purchases at retail merchants.
  • ATM Cards are available with selected accounts. The fees and service charges assessed vary based on the type of account the ATM Card is linked to.
  • Debit cards are available with all checking and money market accounts. The fees and service charges assessed vary based on the type of account the debit card is linked to.
  • If a card is linked to both the checking account and a statement savings account at The Equitable Bank, the service charges assessed will be based on the checking account.
  • When you use an ATM not owned by us, you may be charged a fee by the ATM operator or the network used.
  • You may be charged a fee for a balance inquiry by the network used even if you do not complete a funds transfer.
  • There is no annual fee for The Equitable Bank ATM or Debit Cards.
  • Transactions done at terminals owned by The Equitable Bank will be free. Withdrawals in excess of ten (10) at non-Equitable ATMs may be assessed a fee.
  • The Equitable Bank reserves the right to cancel any ATM or Debit Card at any time without notice.
  • All accounts with ATM or Debit Cards are subject to Regulation E.
  • A fee will be assessed to replace stolen or lost ATM or Debit Cards.
  • A fee will be assessed for reissue of a Personal Identification Number (PIN) for your ATM or Debit Card.
  • A fee will be assessed for any empty envelope deposited into an ATM.
  • A fee will be assessed for a check returned back to us.

Privacy Policy

Web Site Privacy Policy Statement

The Equitable Bank uses the automatic data collection information described below for internal system administrative purposes to measure the volume of requests for specific web pages, and to continually improve our website to be responsive to the needs of users. The only exception is if you knowingly and voluntarily provide personally identifying information, such as if you include your name and address when you contact the webmaster. Please refer to our General Privacy Policy Statement for our procedures and policies regarding the collection and sharing of non-public personal information.

Information collected about you when you visit our website (We do not use “Cookies”):

  • The unique Internet Protocol (IP) address of each visitor for the purpose of counting each unique visitor. These IP addresses are not the property of the visitor, but are assigned by that Visitors Internet Service Provider (ISP) to their computer when they log-on to the Internet. We will also know which provider or domain name that the visitor originated from.
  • The “Search Engines,” key words and links a visitor used to access our site.
  • The sequence of pages that a visitor used to navigate through our site.
  • The type of browser (Internet Explorer, Navigator, etc.) used by a visitor to our site.
  • The type of “Plug-Ins” being used.
  • The color depth and screen width of the monitor.

General Privacy Policy Statement

For more information about what The Equitable Bank does with personal information, please read our Privacy Policy.

 Privacy Policy

Terms and Conditions for E-Banking, Mobile Banking and Mobile Deposit

To use E-Banking registration and to access the Service, you must accept this E-Banking Agreement (the “Agreement”) between The Equitable Bank (the “Bank,” “we,” “us” or “our”) and each customer enrolled in the E-Banking service (“you,” “your” or “yours”). This Agreement contains the terms and conditions that apply to your use of the Service. The terms and conditions contained in this Agreement are in addition to any and all terms, conditions, rules and regulations that apply to any accounts, including the Account(s), or services you obtain from the Bank. Your registration for use of the Service constitutes your acknowledgment and agreement with the terms and conditions of this Agreement.
The Bank reserves the right to change the terms and conditions of this Agreement at any time. When material changes are made, we will update this Agreement and send you a notice at the address shown on our records, or we may notify you by email. Revised terms and conditions shall become effective at the earliest date allowed by applicable law or regulation. It is your responsibility to review the Agreement from time to time to be aware of any modifications. Your continued use of the Service will indicate your agreement to any such modification.

This Agreement provides consumer protections for our customers who use the Service for personal, family or household purposes. For business Accounts, such protections do not apply.
To complete your E-Banking registration, read this Agreement and click the “Accept” button at the end of this Agreement. Please note that you must click the "Accept" button in order to process your application.
Please be advised that by clicking on the "Accept" button, you are consenting to receive the Electronic Disclosures discussed herein electronically.

I. Definitions

Account(s) – are your deposit and other accounts, including checking, savings, money market accounts, CDs and IRAs, with us that may be accessed via E-Banking.
Account Agreement(s) – are your agreements with us governing your Accounts.
Bill Payment Account(s) – is the Account(s) you have designated for us to debit with respect to Payees in connection with Bill Payment.
Bill Payment – is the service function that allows you to pay or transfer funds to designated Payees based upon your instructions to us via a personal computer or your Mobile Device.
E-Banking – is the Internet based service that provides access to your Accounts with us.
Electronic Disclosures – are those disclosures discussed in the section of this Agreement entitled “Online and Mobile Banking Services Electronic Disclosure and Consent.”
Mobile Account – is an Account that you have enabled to be accessed from your Mobile Device.
Mobile Banking - permits you to obtain information about your Mobile Accounts, make transfers and Mobile Deposits and view alerts with your Mobile Device.
Mobile Device – is a cell phone or other handheld device that can send and receive information using the Mobile Banking. Information concerning the requirements for Mobile Devices can be found on our website, which may be updated from time.
Mobile Deposit – is a deposit to your Mobile Account via your Mobile Device.
Payee – is any individual, bank, educational institution, company, merchant or other business entity you wish to pay using Bill Payment.
Service - means collectively the E-Banking and Mobile Banking services provided under this Agreement.

II. Access to the Service

Eligibility and Security Code: In order to activate the Service, you must have at least one Account with us. You must enroll in E-Banking in order to use Mobile Banking. If you are logging into E-Banking for the first time, you will be able to select an E-Banking identification (“ID”) and password (collectively, a “Security Code”). Your ID may be up to eighteen (18) characters of any combination of letters, numbers or special characters. Passwords may contain a minimum of seven (7) and a maximum of sixteen (16) characters (alpha and numeric). Special characters such as punctuation marks (#, @, *, etc.) cannot be used in passwords. Passwords also cannot read the same backwards and forwards. Please note that your Security Code is case sensitive. For security purposes, we recommend you memorize your Security Code and do not write it down.
We may require you to change your Security Code from time to time. By entering into this Agreement and using E-Banking, you agree to protect the security of your Security Code and any other numbers, codes, marks, signs, tokens, or other means of identification of you as an E-Banking client. Any person having access to your Security Code will be able to access E-Banking and perform all transactions, including reviewing information and making transfers.
Your ID and password can remain in your browser's cache and anyone could gain access to your Account if you leave your browser unattended. For that reason, we recommend you always use the “Logout” button to exit E-Banking and close out your browser once you have completed your session, anytime you walk away or when you open another browser.
When activating E-Banking, you will be given the option to register your computer as a computer that you trust and use regularly. Do not register any computer with E-Banking that you do not control or that is accessible to the public.
Upon registration, you will also be required to provide answers to a series of challenge questions. The challenge questions may be used to verify your identity when you are logging in from a computer that has not been registered with E-Banking.

Security: E-Banking utilizes a comprehensive security strategy to protect your Accounts and transactions conducted over the Internet.

  • Encryption – The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using E-Banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement. Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked.”
  • Certificate Authority – The servers hosting E-Banking have been certified by a Certificate Authority to assure you that you are actually talking to the Bank instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired. You will need to update your browser. By clicking on the lock, you can view the certificate to ensure it is valid.
  • Cookies – When you use E-Banking, a persistent encrypted cookie will be passed to your computer in order to confirm your identity. This cookie enables us to process multiple transactions during the session without you having to provide your Security Code for each individual transaction; however, it will challenge you with security questions when you request certain transactions or reach certain limits. You should ensure that your browser will accept persistent cookies. Your security is enhanced by acceptance of the cookie, which is stored on your computer’s hard-drive.
  • Additional Security Guidelines – You should sign-off after every E-Banking session; however, online sessions will automatically end after 20 minutes of inactivity. This is to protect you in case you accidentally leave your computer unattended after you log-in. When you return to your computer, you will be prompted to re-enter your Security Code and your session will continue where you left off.
    • The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore, we recommend that you refrain from accessing E-Banking on a public computer.
    • Routinely scan your computer, servers and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive data to another third party or transmit a virus to other computers.
    • Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
    • Keep your computer’s operating system and browser fully patched for critical security issues. We recommend your use of the most current, fully patched, versions of Internet browsers for accessing E-Banking.
    • If you use wireless Internet access, turn on the encryption.
    • You are only allowed four (4) login attempts before your access to E-Banking will be locked out. If you successfully log in to E-Banking, the counter for password attempts will be reset. If you are locked out of your account, please contact us by one of the methods listed in this Agreement to regain access to E-Banking. New passwords must have a minimum of four (4) characters that are different from the old password to be accepted.
    • Be cautious of emails you are not expecting and that ask for your personal information (e.g. ATM card number, ID). We will never ask for your personal information through email. If you are ever contacted by anyone asking for your Security Code, you should refuse and immediately contact us. You may be the target of attempted identity theft.

We are not responsible for any damage to your computer, modem, telephone, Mobile Device or other property resulting from the use of the Service, including damage from any electronic virus, worms, Trojan Horses or other similar harmful components that you may encounter. You are solely responsible for the proper installation, configuration, and maintenance of any intrusion detection system that you may use, and we will not be responsible if any non‐public personal information is accessed via the Service due to any virus residing or being contracted by your computer or your Mobile Device at any time or from any source.

Access: The Service is generally accessible twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods or periods during which it is otherwise not operable, such as Bank holidays. We may modify, suspend, or terminate access to the Service at any time and for any reason without notice or refund of fees you have paid. You may access only those Accounts through the Service for which you are an authorized signer.
In addition, your current and available Account balances are updated every time you enter E-Banking. Up-to-date transaction history will generally be available after 8:00 a.m. (Central time) on business days.

Equipment and Software Requirements:

  • E-Banking – To use E-Banking, you need a computer with a modem and a web browser. We generally support all current and major releases of Internet browsers; however, some browsers may not be supported. When browsing in a supported browser, the browser will display a locked padlock icon at the bottom. If unsecure, the padlock will appear unlocked. You should also have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader. You are responsible for the selection, set-up, and maintenance of all systems, hardware, software and Internet service provider and for any defect, malfunction or interruption in E-Banking.
  • Mobile Banking – In order to access Mobile Banking, you must have a Mobile Device. Depending on the Mobile Device and telecommunications carrier you use, you may be required to download and install an application or other software to your Mobile Device (a "Mobile Application") to access and use Mobile Banking. It is solely your responsibility to download and install any Mobile Application that is required to access Mobile Banking. We have no responsibility to notify you of any changes to or new releases of any required Mobile Application, and we have no liability for any claims or damages arising from or relating to your failure to download and install any required Mobile Application, either initially or in connection with any upgrade to Mobile Banking. You agree that any Mobile Application is licensed, not sold, solely for your use in accessing Mobile Banking. Any Mobile Application is licensed to you "AS IS" without any warranty. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY MOBILE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You release us, our service providers, affiliates and all other parties from all claims and damages that may arise from or relate to your use of any Mobile Application. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application.

III. E-Banking

Description of Services: You may use E-Banking to perform the following functions:

  • Access any Account under the same social security number you provided when you registered.
  • Check your current Account balances and see your transaction history.
  • Transfer money between your Accounts.
  • Access your consumer, home equity and mortgage loan balances and history and make consumer and mortgage loan payments from an Account.
  • Verify if a check, Chequitable Card, ATM card, Mobile Deposit or direct deposit transaction has cleared.
  • Make Bill Payments
  • Exchange data with personal financial management software, such as Microsoft Money®.
    Your ability to access and transfer to and from Accounts may be restricted by your relationship to the Account. As an example, beneficiaries will not have access to Account information. There may also be restrictions on the number of transfers you can make from certain Accounts.
    We may add or remove certain features and/or functionality to E-Banking from time-to-time. Some services available through E-Banking are optional and may require you to enter into separate agreements.

Internal Transfers:

  • Amounts – You may request the internal transfer of any available funds in your Account(s). If your Account(s) have a minimum balance requirement you will not be allowed to transfer any amounts that would cause your Account balance to drop below the minimum Account balance.
  • Processing Internal Transfers – Transactions performed after 8:00 p.m. (Central time) Monday through Friday, after 5:00 p.m. (Central time) on Saturdays or at any time on Sundays will be processed the following business day. If you initiate a transfer through E-Banking after our cut off times, you will receive a message stating that your transfer has been successfully completed; however, the transaction will not be able to be viewed in history until the following business day. If you schedule an internal transfer for a future date, we will process the transaction on that date. However, if the date you request for a future internal transfer is not a business day, we will process the transaction on the following business day.
    When you schedule an internal transfer using E-Banking, you authorize us to withdraw the necessary funds from your Account. For internal transfers requests that are made electronically, we deduct the amount of your internal transfer from your Account on the date we process your instruction.
    Please be aware that checks, ATM and Chequitable card activity will occur prior to transfers that are made during offline processing hours. Specifically, transfers will be processed at 1:00 a.m. (Central time) on business days. If the Account from which the transfer is being made does not contain sufficient funds to successfully complete the transfer, up to two additional attempts (one attempt on each of the subsequent business days) will be made to complete the transfer. No further attempts will be made.
  • Canceling Internal Transfers – You may cancel a pending internal transfer. However, to do so, we must receive your cancelation request prior to the cut-off time on the date the transfer is scheduled to be processed. If we do not receive your instruction to cancel a transfer before that time, we may process the transfer.
  • Multiple Funds Transfer Requests – If more than one transfer request from or between Accounts is made at or about the same time and the available funds in the applicable Account do not cover all of such transfer requests, we, at our option, may execute as many of such transfer requests as possible within the dollar limits of such available funds, in any order convenient to us.
  • Periodic Statements – We give each internal transfer made through E-Banking a confirmation number. This number appears on the periodic statements for both Accounts. You may review internal transfers by viewing your Account activity within E-Banking.

