Capital Farm Credit
ONLINE SERVICES AND CONSENT TO ELECTRONIC DISCLOSURE AGREEMENT

IMPORTANT NOTICE: THIS ONLINE SERVICES AND CONSENT TO ELECTRONIC DISCLOSURE AGREEMENT (“AGREEMENT") ”) IS A LEGALLY BINDING CONTRACT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW.

TERMS AND CONDITIONS

1.  METHOD OF AGREEMENT.

IF YOU AGREE TO THESE TERMS AND CONDITIONS, PLEASE INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.

2.  AGREEMENT TO ELECTRONIC COMMUNICATIONS.

WHEN YOU CLICK ON THE “I ACCEPT” BUTTON BELOW AND USE ANY OF THE SERVICES DESCRIBED IN SCHEDULE A, YOU AFFIRMATIVELY AGREE AS TO THE FOLLOWING:
  1. THAT THE ASSOCIATION MAY PROVIDE YOU WITH ANY COMMUNICATION RELATED TO SUCH SERVICES, INCLUDING BUT NOT LIMITED TO, THIS AGREEMENT AND ANY AMENDMENTS OR MODIFICATIONS HERETO, ANY LEGAL OR REGULATORY DISCLOSURES REQUIRED IN CONNECTION WITH THE SERVICES, NOTICES, RESPONSES TO YOUR COMMUNICATIONS, TRANSACTION HISTORY, PRIVACY POLICIES, AND ALL INFORMATION SPECIFICALLY RELATED TO THE SERVICES DESCRIBED HEREIN, BY ELECTRONIC MEANS, RATHER THAN IN PAPER FORM, , UNLESS AND UNTIL YOU WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AS DESCRIBED BELOW;
  2. THAT YOU ARE ABLE TO VIEW THIS AGREEMENT, INCLUDING THIS DISCLOSURE FROM YOUR OWN COMPUTER;
  3. THAT YOU HAVE AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER AND ARE ABLE TO SEND AND RECEIVE E-MAIL WITH HYPERLINKS TO WEB SITES; AND,

3.  YOUR RIGHTS AFTER GRANTING CONSENT.

AFTER GRANTING CONSENT AS DESCRIBED ABOVE, YOU WILL CONTINUE TO HAVE:
  1. THE RIGHT TO REQUEST THAT COMMUNICATIONS RELATING TO THE SERVICES, INCLUDING LEGAL AND REGULATORY DISCLOSURES, BE PROVIDED TO YOU IN PAPER FORM, AS WELL AS,
  2. THE RIGHT TO WITHDRAW YOUR CONSENT FOR THE ASSOCIATION TO PROVIDE OR MAKE AVAILABLE TO YOU COMMUNICATIONS IN ELECTRONIC FORM.

4.  REQUESTING PAPER COPIES; FEES.

AFTER YOU HAVE GRANTED CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS, IF YOU WISH TO HAVE PAPER COPY OF AN ELECTRONIC COMMUNICATION, YOU MAY EITHER PRINT THE ELECTRONIC COMMUNICATION ON YOUR OWN EQUIPMENT, OR SEND A REQUEST TO THE ASSOCIATION BY E-MAIL OR U.S. MAIL WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIVING THE ELECTRONIC COMMUNICATION, ASKING THE ASSOCIATION TO SEND YOU A PAPER COPY OF THE PARTICULAR COMMUNICATION YOU IDENTIFY. THE ASSOCIATION MAY CHARGE YOU A FEE TO COVER THE COST OF STATIONERY, PHOTOCOPYING AND POSTAGE FOR ANY PAPER COPY YOU REQUEST. AT THE DISCRETION OF THE ASSOCIATION, THIS FEE MAY BE CHARGED TO YOUR LOAN ACCOUNT OR BE OFF-SET AGAINST THE BALANCE OF YOUR FUNDS HELD ACCOUNT, IF ANY.

