O2 Digital Banking Terms & Conditions 

INTRODUCTION

This O2 Digital Banking Agreement and Disclosure governs your use of O2 Digital Banking. Throughout this website the Agreement, Disclosure, and all related documents will be referred to as "Agreement". By using O2 Digital Banking, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records.

DEFINITIONS

You or Your - The person(s) subscribing to or using O2 Digital Banking.

We, Us, or Our - Refers to Old Second National Bank, and any agent, independent contractor, designee, or assignee Old Second National Bank may involve in the provision of O2 Digital Banking.

Business Day - Any calendar day other than Saturday, Sunday, and any federal holidays recognized by us.  In the event the bank closes prior to our daily processing cut off times, all Online Banking customers will be notified.  Bill payments are processed on all business days other than Saturday, Sunday and any holiday recognized by the Federal Reserve (“federal holidays”) and when both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.  Business Day Cut-Off - Our primary banking offices are located in Aurora, IL, and we base our business day on the Central Daylight Time zone. For posting purposes, we will process all transfer files completed by 7:00PM CT on that business date. Transfers completed after 7:00PM CT may be processed on the following business day.   Transfers do not get processed on federal holidays.  If a scheduled transfer falls on a non-business day, it will be processed on the business day before the non-business day.

We will process payments entered through our Bill Payment system by 7:00am and 2:00pm CT on that business day. Payments entered after the cutoff times will be processed on the following business day. Payments do not get processed on non-business days. If a scheduled payment falls on a non-business day, it will be processed on the Friday before the non-business day, or the last business day before the non-business day.

Privacy Statement - Privacy is important to our customers. We have taken steps designed to ensure security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained from our website at https://www.oldsecond.com/main/privacy-policy/.

ACH (Automated Clearing House)-Refers to an electronic network used by financial institutions to process debit and credit transactions in batches. ACH transactions allow funds to be transferred electronically between bank accounts, including but not limited to direct deposits, bill payments, and recurring or one-time electronic payments or transfers.

Average Federal Funds Rate- Refers to the arithmetic average of the daily Federal Funds Rate, as published by the Federal Reserve Bank of New York and reported in The Wall Street Journal, for each day within the applicable period.

 Effective Entry Date-Refers to the settlement date with respect to a particular Entry.

Entry and Entries-Refers to the data received from the User(s) under this Agreement, from which, the Bank uses to prepare the transaction for the transfer of funds to or from other Participating Depository Financial Institution.

NACHA-Refers to the National Automated Clearing House Association, the organization that establishes and administers the rules governing Automated Clearing House (ACH) transactions.

Participating Depository Financial Institution-Refers to any financial institution that, in accordance with applicable agreements, either receives ACH Entries for posting to its depositors’ accounts or initiates ACH Entries on behalf of its customers.

Time- All references to time in this Agreement refers to Central Time.

 

ABOUT O2 DIGITAL BANKING

Old Second National Bank's O2 Digital Banking consists of an Online Banking website that provides a number of financial services to its customers.

The O2 Digital Banking system currently may provide you with the following services:

• Account Inquiries, Balances, etc.
• Transaction History
• Transaction Downloads
• Account Transfers
• Secure Applications
• View Detailed Transactions
• Various Bookkeeping Services
• Payments to our Loan Accounts
• Account Alerts

If you select O2 Bill Payment, these additional functions are available:

• One-time Payments
• Fixed Recurring Payments
• Variable Recurring Payments

Additional fees may apply. Please contact your account officer for information.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING O2 DIGITAL BANKING SOFTWARE OR SERVICES OR BROWSER INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

INTERNET SECURITY INFORMATION

Old Second National Bank’s O2 Digital Banking system utilizes a comprehensive security strategy designed to protect your accounts and transactions conducted over the Internet. In addition to our login security, we use the SSL (secure socket layer) encryption technology for everything you do in the O2 Digital Banking system. This technology is automatically activated by your browser when it attempts to connect to our system. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. When locked, your communications are scrambled from your browser to our servers at all times to help prevent an unauthorized party from reading the information as it is carried over the Internet. The Online Banking service can be accessed using the most current and prior major release of the following browsers:

• Microsoft Edge
• Firefox
• Safari - Apple/Mac Users only
• Google Chrome

During your use of the O2 Digital Banking system, we will pass a "cookie" to your browser for identifying you during the session. We do not (and cannot) use our cookies to obtain new information about you or to read information stored on your hard drive. A "cookie" is a way for websites to recognize whether you have visited the site before. It is a piece of data given to a browser by a web server, so that the browser will hand it back to the server on subsequent visits. When you log into the system, this cookie enables us to process multiple transactions during the session without you having to provide your O2 Digital Banking ID and password for each individual transaction. When you log off, or after ten minutes of inactivity, the cookie is no longer accepted and must be renewed by re-entering your password. A new cookie is used for each session. That way, no one can use the cookie to access your account. We are not responsible for the security of the information stored on your personal computer. We strongly encourage our customers to clear the cache on their computers immediately after conducting financial transactions over the internet. Please use your browser help function for instructions on doing so.

In addition to the security measures described above, there may be other security notices posted on the website regarding security issues. It is your responsibility to read all applicable notices. One of the main security features regarding the use of the O2 Digital Banking system is the ID and password. It is important that you keep your password secret. We will not be liable for any losses resulting from you permitting other persons to use your O2 Digital Banking ID and password to access the system or failing to clear the cache from your browser session. If you have more questions about our security systems for conducting transactions safely over the Internet, please contact us.