 

We recommend that you not request internal transfers from a savings/money market deposit account through E-Banking because federal regulations require us to limit, either by contract or in practice, the number of certain types of transfers from these accounts. Under these regulations, you are limited to a total of six (6) preauthorized or telephone transfers per month from savings and money market deposit accounts, including E-Banking, checks and point-of-sale transactions. Each fund transfer through E-Banking from your savings or money market deposit account is counted as one of the six (6) limited transfers you are permitted each month.

Bill Payment: If you select the Bill Payment function, you can pay bills either on an automatic, recurring basis or periodically as you request. You need to provide us with the name and address of the Payee (i.e., the person you want to pay), your account number with that Payee and any other information we require to properly debit your Bill Payment Account and credit your account with the Payee. We may refuse to allow you to designate a particular Payee or class of Payees.

How Bill Payments Are Made: We process your Bill Payment requests through E-Banking in one of the following ways:

  • We may send Bill Payments through an electronic transmission to the Payee. Payees who receive electronic delivery will receive your Bill Payment information, including your account number, through a computer link. Bill Payments made electronically are generally received and credited by most Payees within two (2) business days;
  • We may send Bill Payments by a check drawn on your Bill Payment Account and mailed to the Payee. We send all checks through the U.S. mail. Please allow seven (7) business days for Bill Payments issued as checks.
  • From time to time, we may receive instructions from a Payee that direct us, in order to ensure the timely processing of your Bill Payment, to send your Bill Payment to an address other than the one that you provided us, or that direct us to make your Bill Payment electronically rather than by check, to an account owned by the Payee at another bank. When we receive such Bill Payment instructions from the Payee, we may, in our sole discretion, follow those instructions with no further authorization from you.

 

Since Bill Payments may be processed in different ways, it is important for you to schedule your Bill Payments within the time frame specified below in order to ensure timely processing of your Bill Payment.

  • Amounts – You may use the Bill Payment service with any Account that is a checking account. You may make Bill Payments in any amount between $.01 and $9,999,999.00.
  • Processing Bill Payments – Bill Payment requests, recurring or one time, received after 8:00 p.m. (Central time) Monday through Friday, after 5:00 p.m. (Central time) on Saturdays or at any time on Sundays will be processed the following business day. Recurring Bill Payments that fall on a day that is not a business day will be processed on the business day immediately preceding the scheduled Bill Payment date.
    When you schedule a Bill Payment using E-Banking, you authorize us to withdraw the necessary funds from your Bill Payment Account. For Bill Payment requests that are made electronically, we deduct the amount of your Bill Payment from your Bill Payment Account on the date we process your instruction. If a Bill Payment request is processed as a check drawn on your Bill Payment Account, we deduct the amount of your payment when the item clears your Bill Payment Account. To help ensure that your Bill Payments arrive on time, you must schedule your electronic Bill Payments to be processed at least (2) business days before the payment due date and check payments at least seven (7) business days before. This generally allows sufficient time for the Payee to receive and post your Bill Payment. If you do not have sufficient funds in your Bill Payment Account when a Bill Payment request is made, we may in our discretion, refuse to process such Bill Payment or process such Bill Payment subject to the overdraft and non-sufficient fund provisions governing your Bill Payment Account. You are responsible for any non-sufficient funds and overdraft charges that apply if a Bill Payment is processed when there are insufficient funds in your Bill Payment Account.
  • Adding Payees – When you add Payees to the Service, you must be sure to enter your account number and address as they appear on your payment stub or invoice.
    Occasionally a Payee may choose not to participate in the Bill Payment services, or may require additional information before accepting payments. We work with these Payees to encourage them to accept an electronic or check payment from us. If we are unsuccessful, or if we believe that the Payee cannot process payments in a timely manner, we may decline to make future payments to this Payee. In the unlikely event that this occurs, we will send you a notice. We may refuse to make payments to certain Payees (such as government agencies and Payees outside the United States
  • Canceling Bill Payments – You may cancel a pending Bill Payment transaction. However, to do so, we must receive your instruction to cancel prior to the cut-off time on the date the transaction is scheduled to be processed. If we don’t receive your instruction to cancel a transaction before that time, we may process the transaction.
  • No Signature Required – When using the Bill Payment service, you agree that we, without prior notice to you, may debit your Bill Payment Account(s) to pay checks that you have not signed by hand or by a legally acceptable form of electronic signature (e.g., digital signature).

 

Links to External Websites: For the convenience of our customers, E-Banking may contain links to other web sites not owned or managed by the Bank. We are not responsible for the content in such websites, and such websites are not investigated, monitored, or checked for accuracy by us.

Access to Home Equity Line of Credit: Access to your Home Equity Line of Credit through E-Banking is equivalent to accessing your Home Equity Line of Credit by check; however, there can be no stop payment orders issued and the minimum orders issued and the minimum dollar amount for each loan remains applicable.
Additional Business Services: Business Accounts may have different services available to them like the ability to originate ACH transfers. These services are provided under separate agreements. Please contact the Bank for more information about the different services available for business Accounts.

IV. Mobile Banking

Registration for Mobile Banking: In order to access Mobile Banking, you must register for Mobile Banking while logged on to E-Banking or through your Mobile Device. As part of the registration process, you may be required to provide information about your Mobile Device, as well as the telephone number for your Mobile Device and the telecommunications carrier that provides service to your Mobile Device. It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device and to notify us immediately if any of this information changes or if service to your Mobile Device is terminated. It is also your responsibility to update such information as necessary to ensure that the information you have provided to us is current and accurate, including the telephone number and telecommunications carrier for your Mobile Device, your name, address, other phone numbers, and email address. We reserve the right to refuse or cancel your registration for Mobile Banking if we cannot verify information about your Mobile Device.

Once you have registered, your Mobile Device may be used to access Mobile Banking. You are responsible for maintaining the security of your Mobile Device. You acknowledge that your Mobile Device is subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to maintain anti-virus and anti-spyware programs on your Mobile Device. Except as otherwise provided in this Agreement, you are responsible for all transactions made using your Mobile Device. Mobile Banking will display sensitive information about your Mobile Accounts, including balances and transfer amounts. Anyone with access to your Mobile Device may be able to view this information.

By participating in Mobile Banking, you agree that Mobile Banking may require the use of your Mobile Device's data and text messaging capabilities. You agree that we are not responsible for any charges you may incur while using Mobile Banking. Message and data rates may apply. For help, text “HELP” to 48179. To cancel, text “STOP” to 48179 at any time. In case of questions, please contact customer service at (414) 475-1690 or visit www.TheEquitableBank.com.

Limitations on Mobile Banking: The balance of a Mobile Account may be subject to change at any time, and the information provided to you through Mobile Banking may become quickly outdated. Because Mobile Banking is accessible only through your Mobile Device, your access to Mobile Banking may be limited by the service provided by your telecommunications carrier. Neither we nor any of our service providers and affiliates guarantee: (i) either the delivery or the accuracy of any information requested or provided through Mobile Banking; or (ii) that you will have continuous or uninterrupted access to Mobile Banking. We are not responsible for any delay, failure or error in the transmission or content of information provided through Mobile Banking. Neither we nor any of our service providers and affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through Mobile Banking, from any inaccurate information provided through Mobile Banking, from your use of or reliance on any information provided through Mobile Banking, or from your inability to access Mobile Banking. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your Mobile Device service provider or any app store.

Additionally, not all of the products, services or functionality described on E-Banking or in this Agreement are available when you use a Mobile Device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a Mobile Device. We reserve the right to determine your eligibility for any product, service or functionality at any time.

Uses and Functions of Mobile Deposit:

  • Account Access – With the Mobile Banking service, you may use your Mobile Device to:
    • View balances and recent transactions for each Mobile Account;
    • Make immediate, one-time transfers of funds between your Mobile Accounts, subject to the terms governing transfers set forth in this Agreement
    • View alerts as long as you have enabled the option through E-Banking; and
    • Make Mobile Deposits, subject to the Terms and Conditions: The Equitable Bank, SSB Mobile Banking and Mobile Remote Deposit Capture.

Although the Mobile Banking Service allows you to make one-time transfers, you cannot schedule future or recurring transfers through your Mobile Device. A transfer, requested through your Mobile Device, cannot be stopped.

You may also access additional non-transfer services through Mobile Banking, such as a service to assist you in locating our nearest branch or ATM.

  • Text Messaging – The text messaging function enables you to access your Mobile Account(s) through a Mobile Device with text messaging capabilities. By registering a Mobile Device for this function, you agree to receive and send electronic text messages about your Mobile Accounts and/or request certain information on your Mobile Account(s). We will send text messages to you based upon the instructions you provide at the time of the text message request. You hereby acknowledge and accept that each message is sent to you without being encrypted and will include certain information about your Mobile Account requested by you. You may request and receive text messages concerning your Mobile Accounts on any text enabled Mobile Device. It is your responsibility to determine if your wireless carrier provider supports text messaging and your Mobile Device is capable of receiving text messages. Our text messages are subject to the terms and conditions of your agreement with your service provider even if your use of the text messaging service results in additional or changed fees.
    Once you activate your Mobile Device for this service, you are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:
    • Log on to E-Banking and cancel your text message service if your Mobile Device is lost or stolen and contact us immediately;
    • Log on to E-Banking and cancel or edit your text message service if there are changes to your wireless carrier provider or Mobile Device number (i.e., cell phone number); and
    • Erase your “Sent Messages” and “Inbox” that may contain your text message access number or other personal information.

 

You acknowledge, agree and understand that your receipt of any text messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). You agree not to hold us liable for any losses, damages or costs that may arise in whole or in part, from:

  • Non‐delivery, delayed delivery, or the misdirected delivery of any message;
  • Inaccurate or incomplete content in any message; and
  • Your reliance on or use of the information provided in any text message for any purpose.

 

We provide this service as a convenience to you. We do not use text messaging for any purpose not included in Mobile Banking and will not respond to text messages sent to us that do not comply with appropriate action codes. A text message does not constitute an official record for the Mobile Account to which it pertains. We reserve the right to terminate this service or begin charging a fee for this service at any time without prior notice to you, except where required by law.

Mobile Deposit: Once you enroll in Mobile Banking, if you have a Mobile Device equipped with an auto-focus camera, you may begin using Mobile Deposit as long as your Mobile Account is in good standing and you accept the terms and conditions governing Mobile Deposits set forth in the Terms and Conditions: The Equitable Bank, SSB Mobile Banking and Mobile Remote Deposit Capture. We reserve the right to change, suspend, or revoke services at any time without prior notice.

Provisions Applicable to Business Accounts Only: Unless you notify us immediately that your Mobile Device is subject to unauthorized use or that you suspect unauthorized transactions on a Mobile Account, we are entitled to rely on and deem the use of your Mobile Device to gain access to the Service as your authorization for every transaction involving your Mobile Accounts that are Business Accounts.

V. Fees

Please refer to the schedule of fees contained or referenced in your Account Agreement. You authorize us to automatically debit the primary Account designated by your for all fees due hereunder.
While we do not charge you any fee to register for or access the Service, you may incur charges to receive Internet, cellular or other data service on your Mobile Device or to connect to the Internet through your personal computer. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of Mobile Banking. We reserve the right to begin charging fees for the Service at any time and in our sole discretion.

VI. Provisions Applicable to Consumer Accounts Only

Responsibilities of the Consumer:

  • Authorized Use of Services by Other Persons – You are responsible for keeping your Security Code confidential. We are entitled to act on a transaction and other instructions received using your Security Code, and you agree that the use of your Security Code will authenticate your identity and verify the instructions you have provided to us for the transaction(s). If you authorize other persons to use your Security Code in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your Security Code. You are responsible for any transactions made by such persons until you notify us that transfers by that person or instructions regarding your consumer Account(s) are no longer authorized and we have a reasonable opportunity to act upon the change of your Security Code.
    We will never contact you via email or telephone requesting your Security Code. If you are ever contacted by anyone asking for your Security Code, you should refuse and immediately contact us. You may be the target of attempted identity theft.
  • Reporting Unauthorized Transactions – You should notify us immediately if you believe your Security Code has been lost or stolen or that someone has transferred or may transfer money from your consumer Account without your permission, if the phone number for your Mobile Device is changed or service is terminated, if you believe that your Mobile Device has been lost or destroyed or that your Mobile Device or any Mobile Accounts have been accessed or used without your authorization or if you suspect any fraudulent activity on your consumer Account. To notify us call (414) 476-6434 between the hours of 8:30 a.m. and 5:00 p.m. (Central Time), Monday through Friday (except Bank holidays) or write: The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226. You should also call the number, contact us electronically, or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
  • Consumer Liability for Unauthorized Transactions – Tell us AT ONCE if you believe your Security Code has been lost or stolen, or if you believe that a transfer has been made without your permission using information from your check or Mobile Device. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your consumer Account.
    If you tell us within two (2) business days after you learn of the loss or theft of your Security Code, you can lose no more than $50 if someone used your Security Code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Security Code, and we can prove that we could have stopped someone from using your Security Code without your permission if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed or otherwise delivered to you, you may not get back 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.
  • Resolving Errors or Problems – In case of errors or questions about your transfers, telephone us at (414) 476-6434 between the hours of 8:30 a.m. and 5:00 p.m. (Central Time), Monday through Friday (except Bank holidays) or write us at The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226. Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When providing us with notice of any error or problem, please include: (i) your consumer Account number (if any), (ii) a description of the error on the transfer and an explanation why you believe the transfer was an error; (ii) the dollar amount of the suspected error; and (iv) any additional information we may need. 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 (twenty (20) business days if the transfer involved a new consumer Account) 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 (ninety (90) days if the transfer involved a new consumer Account) to investigate your complaint or question. If we decide to do this, we will credit your consumer Account within ten (10) business days (twenty (20) business days if the transfer involved a new consumer Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your consumer Account. Your consumer Account is considered new for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before this consumer Account was opened. 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 debit any funds credited to your account. You may ask for copies of the documents that we used in our investigation.
  • Your Email Address – You are responsible for providing us with your current email address. You may update your email address at any time through E-Banking. It is important that you update your email address with us; otherwise, you will not receive an email notice of changes to your E-Banking.