5.  WITHDRAWING CONSENT; CONSEQUENCES.

  1. AFTER YOU HAVE GRANTED CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS RELATING TO THE SERVICES, YOU MAY WITHDRAW YOUR CONSENT BY CONTACTING THE ASSOCIATION AT 877-944-5500, WRITING TO THE ASSOCIATION AT Capital Farm Credit, P. O. Box 6520, Lubbock, Texas 79493-6520, OR E-MAILING THE ASSOCIATION AT DLAgOnline-CapitalFarmCredit@farmcreditbank.com. WITHDRAWAL WILL BECOME EFFECTIVE A REASONABLE PERIOD OF TIME AFTER THE ASSOCIATION’S RECEIPT OF YOUR NOTICE OF WITHDRAWAL.
  2. IF AN E-MAIL COMMUNICATION SENT TO THE E-MAIL ADDRESS YOU HAVE PROVIDED TO THE ASSOCIATION IS RETURNED BECAUSE OF THE ADDRESS IS INVALID OR BECAUSE OF ANY OTHER MALFUNCTION AFTER 3 ATTEMPTS AT DELIVERY, THE ASSOCIATION MAY TREAT THE RETURN OF THE COMMUNICATION AS YOUR WITHDRAWAL OF CONSENT TO ELECTRONIC COMMUNICATIONS.
  3. IF THE SOFTWARE AND HARDWARE REQUIREMENTS FOR RECEIPT OF ELECTRONIC COMMUNICATIONS CHANGE IN THE FUTURE, THE ASSOCIATION WILL NOTIFY YOU, AND YOU WILL HAVE THE OPPORTUNITY TO WITHWRAW CONSENT TO FURTHER ELECTRONIC COMMUNICATIONS AT THAT TIME.
  4. NO FEE WILL BE CHARGED FOR ANY WITHDRAWAL, BUT YOUR RIGHT AND ABILITY TO USE THE SERVICES UNDER THIS AGREEMENT WILL BE TERMINATED.

6.  UPDATING CONTACT INFORMATION.

YOU ARE RESPONSIBLE TO PROVIDE THE ASSOCIATION WITH ACCURATE AND UPDATED E-MAIL ADDRESS AND OTHER CONTACT INFORMATION REQUESTED BY THE ASSOCIATION. YOU MAY PROVIDE UPDATED INFORMATION BY CONTACTING THE ASSOCIATION AT
877-944-5500,
WRITING TO THE ASSOCIATION AT
Capital Farm Credit, P. O. Box 6520, Lubbock, Texas 79493-6520,
OR E-MAILING THE ASSOCIATION AT
DLAgOnline-CapitalFarmCredit@farmcreditbank.com

7. SOFTWARE/HARDWARE REQUIREMENTS.

IN ORDER TO ACCESS, VIEW, AND RETAIN THE ELECTRONIC COMMUNICATIONS THAT THE ASSOCIATON PROVIDES OR MAKES AVAILABLE TO YOU, YOU MUST HAVE:
  • AN INTERNET BROWSER THAT SUPPORTS 128 BIT ENCRYPTION;
  • SUFFICIENT ELECTRONIC STORAGE CAPACITY ON YOUR COMPUTER’S HARD DRIVE OR OTHER DATA STORAGE UNIT, SUCH AS A FLOPPY DISK OR USB DRIVE;
  • AN E-MAIL ACCOUNT WITH AN INTERNET SERVICE PROVIDER AND E-MAIL SOFTWARE;
  • A PERSONAL COMPUTER (FOR PC’S, PENTIUM 120 HHZ OR HIGHER; FOR MACINTOSH, POWER MAC 9500, POWER PC 604 PROCESSOR 12—MHZ BASE OR HIGHER), OPERATING SYSTEM AND TELECOMMUNICATIONS CONNECTIONS TO THE INTERNET CAPABLE OF RECEIVING, ACCESSING, DISPLAYING, AND EITHER PRINTING OR STORING COMMUNICATIONS RECEIVED FROM THE ASSOCIATION IN ELECTRONIC FORM VIA A PLAIN TEXT-FORMATTED E-MAIL OR BY ACCESS TO THE ASSOCIATION’S WEB SITE USING ONE OF THE BROWSERS SPECIFIED ABOVE; AND,
  • A COMPUTER PRINTER ATTACHED TO YOUR COMPUTER SHOULD YOU WISH TO PRINT AN ELECTRONIC COMMUNICATION.
  • IN ORDER TO ACCESS MOBILE BANKING FUNCTION, A MOBILE DEVICE WITH ACCESS TO INTERNET BROWSER IS REQUIRED.