BROWSER OPTIONS

We recommend your browser settings be set so your browser will check for new versions of Temporary Internet files every time you start your browser.

REGISTRATION PROCESS

The O2 Digital Banking service requires that the customer complete the initial registration process. This involves completion of the enrollment form that will identify you to Old Second National Bank and provide certain information that we will need to enable the service. We will verify the information you submit for accuracy and authorizations.

LOGIN SECURITY

At the time you request the service, we will provide you with a unique "Username" and “Password" that will be used to gain access to the system. Prior to activation, we will verify your identity and authorization to information associated with the accounts that you requested through the service. You must change your password on your first successful login.

To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 10 minutes. This helps protect you in the event that you accidentally leave your computer unattended after you've logged on.

Because your password is used to access your accounts and we are entitled to act on instructions received under your password, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone.

Our online security feature allows us to identify the computer(s) you normally use to log on. To assist in preventing someone from accessing your accounts from an unknown computer, we may occasionally need you to verify your identity when you login. This is done by enabling two factor authentication the first time you access the service.  An email address or cell phone number is entered and a verification code is sent to complete your login process.  We will never ask you to e-mail your personally identifiable information such as your social security number or account number.

ACCOUNTS

You may request to access any account on which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the service, you agree to maintain one or more accounts with us and to keep sufficient balances in your account to cover any transactions and fees that are ultimately approved by or related to the system. We will not be obligated to act on any withdrawal instructions from you if you do not have sufficient funds, including overdraft lines of credit, available in the account you designate. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your ID and password are authorized unless we have been notified to cancel the service. Once an account is added, regardless of which of the primary or secondary contacts is the owner, responsibility must be taken by all account holders for all transfers, withdrawals, bill payments, etc. Minor account owners will require the approval of the primary owner prior to debit transfer access being approved.

FEES FOR THE O2 DIGITAL BANKING SERVICE

The O2 Digital Banking and O2 Bill Payment service is free for all customers, however, some services used within these services can incur fees as described in the Deposit Service Fee Schedule. Business customers who utilize treasury services may incur additional fees.

CANCELLATION OF O2 DIGITAL BANKING

Your O2 Digital Banking may be canceled at any time by us in whole or in part without prior notice to you due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate the O2 Digital Banking service, you must reapply for the service.  Canceling O2 Digital Banking will also terminate any services associated with the product, such as Bill Payment, eStatements, External Transfers and P2P Payments.

BALANCE INQUIRIES, BILL PAYMENTS AND TRANSFERS LIMITATIONS

You may use O2 Digital Banking to check the balance of your accounts and to transfer funds among your accounts. There are currently no limits to the number of transfers or bill payments from your Checking Accounts or savings accounts. Currently, the bill payment service is limited only to Checking Accounts. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact us. The balances are updated in "real- time" and the system will display the most current "as of" date on the "accounts" summary page. Situations may occur that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction on which to base our approval. Any information you receive from us through O2 Digital Banking is believed to be reliable. However, it can only be provided on a best efforts basis for your convenience and is not warranted or guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.

ACCOUNT ALERTS

You may use O2 Digital Banking to receive Account Alerts based on specific criteria that you enter in the Alert Preferences section.  You can choose to receive your Alert notification upon signing into O2 Digital Banking, via Email or Text Message.  Providing your mobile phone number and carrier information for text alerts indicates your agreement to our sending text messages to you through your wireless carrier.  We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. 

SPECIAL INFORMATION ABOUT THE STOP PAYMENT SERVICE

The O2 Digital Banking system includes an option that provides a means to securely forward your stop payment to us for processing. Generally, requests received from the system will be processed within one business day using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact us directly by telephone or in person. Additional terms of acceptance or disclosures may apply on the Stop Payment service and these terms will be disclosed at the time that you complete the request. The Stop Payment feature is designed to submit a request to stop payment on checks you have written. We do not guarantee the ability to successfully stop a payment within the first 24 hours from the time of the request due to timing issues. The stop payment order is effective for only six months, unless it is renewed in writing. Once a stop payment order expires, the Bank may pay the item. There may be additional fees associated with some of these services. This service is not available to cancel the payments scheduled through the bill payment service. If you have a problem or need to cancel a bill payment, you will need to contact us.

BILL PAYMENT SERVICE

It is easy to pay bills online. Simply set up your Payees by choosing from our large database of electronic vendors that already exist. If your vendor is not listed in our electronic database you may enter the Payee as a check payment. We should be able to process payments to any payee that has a U.S. Postal address.

PAYMENT LIMITS

You can authorize us to remove funds from your designated Pay From account for all Bill Payments that you initiate.  You agree to have sufficient available funds on the Send On date or Bill Payment date for each such Bill Payment you schedule.  NSF bill payments will be treated like any other NSF item presented to the bank for payment. Repeated occurrences of NSF bill payments may result in suspension or cancellation of bill payment privileges.

The minimum Bill Payment allowed is normally $1.00.  The maximum total dollar amount of all bill payments is $100,000.00 in the aggregate attributable to any Business day.