 

The Bank’s Liability for Failure to Make Transfers: If we do not complete a transfer to or from your consumer Account on time or in the correct amount, or cancel a transfer that was properly requested, according to our agreement with you, we are liable for your losses or damages. There are some exceptions to our liability for processing transactions on your consumer Accounts. We will not be liable, for instance, if:

  • Through no fault of ours, you do not have enough money in your consumer Account to make the transfer;
  • The transfer would go over the credit limit on your overdraft line;
  • The funds in your consumer Account were attached or the transfer cannot be made because of legal restrictions affecting your consumer Account;
  • The systems, including E-Banking, Mobile Banking, your Mobile Device or your cellular or wireless service, were not working properly and you knew about the breakdown when you started the transfer;
  • Circumstances beyond our control, such as interruption of telephone or wireless service or telecommunication facilities, flaws in your Mobile Device, computer or a natural disaster, such as a fire or flood, prevent the transfer, despite reasonable precautions that we have taken;
  • You have not provided us with complete and correct payment information;
  • You have not properly followed the instructions for using the Service;
  • You have failed to download and/or install any required mobile application;
  • Your Mobile Device or computer fails or malfunctions; or
  • Your operating system or software was not properly installed or functioning properly.
  • There may be other exceptions stated in our Account Agreement with you.

 

Our sole responsibility for an error will be to correct the error, and in no case will we be liable for any indirect, special, incidental or consequential damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.

Things for Which We Will Not Be Responsible and Further Limitations on Our Liability: We will not be responsible for the following matters, or for errors or failures of the Service:

  • We will not be liable under this Agreement for failure to provide access or for interruptions in access to the Service due to a system failure or due to other unforeseen acts or circumstances.
  • We will not be responsible for any errors or failures from any malfunction of your computer, Mobile Device or any virus or other problems related to your computer equipment or Mobile Device used with the Service.
  • We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser, your Internet service provider, your personal financial management or other software (such as Microsoft Money®), your Mobile Device or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the Service.
  • We are not responsible for any transactions you initiate or authorize using Mobile Banking. If you allow any person to obtain or to use your Mobile Device, you will have authorized that person to access your Mobile Accounts and you are responsible for any transactions that person initiates or authorizes from your Mobile Accounts and any agreements that person accepts or acknowledges electronically through Mobile Banking.

 

WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not and cannot warrant that the Service will operate without errors, that any or all functions will be available and operational at all times, that the results that may be obtained from the Service will be accurate or reliable or that any errors in the Service will be corrected.

Confidentiality: We will disclose information to third parties about your consumer Account or the transfers you make:

  • Where it is necessary for completing transfers, or
  • In order to verify the existence and condition of your consumer Account for a third party, such as a credit bureau or merchant, or
  • In order to comply with government agency or court orders, or
  • If you give us your written permission.

 

For more information on our privacy policy, go to www.TheEquitableBank.com.

VII. Provisions Applicable to Business Accounts Only

Indemnification – Business Account holders and their authorized users agree to defend, indemnify and hold harmless the Bank and its service providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by the Bank through the Service, (ii) any breach of the provisions of this Agreement; (iii) any dispute between you and any third party in connection with the use of the Service; and (iv) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.

Errors and Questions – Your transactions will be reflected on your Account statements. You must regularly and promptly review and verify all such statements, reports, check payment records, confirmations, adjustments, charges, and other transactions. You must, within a reasonable time, which in no event shall be greater than fourteen (14) business days following the day we first mail or otherwise make such statement or information available to you, notify us of any error or discrepancy between your records and any notice or statement provided to you or any transaction or transfer you believe was not authorized. You will provide us with any information we may reasonably request in connection therewith. If you fail to notify us of such unauthorized transaction within the fourteen (14) business day review period, the failure to report any such errors or unauthorized transactions shall relieve us of any liability for the unreported erroneous or unauthorized transaction. In accordance with NACHA rules, you must report an unauthorized ACH debit entry to the Account by the established deadline on the business day following the settlement date of the unauthorized entry. Otherwise, your sole recourse is to the originator of the transaction.

In case of errors or questions, call (414) 476-6434 between the hours of 8:30 a.m. and 5:00 p.m. (Central Time), Monday through Friday (except Bank holidays) or write: The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226.

VIII. Termination

The Service remains in effect until terminated by you or us. You may cancel the Service by providing us with thirty (30) days’ prior notice in writing or by writing to us at The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226, or by calling us at (414) 476-6434 between the hours of 8:30 a.m. and 5:00 p.m. (Central Time), Monday through Friday (except Bank holidays). This cancellation applies only to the Service and does not terminate your other relationships with us.
We may terminate your participation in the Service for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so. Your access to the Service will be automatically terminated after ninety (90) days of inactivity. Should you choose to re-enroll after being terminated, you should use the “First Time Log In” button.
REMINDER: Your termination of the Service will automatically terminate any pending transfers.

IX. Other Provisions

Electronic Notice: With your consent, we may send notices to you by email. You may use email to contact us about inquiries, maintenance, and/or some problem resolution issues. However, please note that email is not a secure form of communication and should not be used to communicate sensitive information to us. We may not immediately receive any email sent by you. We will need a reasonable opportunity to take action or respond to email requests. You CANNOT use email to transfer funds, report unauthorized transactions or report unauthorized use of your Security Code. You MUST notify us at the phone number or address listed in the Agreement in the event of an unauthorized transaction or use.
Consequently, we recommend you do not send confidential, personal, financial or time-sensitive information by email. There may be times when you need to speak with someone immediately, especially to report a lost or stolen Security Code. In these cases, do not use email. Instead, you must call us at (414) 476-6434 between the hours of 8:30 a.m. and 5:00 p.m. (Central Time), Monday through Friday (except Bank holidays).
Ownership: The Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s), and the content, information and offers on our website are copyrighted by the Bank and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited. You may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to our business interest, or (iii) to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
Geographic Restrictions: The Service described in this Agreement and any application for consumer credit, deposit services and brokerage services available at our website are solely offered to citizens and residents of the United States of America residing in the United States of America. U.S. citizens and residents may not be able to access the Service outside the United States of America.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflicts of law provisions.
Scope of Agreement; Enforceability: This Agreement represents our complete agreement with you relating to our provision of the Service. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this Agreement.
We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Dispute Resolution: Any dispute between us with respect to any issue arising out of, or relating to this Agreement in any manner, excluding any claim for any amounts due to us hereunder, will be determined by arbitration. Arbitration will be conducted before an arbitrator chosen as follows: either we will together agree on a mutually acceptable arbitrator, or we will each select one arbitrator and these two arbitrators will choose a third arbitrator who will act as arbitrator hereunder. The arbitrator’s decision will be rendered within thirty (30) days of the closing of the hearing record. The arbitration proceedings conducted hereunder will be conducted in the city where our main office is located, and each party will bear its own costs. The arbitration will be conducted in accordance with the rules of the American Arbitration Association or JAMS, at the discretion of the party submitting the claim. The exclusive venue for any and all proceedings commenced with respect to arbitration of any issue arising out of or relating to the Agreement, including without limitation the breach thereof, will be the Circuit Court for the county where our main office is located. No award of punitive damages by the arbitrator(s) may be enforced.

ONLINE AND MOBILE BANKING SERVICES ELECTRONIC DISCLOSURE AND CONSENT
By clicking the “Accept” button, you agree that we may provide you with all disclosures, notices, and other communications about the Service, including this Agreement and any future amendments, in electronic form. We may notify you of any future notices by sending an alert to the email address you provide as part of your enrollment in the Service and by posting them on E-Banking. You may download or print the notice from your computer if you have the hardware and software described below.
You may update the email address to be used for sending alerts by going to your profile on E-Banking and making the change.
You have the right to obtain a paper copy of any notice. You may request paper copies by writing to us at The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226.
You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in E-Banking. To withdraw your consent, contact us by writing to us at The Equitable Bank, Electronic Banking Department, 2290 N. Mayfair Road, Wauwatosa, Wisconsin 53226.

YOUR SYSTEM REQUIREMENTS
In order for you to access and retain records in connection with the Service, your system must meet the requirements described in Section III of this Agreement. In addition, to print or download disclosures you must have a printer connection to your computer or sufficient hard-drive space available to save the disclosure.

The Equitable Bank, SSB (The Equitable Bank) Mobile Banking and Mobile Remote Deposit Capture Terms and Conditions
Message & Data rates may apply. For help, text "HELP" to 48179. To cancel, text "STOP" to 48179 at any time. In case of questions please contact customer service at (414) 475-1690 or visit www.TheEquitableBank.com.

Terms and Conditions: This Mobile Banking and Mobile Remote Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of The Equitable Bank Mobile Banking Mobile Remote Deposit Capture and/or other remote deposit capture services (“Mobile Deposit” or “Services”) that The Equitable Bank or its affiliates (“Bank,” “us,” or “we”) may provide to you, our customer (“you” or “User”). Other agreements you have entered into with The Equitable Bank, including, but not limited to your; Deposit Account Terms and Conditions, Depository Declaration, The Equitable Bank e-Banking Agreement and/or other rules, terms, and conditions received by you, as applicable to your The Equitable Bank account(s), are incorporated herein by reference and made a part of this agreement unless otherwise expressly stated. This Agreement replaces all prior Terms and Conditions for Mobile Banking. By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
We suggest you read this document carefully and print a copy for your records. You may refer back to it at any time by accessing the Terms & Conditions tab within the online service.
By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of The Equitable Bank or any service provider.

Mobile Banking and SMS Notifications:
Program: The Equitable Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions). Over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
Questions: You can contact us at (414) 475-1690, or send a text message with the word “HELP” to this number: 48179. We can answer any questions you have about the program.
To stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 48179. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Mobile Remote Deposit Capture:
Program: Mobile Deposit is designed to allow you to make deposits to your personal checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the images and associated deposit information to The Equitable Bank or our designated processor. Message and data rates may apply.
Eligible Items: You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). When the image of the check transmitted to The Equitable Bank or our designated processor is converted to an Image Replacement Document, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code as adopted in Wisconsin. You agree that you will not scan and deposit any of the following types of checks or other items, which shall be considered ineligible items:

  • Checks or items payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
  • Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
  • Checks or items containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
  • Checks or items payable jointly, unless deposited into an account in the name of all payees.
  • Checks or items previously converted to a substitute check, as defined in Reg. CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items that are remotely created checks, as defined in Reg. CC.
  • Checks or items not payable in United States currency.
  • Checks or items dated more than 6 months prior to the date of deposit.
  • Checks or items prohibited by The Equitable Bank’s current procedures relating to the Services or which are otherwise not acceptable.
  • Checks or items payable on sight or payable through Drafts, as defined in Reg. CC.
  • Checks or items with any endorsement on the back other than that specified in this agreement.
  • Checks or items that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.

Image Quality: The image of an Item transmitted to us using the Services must be legible, as determined in the sole discretion of The Equitable Bank. The image must contain images of the front and back of the Item. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Item image: the amount of the Item (both written and numeric); the payee; the signature of the drawer (maker); the date; the Item number; the information identifying the drawer and the paying financial institution that is preprinted on the Item, including the MICR line; and all other information placed on the Item prior to the time that an image of the Item if captured (such as any required identification written on the front of the Item and any endorsements applied to the back of the Item). You agree that the electronic image of the Item will become the legal representation of the Item for all purposes (except for Availability of Funds as noted below), including return items processing.
Endorsements and Procedures: You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only, Equitable Bank account # _____ ” or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. For an Item payable to you and any joint owner(s) of your Bank account, the Item must be endorsed by all such payees and you may only use the Service(s) to deposit such Item into a Bank account jointly owned by all such payees. If the Item is payable to you or your joint owner, either of you can endorse it. If the Item is made payable to you and any non-joint owner, you may not deposit the Item into your account using the Service(s).
Receipt of Items: We reserve the right to reject any Item transmitted through the Service(s), at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We reserve the right to charge back to your account at any time any item that we subsequently determine was not an eligible item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us relating to such deposits. The Equitable Bank is not liable for any service or late charges that may be imposed upon you due to the rejection of any Item that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an Item being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Item transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject an Item for remote deposit, you must physically present the original Item at our office.
Availability of Funds: Federal Reserve Board Regulation CC, which governs the availability of funds, does not apply when you transmit the electronic images of Items to us. For deposits received and accepted before 5:00 p.m. CST on a business day that we are open, we will consider that day to be the day of your deposit. Funds from your deposit generally will be available to you as a provisional credit on your designated account on the second business day after the day we receive your deposit. The provisional credit is subject to the final payment of the Item(s) and is also subject to your Bank Account Agreement. If an image of an item you transmit through the Service is received after 5:00 p.m. CST on a business day, or on a non-business day, we will consider that the deposit was made on the next business day we are open and the funds will generally be available to you as a provisional credit on your designated account on the second business day following the day considered the day of deposit (e.g. a deposit made after 5:00 p.m. on Thursday will be considered to be deposited on Friday and available as a provisional credit on Tuesday).However, we may apply additional delays on the availability of funds based on any other factors as determined by us in our sole discretion. For determining the availability of your deposit, every day is a business day except Saturdays, Sundays, and federal holidays.
Unpaid Items: In the event of an unpaid Item, should you fail to produce the original Item, you authorize us to deduct that amount from your account. You are solely responsible for verifying that Items that you deposit by using the Service have been received and accepted for deposit by us. We will attempt to provide you with notice of any deposits that we are unable to process because Items were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that we credit your account for an item that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Item plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Item was timely returned or whether there is any other claim or defense that the Item was improperly returned. You understand and agree that because the original Item is your property, it will not be returned and the Bank may charge back an image of the Item, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Item or a substitute Item. You may not use the Service to deposit a substitute Item, and you may not deposit the original Item through the Service or in any other manner if you receive a dishonored Item. You agree to comply with any additional instructions we may provide to you in connection with returned Items.