8. SUBSEQUENT MODIFICATIONS.

THIS AGREEMENT AND THE ATTACHED SCHEDULE A MAY BE MODIFIED FROM TIME TO TIME IN THE SOLE DISCRETION OF THE ASSOCIATION. TO THE EXTENT REQUIRED BY APPLICABLE LAW, YOU WILL BE NOTIFIED OF SUCH MODIFICATIONS BY THE POSTING OF A NOTICE ON THE HOME PAGE OF THE ASSOCIATION’S WEBSITE, BY E-MAIL TO AN ADDRESS THAT YOU HAVE PROVIDED TO THE ASSOCIATION, AND/OR BY OTHER APPROPRIATE MEANS. YOUR CONTINUED ACCESS TO AND USE OF THE SERVICES AFTER SUCH NOTIFICATION, SHALL INDICATE THAT YOU ACCEPT THE MODIFIED TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU FIND THE MODIFIED TERMS AND CONDITIONS UNACCEPTABLE, YOU SHOULD CEASE USING THE SERVICES.

9. SERVICES.

  1. This Agreement between you and Capital Farm Credit (“Association”) governs the use of the Association’s online services identified on Schedule A below (the “Services”). Some Services may be performed by third party service providers that render the Services to the Association so that it may in turn provide the Services to you (“Service Providers").
  2. Your access to and use of the Services are at all times subject to the terms and conditions of this Agreement. You agree to access and use Services solely as provided in this Agreement and any other agreements you may have with the Association and/or the Service Providers. Your right to access and use the Services may be suspended or terminated by the Association at any time if, in its sole discretion, the Association believes that you have violated the terms of this Agreement, or if you have not used the Services in more than 3 months. It may become necessary for the Association to suspend or terminate your access to the Services and/or require your re-enrollment in the event that the Association merges with another association or transfers your loan to another association. Your access to the Services may also be terminated if you refinance with another lender.
  3. The Association shall determine in its sole discretion what Services will be made available to you. The Association may at any time add, modify or terminate one or more of the Services in its sole discretion.
  4. The Association shall use its good faith efforts to ensure that the information (including, without limitation, your account and loan information), content and transactions (collectively, the “Information”) offered using the Services are accurate. You have the affirmative duty under the terms of this Agreement to immediately notify the Association if you believe any Information is inaccurate. The account information and content made available using the Services is solely for information purposes only and as an accommodation and convenience to you, and is not the official record of your account or account activity. Account information accessed using the Services is periodically updated, but is subject to adjustment and correction and should not be relied upon as the basis for any action or non-action. You therefore specifically agree that you will not rely on the Information for the purposes of loan pay-offs, tax reporting, stock trading, important financial decisions, or like purposes. You further agree that the Information shall not constitute an admission of whatsoever nature by the Association of the amount or liability due or owing to the Association by the Customer.
  5. The Association hereby grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services. The right to access and use the Services granted to you under this Agreement may not be transferred by you to another party or entity, such as a person who assumes your loan, without the prior written consent and approval of the Association, and any such transfer may be subject to any limitations established by the Association.