SCHEDULING PAYMENTS 

Please note the following when scheduling Bill Payments through O2 Digital Banking:

• Payments entered on our system after our cut-off times, 7:00am and 2:00pm CT each business day, will not be processed until the next Business Day.
• Payments do not get processed on holidays or weekends. If a scheduled payment falls on a holiday or weekend, it will be processed on the Friday before the weekend, or the last business day before the holiday.
• If we have to send a paper check in the U.S. Postal System, we typically suggest a Pay On Date that’s at least ten (10) full business days prior to the date that you would like the payee to receive the payment for processing at their address. We are not responsible for postal delays.
• Electronic payments will either process through ACH or by virtual card. The goal is to deliver your payment securely, using the fastest method available for your payee. If the payee accepts the payment electronically, we generally suggest a Pay On Date that’s at least three to four (3-4) full business days prior to the date you would like the payee to receive the payment.
• Our system assumes the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor would result in additional delay before the payment would show on their records. We are not responsible for processing delays by the payee.

NO DUTY TO MONITOR PAYMENTS 

We do not have any duty to monitor payments made through the Bill Payment service. If you are a business and an authorized representative of yours uses your Bill Payment service to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees, and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

OUR LIABILITY FOR INCOMPLETE TRANSACTIONS

It is our responsibility to process all bill payments properly initiated through the O2 Digital Banking system in accordance with this Agreement.  If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance: 

• If, through no fault of ours, you do not have enough money in your account to make the transfer.  If the transfer would go over the credit limit on your overdraft line.
• If the automated teller machine where you are making the transfer does not have enough cash.
• If you believe that an electronic fund transfer has been made without your permission using information from your check.
• Funds are subject to legal process or other encumbrances restricting the payment or transfer.
•   If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.  Any information provided by you about the Payee is incorrect.
• There are any delays in the handling or processing of the payment by the Payees or merchants through no fault of O2 Digital Banking or our service providers.
• If circumstances beyond our control (such as fire or flood or tornado) or other uncontrollable circumstances (for example, mail delays, power failures, Internet or electronic funds systems failures, strikes, acts of war or terrorism)  prevent the transfer, despite reasonable precautions that we have taken. 
• Other applicable laws and/or regulations exempt us from liability.
• It can be shown that you were attempting to defraud us.
• It can be shown that the delay was caused by the U.S. Postal Office.
• We are not responsible for processing delays by the payee.
• There may be other exceptions stated in our agreement with you.

In no event shall the Bank be liable for any direct, consequential, incidental, special or indirect losses or other damages, which you (the “Customer”) may incur or suffer as a result of fraudulent activity to your account(s), identity theft of any sort, or any damage to your computer or telephone service resulting from your use of the Internet to perform online banking, other financial transactions, or other activities as a result of malicious activity to your computer or other technology that is not part of, and under the direct control of, Old Second National Bank.

PAYMENT GUARANTEE

We will reimburse you up to $50 per payment for any late payment fees or penalties you are charged as a result of O2 Digital Banking failing to deliver a payment to the Payee/Vendor or not receiving a payment by the Due Date if all of the following apply:

• You scheduled the payment before the cut-off time on a transaction date at least ten (10) Business Days prior to the Due Date.
• Information provided to us about the Payee (name, address, account number, and amount) was correct and complete.
• Your account contained sufficient available funds to complete the payment or transaction on the transaction date.
• The Payee was a Business Payee that charges late charges or penalties.
• Late payment fees or penalties were assessed by the Payee, due to the delay of this payment.
• You received no prior notice from the Payee/Vendor that there was a problem with processing payments from our system.
• You received no notice within the ten business day period that would have allowed you to alert us of a problem where we could have taken corrective action to remedy the situation prior to the tenth day.

IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR STRICT LIABILITY OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk.  In no event shall Old Second National Bank or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments.  The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service.  Research of exception payments shall be limited to proof of payment and/or unauthorized payments only.  All other research and resolutions for any misapplied, miss-posted, or misdirected exception payments will be your sole responsibility.

NOTICE OF YOUR RIGHTS AND LIABILITIES

Notify us immediately if your O2 Digital Banking username and password have been compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the password. Telephoning us at the number listed below in the Errors and Questions section is the best way of limiting your possible loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If we are notified within two (2) business days after you discover that your O2 Digital Banking username and password has been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the O2 Digital Banking username and password without your permission, you could lose as much as $500. If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason, (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time. This section applies only to consumer transaction accounts where electronic fund transfers debit or credit your checking, savings, or other asset accounts and are subject to the Consumer Financial Protection Bureau’s Regulation E. We may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.

ERRORS AND QUESTIONS

In cases of errors or questions concerning transactions completed with O2 Digital Banking, do one of the following, as soon as possible:

• Telephone us at 630-892-0202; or
• Write to Old Second National Bank, Attn: EFT Errors or Questions at 37 S. River Street, Aurora IL 60506; or
• Initiate a payment inquiry on your PC via e-mail to: onlinebanking@oldsecond.com
• E-mail us via the secure E-Mail link provided within O2 Digital Banking.

We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:

• Name
• Address
• Account Number and your Online Banking ID
• Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
• Tell us the amount of the error.