Storage, Security and Destruction/Disposal of Transmitted Items: You agree that after the Item has been scanned and submitted for deposit, you shall not otherwise transfer or negotiate the original item, substitute Item or any other image thereof. You further agree that you shall be solely responsible for the original item, including storage, retrieval, and destruction.
Presenting Items More than Once: Once you have used the Service to deposit an Item, you agree not to present or allow anyone else to present, that original Item or a substitute Item of that original Item again for deposit through the Service or by any other means. If you or anyone else present an Item or substitute Item for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Item or substitute Item. You agree that we may debit from your Bank account the aggregate amount of any Items that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your accounts with the Bank in our sole discretion.
Deposit Limits: We reserve the right to establish and assign you deposit limits for the Service (including daily deposit amounts and limits on the dollar amount and/or number of Items that you may transmit through the Service each day or rolling 30 day period) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.
Presentment: The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
User Warranties and Indemnification: You warrant to The Equitable Bank that:

  • You will only transmit eligible items that originated as paper items;
  • Images will meet the image quality standards 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;
  • The Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or the Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC;
  • The information you transmit to us corresponding to an Item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the item;
  • You will not transmit duplicate items and you will employ reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure no unauthorized access or duplicate presentment;
  • You will not deposit or represent the original item unless otherwise required by this Agreement;
  • You will not redeposit through this Service any Item previously deposited and returned to you unless we advise you otherwise;
  • All information you provide to The Equitable Bank is accurate and true;
  • You will comply with this Agreement and all applicable rules, laws, and regulations; and
  • You agree to indemnify and hold harmless The Equitable Bank from any loss for breach of this warranty provision

General Provisions:

Acceptance of these Terms: Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, we reserve the right, in our sole discretion, to change or modify the Services, including through the addition or deletion of any part of the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services. In the event of conflicting requirements, this Agreement shall control.
Limitations of Service: When using the Services, you may experience technical or other difficulties. In the event you are unable to capture, balance, process, produce, or transmit a file to us, or otherwise comply with the terms or the Procedures for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will promptly transport the originals of all Items to an The Equitable Bank office. The deposit of original Items at an office of The Equitable Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services may have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
Hardware and Software: In order to use the Services, you must obtain, maintain, and safeguard, at your expense, a wireless plan from a compatible mobile wireless provider, and hardware and software that is compatible with the Services or as specified by us from time to time. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Equitable Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as-is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail, or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Duty to Report Errors: You agree to promptly notify The Equitable Bank of any suspected errors regarding account information received or items deposited through the Services immediately upon discovery or suspicion of an error, and in no event later than 30 days after the applicable account statement is sent. Subject to applicable law, your failure to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
Errors in Transmission: By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Equitable Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Ownership and License: You agree that The Equitable Bank and/or our affiliates retain all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to The Equitable Bank’s business interest, or (iii) to The Equitable Bank’s actual or potential economic disadvantage in any respect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
Cooperation with Investigations: You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by proving, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
Termination: We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us.
Enforceability: We may waive enforcement of any provision of this Agreement. No waiver of a breach of this agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable.
Your Authentication Method: You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authorization method that we require (collectively, your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement(s) and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability and agree not to make any claim or bring any action against us, related to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you.
DISCLAIMER: YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEPT RECKLESS OR INTENTIONAL CONDUCT OF THE BANK), EVEN IF THE EQUITABLE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Other terms: You may not assign this Agreement. This Agreement is entered into the State of Wisconsin and shall be governed by the laws of the State of Wisconsin and of the United States. In the event that the terms of this Agreement conflict with the terms of any other agreement relating to the Services or the mobile deposit of funds into your account, the terms and conditions of this Agreement shall control.
Privacy and User Information: You acknowledge that in connection with your use of Mobile Banking, The Equitable Bank and its affiliates and
service providers, including Fiserv, Inc. and its affiliates, may receive 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 Mobile Banking or the Software (collectively “User Information”). The Equitable Bank and its 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 Mobile Banking 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. The Equitable Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the 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.
Restrictions on Use: You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by The Equitable Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of The Equitable Bank or any third party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose The Equitable Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