10.  CONFIDENTIALITY; SECURITY.

  1. You agree, acknowledge and understand that: (1) the Information is of a confidential nature; (2) the Association, and any Service Providers, shall take commercially reasonable and appropriate measures to maintain the confidentiality of the Information provided and prevent access by any other party, but that neither the Association nor any Service Provider, guarantees or warrants that unauthorized individuals cannot illegally gain access to and use the Information, including, without limitation, your most confidential financial information; (3) transmissions of data and information through the use of the Services may be read or intercepted by others, and that neither the Association nor any Service Provider shall be liable to you (or anyone claiming by, for or through you) for any losses or damages caused by the transmission of data and information using the Services; and (4) you shall defend, indemnify and hold harmless the Association and any Service Providers for any such illegal or unauthorized access to and use of the Information.
  2. When you request to receive the Services, you shall provide the Association with such information as the Association shall request to enable the Association to identify you when you want to access and use the Services. This information may include, without limitation, your name, address, telephone numbers, e-mail addresses, and loan numbers. You agree to update such information to Association in the event of any changes thereto.
  3. When you are enrolled for the Services, you will receive a User ID and temporary password from the Association. You will be prompted at the first log-on attempt to create a new password that will allow you to have secure access to the Services. Only you will have knowledge of this password. The password and User ID will be contained within the systems of the Association’s Service Provider used to provide the Services and will be maintained by the Association. The Association and/or its Service Provider may, from time to time, change the requirements for passwords used to access the Services without prior notice. In the event of such a change, you will be required to change your password the next time you access the Services.
  4. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Services, you agree to keep your passwords, codes, and User Ids, confidential and not release any of this information to any other party. The loss, theft, or unauthorized use of your account numbers, codes, user Ids, and passwords, could cause you to lose some or all of the money in your accounts. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your account numbers, codes, User Ids, and/or password to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other persons or entity to use the Services or to access or use your account numbers, codes, User Ids, passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may have attempted to use or has used the Services without your permission or that any other unauthorized use or security breach has occurred, you agree to notify the Association immediately at 903-534-4975;
  5. So long as the Association and any applicable Service Provider complies with the terms of this Agreement to keep information that you provide to one or any of them confidential, the Association and the Service Providers shall in no manner be liable to you or any other party in the event your personal information (including, without limitation, your name, address, telephone numbers, e-mail addresses, User IDs, passwords, account information, loan information, and other financial information) is accessed and used.
  6. The Association will not give anyone, other than its employees, agents and Service Providers, specific information about your Association accounts, loans and other personal information except: (1) when you agree that the Association may give out the information; (2) when requested by another Farm Credit System institution for confidential use in the extension of credit or the collection of loans; (3) when impersonal information based on transaction with you is requested by a reliable organization for use in contemplation of the extension of credit or by a consumer reporting agency; (4) when required by law; and (5) when the Association must give out the information to comply with legal process. If you are one of multiple borrowers on a particular loan and/or account that is accessible via the Ag Banking Online Module, you hereby agree that any one or more of the co-borrowers on the loan and/or account may request and be granted access to the loan and/or account via the Ag Banking Online Module, and may continue to have access even if such co-borrower is released from personal liability on the loan and/or account.
  7. You agree that when the Association receives an electronic request for your financial information from your e-mail address, that for all purposes, the request for your financial information has been made by you, and you thereby authorize the release of such information via electronic means, to that e-mail address, and you shall defend, indemnify and hold harmless the Association and any Service Provider for any release of such information to that address under such circumstances. It shall be your sole and absolute responsibility and duty to ensure that such requests are authorized by you, and the Association and all Service Providers shall not be liable to you (or those claiming by, for or through you) for unauthorized access to your e-mail address, password or personal identification number. If you become aware that your account has been accessed without authorization, you shall immediately notify the Association of such unauthorized access.

11.  FEES.

The services are currently provided to you at no additional cost. You may incur, and will be solely responsible for, fees charged by third parties, such as bank transaction fees, in order to obtain some third party services that are accessed using the Services. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. The Association reserves the right from time to time to add or modify charges and will notify you when such charges are added or modified.