For a Bill Payer error tell us:

• Checking account number used to pay the bill
• Payee name
• Date the payment was sent
• Confirmation number
• Payment amount
• Payee account number for the payment in question

We will tell you the results of our investigation within ten (10) business days after we hear from you (20 business days if the transaction involved a new account). If we need more time we may take up to 45 business days to investigate (90 business days if the transaction involved a new account). If we choose to take up to 45 business days, we will give you a provisional credit to your account within ten (10) business days (20 business days if the transaction involved a new account). Your account is considered a new account for the first 30 days following the date the account was opened. Your account will not be considered a new account, provided at the time the account in question was opened, you already had an existing banking relationship with us. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies:

• Where it is necessary for completing transfers;
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
• In order to comply with a summons, subpoena, warrant, or court order;
• If we have your written permission;
• In order to advise third parties of accounts closed for misuse;
• To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service;
• To send a notice of dishonor or nonpayment;
• To our accountants and/or bank regulators;
• To furnish information to the appropriate law enforcement authorities when we reasonably believe we have been the victims of a crime;
• To furnish information about the existence of an account to a judgment creditor of yours who has made a written request for such information;
• When we are attempting to collect an obligation owed to us; or
• As may otherwise be permitted or required by law.

PERIODIC STATEMENT

You will get a monthly account statement from us, unless there are no transactions in a particular month.  In any case you will get a statement quarterly.  You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. 

NO SIGNATURE REQUIREMENTS

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

VIRUS PROTECTION

Old Second National Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

TERMINATION

The Bank may terminate this Agreement at any time, with or without cause, by providing notice to the User(s). The Bank may terminate this Agreement immediately and without notice if the User(s) breach any obligation under this Agreement.

The User(s) may terminate this Agreement, including the use of O2 Digital Banking, at any time by providing at least ten (10) Business Days’ prior written notice to the Bank. Notice may be provided by mail to 37 S. River St., Aurora, IL 60506, by email to onlinebanking@oldsecond.com, or by personal delivery.

Termination of this Agreement shall not affect any rights of the Bank or obligations of the User(s) with respect to Entries initiated prior to the effective date of termination. Termination does not relieve the User(s) of any obligations under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

ASSIGNMENT

This Agreement may not be assigned to any other party by you. We may assign or delegate, in part or in whole, to any third party.

OWNERSHIP OF MATERIAL

Old Second National Bank’s O2 Digital Banking is a product of Jack Henry & Associates, Inc. Unauthorized reproduction in whole or part is prohibited.

AMENDMENTS

Terms and conditions of this Agreement may be amended in whole or part at any time within 30 days’ written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. If you use O2 Digital Banking after a change becomes effective, you have agreed to any and all changes. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.

ENTIRE AGREEMENT

Accounts and services provided will continue to be subject to any separate agreements governing them, except where noted in this Agreement, and the following:

• Our rules, procedures, and policies applicable to each account and each service;
• The rules and regulations of any funds transfer system used in connection with O2 Digital Banking; and
• Applicable state and federal laws and regulations.

This Agreement supplements those and any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede. Your use of O2 Digital Banking is considered your acceptance of these terms and conditions.

ONLINE FINANCIAL MANAGEMENT

This Online Financial Management Agreement governs your use of Online Financial Management (“OFM”). This Agreement and all related documents will be referred to as "Agreement." By using OFM, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records.

About OFM

OFM allows you to view and keep track of your financial information, including accounts at various websites, all in one place. Benefits of OFM include:

• Ability to track accounts and categorize transactions
• Retain and review account, transaction, budget and goal history
• Assist in building net worth by tracking toward a budget or goal
• Monitor activity through alerts

Usage of Third Parties

You may add accounts from other websites through which you maintain other accounts. When you use OFM to access a third-party website you designate, you agree that you are a legal owner of the accounts with the requisite authority to access such other accounts whether for OFM or directly as you could do in person. You are hereby granting Old Second National Bank the rights to access the accounts you give us access to for the purposes of accessing the same and operating OFM. You hereby appoint Old Second National Bank as your agent for this specific purpose only. Old Second National Bank and OFM do not have the capability to initiate transactions affecting your financial accounts, and we have no responsibility for such transactions. The information displayed from outside websites is not controlled by OFM or Old Second National Bank. You agree that only third parties are responsible for accounts outside of Old Second National Bank and if you have any problems, you should contact them directly. You represent to Old Second National Bank and agree that you will abide by all terms and conditions of any agreement you may have with any third parties, and you agree you are fully aware of and solely responsible for any and all fees and costs associated with any such third-party account. You agree to provide information for OFM that is accurate and up to date without any misrepresentations or omissions. You agree that you shall continue to provide accurate data for as long as you have use of the OFM service.

Old Second National Bank and OFM is not endorsed by any third-party account providers, excluding any Old Second National Bank affiliates. OFM AND ALL INFORMATION ACCESSED BY OFM IS FOR YOUR CONVENIENCE ONLY AND FOR INFORMATION PURPOSES AND IS NOT MEANT FOR YOUR TRADING OR TRANSACTION PURPOSES. Old Second National Bank reserves the right, though not the obligation, to prevent access to any third-party websites through OFM at our sole discretion. OFM data obtained from third party accounts may not be accurate or up to date and you agree that Old Second National Bank is in no way responsible for the accuracy of such data or any errors or delays in the data content, nor responsible for any action you may take in relying on such data. Further, Old Second National Bank is not liable for any damages or costs of any kind incurred in connection with your use of any third-party account or its provider’s services. Old Second National Bank is not an agent of any third party for any third-party account we access for you. YOU AGREE THAT OLD SECOND NATIONAL BANK IS ONLY ACTING AS YOUR AGENT WITH REGARD TO THESE THIRD-PARTY ACCOUNTS AND FOR THE LIMITED PURPOSES STATED HEREIN AND NOT AS AN AGENT OF ANY THIRD PARTY. You agree to receive and use OFM without any warranties whatsoever as to completeness or content. You agree that OFM is provided without warranty and that OFM has been priced accordingly.