Business Online Banking Agreement

1. Meaning of some words. In this agreement:
a. “We,” “us,” “our” and “ours” mean The Equitable Bank SSB, 2290 N. Mayfair Rd. Wauwatosa, WI 53226;
b. “Online Banking” means an internet banking service being provided by us or on our behalf;
c. “You,” “your” and “yours” mean any corporation, partnership, limited liability company or other business organization, or any city, town, village, school district or other governmental body, that enrolls in Online Banking or any individual who enrolls in Online Banking for use in connection with deposit accounts none of which is established primarily for personal, family or household purposes;
d. “Approved deposit account” means any deposit account of yours with us that is approved by us as accessible for transfers of funds through Online Banking;
e. “Approved payment account” means any approved deposit account that is approved by us to be used for payments through Online Banking;
f. “Approved line of credit account” means any line of credit account of yours with us that is approved by us as accessible for transfers of funds through Online Banking;
g. “Approved loan account” means any approved line of credit account or any other loan account of yours with us that is approved by us as accessible for transfers of funds through Online Banking;
h. “Authorized party” means, if you are an individual, you or, if you are a corporation, partnership, limited liability company or other business organization or a city, town, village, school district or other governmental body, any individual authorized by you to transact all business relating to any deposit account or loan account of yours from or to which transfers of funds may be made through Online Banking;
i. “Your administrator” means, if you are a corporation, partnership, limited liability company or other business organization or a city, town, village, school district or other governmental body, the individual designated by any authorized party and approved by us as the administrator of Online Banking on your behalf;
j. “Additional user” means any individual, whether or not an authorized party or an employee or other agent of yours, designated by you or your administrator and approved by us as a user of Online Banking on your behalf;
k. “Identifier” means any identifier (for example, a username, password, access code or token) assigned by us or any agent of ours to you or your administrator or by you or your administrator to any additional user, or chosen by you, your administrator or any additional user, for use in connection with Online Banking;
l. “Instruction to us” means any instruction, notice, order or other communication given to us in connection with Online Banking (for example, an order described in Section 11, 12 or 13 of this agreement);
m. “Electronic document” means any periodic statement for an approved deposit account or approved loan account, any image of a check or other item that would normally be provided with a periodic statement for an approved deposit account, any communication that would normally be provided with a periodic statement for an approved deposit account or approved loan account and that is chosen to be sent to you through Online Banking (for example, a change of terms notice, an annual privacy notice or another notice that is required by applicable law or an agreement between you and us) or any other communication relating to an approved deposit account or approved loan account that is chosen to be sent to you through Online Banking (for example, an automated clearing house, wire transfer or overdraft item notice);
n. “Mobile banking device” means any wireless device (for example, a cellular telephone or tablet) that is capable of being used in connection with Online Banking and is approved by us for use by you or on your behalf in connection with Online Banking;
o. “Operating procedure” means any operating procedure for Online Banking established by us or any agent of ours;
p. “Security procedure” means any identification, pre-notification or other security procedure (for example, the use of an identifier) established by us or any agent of ours to verify that any instruction to us supposedly given by you or on your behalf in connection with Online Banking is actually being given by you or on your behalf;
q. “Error detection procedure” means any procedure established by us or any agent of ours to detect any error in the communication or transmission of any instruction to us; and
r. “Liability or expense” means, with respect to any obligation of yours to indemnify or reimburse us or any agent of ours, any liability, loss, cost or expense (for example, an attorney’s fee or disbursement, whether the attorney is hired for advice, litigation or any other purpose, or a cost of investigation or litigation).
2. Certain representations and warranties. You represent and warrant to us that your entry into and performance of this agreement, the use of Online Banking by you or on your behalf and each transfer of funds or payment ordered by you or on your behalf through Online Banking do not and will not violate applicable law, any judgment or order of any court, agency or other governmental body by which you are bound, your certificate or articles of incorporation, by-laws, operating, limited liability company or partnership agreement or other charter, organizational or other governing document or any resolution of or other action of record by any shareholder, member, director, manager or governing body of yours, do not and will not violate or constitute any default under any agreement or instrument by which you are bound, are in furtherance of your purposes and within your power and authority and do not and will not require any authorization of, notice to or other act by or relating to any other party (for example, a shareholder, member, director, manager or governing body of yours) that has not been duly obtained, given or done and is not in full force and effect.
3. Business purposes. You represent and warrant to us that the use of Online Banking by you or on your behalf will be primarily for business or governmental purposes rather than personal, family or household purposes. You acknowledge that in connection with Online Banking you will not have any right that applies under applicable law to deposit or credit accounts established primarily for personal, family or household purposes but not to deposit or credit accounts not established primarily for personal, family or household purposes (for example, the right to limited liability for unauthorized use of an internet banking service). Nothing in this agreement, any statement for any approved deposit account or approved loan account that we send to you or otherwise make available to you or any notice or other communication or document that we send to you (for example, the use of a term defined in the Electronic Fund Transfer Act or the Truth in Lending Act or the giving of a notice required by the Electronic Fund Transfer Act or the Truth in Lending Act) will give you in connection with Online Banking any right that applies under applicable law to deposit or credit accounts established primarily for personal, family or household purposes but not to deposit or credit accounts not established primarily for personal, family or household purposes.
4. Deposit accounts. You represent and warrant to us that no deposit account from which a withdrawal of funds will be ordered by you or on your behalf through Online Banking will be a fiduciary account, an account for which two or more persons are required to sign a check written on the account or a withdrawal form for the account or an account subject to a similar restriction. But no limitation on a withdrawal of funds from any deposit account from which a withdrawal of funds is ordered by you or on your behalf through Online Banking arising because the account is a fiduciary account, because the account is one for which two or more persons are required to sign a check written on the account or a withdrawal form for the account or because the account is subject to a similar restriction will apply to any withdrawal of funds from the account ordered by you or on your behalf through Online Banking.
5. You and your administrator. You represent and warrant to us that you and your administrator will have an unrestricted right to act alone to withdraw or to give any order to withdraw funds from any deposit account from which a withdrawal of funds will be ordered by you or on your behalf through Online Banking (for example, by signing a check written on the account or a withdrawal form for the account or giving an order for an automated clearing house entry or wire or intrabank transfer involving funds in the account) and to obtain credit under any approved line of credit account. We may rely on the authority of your administrator to act on your behalf in connection with Online Banking (for example, by giving any instruction to us, designating any additional user and limitations on the authority of any additional user to give any instruction to us, terminating or changing any limitation on the authority of any additional user to give any instruction to us, designating any other individual as your administrator, choosing any identifier to be used in connection with any security procedure or requesting that any identifier used in connection with any security procedure be rendered ineffective) until we receive from any authorized party and have a reasonable time to act on a written notice that your administrator is no longer authorized to act on your behalf in connection with Online Banking.
6. Additional users. Monitoring whether any additional user is acting within his or her authority to give any instruction to us is your responsibility and the responsibility of your administrator, and we may rely on the authority of any additional user to give any instruction to us.
7. Identifier. Neither you nor your administrator nor any additional user may allow anyone else to have any identifier unless you authorize him or her to use Online Banking on your behalf. You, your administrator and each additional user must keep each identifier in a secure location separate from any equipment (for example, a computer or mobile banking device) or software you use or your administrator or any additional user uses in connection with Online Banking. For reasons of security, we or any agent of ours may render any identifier ineffective. WE WILL NOT BE LIABLE FOR DAMAGES YOU SUFFER AS A RESULT OF YOU, YOUR ADMINISTRATOR OR ANY ADDITIONAL USER ALLOWING ANYONE ELSE (FOR EXAMPLE, A PARTY THAT AGGREGATES ACCOUNT INFORMATION OR CONTENT OF WEBSITES) TO HAVE ANY IDENTIFIER.
8. Your responsibility for instructions. You will be responsible for and bound by each instruction given by you, your administrator, any additional user or anyone else you allow or your administrator or any additional user allows to have any identifier or to use Online Banking, and the instruction to us and, if the instruction to us is any order described in Section 11, 12 or 13 of this agreement, each transfer of funds or payment initiated by the instruction to us will be covered by this agreement as though the instruction to us had been given by you. Thus, you will be responsible for verifying the content of each instruction to us (for example, the description in the instruction to us of any amount or any name or account or other identifying number of an account or financial institution or other party, and we will not be responsible for doing so.
9. Prohibition of certain transactions. Online Banking may not be used by you or on your behalf for any prohibited or unenforceable transaction (for example, an illegal gambling transaction, a purchase of an illegal product or a transaction with an individual, organization or government on which the federal government has imposed economic or trade sanctions or with which it has prohibited transactions), but, if it is, you waive any claim that the transaction should not have been charged against any deposit account or line of credit account on the ground that the transaction was prohibited or unenforceable, and you must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any claim arising out of the transaction. You must maintain and use a filtering system designed to assure that no transaction involving an individual, organization or government on which the federal government has imposed economic or trade sanctions or with which it has prohibited transactions is made using Online Banking, and you must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any failure by you to maintain and use that type of filtering system.
10. Online Banking. Online Banking has a number of features, including a banking feature, a bill payment feature, if applicable, and an automated clearing house/wire transfer feature. The banking feature is always included in Online Banking, while the bill payment feature, if applicable, and the automated clearing house/wire transfer feature will be available to you only if chosen by you and approved by us. The banking feature of Online Banking has a number of features (for example, electronic statement delivery and automatic alerts) that will be available to you only if chosen by you and approved by us. If chosen by you and approved by us, a mobile banking device may be used in connection with Online Banking.
11. Use of banking feature. Subject to the provisions of this agreement, the banking feature of Online Banking may be used by you or on your behalf to:
a. Give an order to us to make an immediate or future non-recurring transfer of funds from any approved deposit account to any other approved deposit account or any approved loan account or from any approved line of credit account to any other approved loan account or any approved deposit account;
b. Give an order to us to make a series of automatic recurring transfers of funds of the same amount from any approved deposit account to any other approved deposit account or any approved loan account or from any approved line of credit account to any other approved loan account or any approved deposit account;
c. Give an order to us changing or canceling any order described in clause a of this sentence that was previously given through the banking feature of Online Banking;
d. Give an order to us changing or canceling as to all future transfers of funds any order described in clause b of this sentence that was previously given through the banking feature of Online Banking;
e. Give an order to us to stop, or to renew an order to stop, the payment of any check written on any checking or money market account of yours with us;
f. Request information available through the banking feature of Online Banking concerning any approved deposit account or approved loan account that is approved by us as accessible for information through the banking feature of Online Banking (for example, information concerning deposits in, withdrawals from and the balance of the account); and
g. Receive notice of the availability at our website of electronic documents for any approved deposit account or approved loan account through the electronic statement delivery feature of the banking feature of Online Banking.
Any order to stop, or to renew an order to stop, the payment of a check given by you or on your behalf through the banking feature of Online Banking will be subject to our general rules concerning orders to stop the payment of a check, except that the order need not be confirmed in writing. For example, the order will be effective for six months after the date it is placed against the account on which the check is written.Because the balance available for withdrawal from an approved deposit account may vary from time to time during any day, you may not rely on any statement obtained through the banking feature of Online Banking as to the balance available for withdrawal from the approved deposit account at any time other than the time the statement is obtained.12. If applicable, use of bill payment feature. Subject to the provisions of this agreement, Online Banking may be used by you or on your behalf to:
a. Give an order to us to make a non-recurring payment from any approved payment account;
b. Give an order to us to make a series of automatic recurring payments of the same amount from any approved payment account;
c. Give an order to us changing or canceling any order described in clause a of this sentence that was previously given through the bill payment feature of Online Banking;
d. Give an order to us canceling as to all future payments any order described in clause b of this sentence that was previously given through the bill payment feature of Online Banking; and
e. Request information available through the bill payment feature of Online Banking concerning payments from any approved payment account made through the bill payment feature of Online Banking.
Any payment from any approved payment account made through the bill payment feature of Online Banking will be made by either a transfer of funds through an automated clearing house to the payee of the payment or the sending of a check to the payee. Because the payee will not receive a payment stub with the payment and because the payee may process payments made without a payment stub at a different location than is normally the case or may take longer than is normally the case to process those payments, it may be advisable for you to verify with the payee the address to which the payment should be sent and the period of time required for the posting of the payment.It is not advisable to use the bill payment feature of Online Banking to make a payment to a governmental body (for example, a payment of a tax bill).
13. Use of automated clearing house/wire transfer feature. Subject to the provisions of this agreement, the automated clearing house/wire transfer feature of Online Banking may be used by you or on your behalf to:
a. Give an order to us to make a non-recurring transfer of funds through an automated clearing house from any deposit account maintained by you or someone other than you with us or another financial institution to any other deposit account maintained by you or someone other than you with us or another financial institution as long as one of the accounts is maintained by you;
b. Give an order to us to make a series of automatic recurring transfers of funds of the same amount through an automated clearing house from any deposit account maintained by you or someone other than you with us or another financial institution to any other deposit account maintained by you or someone other than you with us or another financial institution as long as one of the accounts is maintained by you;
c. Give an order to us to make a non-recurring transfer of funds by a wire or intrabank transfer from any deposit account maintained by you with us to any deposit account maintained by someone other than you with us or by you or someone other than you with another financial institution; and
d. Give an order to us to make a series of automatic recurring transfers of funds of the same amount by a wire or intrabank transfer from any deposit account maintained by you with us to any deposit account maintained by someone other than you with us or by you or someone other than you with another financial institution.
14. Initiation, processing, charging, changing and cancellation of orders given through banking feature of Online Banking. The following rules apply to the initiation, processing, charging, changing and cancellation of orders given by you or on your behalf through the banking feature of Online Banking:
a. If an order to make an immediate non-recurring transfer of funds is given through the banking feature of Online Banking:
i. The transfer will be scheduled to be made on the day we receive the order unless that day is not a business day of ours or we receive the order after 8:00 p.m. CT that day if that day is any day Monday through Friday or 8 p.m. CT that day if that day is a Saturday, in which case it will be scheduled to be made on our first business day after that day;
ii. The transfer may be charged against the account from which it is to be made as early as the day we receive the order; and
iii. The order may not be changed or canceled.
b. If an order to make a future non-recurring transfer of funds is given through the banking feature of Online Banking:
i. The order must schedule the transfer to be made on a specified date after the day we receive the order;
ii. The transfer will be scheduled to be made on the date the order schedules it to be made unless that date is not a business day of ours, in which case it will be scheduled to be made on our first business day after that date;
iii. The transfer may be charged against the account from which it is to be made as early as the date on which it is scheduled to be made; and
iv. The order may be changed or canceled until 8:00 p.m. CT on the day before the date on which the transfer is scheduled to be made.
c. If an order to make a series of automatic recurring transfers of funds is given through the banking feature of Online Banking:
i. The order must provide for the transfers to be equal in amount and regular in frequency on a weekly, bi-weekly, semi-monthly, monthly, quarterly, semi-annual or annual basis and must schedule them to begin and end on specified dates after the day we receive the order;
ii. Each of the transfers will be scheduled to be made on the date the order schedules it to be made unless that date is not a business day or ours, in which case it will be scheduled to be made on our first business day after that date;
iii. Each of the transfers may be charged against the account from which it is to be made as early as the date on which it is scheduled to be made; and
iv. The order may not be changed, but the order may be canceled with respect to any of the transfers until 8:00 p.m. CT on the day before the date on which the transfer is scheduled to be made.
15. Initiation, processing, charging, changing and cancellation of orders given through bill payment feature, if applicable, of Online Banking. The following rules apply to the initiation, processing, charging, changing and cancellation of orders given by you or on your behalf through the bill payment feature of Online Banking:
a. If an order to make a non-recurring payment is given through the bill payment feature of Online Banking:
i. The order must provide as the payee of the payment a party that is located in the United States, would not be receiving the payment under a court order and is not regarded by us as ineligible for payment through the bill payment feature of Online Banking;
ii. The order may not provide for the payment to be made in other than United States currency;
iii. The order must specify the date on which the payment is scheduled to be received by the payee;
iv. The payment may be charged against the account from which it is to be made as early as the date on which it is scheduled to be received by the payee; and
v. The order may not be changed or canceled after processing of the payment begins.
b. If an order to make a series of automatic recurring payments is given through the bill payment feature of Online Banking:
i. The order must provide for the same payee of all of the payments and must provide as the payee a party that is located in the United States, would not be receiving the payments under a court order and is not regarded by us as ineligible for payment through the bill payment feature of Online Banking;
ii. The order may not provide for any of the payments to be made in other than United States currency;
iii. The order must provide for the payments to be regular in frequency on a weekly, biweekly, semi-monthly, monthly, quarterly, semi annual or annual basis and must specify the date on which the first of the payments is scheduled to be received by the payee;
iv. Each of the payments will be scheduled to be received by the payee on the date the order schedules it to be received by the payee, except that, if that date is a Saturday, Sunday or legal holiday, it will be scheduled to be received by the payee on the last day before that date that is not a Saturday, Sunday or legal holiday;
v. Each of the payments may be charged against the account from which it is to be made as early as the date on which it is scheduled to be received by the payee; and
vi. The order may not be changed or canceled with respect to any of the payments after processing of the payment begins.
16. Orders given through the automated clearing house/wire transfer feature of Online Banking. The following rules apply to any order given by you or on your behalf through automated clearing house/wire transfer feature of Online Banking:
a. If the order is to make a transfer of funds through an automated clearing house:
i. The order and the transfer will be subject to the provisions of any agreement between you and us governing transfers of funds through an automated clearing house (for example, provisions applicable to the initiation, processing, charging, changing and cancellation of orders) even if the agreement does not refer to an order given through the automated clearing house/wire transfer feature; and
ii. The transfer will be subject to any limit set by you or your administrator on the amount of the transfer or the total of the amount of the transfer and the amounts of all other transfers of funds from the account from which the transfer is to be made on the day the transfer is made.
b. If the order is to make a transfer of funds by a wire or intrabank transfer:
i. The transfer will be subject to the provisions of any agreement between you and us governing transfers of funds by a wire or intrabank transfer (for example, provisions applicable to the initiation, processing, charging, changing and cancellation of orders) even if the agreement does not refer to an order given through the automated clearing house/wire transfer feature; and