12.  YOUR RESPONSIBIITIES.

  1. You agree, acknowledge and understand that material accessed under the terms of this agreement is the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of these rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any such material.
  2. You expressly agree not to use this access in a manner that is prohibited by law or regulation or to facilitate the violation of any law or regulation.
  3. You shall be solely responsible for all charges associated with connecting to this access, including, without limitation, all telephone access charges, lines and the physical equipment required for access.
  4. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary for you to access and use the Services, and for the security of such software, hardware and other equipment. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks

13.  ASSOCIATION RESPONSIBILITIES

The Association agrees to make commercially reasonable efforts to ensure proper performance of the Services. The Association will be responsible for acting only on those instructions sent through the Services which are actually received and cannot assume responsibility for malfunctions in communications facilities not under the Association’s control that may affect the accuracy or timeliness of messages you send. The Association is not responsible for any losses or delays in transmission of instructions arising out of your software or hardware or other equipment, your use of any access service provider, or caused by any browser software you use. The Association and the Service Providers are also not responsible for any computer virus or related problems, which may be attributable to services provided to you by any access service provider.

14.  NO WARRANTIES.

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND WARRANTIES ARISING BY VIRTUE OF COURSE OF DEALING OR CUSTOM OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE ASSOCIATION AND THE SERVICE PROVIDERS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF ASSOCIATION OR A SERVICE PROVIDER.

15.  DISCLAIMER OF DAMAGES.

NEITHER THE ASSOCIATION NOR ANY SERVICE PROVIDER IS RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE, OR INABILITY TO USE, THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES THE LIABILITY OF ASSOCIATION AND SERVICE PROVIDERS IS LIMITED TO THE EXTENT PERMITTED BY LAW.

16.  LIMITATION OF LIABILITY

NOTWITHSTANDING THE ABOVE PROVISIONS, IF AT ANY TIME THERE SHALL BE ANY LIABILITY ON THE PART OF THE ASSOCIATION AND/OR SERVICE PROVIDERS BY VIRTUE OF THIS AGREEMENT, OR THE PERFORMANCE OR NON-PERFORMANCE OF THEIR RESPONSIBILITIES UNDER THE AGREEMENT, OR BY VIRTUE OF A BREACH BY THE ASSOCIATION AND/OR THE SERVICE PROVIDERS OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN, WHETHER DUE TO THE NEGLIGENCE OF THE ASSOCIATION, THE SERVICE PROVIDERS OR OTHERWISE, YOU AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE ASSOCIATION AND THE SERVICE PROVIDERS FOR ANY CLAIMS, LOSSES, OR DAMAGES EXCEED $1,000.00. THE FOREGOING LIMITATION OF LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF THE ASSOCIATION AND/OR THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIMS, LOSSES, OR DAMAGES, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES POSSESSED BY YOU OR ANY THIRD PARTIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU, THE ASSOCIATION, AND THE SERVICE PROVIDERS.

17.  TERMINATION.

In addition to any other rights of the parties to this Agreement, either party may terminate this Agreement at any time upon notice to the other party.

18.  MISCELLANEOUS.

  1. Entire Agreement. This agreement constitutes the entire agreement concerning the use of the Services to access your Account Information and/or to conduct transactions on your Accounts and supersedes all prior agreements concerning this subject matter, either written or oral.
  2. Applicable Law. This agreement shall be interpreted and governed by Federal law to the extent applicable, and to the extent not applicable, by the laws of the state of Texas.
  3. ARBITRATION. YOU HEREBY AGREE THAT ANY DISPUTE ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED, SHALL BE RESOLVED BY BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE HAD TO A JURY TRIAL OR TO LITIGATE ANY CLAIM IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT HAVE THE RIGHT TO BRING, OR PARTICIPATE AS A CLASS MEMBER IN, A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY, The binding arbitration provisions applies to any and all claims that you have against the Association or its affiliates, successors, or assigns, and all of their respective directors, employees, agents, or assigns, or that the Association has against you, including any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act 9 U.S.C. sections 1-16, as it may be amended. The party filing a Claim in arbitration must file before the American Arbitration Association (AAA) under the rules of the AAA in effect at the time the claim was filed. The parties hereto may agree upon one arbitrator. Otherwise, there shall be three arbitrators, one arbitrator named by you, a second arbitrator named by the Association, and a third arbitrator selected by the two arbitrators so named. The decision of the majority of the arbitrators shall be final with respect to the matters in dispute. Any arbitration hearing shall be held at a place chosen by the arbitrator within the federal district in which you reside at the time the claim is filed or at some other place to which you and the Association agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive termination or modification of the Agreement, and any bankruptcy or similar proceeding initiated by you or on your behalf.
  4. SEVERABILITY. In the event any part or portion of this Agreement is deemed illegal or unenforceable, the unenforceable portion of shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
  5. DELAY NOT WAIVER. Neither the failure nor any delay to exercise a right, remedy or privilege under this Agreement by either party shall operate as a waiver thereof, nor shall any single or partial exercise of a right, remedy or privilege preclude any further exercise of the same.
  6. FORCE MAJEURE. If the Association or any Service Provider is unable to perform its obligations under this Agreement due to circumstances beyond its reasonable control (including, without limitation, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or inability to deliver by suppliers), such obligations will be suspended so long as those circumstances persist.