Commercial Use Prohibited

You agree that you will not utilize OFM for any purpose other than personal, and you agree you will not market, commercialize or resell the services of OFM in any manner.

Indemnification

Notwithstanding anything to the contrary herein, you agree to defend, hold harmless and indemnify Old Second National Bank and our affiliates and service providers from any and all third party claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, arising from your use of OFM and your violation of any of the terms of this Agreement.

Incorporation of Terms

The terms of Old Second National Bank’s general terms of use regarding our website, Old Second National Bank’s Privacy Policy, Old Second National Bank’s Online Banking Terms & Conditions, and your Deposit Account Terms and Conditions Agreement associated with your Old Second National Bank deposit account(s), as each may be amended from time to time, are each hereby incorporated as part of the OFM terms and conditions use.

 
O2 DIGITAL BANKING ACH EXTERNAL TRANSFER

This External Transfer Agreement (“Agreement”) is entered into on the date it is accepted through O2 Digital Banking by and between the user(s) (“User”) and Old Second National Bank, its successors and assigns (“Bank”).

The User may initiate electronic funds transfers (“External Transfers”) through the Bank’s O2 Digital Banking service, subject to the terms of this Agreement. External Transfers are limited to transfers between accounts owned by the User and consist of the following:

1. Outbound Transfers – Transfers of funds from a checking or savings account held by the User at the Bank to a checking or savings account held by the User at another participating depository financial institution.
   
   
2. Inbound Transfers – Transfers of funds from a checking or savings account held by the User at another participating depository financial institution to a checking, savings, and/or eligible loan account held by the User at the Bank.

External Transfers may only be initiated for personal, non‑commercial purposes and may not be used for payment to third parties, business transactions, or transactions prohibited by law or Bank policy.

All External Transfers will be initiated based on instructions provided by the User through O2 Digital Banking. The User represents and warrants that they are authorized to initiate transfers to and from the designated external accounts.

The Bank agrees to process, transmit, and settle External Transfers that are properly authorized and that comply with this Agreement, applicable law, and network rules. The Bank reserves the right to reject, restrict, suspend, or reverse any transfer that does not meet these requirements or presents fraud, security, or operational risk. 

Processing

The Bank shall not be obligated to process, transmit or settle Entries unless all of the following requirements and conditions have first been satisfied or are waived by the Bank in its sole discretion:

1. The total number and aggregate dollar amount of Entries submitted by the User(s) to the Bank for settlement on any one day shall not exceed the standard limits established by the bank. A request over the standard limits shall be subject to the pre-approval.
   
   
2. All Entries for today’s Business Day must be received by the Bank prior to its 2:00 p.m. Central Time cut-off in order to be processed on today’s Business Day.  In addition, the Effective Entry Date for each Entry must not be more than 10 Calendar Days after receipt of the Entry by the Bank.  Transfers are not processed on federal holidays.  If a scheduled transfer falls on a non-business day, it will be processed on the business day before the non-business day.
   
   
3. All Inbound Transfer Entries may not be available to User(s) for a minimum of three (3) Business Days.
   
   
4. User(s) must have sufficient available funds for all Outbound Transfer Entries at the time the Entry is processed.

External Transfer Requests

Both outgoing and incoming transfers options are provided. An outgoing transfer is used when funds will be transferred from your Old Second account to your external account. An incoming transfer is used when funds will be transferred from your external account to your Old Second account. Customers wishing to perform External Transfers may enroll online and the auto verification method is used. One or two small deposits will be made to each external account.  The amounts must be confirmed by typing the values of the deposits within the O2 Digital Banking service. Once the amounts are entered, the account is approved. The transfer limit is $2,500 with up to 3 transfers allowed per day. Bank approval is required for any transfer requests over the $2,500 default limit.

1. No Implied or Mandatory Waivers. Waiver of any of the requirements identified above shall always remain completely discretionary with the Bank. Waiver by the Bank of any requirement with respect to one or more Entries on one or more occasions shall not create a requirement or give rise to a presumption of future waivers with respect to other Entries. The Bank shall never be obligated to waive any of the requirements based on a pattern or practice of waivers, or based upon any verbal agreements, understandings or representations that such waivers would be made.
   
   
2. Rejection of Entries. The Bank may reject any Entry for any reason. The Bank shall notify the User(s) of such rejection by no later than the Business Day after the Effective Entry Date for a rejected Entry. The Bank shall not be liable to the User(s) for (a) the rejection of an Entry, (b) the User(s) failure to receive or delay in receiving notice given by the Bank, (c) the Bank’s choice of one means of notification rather than another, or (d) the failure to give notice of the rejection to the User(s) at an earlier time than provided herein. The Bank shall not be required to pay the User(s) interest or any other losses relating to a rejected Entry.
   
   
3. Inconsistent Entries. If an Entry transmitted by the Bank to a Participating Depository Financial Institution describes the User(s) inconsistently by name and account number, the Participating Depository Financial Institution might make payment solely on the basis of the account number, even if it identifies a party different from the User(s). The User(s) understands and acknowledges that its obligations for this Entry are not excused by such circumstance.
   