ii. The transfer will be subject to any limit set by you or your administrator on the amount of the transfer or the total of the amount of the transfer and the amounts of all other transfers of funds from the account from which the transfer is to be made on the day the transfer is made.
17. Limitations and other rules applicable to transfers of funds and payments. The following limitations and other rules apply to transfers of funds and payments initiated by orders given by you or on your behalf through Online Banking:
a. We may refuse to honor any order to make a transfer of funds or payment given through Online Banking (for example, refusing to do so for reasons of security, to comply with applicable law or because the order reasonably appears to us to be erroneous, incomplete, conditional, fraudulent or possibly illegal).
b. Any transfer of funds from a deposit account ordered through the banking feature or the automated clearing house/wire transfer feature of Online Banking will be subject to the funds being available for withdrawal from the account when the order to make the transfer is to be charged against the account with respect to the transfer.
c. Any transfer of funds from any approved line of credit account ordered through the banking feature of Online Banking will be subject to the funds being available as credit under the account when the order to make the transfer is to be charged against the account.
d. Any payment ordered through the bill payment feature of Online Banking will be subject to the funds that are to be used to make the payment being available for withdrawal from the approved payment account from which the payment is to be made when the order to make the payment is to be charged against the account with respect to the payment.
e. If, when any order to make a transfer of funds or payment from a deposit account of yours with us given through Online Banking is to be charged against the account with respect to the transfer or payment, the amount of the transfer or payment exceeds the amount of money available for withdrawal from the account (taking into consideration, if the account is tied to a line of credit account or other overdraft facility with us, the amount of credit available under the line of credit account or other overdraft facility), we may either make the transfer or payment, in which case you will be liable for the excess, or refuse to make the transfer or payment. In either case, you will be liable for any fee applicable to the withdrawal or attempted withdrawal of money from the account in excess of the amount of money available for withdrawal from the account. But, if we refuse to make the transfer or payment, we may attempt to make it on a later business day of ours.
f. If, when any order to make a transfer of funds from any approved line of credit account given through the banking feature of Online Banking is to be charged against the account, the amount of the transfer exceeds the amount of credit available under the account, we may either make the transfer, in which case the amount of the transfer will be considered to be credit extended under the account, or refuse to make the transfer. In either case, you will be liable for any fee applicable to the obtaining of the credit or attempted obtaining of credit in excess of the amount of credit available under the account.
g. If an order to make a transfer of funds or payment given through Online Banking contains an inconsistency in the name and account or other identifying number of an account or payee, financial institution or other party, we may treat the number as controlling and rely on the number in processing the order.
h. If any approved deposit account is a savings account for purposes of federal reserve requirements, during any monthly period at the end of which we review the account there may be no more than six transfers of funds from the account that are:
i. A transfer of funds to any other deposit account with us ordered through Online Banking;
ii. Any other computer transfer of funds to any other deposit account with us or a third party;
iii. A preauthorized, automatic or telephonic transfer of funds to any other deposit account with us or a third party;
iv. A transfer of funds to a third party made by using a debit card issued by us (for example, a transfer of funds to pay the purchase price of goods or services); or
v. A transfer of funds made by using a check, a draft or any other order payable to a third party.
i. If applicable, you will be responsible for assuring that any order to make a payment given by you or on your behalf through the bill payment feature of Online Banking is given to us in sufficient time for the order to be processed and the payment to be sent so that the payment is received by the payee of the payment by the date the payment is to become due without taking into consideration any grace period provided by the payee, and you will be responsible, and we will not be liable, for any consequence of your not assuring that that is done (for example, any finance or late charge resulting from the payment being made late). If the payment is to be made by a transfer of funds through an automated clearing house to the payee, up to two of our business days after the day we receive the order if that day is a business day of ours, or up to two of our business days after our first business day after that day if that day is not a business day of ours, will be necessary to allow for processing of the order so that the payment is received by the payee by the date it is to become due. If the payment is to be made by the preparation and sending to the payee of a check, up to six of our business days after the day we receive the order if that day is a business day of ours, or up to six of our business days after our first business day after that day if that day is not a business day of ours, will be necessary to allow for the processing of the order so that the payment is received by the payee by the date it is to become due.
j. If applicable, we may refuse to honor any order to make a payment given through the bill payment feature of Online Banking if, because the order identifies the same payee, payment date and amount, it appears to duplicate another order to make a payment given through the bill payment feature of Online Banking.
k. We may impose any other limitation on the types, number, frequency and amounts of transfers of funds and payments ordered through Online Banking.
l. As an accommodation to you, we may attempt to have an order to make a transfer of funds or payment given through Online Banking canceled or changed even though the time within which you may cancel or change the order has expired and even though the order may have already been communicated or transmitted to another financial institution or another party. By attempting to do so on any occasion, we will not be obligated to attempt to do so on any other occasion.
18. Notice of availability of electronic documents through banking feature of Online Banking. If the electronic statement delivery feature of the banking feature of Online Banking is chosen by you and approved by us for any approved deposit account or approved loan account:
a. You represent and warrant to us that any electronic mail address provided to us by you or on your behalf for use in connection with the use of the electronic statement delivery feature for the account is a valid and active electronic mail address and belongs to you, your administrator or an additional user.
b. You or your administrator must promptly notify us of any change in any electronic mail address provided to us by you or on your behalf for use in connection with the use of the electronic statement delivery feature for the account by changing the electronic mail address in your profile for the banking feature of Online Banking.
c. You must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any claim arising from any email address provided to us by you or on your behalf for use in connection with the use of the electronic statement delivery feature for the account being invalid or inactive or not belonging to you, your administrator or an additional user.
d. Whenever an electronic document for the account is ready to be made available to you at our website, we will send to the current electronic mail address provided to us by you or on your behalf for use in connection with the use of the electronic statement delivery feature for the account a notice that the electronic document is available to you at our website. The electronic document will be available to you at our website for four months, except that it will not be available to you at our website after cancellation of the electronic statement delivery feature in connection with the account takes effect. Except to the extent that applicable law requires otherwise, the notice will be the only notice that we send to you concerning the availability of the electronic document to you. The notice will constitute delivery of the electronic document to you, whether or not it is viewed or printed by you or on your behalf. Neither you nor anyone acting on your behalf may use the reply function for electronic mail to reply to the notice (for example, by using the reply function to request any information or service or a paper copy of any electronic document or other item or to cancel the electronic statement delivery feature in connection with the account), but, if that happens, we will not be obligated to do anything in response to the reply. If the notice is returned to us as undeliverable, we will send it a second time. If it is again returned to us as undeliverable, we will send it a third time. If the notice is again returned to us as undeliverable, we may stop sending electronic documents for the account to you and resume sending to you paper copies of electronic documents for the account at the mailing address shown for you in our records concerning the account. But we will not have to send the notice a second or third time if any return of the notice to us as undeliverable indicates that the email address to which it was sent is invalid or inactive.
e. We may discontinue sending you paper copies of electronic documents for the account. For as long as we are required by applicable law to keep a copy of any electronic document for the account, you, your administrator or any additional user may request a copy of the electronic document by writing to us at The Equitable Bank SSB, 2290 N. Mayfair Rd. Wauwatosa, WI 53226, Attention: Customer Service Department. The request will not constitute a request to cancel the electronic statement delivery feature in connection with the account. Even if we discontinue sending you paper copies of electronic documents for the account, we may resume sending them (for example, because we believe that you are not receiving notices that an electronic document for the account is available to you at our website or because we believe that there is a risk that you may not be able to receive electronically, view and print electronic documents for the account). If the account is closed, the final periodic statement for the account that we send to you or otherwise make available to you will be a paper copy.
f. If you cancel or your administrator cancels the electronic statement delivery feature in connection with the account, we may continue to make electronic documents for the account available to you at our website until the cancellation takes effect.
g. No cancellation of the electronic statement delivery feature in connection with the account will affect the validity or legal effect of any electronic document provided for the account.
19. Automatic alerts through banking feature of Online Banking. If the automatic alert feature of the banking feature of Online Banking is chosen by you and approved by us for any approved deposit account or approved loan account (for example, if the account is an approved deposit account, to provide an automatic alert whenever the balance of the account falls below a specified amount):
a. You represent and warrant to us that any electronic mail address provided to us by you or on your behalf for use in connection with the use of the automatic alert feature for the account is a valid and active electronic mail address and belongs to you.
b. You must promptly notify us of any change in any electronic mail address provided to us by you or on your behalf for use in connection with the use of the automatic alert feature for the account by changing the electronic mail address in your profile for the banking feature of Online Banking.
c. You must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any claim arising from any email address provided to us by you or on your behalf for use in connection with the use of the automatic alert feature for the account being invalid or inactive or not belonging to you.
d. We may impose limitations on the types of automatic alerts to be provided through the automatic alert feature.
e. WITHOUT AFFECTING ANY OTHER LIMITATION OF OUR LIABILITY PROVIDED IN THIS AGREEMENT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY FAILURE TO GIVE, DELAY OR ERROR IN GIVING, INACCURACY OF OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANYONE ELSE IN RELIANCE ON ANY AUTOMATIC ALERT PROVIDED OR TO BE PROVIDED THROUGH THE AUTOMATIC ALERT FEATURE.
20. Use of mobile banking device. If a mobile banking device is used in connection with Online Banking:
a. You represent and warrant to us that you are or your administrator or an additional user is authorized to use the mobile banking device and that the telephone number of the mobile banking device is a valid and active telephone number and belongs to you.
b. You or your administrator must promptly notify us of any change in the mobile banking device or its telephone number.
c. You must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any claim arising from any telephone number for the mobile banking device being invalid or inactive or not belonging to you, your administrator or an additional user.
d. We may limit the types, number, frequency and amounts of transfers of funds and payments that may be initiated by orders given through Online Banking using the mobile banking device, and we may refuse to make any transfer of funds or payment initiated by an order given through Online Banking using the mobile banking device.
e. You are responsible for all fees and other changes imposed by any telecommunication or internet access service for the use of the mobile banking device in connection with Online Banking (for example, a fee or other change for transmitting data or a text message).
f. You acknowledge that any telecommunication or internet access service used in connection with the mobile banking device may impose limitations and fees and other charges (for example, with respect to the transmission of data or text messages) that may restrict the use the mobile banking device in connection with Online Banking.
21. Authorization and appointment as agent. You authorize us and each agent of ours and appoint us and the agent as your agent to take on your behalf any action that we consider or the agent considers to be necessary or appropriate to implement any order given by you or on your behalf through Online Banking or to correct any error in crediting or charging any deposit account or loan account in connection with any order given by you or on your behalf through Online Banking. For example, you authorize us and the agent and appoint us and the agent as your agent to on your behalf:
a. Withdraw money from any approved deposit account and deposit the money in any other approved deposit account in order to implement any order to make a transfer of funds from the first approved deposit account to the other approved deposit account given by you or on your behalf through the banking feature of Online Banking;
b. Withdraw money from any approved deposit account and use the money to make a payment under any approved loan account in order to implement any order to make a transfer of funds from the approved deposit account to the approved loan account given by you or on your behalf through the banking feature of Online Banking;
c. Obtain credit under any approved line of credit account and deposit the proceeds of the credit in any approved deposit account in order to implement any order to make a transfer of funds from the approved line of credit account to the approved deposit account given by you or on your behalf through the banking feature of Online Banking;
d. Obtain credit under any approved line of credit account and use the proceeds of the credit to make a payment under any other approved loan account in order to implement any order to make a transfer of funds from the approved line of credit account to the other approved loan account given by you or on your behalf through the banking feature of Online Banking;
e. Withdraw money from any approved payment account in order to implement any order to make a payment from the account given by you or on your behalf through the bill payment feature of Online Banking;
f. Direct that money be withdrawn from any deposit account maintained by you or someone other than you with us or another financial institution and direct that the money be deposited in another deposit account maintained by you or someone other than you with us or another financial institution in order to implement any order to make a transfer of funds through an automated clearing house from the first deposit account to the other deposit account given by you or on your behalf through the automated clearing house/wire transfer feature of Online Banking; and
g. Withdraw money from any deposit account maintained by you with us and direct that the money be deposited in a deposit account maintained by someone other than you with us or by you or someone other than you with another financial institution in order to implement any order to make a transfer of funds by a wire or intrabank transfer from the first deposit account to the other deposit account given by you or on your behalf through the automated clearing house/wire transfer feature of Online Banking.
The withdrawal or directing the withdrawal of money from any deposit account or the obtaining of credit under any approved line of credit account under the authority given and the appointment as your agent made in the first sentence of this section will be as effective as though you had signed a check or withdrawal form to make the withdrawal or to obtain the credit.22. Notice of loss, theft or unauthorized access or use. If you believe or your administrator or any additional user believes that any identifier has been lost or stolen, that there has been without your authorization any access to any equipment (for example, a computer or mobile banking device) used in connection with Online Banking by you or on your behalf or that any transaction involving a deposit account of yours may have been or may be made using Online Banking without your authorization, you, your administrator or the additional user must contact us at once by calling us at 414-475-1690 and asking for our Customer Service Department or writing to us at The Equitable Bank SSB, 2290 N. Mayfair Rd. Wauwatosa, WI 53226, Attention: Customer Service Department. If any statement for any deposit account or line of credit account of yours with us that we send you or otherwise make available to you indicates that a transaction involving the account may have been made without your authorization during the period covered by the statement or that we may have made an error with respect to the account during that period, you will lose any right to make any claim against us based on the transaction or error unless you notify or your administrator notifies us in writing of the transaction or error in time for us to receive the notice within 60 days after the date we send the statement to you or otherwise make it available to you.
23. Your liability for unauthorized use. How much you will have to bear of any loss of money taken from any deposit account of yours in any transfer of funds or payment ordered through Online Banking by an order initiated without your authorization will be determined by applicable law and any agreement between you and us concerning the account or transfers of funds or payments from the account (for example, an agreement governing transfers of funds through an automated clearing house or by a wire or intrabank transfer), but:
a. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH ONLINE BANKING BY AN ORDER INITIATED WITHOUT YOUR AUTHORIZATION BY YOUR ADMINISTRATOR, ANY ADDITIONAL USER OR ANYONE ELSE YOUR ADMINISTRATOR OR ANY ADDITIONAL USER ALLOWS TO ANY IDENTIFIER OR TO USE ONLINE BANKING;
b. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH ONLINE BANKING BY AN ORDER INITIATED WITHOUT YOUR AUTHORIZATION UNLESS EACH COMMERCIALLY REASONABLE SECURITY PROCEDURE OFFERED BY US TO YOU IN CONNECTION WITH ONLINE BANKING IS FOLLOWED IN CONNECTION WITH THE GIVING OF THE ORDER TO US TO MAKE THE TRANSFER OR PAYMENT;
c. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH ONLINE BANKING BY AN ORDER INITIATED BY THE USE OF ANY IDENTIFIER WITHOUT YOUR AUTHORIZATION BEFORE WE RECEIVE AND HAVE A REASONABLE TIME TO ACT ON A NOTICE OF THE POSSIBLE UNAUTHORIZED USE OF ANY IDENTIFIER WITHOUT YOUR AUTHORIZATION;
d. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH ONLINE BANKING BY AN ORDER INITIATED WITHOUT YOUR AUTHORIZATION UNLESS WE FAIL TO EXERCISE ORDINARY CARE IN PROCESSING THE TRANSFER OR PAYMENT; AND
e. IN THE CASE OF ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH ONLINE BANKING BY AN ORDER INITIATED WITHOUT YOUR AUTHORIZATION, OUR LIABILITY WILL BE LIMITED, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TO THE AMOUNT OF THE TRANSFER OR PAYMENT LESS ANY AMOUNT THAT, EVEN WITH OUR EXERCISE OF ORDINARY CARE IN PROCESSING THE TRANSFER OR PAYMENT, WOULD HAVE BEEN LOST.
24. Fees. You must pay us each fee we impose for the use of Online Banking by you or on your behalf and, as required by applicable law, each sales, use, excise, value added, utility or similar tax imposed in connection with the fee. The fee will be in addition to the fees applicable to any deposit account or line of credit account from or to which any transfer of funds or payment is made using Online Banking. We may charge any approved deposit account or any other deposit account of yours with us for the amount of the fee and the sales, use, excise, value added, utility or similar tax. We will not be liable if we do so and, as a result, we do not allow or make any withdrawal from the account.
25. Reimbursement and indemnification. Without limiting any other obligation you have under this agreement to reimburse us, you must reimburse us for any liability or expense incurred by us as a result of our hiring an attorney to enforce any of your obligations under this agreement or with respect to Online Banking. Without limiting any other obligation you have under this agreement to indemnify us, you must, except to the extent that this agreement imposes liability on us or to the extent prohibited by applicable law, indemnify us and each agent of ours against any liability or expense that is incurred by, imposed on or asserted against us or the agent as a result of any claim arising in connection with the use of Online Banking by you or on your behalf (for example, as a result of our following any instruction to us, acting on any information or document that we receive from you or anyone acting on your behalf or any failure by you or anyone acting on your behalf to maintain the security of any identifier or any equipment (for example, a computer or mobile banking device)). We may charge the amount of the liability or expense for which you must reimburse us or against which you must indemnify us against any approved deposit account or any other deposit account of yours with us or collect it in any other way.
26. Disclaimer of warranties. ONLINE BANKING IS PROVIDED BY US “AS IS,” “AS AVAILABLE” AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE PRECEDING SENTENCE, WE DO NOT MAKE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND WE DISCLAIM, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OF ANY KIND (FOR EXAMPLE, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) CONCERNING ONLINE BANKING.
27. Equipment, services and software. You are responsible for the selection, installation, maintenance, operation and use of any equipment (for example, a computer or mobile banking device), service (for example, a telecommunication or internet access service) or software (for example, an application used with a mobile banking device) used by you or on your behalf in connection with Online Banking. You assume all risks of loss resulting from the selection, installation, maintenance, operation or use of the equipment, service or software (for example, a failure of a telecommunication or internet access service to provide, or a delay by a telecommunication or internet access service in providing, a service). EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES (FOR EXAMPLE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES), WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT OR STRICT LIABILITY OR OTHERWISE, THAT RESULT FROM ANY ERROR IN SELECTING, INSTALLING, MAINTAINING, OPERATING OR USING, UNAVAILABILITY, FAILURE, MALFUNCTION OR INTERRUPTION OF, COMPROMISE OF DATA SENT USING OR VIRUS OR SIMILAR PROBLEM RESULTING FROM THE EQUIPMENT, SERVICE OR SOFTWARE, EVEN IF WE ARE NOTIFIED OF OR OTHERWISE KNOW OR SHOULD KNOW OF THE POSSIBILITY OF THOSE DAMAGES.
You must indemnify us against any liability or expense that is incurred by, imposed on or asserted against us as a result of any claim that the operation or use of the equipment, service or software by you or on your behalf in connection with Online Banking infringes any copyright, patent, trademark, trade secret or other property right of any party.