SCHEDULE A

Current Features and Functions of the Ag Banking Online and Mobile Banking (The Services)

Ag Banking Online is an account access module that will permit you to have access to a number of financial services through the use of personal computers or similar electronic access devices. Access may be provided through a private network connection or through the World Wide Web.
  1. The Account Access function of Ag Banking Online and Mobile Banking permits you to access the following information:
    1. for all the Customer’s loans for which the Association has authorized access by loan number,
      1. the account status,
      2. the unpaid loan principal balance,
      3. the accrued interest balance,
      4. the amount of undisbursed remaining commitment [if applicable]
      5. the interest rate for the loan,
      6. the daily interest accrual amount,
      7. the date the last payment was received, ,
      8. the amount of the last payment,
      9. the current amount due,
      10. the next scheduled payment date,
      11. the current installment amount [if applicable],
      12. the installment type,
      13. the pre-payment penalty flag (Y/N)
      14. the year-to-date interest paid,
      15. the prior year’s interest paid,
      16. the last statement date,
      17. the next rate change date, and
      18. the maturity date.
    2. for all Customer’s funds held accounts for which the Association has authorized access by account number,
      1. the account type and status,
      2. the current balance,
      3. the hold amount,
      4. the available balance,
      5. the accrued interest amount,
      6. the account interest rate,
      7. the last deposit amount,
      8. the last deposit date,
      9. the last statement date,
      10. the last interest payment,
      11. the last interest payment date,
      12. the year-to-date interest paid on the account,
      13. the prior year’s interest paid on the account,
      14. the year-to-date withholding amount, and
      15. the prior year’s withholding amount.
    3. (c) for all Customer’s stock accounts by account number,
      1. the account type or class of stock,
      2. the account status, and
      3. the current stock amount.
    4. for all Customer’s patronage accounts by account number,
      1. the account type and status,
      2. the current account total balance,
      3. the balance for each patronage type,
      4. the year-to-date total disbursements amount,
      5. the prior year’s total disbursements amount,
      6. the life-to-date total disbursements amount,
      7. the year-to-date taxable amount,
      8. the prior year taxable amount,
      9. the year-to-date withholding amount, and
      10. the prior year’s withholding amount.
    5. Other
      1. transaction history for each account. (ii)
  2. The Funds Transfer function of Ag Banking Online and Mobile Banking permits you to do the following:
    1. Internal Transfers.
      1. Advances from one or more of your loan accounts with the Association may be transferred to your eligible funds held or advance conditional payment account(s) with the Association;
      2. Available amounts in your eligible funds held or advance conditional payment account(s) with the Association may be transferred to make payments on your loan accounts with the Association.
      3. Advances from one or more of your loan accounts with us may be transferred to make payments on any of your loan accounts with us.
    2. External Transfers.
      1. Advances from one or more of your loan accounts with the Association may be transferred to a checking, savings or loan account with your depository bank;
      2. Available amounts in your eligible funds held or advance conditional payment account with the Association may be transferred to your checking or savings account with your depository bank; or
      3. Amounts in your checking or savings account in your depository bank may be transferred to your eligible funds held or advance conditional payment account or applied to your loan account with the Association.
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