   
4. Account Ownership; Amendments. The User(s) agrees to immediately notify the Bank of any changes in ownership on all account(s) governed by this Agreement. The Bank reserves the right to suspend transfers until such time as verification of ownership is confirmed. User(s) agrees to immediately refund the Bank for funds arising out of or in connection with any disputed Outbound or Inbound Transfers.
   
   
5. Cancellation or Amendment of Entries. The User(s) shall have no right to cancel or amend an Entry after it has been delivered to the Bank. Any request for cancellation or amendment of an Entry must be submitted in writing and signed by the User(s). If such a request is received by the Bank before the affected Entry has been transmitted to the ACH, the Bank will use reasonable efforts to cancel or amend the Entry as requested, but the Bank shall have no liability if the cancellation or amendment is not affected.
   
   
6. Reversals. The User(s) may initiate a reversing Entry or file of Entries, and the Bank will use reasonable efforts (though the Bank is not required to accept any request for reversal) to effect a reversal of an Entry or file of Entries if (a) the account holder of the reversing Entry must have been notified of the reversal, and the reason for the reversal, no later than the settlement day of the reversal, (b) it is accompanied by a Reversal/Cancellation Request form, properly signed by the User(s), and (c) in compliance with the Operating Rules of NACHA, as applicable. For both reversing Entries and files, the User(s) indemnifies all parties to the transaction(s) from and against any claim, demand, loss, liability or expense.
   
   
7. Notice of Returned Entries. The Bank shall notify the Company of the receipt of an Entry returned by the ACH no later than one (1) Business Day after the Bank’s receipt of the returned Entry, provided that the Bank shall have no liability for any failure or delay in providing such notice.  Unless otherwise agreed to in writing, the Bank shall have no obligation to re-execute or retransmit a returned Entry.
   
   
8. Security Procedures. The User(s) has the sole responsibility to establish and maintain procedures to adequately safeguard against unauthorized Entries. The User(s) agrees to comply with the security procedures described in User(s) original O2 Digital Banking Terms & Conditions, and your use of any of the services hereunder or otherwise governed by the O2 Digital Banking Terms & Conditions indicates your agreement that such security procedures are commercially reasonable.  The User(s) warrants that no other person(s) will be allowed to initiate Entries other than the User(s), and the User(s) agrees to take all reasonable steps to maintain the confidentiality of any user IDs, passwords, codes, security devices and related instructions provided by the Bank in connection with the services agreed to hereunder. If the User(s) believes or suspects that any security information or instructions are known, compromised, lost, stolen or have been accessed by unauthorized persons, the User(s) shall notify the Bank immediately. Telephoning the Bank at the number listed in Section 16 hereof is the best way of limiting your possible loss. Failure to notify the Bank immediately could result in the loss of all money in your account (plus your maximum overdraft line of credit, if you have one).

An Entry (including a request for cancellation or amendment of any Entry) or other communication delivered to the Bank that purports to have been submitted or authorized by the User(s) in accordance with the terms of this Agreement shall be effective and binding upon the User(s) even if the Entry was not in fact authorized by the User(s), provided the Bank has accepted the Entry in compliance with the terms of this Agreement and has acted in good faith.

The User(s) may add or delete any account information at any time by a properly executed amendment to the request form, which shall be effective on the second Business Day following the Bank’s receipt of it.

The User(s) acknowledges the risks associated with internet payments and agrees to maintain the appropriate safeguards on all computers used for ACH and electronic banking, including but not limited to the implementation of reliable and up-to-date malicious code detection systems, regular scanning and eradication of malicious code and intrusion detection systems. In addition, the User(s) will conduct these processes with persons qualified to perform such functions.

If the User(s) chooses to communicate any Entry (including any amendment thereto or cancellation thereof) to the Bank in a manner that varies from the Security Procedures referred to in this Agreement, and if the Bank accepts such Entry in good faith, then the User(s) agrees to be bound by such Entry, whether or not authorized, and the Company will be deemed to have refused to act under this Agreement in compliance with these Security Procedures, and the User(s) will be obligated to pay the Bank the amount of such Entry.  However, the Bank has no obligation to accept any Entry that is not communicated in compliance with these Security Procedures.  The Bank shall not be responsible for refusal to act upon any Entry received which does not comply with this Agreement, including where the Bank’s reasonable efforts to verify the Entry in accordance with these Security Procedures have failed or where such action is delayed until verification can be obtained.

The User(s) Account at the Bank.

1. Outbound Transfers. On any particular day, the User(s) shall have sufficient collected funds available in the applicable User(s) account(s) to pay the amount of all Outbound Transfers originated by the User(s) for which that day is the Effective Entry Date, together with all adjustment entries, fees and other amounts that the User(s) is obligated to pay the Bank under this Agreement.
2. Inbound Transfers. The User(s) shall at all times have sufficient collected funds in the applicable User(s) account(s) to pay the amount of all returned or reversed Inbound Transfers, in addition to the amount stated in subpart (i) above.
3. Right of Setoff; Other Remedies. The Bank may, without prior notice, obtain payment of any amount due and payable to it under this Agreement by debiting the User(s) account(s) maintained by the User(s) with the Bank or any of its affiliates, and may also credit the User(s) account(s) for any amount to which the User(s) is entitled under this Agreement. If there are insufficient funds available in the User(s) account(s) to pay any amount that the User(s) owes to the Bank under this Agreement, the User(s) shall pay any amounts due immediately upon demand. If the User(s) fails to pay when demanded, the Bank may exercise any remedies or rights it has under this Agreement and/or applicable law.
4. In accordance with the operating rules governing NACHA, the Bank is not required to and will not provide the User(s) or Participating Depository Financial Institution(s) with notice of the receipt or execution of User Entries. Entries and other debits and credits to the User(s) account(s) will only be reflected on the periodic statement for the User(s) account(s). If the User(s) discovers an erroneous or unauthorized Entry on the periodic statement, the User(s) will immediately notify the Bank and the Participating Depository Financial Institution. Subject only to those limitations imposed by law, the Bank shall not be liable for any interest or related issues resulting from the User’s failure to give such notice.