28. Limitation of liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE IN CONNECTION WITH ONLINE BANKING FOR:
a. ANY DAMAGES NOT RESULTING DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
b. ANY DAMAGES (FOR EXAMPLE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ADDITION TO ACTUAL DAMAGES, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE NOTIFIED OF OR OTHERWISE KNOW OR SHOULD KNOW OF THE POSSIBILITY OF THOSE DAMAGES;
c. ANY DAMAGES IN EXCESS OF THE GREATER OF $5,000 OR ANY COMPENSATION PROVIDED BY APPLICABLE LAW OR ANY APPLICABLE RULE OF ANY BANKING OR PAYMENT SYSTEM;
d. ANY CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL (FOR EXAMPLE, A FLOOD OR OTHER NATURAL CATASTROPHE, WEATHER CONDITION, FIRE, RIOT OR OTHER CIVIL DISOBEDIENCE, ACT OF WAR, CYBER ATTACK OR OTHER ACT OF TERRORISM, NATIONAL EMERGENCY, EMBARGO, STRIKE OR OTHER LABOR DISPUTE, DEFECT IN OR UNAVAILABILITY, FAILURE, MALFUNCTION OR INTERRUPTION OF ANY EQUIPMENT, SERVICE OR SOFTWARE (FOR EXAMPLE, A TELECOMMUNICATION, INTERNET ACCESS, ELECTRONIC OR OTHER MAIL, COURIER OR OTHER TRANSMISSION OR COMMUNICATION SERVICE), SUSPENSION OF PAYMENTS BY ANY OTHER FINANCIAL INSTITUTION OR OPERATOR OF AN AUTOMATED CLEARING HOUSE OR ACTION OR INACTION OF ANY GOVERNMENTAL BODY, BANKING OR PAYMENT SYSTEM, CORRESPONDENT BANK OR SERVICE PROVIDER); OR
e. ANY FAILURE TO TAKE OR DELAY IN TAKING ANY ACTION IF WE BELIEVE THAT TAKING THE ACTION WOULD VIOLATE, OR THAT FAILING TO TAKE OR DELAY IN TAKING THE ACTION WOULD BE EXCUSED BY, APPLICABLE LAW, ANY RULE OF ANY BANKING OR PAYMENT SYSTEM OR ANY GOVERNMENTAL GUIDELINE OR PROGRAM.
29. Our liability for failure to make transfers of funds and payments. Subject to the limitations on our liability set forth in Section 28 of this agreement, our liability for damages you suffer as a result of our failure to make or cause to be made, on time and in the correct amount, any transfer of funds or payment to or from any deposit account ordered by a timely and properly initiated order to make the transfer or payment given by you or on your behalf through Online Banking will be determined by applicable law and any agreement between you and us concerning the account or transfers of funds or payments to or from the account (for example, an agreement between you and us governing transfers of funds through an automated clearing house or by a wire or intrabank transfer).
Whether the order is timely will be determined under Section 14, 15 or 16 of this agreement and, if the order is to make a payment, clause i of Section 17 of this agreement. The order will not be properly initiated unless:
a. All equipment, services and software used by you or on your behalf in connection with Online Banking are properly functioning;
b. The instructions on how to give the order are properly followed and all requirements applicable to the making of the transfer or payment are satisfied;
c. The order is described in Section 11, 12 or 13 of this agreement and is correct and complete (for example, if the order is to make a payment, the order includes the correct name and address of the payee of the payment, the correct account number of the account to which the payment is to be made and the correct amount of the payment); and
d. The transfer or payment would not be subject to any limitation referred to in Section 17 of this agreement.
WITHOUT LIMITING THE FIRST SENTENCE OF THIS SECTION, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR FAILING TO MAKE THE TRANSFER OR PAYMENT IF ANY OF THE FOLLOWING THINGS HAPPENS:a. WE DO NOT RECEIVE THE ORDER;
b. BEFORE THE TRANSFER OR PAYMENT IS TO BE CHARGED AGAINST THE ACCOUNT FROM WHICH THE TRANSFER OR PAYMENT IS TO BE MADE, YOUR RIGHT, OR THE RIGHT OF YOUR ADMINISTRATOR OR ANY ADDITIONAL USER GIVING THE ORDER, TO USE ONLINE BANKING OR THE FEATURE OF ONLINE BANKING INVOLVED IN THE TRANSFER OR PAYMENT IS CANCELED OR SUSPENDED;
c. WHEN THE TRANSFER OR PAYMENT IS PROCESSED OR IS TO BE CHARGED AGAINST THE ACCOUNT FROM WHICH THE TRANSFER OR PAYMENT IS TO BE MADE, WE IN GOOD FAITH BELIEVE THAT THE ORDER WAS GIVEN WITHOUT YOUR AUTHORIZATION (FOR EXAMPLE, BECAUSE AN IDENTIFIER HAS BEEN REPORTED AS LOST OR STOLEN) OR IS ILLEGAL OR FRAUDULENT;
d. THE ORDER IS TO MAKE A TRANSFER OF FUNDS AND, BEFORE THE TRANSFER IS TO BE CHARGED AGAINST THE ACCOUNT FROM WHICH THE TRANSFER IS TO BE MADE, EITHER THAT ACCOUNT OR THE ACCOUNT TO WHICH THE TRANSFER IS TO BE MADE IS CLOSED;
e. THE ORDER IS TO MAKE A PAYMENT AND WE DO NOT RECEIVE THE ORDER IN TIME TO ALLOW US TO MAKE THE PAYMENT AND ALLOW THE PAYEE OF THE PAYMENT TO PROPERLY CREDIT IT BY THE DATE ON WHICH IT IS TO BECOME DUE, WE MAKE THE PAYMENT IN TIME TO ALLOW THE PAYEE TO PROPERLY CREDIT IT BY THE DATE ON WHICH IT IS TO BECOME DUE BUT THE PAYEE FAILS TO DO SO OR BEFORE THE ORDER IS TO BE CHARGED AGAINST THE ACCOUNT FROM WHICH THE PAYMENT IS TO BE MADE THE ACCOUNT IS CLOSED;
f. THE ORDER IS TO MAKE A TRANSFER OF FUNDS OR PAYMENT FROM A DEPOSIT ACCOUNT AND THROUGH NO FAULT OF OURS, WHEN THE TRANSFER OR PAYMENT IS PROCESSED OR IS TO BE CHARGED AGAINST THE ACCOUNT, THE AMOUNT OF THE TRANSFER OR PAYMENT EXCEEDS THE AMOUNT OF MONEY AVAILABLE FOR WITHDRAWAL FROM THE ACCOUNT (TAKING INTO CONSIDERATION, IF THE ACCOUNT IS TIED TO A LINE OF CREDIT ACCOUNT OR OTHER OVERDRAFT FACILITY WITH US, THE AMOUNT OF CREDIT AVAILABLE UNDER THE LINE OF CREDIT ACCOUNT OR OTHER OVERDRAFT FACILITY);
g. THE ORDER IS TO MAKE A TRANSFER OF FUNDS FROM A LINE OF CREDIT ACCOUNT AND THROUGH NO FAULT OF OURS, WHEN THE TRANSFER IS PROCESSED OR IS TO BE CHARGED AGAINST THE ACCOUNT, THE AMOUNT OF THE TRANSFER EXCEEDS THE AMOUNT OF CREDIT AVAILABLE UNDER THE ACCOUNT;
h. WHEN THE ORDER IS PROCESSED OR IS TO BE CHARGED AGAINST THE ACCOUNT FROM WHICH THE TRANSFER OR PAYMENT IS TO BE MADE, MONEY IN THE ACCOUNT IS SUBJECT TO ANY LEGAL PROCESS (FOR EXAMPLE, A TAX OR OTHER LEVY, EXECUTION, ATTACHMENT, INJUNCTION OR RESTRAINING, FORFEITURE, SEIZURE OR OTHER COURT OR ADMINISTRATIVE ORDER) OR ADMINISTRATIVE HOLD RESTRICTING ITS REMOVAL FROM THE ACCOUNT, IS COLLATERAL FOR A LOAN OR OTHER EXTENSION OF CREDIT OR IS THE SUBJECT OF A DISPUTE OR LEGAL PROCEEDING;
i. WHEN THE ORDER IS GIVEN, ONLINE BANKING OR THE FEATURE OF ONLINE BANKING INVOLVED IN THE TRANSFER OR PAYMENT IS NOT FUNCTIONING PROPERLY OR IS OTHERWISE UNAVAILABLE;
j. WE ARE PREVENTED FROM MAKING THE TRANSFER OR PAYMENT BY A TECHNICAL MALFUNCTION;
k. ANY CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL (FOR EXAMPLE, A FLOOD OR OTHER NATURAL CATASTROPHE, WEATHER CONDITION, FIRE, RIOT OR OTHER CIVIL DISOBEDIENCE, ACT OF WAR, CYBER ATTACK OR OTHER ACT OF TERRORISM, NATIONAL EMERGENCY, EMBARGO, STRIKE OR OTHER LABOR DISPUTE, DEFECT IN OR UNAVAILABILITY, FAILURE, MALFUNCTION OR INTERRUPTION OF ANY EQUIPMENT, SERVICE OR SOFTWARE (FOR EXAMPLE, A TELECOMMUNICATION, INTERNET ACCESS, ELECTRONIC OR OTHER MAIL, COURIER OR OTHER TRANSMISSION OR COMMUNICATION SERVICE), SUSPENSION OF PAYMENTS BY ANY OTHER FINANCIAL INSTITUTION OR OPERATOR OF AN AUTOMATED CLEARING HOUSE OR ACTION OR INACTION OF ANY GOVERNMENTAL BODY, BANKING OR PAYMENT SYSTEM, CORRESPONDENT BANK OR SERVICE PROVIDER) PREVENTS US FROM MAKING THE TRANSFER OR PAYMENT;
l. WE IN GOOD FAITH BELIEVE THAT THERE IS A DISPUTE AS TO THE IDENTITY OF YOUR ADMINISTRATOR OR ANY ADDITIONAL USER OR THE AUTHORITY OF YOUR ADMINISTRATOR OR ANY ADDITIONAL USER TO USE ONLINE BANKING; OR
m. OUR FAILURE TO MAKE THE TRANSFER OR PAYMENT IS JUSTIFIED BY ANY PROVISION OF THIS AGREEMENT, BY ANY PROVISION OF ANY OTHER AGREEMENT BETWEEN YOU AND US CONCERNING ANY FEATURE OF ONLINE BANKING, ANY APPROVED DEPOSIT ACCOUNT, ANY OTHER DEPOSIT ACCOUNT WITH US, ANY APPROVED LOAN ACCOUNT, ANY LINE OF CREDIT ACCOUNT OR OTHER OVERDRAFT FACILITY WITH US TO WHICH ANY APPROVED DEPOSIT ACCOUNT OR ANY OTHER DEPOSIT ACCOUNT WITH US IS TIED OR TRANSFERS OF FUNDS OR PAYMENTS TO OR FROM ANY APPROVED DEPOSIT ACCOUNT OR ANY OTHER DEPOSIT ACCOUNT WITH US (FOR EXAMPLE, AN AGREEMENT BETWEEN YOU AND US GOVERNING TRANSFERS OF FUNDS THROUGH AN AUTOMATED CLEARING HOUSE OR BY A WIRE OR INTRABANK TRANSFER), ANY APPROVED LOAN ACCOUNT OR ANY LINE OF CREDIT ACCOUNT OR OTHER OVERDRAFT FACILITY WITH US TO WHICH ANY APPROVED DEPOSIT ACCOUNT OR ANY OTHER DEPOSIT ACCOUNT WITH US IS TIED, BY ANY OPERATING PROCEDURE, SECURITY PROCEDURE OR ERROR DETECTION PROCEDURE OR BY APPLICABLE LAW.
30. Our liability for failure to comply with order to stop transfer of funds or payment. Subject to the limitations on our liability set forth in Section 28 of this agreement, our liability for damages you suffer as a result of our failure to comply with any order to stop a transfer of funds or payment ordered by you or on your behalf under this agreement or applicable law will be determined by applicable law and any agreement between you and us concerning the account from which the transfer or payment is to be made.
31. Security and error detection procedures. We may agree with you on any security procedure or error detection procedure, monitor the use of any security procedure or error detection procedure and report to you any breach of any security procedure or error detection procedure. You acknowledge that the use of any identifier is commercially reasonable for purposes of applicable law, that any security procedure or error detection procedure established by us or on our behalf will be commercially reasonable for purposes of applicable law and that any security procedure is solely for the purpose of verifying that any instruction to us is actually being given by you or on your behalf and not for the purpose of detecting any error in the content, communication or transmission of the instruction to us (for example, any error in the description in the instruction to us of any amount or any name or account or other identifying number of an account or financial institution or other party).
32. Certain obligations with respect to Online Banking. You must:
a. Comply, and assure that everyone acting on your behalf in connection with Online Banking complies, with applicable law, each applicable rule of any funds transfer or payment system, each operating procedure, security procedure and error detection procedure and, in addition to each requirement as to any instruction to us contained in any operating procedure, each other requirement of ours as to any instruction to us, however communicated to you, your administrator, any additional user or anyone else acting on your behalf;
b. Keep confidential, and assure that everyone acting on your behalf in connection with Online Banking keeps confidential, all information relating to any operating procedure, security procedure or error detection procedure;
c. Not reveal, and assure that no one acting on your behalf in connection with Online Banking reveals, any information relating to any operating procedure, security procedure or error detection procedure to anyone not authorized to act on your behalf in connection with Online Banking;
d. Promptly notify us of any unauthorized disclosure or use of any information relating to any operating procedure, security procedure or error detection procedure;
e. Take, and assure that everyone acting on your behalf in connection with Online Banking takes, each action that we consider or any agent of ours considers to be necessary or appropriate in connection with Online Banking, whether to comply with applicable law, any rule of any banking or payment system or any governmental guideline or program or otherwise;
f. Take, and assure that everyone acting on your behalf in connection with Online Banking takes, each action necessary or appropriate to assure the security of each deposit account and line of credit account of yours with us and all equipment (for example, a computer or mobile banking device) or software (for example, an application used with a mobile banking device) used by you or on your behalf in connection with Online Banking (for example, by not leaving any computer or mobile banking device unattended while logged on to Online Banking and by logging off from Online Banking immediately upon completing any use of Online Banking);
g. Not use, and assure that no one acting on your behalf in connection with Online Banking uses, any software (for example, an application used with a mobile banking device) provided by us or on our behalf for use in connection with Online Banking other than as provided in this agreement; and
h. Cooperate with us to minimize any loss, to pursue any claim against any third party and to defend against any claim by any third party if we incur any liability in connection with the provision of any service to you in connection with Online Banking.
33. Cancellation or suspension. You or your administrator may cancel your right to use Online Banking or any feature of Online Banking at any time by notifying us of the cancellation. The cancellation will not take effect until we receive the notice and have a reasonable time to act on it. We may cancel or suspend your right or the right of your administrator or any additional user to use Online Banking, any feature of Online Banking or any means of accessing Online Banking (for example, a mobile banking device). The cancellation or suspension will take effect immediately unless we decide to have it take effect later. Despite the cancellation by you or your administrator of your right or the right of your administrator or any additional user to use Online Banking or any feature of Online Banking or the cancellation or suspension by us of your right or the right of your administrator or any authorized user to use Online Banking, any feature of Online Banking or any means of accessing Online Banking (for example, a mobile banking device), we may process any order given through Online Banking. The cancellation or suspension will not affect any of your obligations under this agreement. For example, you will remain liable under Sections 24 and 25 of this agreement.