User(s) Representations and Warranties

For each Entry that the User(s) delivers to the Bank, the User(s) represents and warrants that: (a) the Entry complies with the terms of this Agreement; (b) the User(s) has not breached any warranty contained in this Agreement; and (c) the Entry complies with all local, state and federal laws and regulations, including but not limited to and as applicable, Regulation E – The Electronic Fund Transfers Act, the operating rules of NACHA, the Uniform Commercial Code (“UCC”), and all Office of Foreign Assets Control (“OFAC”) regulations and policies.

Liability of the Bank; Limitations of Liability

1. The Bank shall be responsible only for performing the services it expressly agrees to perform in this Agreement, subject to all of the limitations provided herein. The Bank shall not be responsible or liable for (a) any acts or omissions of the User(s), including without limitation, the amount, accuracy, timeliness of delivery or the User(s) authorization of any Entry delivered to the Bank, or (b) any acts or omissions of any other person, including without limitation, NACHA, any Federal Reserve Financial Institution, any ACH, transmission or communications facility, any data processor company, or any Participating Depository Financial Institution. No such person or entity shall be deemed the Bank’s agent.
2. If the Bank is notified within two (2) Business Days after the User(s) discovers that their O2 Digital Banking ID and password have been compromised, lost or stolen, the User(s) can lose no more than $50 if someone used it without the User’s permission. If the User(s) fails to notify the Bank within two (2) Business Days after the User(s) discovers that their O2 Digital Banking ID and password have been compromised, lost or stolen, the User’s liability shall not exceed the lesser of $500 or the sum of: (i) $50 or the amount of unauthorized transfers that occur within the two (2) Business Days, whichever is less; and (ii) the amount of unauthorized transfers that occur after the close of two (2) Business Days and before notice to the Bank, provided that the Bank establishes that these transfers would not have occurred had the User(s) notified the Bank within that two-day period.
3. For consumer accounts, if the User’s periodic statement from the Bank shows unauthorized transfers, the User(s) must notify the Bank within 60 days after the statement is mailed or otherwise delivered to the User(s) to avoid liability for subsequent transfers. After 60 days, if the Bank can prove that it could have stopped someone from taking the money had the Bank been notified within the 60 day period, the User(s) may not be entitled to any return of funds from the Bank. If the User(s) delay in notifying the Bank was due to extenuating circumstances, such as a long trip or hospital stay, the Bank may extend the time period specified herein to a reasonable period. This paragraph applies only to electronic fund transfers that debit or credit the User’s checking, savings, or other asset accounts and are subject to the Consumer Financial Protection Bureau’s Regulation E. The Bank may, when applicable, rely on any exceptions to the provisions in this paragraph that are contained in Regulation E.
4. The Bank shall be liable only for direct damages caused by its gross negligence in performing agreed-upon services. In no event shall the Bank be liable for any consequential, special, punitive, or indirect loss or damage, which the User(s) may incur or suffer in connection with this Agreement, including without limitation, any loss or damage from subsequent wrongful dishonor resulting from the Bank’s acts or omissions in performing its services under this Agreement.
5. The Bank shall not be responsible for any failure to act or delay in acting if such failure is caused by legal constraint, the interruption of transmission or communications facilities, computer malfunction or equipment failure, war, emergency conditions, or other circumstances beyond the Bank’s reasonable control. In addition, the Bank shall be excused from any failure to transmit or any delay in transmitting an Entry if such transmittal would, in the Bank’s reasonable estimation, result in the Bank having violated any policy or provision of any present or future risk control program of the Federal Reserve, or any rule or regulation of any other governmental or regulatory authority.
6. Subject to the foregoing provisions, in the event the Bank is found liable for any direct damages caused by its gross negligence, any liability which the Bank may have for loss of interest for an error or delay in performing its services hereunder shall be calculated by using a rate equal to the Average Federal Funds Rate of the Federal Reserve Bank of New York for the period involved.
7. The User(s) shall defend, indemnify, and hold harmless the Bank, and its officers, directors, agents and employees, from and against any and all actions, costs, claims, losses, damages, or expenses, including attorney’s fees and expenses, resulting from or arising out of (a) any breach of any of the agreements, representations or warranties of the User(s) contained in this Agreement (including without limitation, the User’s failure to adequately safeguard against unauthorized Entries); or (b) any act or omission of the User(s) or any other person acting on the User’s behalf, including but not limited to the parties described in the first paragraph of this Section 14. Further, the Bank cannot and will not be responsible for damages resulting from the User’s failure to properly secure their own computing and networking systems from intrusion, malicious code insertion, and other actions that result in compromise to the User’s assets. Accordingly, the User(s) agrees to indemnify and hold Bank and its officers, directors, employees and agents free and harmless from and against all losses and damages incurred as a result of the User’s failure to properly secure their own computing and networking systems, subject only to those limitations of liability imposed by law.  The provisions of this paragraph shall survive termination of this agreement.

Instructions and Notices

Except as otherwise provided herein, any notice to the Bank under this Agreement must be in writing and delivered by messenger or express carrier, or sent by U.S. mail, to Old Second National Bank, 37 S. River Street, Aurora, IL 60506, Attn: Treasury Support Department, unless the Bank provides the User(s) with a substitute address in writing. Any notice shall be deemed given to the Bank when it is actually received by the Bank.

In addition to written notification to the Bank, if the User(s) believes or suspects that any security information or instructions are known, compromised, lost, stolen or have been accessed by unauthorized persons, the User(s) shall notify the Bank immediately by contacting us at (630) 966-2455. Failure to notify the Bank immediately could result in the loss of all money accessible by the password.

Whenever this Agreement provides for the Bank to “notify” the User(s) or give “notification” or “notice” to the User(s), that requirement may be satisfied by telephone, facsimile, electronic transmission (including “e-mail”), messenger or express carrier delivery, or the U.S. mail. Notification shall be deemed given to the User(s) (a) in the case of telephone communication, upon verbally conveying the required information to the User(s) or by leaving a voice-mail or other recorded message; (b) in the case of facsimile or electronic transmission, upon transmission of the required information by the Bank; and (c) in the case of writing, upon its receipt at the User’s address, as said address is reflected in the Bank’s records.

General Provisions

Entire Agreement. This Agreement, the Request Form and the Electronic Fund Transfers (EFT) disclosure (given to you at time of application) constitute the entire agreement between the Bank and the User(s) and supersede all prior agreements or understandings, written or verbal. In the event there is any inconsistency between this Agreement and the Bank’s Terms and Conditions for Deposit Accounts or the Depository Agreement, the terms of this Agreement shall govern.

Amendment by the Bank. Except as provided in Section 12, the Bank may amend this Agreement from time to time upon written notice to the User(s). In the event that performance of services under this Agreement would result in a violation of any present or future statute, regulation or governmental policy to which the Bank is subject, then this Agreement shall be amended to the extent necessary to comply with such statute, regulation or policy. Alternatively, the Bank may terminate this Agreement if it deems such action necessary or appropriate under the circumstances. The Bank shall have no liability to the User(s) as a result of any such violation, amendment or termination.

No Other Modifications. Except as provided in Section 13 and 16(ii) above, this Agreement may only be modified or amended in writing, signed by both parties. Any practices or course of dealings between the Bank and the User(s), or any procedures or operations alterations used by them, shall not constitute a modification of this Agreement, nor shall they be construed as an amendment to this Agreement.

Assignment; Binding on Parties and Successors. The User(s) may not assign its interest or rights under this Agreement without the prior written consent of the Bank, and any purported assignment in violation of this Section shall be void. This Agreement shall be binding upon and effective for the benefit of the parties hereto and their respective legal representatives, heirs, successors and permitted assigns. This Agreement is not for the benefit of any other person or entity, and no other person or entity shall have any rights against the Bank or the User(s) hereunder.

The headings used in this Agreement are for convenience only, and shall not be construed as part of the parties’ agreements and understandings.

Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Illinois without regard to its conflicts of laws rules.  User(s) hereby irrevocably submits to the exclusive jurisdiction of the courts of the State of Illinois located in Kane County, Illinois and the courts of the United States of America for the Northern District of Illinois located in Chicago, Illinois, and User(s) agrees that any legal action or proceeding with respect to this Agreement may be brought in such courts.  User(s) and Bank each hereby irrevocably waive any right to trial by jury in any claim or cause of action arising out of or related to this Agreement.

Financial Information.  For commercial accounts, the Bank may from time to time request financial information from the Company in order to evaluate a continuation of ACH Services under this Agreement and/or adjustment of the ACH Processing Limits.  The Company agrees to provide the requested financial information immediately, of the type and in the form required by the Bank.  If the Company refuses to provide the requested financial information, or if the Bank concludes in its sole discretion that the credit risk of the Company is unacceptable, the Bank may terminate this Agreement as provided herein.

TERMS OF USE AND PRIVACY POLICY

The primary licensor for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the "Provider"). By enrolling in our Service, you hereby agree as follows:

1. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products or services made available to you through the Service.

2. Provider Privacy Policy. Provider may access personal information while you use the Service. Provider may access records held by your financial institution for such information as your phone number, home address or email address. Provider will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, Provider will use the phone number to pre-populate forms that expect a personal phone number for contacting. If you grant permission to use your device’s location, Provider will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, Provider will use that information to add an image to a transaction and add a photo to your profile. If you grant permission to use a camera, Provider will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. In addition to this Provider Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services and products, including such information that may be gathered through use of this Service, such as the “Account Information” and “Registration Information” described below. A copy of that privacy policy is available from your financial institution. 

3. Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information ("Account Information"). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites. 

4. Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately. 

5. Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks. 

6. Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies. 

7. Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

9. Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you. For more information on Google's use of the data, please see the website "How Google uses data when you use our partners' sites or apps located at http://www.google.com/policies/privacy/partners/. 

10. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Illinois, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Illinois and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.