34. Notices. Any notice or other communication or document concerning this agreement or Online Banking that is sent to you by us or on our behalf may be sent in any way allowed by applicable law (for example, electronic mail or facsimile). If sent by mail, the notice or other communication or document will be sent to your current mailing address shown in our records concerning Online Banking and may be sent by regular mail. If sent by electronic mail, it will be sent to your current electronic mail address shown in those records. If sent by facsimile, it will be sent to your current telephone number for receipt of facsimiles shown in those records. If your mailing address, electronic mail address or telephone number for receipt of facsimiles changes, you or your administrator must promptly notify us of the new mailing address, electronic mail address or telephone number. To notify us of the new mailing address or telephone number, you or your administrator must visit any of our offices, call us at 414-475-1690 or write to us at The Equitable Bank SSB, 2290 N. Mayfair Rd. Wauwatosa, WI 53226, Attention: Customer Service Department. To notify us of the new electronic mail address, you or your administrator must change the electronic mail address in your profile for the banking feature of Online Banking. Except as otherwise provided in this agreement or by applicable law:
a. Any notice or other communication or document concerning this agreement or Online Banking that is sent to you by us or on our behalf will take effect when it is sent; and
b. Any notice or other communication or document concerning this agreement or Online Banking that is sent to us by you or on your behalf must be in writing and sent by mail or courier to The Equitable Bank SSB, 2290 N. Mayfair Rd. Wauwatosa, WI 53226 or any other address we specify and will not take effect until we receive it and have a reasonable time to act on it.
35. Limitation on obligations. Except to the extent required by applicable law, we will not have with respect to Online Banking any obligation to you not expressly stated in this agreement.
36. Reliance on instructions, information and documents. Except to the extent required by any security procedure, we may treat as given by you or on your behalf and rely on any instruction to us or any information or document with respect to Online Banking that we in good faith believe to have been given or provided by you or on your behalf, and we will not have any obligation to verify that the instruction to us, information or document was actually given or provided, or was authorized to be given or provided, by you or on your behalf or that the instruction to us, information or document is accurate or complete.
37. Electronic mail. We will not have to take any action based on any message sent to us by electronic mail until we receive and have a reasonable time to act on the message. Electronic mail must not be used to communicate to us information that is urgent or requires a prompt response or prompt action (for example, a stop payment order or a report of an unauthorized transaction involving a deposit account or line of credit account).
38. Reasonable time to act. A reasonable time for us to act on any instruction to us or any information or document concerning this agreement or Online Banking that is received by us from you or anyone acting on your behalf will not end until at least the close of business on our second business day after our business day we receive the instruction to us, information or document.
39. Financial and other information. If there is any unfavorable change in your financial condition, you must promptly notify us of the change. Whenever we ask you to do so, you must submit to us a financial statement in a form satisfactory to us and all other information we ask for concerning your financial or business affairs or the financial or business affairs of any business that you own or operate.
40. Credit information. We may investigate your credit record and obtain any credit report that we consider to be necessary or appropriate in connection with any aspect of our dealings with you with respect to Online Banking (for example, considering whether to cancel or suspend your right to use Online Banking and investigating any dispute concerning any transfer of funds or payment ordered through Online Banking). We may furnish, and you irrevocably consent to our furnishing, information concerning any aspect of our dealings with you with respect to Online Banking to other financial institutions, credit reporting agencies and merchants.
41. Obtaining of information. You irrevocably consent to the obtaining by us or any agent of ours of any information that we consider or the agent considers to be necessary or appropriate to complete any transfer of funds or payment ordered through Online Banking or to resolve any error concerning the transfer or payment.
42. Monitoring and recording of instructions. In the regular course of our business, we or any agent of ours may monitor and record, and you irrevocably consent to the monitoring and recording by us or any agent of ours of, any instruction to us, regardless of how the instruction to us is communicated or transmitted.
43. Transfer of claims. If we credit any deposit account or line of credit account of yours with us or reimburse you in any other way for any amount in connection with any transfer of funds or payment made using Online Banking that you claim should not have been charged against the account (for example, because of a dispute concerning the transfer or payment or because of any possible illegal, fraudulent or unauthorized use of Online Banking), you transfer to us each claim (other than a tort claim) that you have against anyone involved in the transfer or payment, you must not pursue the claim without first obtaining our permission in writing, and you must assist us in any way we ask in our pursuing the claim.
44. Changes in agreement or operating, security or error detection procedure. No change in this agreement or any operating procedure, security procedure or error detection procedure can be made except as provided in this section. We may change this agreement or any operating procedure, security procedure or error detection procedure. Unless applicable law requires otherwise, we will send you a notice of the change or post it on the Online Banking section of our website and, unless we determine that the change is required by an emergency (for example, a breach or potential breach of security), will do so at least 30 days before the date the change takes effect. If any notice of the change that we send to you is returned to us as undeliverable, the change will still take effect.
45. Changes in Online Banking. We may change Online Banking by adding, deleting or changing any feature of Online Banking. Unless applicable law requires otherwise, we will send you a notice of the change or post it on the Online Banking section of our website and, unless we determine that the change is required by an emergency (for example, a breach or potential breach of security), will do so at least 30 days before the date the change takes effect. If any notice of the change that we send to you is returned to us as undeliverable, the change will still take effect.
46. Changes in fees. We may establish a new fee or change an existing fee that you must pay in connection with Online Banking. If we establish a new fee or increase an existing fee that you must pay in connection with Online Banking, we will send you a notice of the new fee or increase or post it on the Online Banking section of our website at least 30 days before the date the new fee or increase takes effect unless applicable law requires otherwise. If any notice of the change that we send to you is returned to us as undeliverable, the new fee or increase will still take effect. We will not have to notify you if we decrease or eliminate an existing fee that you must pay in connection with Online Banking.
47. No notice or loss of rights. We may exercise, waive, fail to exercise or delay exercising any of our rights under this agreement, with respect to Online Banking or against any person or property without notifying you or anyone acting on your behalf. By on any occasion exercising, waiving, failing to exercise or delaying the exercise of any of our rights under this agreement, with respect to Online Banking or against you or any property belonging to you or acquired by you in the future, we will not lose that right on any other occasion or lose any other of those rights.
48. Waiver of rights by us. None of our rights under this agreement, with respect to Online Banking or against you or any property belonging to you now or acquired by you in the future can be waived by us except in a writing signed by us.
49. No transfer by you. You may not transfer any of your rights and obligations under this agreement or with respect to Online Banking to anyone else. Any transfer of any of those rights and obligations will be void.
50. Transfer by us. We may transfer any of our rights and obligations under this agreement or with respect to Online Banking to anyone else.
51. Permitted actions. We will not be obligated to take or liable for not taking any action in connection with Online Banking that this agreement or applicable law allows but does not require us to take. Except to the extent limited by this agreement or applicable law, we may at any time, in our sole discretion, for any reason and without notifying you or obtaining your consent, take any action in connection with Online Banking that this agreement or applicable law allows us to take. For example, except to the extent limited by this agreement or applicable law, we may at any time, in our sole discretion, for any reason and without notifying you or obtaining your consent, cancel or suspend your right or the right of your administrator or any additional user to use Online Banking, any feature of Online Banking or any means of accessing Online Banking (for example, a mobile banking device), refuse to honor any order to make a transfer of funds or payment given through Online Banking or change this agreement or any operating procedure, security procedure or error detection procedure.
52. Rights under agreement. Our rights under this agreement are in addition to, and not in place of, all rights given us by applicable law.
53. Conflicts. If any part of this agreement conflicts with applicable law, that law will control, and this agreement will be considered changed to the extent necessary to comply with that law.
54. Continued effectiveness. If any part of this agreement is determined to be invalid, the rest of this agreement will remain in effect.
55. What law applies. Any legal question concerning this agreement, Online Banking or any matter in dispute between you and us that arises in any way from Online Banking or your entering into this agreement will be decided in accordance with, to the extent applicable, federal law and, to the extent that federal law is inapplicable, Wisconsin State law without regard to the law of any other state or other jurisdiction.
56. Entire agreement. Except for any agreement between you and us concerning any feature of Online Banking, any approved deposit account, any other deposit account of yours with us, any approved loan account, any line of credit account or other overdraft facility with us to which any approved deposit account or other deposit account of yours with us is tied, transfers of funds or payments to or from any approved deposit account or any other deposit account of yours with us (for example, an agreement between you and us governing transfers of funds through an automated clearing house or by a wire or intrabank transfer), any approved loan account or any line of credit account or other overdraft facility with us to which any approved deposit account or any other deposit account with us is tied or any operating procedure, security procedure or error detection procedure, this agreement is the final and complete agreement between you and us concerning Online Banking. If any part of any agreement described in the preceding sentence is incompatible with any part of this agreement, the part of this agreement will control. Any statement concerning Online Banking made by any of our employees or anyone else is not part of this agreement. This agreement replaces any other agreement now existing between you and us concerning Online Banking.
57. Waiver of trial by jury. YOU IRREVOCABLY WAIVE ANY RIGHT YOU HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING BY US AGAINST YOU OR BY YOU AGAINST US INVOLVING THIS AGREEMENT, ONLINE BANKING OR ANY MATTER IN DISPUTE BETWEEN YOU AND US THAT ARISES IN ANY WAY FROM ONLINE BANKING OR YOUR ENTERING INTO THIS AGREEMENT.
58. Agreement. By enrolling in Online Banking, using Online Banking or allowing anyone else to have any identifier or to use Online Banking, you agree to be bound by all provisions of this agreement, all our instructions and requirements concerning Online Banking and all legal terms and conditions contained on our website. Also, if your administrator or any additional user uses Online Banking or allows anyone else to have any identifier or to use Online Banking, you agree to be bound by all those provisions, instructions, requirements and legal terms and conditions.

 
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