THE
BRYN MAWR TRUST COMPANY
PERSONAL
INTERNET PC BANKING AGREEMENT
This Personal Internet PC Banking Agreement between (“you”, “your” or the “Customer”) and The Bryn Mawr Trust Company with an office at 801 Lancaster Avenue, Bryn Mawr, PA 19010 (“we”, “us” or “Bank”) sets forth the terms and conditions that will apply to your use of the Bank’s Internet PC Banking Service for personal customers.
1. Definitions.
For purposes of this Agreement, the following terms shall be given the following specified meanings:
“Account(s)” shall mean collectively those deposit Accounts, lines of credit and/or loan accounts, identified in the accompanying Enrollment Form which you are required to complete, maintain with us and keep updated to use the Service.
“Account Information” shall mean all information about one or more of the Accounts, including but not limited to the balance information, the status and description of any or all items, debits, credits or charges related to one or more of the Accounts, the Accounts’ history, statements, reconciliations, importing and exporting data and all other information about the activity associated with one or more of the Accounts.
“Account Inquiry” shall mean the service more fully described in Section 4 hereof which allows a Designated User to obtain Account Information pursuant to the Service with respect to those Accounts to which the Designated User has access.
“Agreement” shall mean this Bank’s Personal Internet PC Banking Agreement.
“Business Day” shall mean any day on which we are open to the public for carrying on substantially all of our business, but does not include Saturdays, Sundays and legal holidays.
“Cut‑Off Hour” shall mean 4:00 P.M. (EST/EDT) for Bill Payment transactions and 5:00 P.M. (EST/EDT) for all other transactions on any Business Day with regard to all the Bank’s services. Cut‑Off Hour may be changed from time to time by Bank at its sole discretion, for example, in case of a Bank holiday or a snow emergency..
“Deposit Account” shall mean your checking account, money market account, savings account, certificate of deposit and any other deposit account which you may have with us that was established primarily for personal, family or household purchases.
“Designated User(s)” shall mean the one or more individuals whom you designate on the Enrollment Form to access one or more Accounts using the Service.
“Electronic Funds Transfer (EFT)” shall mean a transfer of funds initiated by a computer or other Internet enabled system or access device to or from your Deposit Account.
“E-Mail” shall mean the service more fully described in Section 7 of this Agreement, which will permit a Designated User to use E-Mail to implement and use the Service.
“Enrollment Form” shall mean the PERSONAL INTERNET PC BANKING ENROLLMENT FORM accompanying this Agreement.
“External Account” shall mean an account with a financial institution other than the Bank which you own and/or are otherwise legally authorized to transfer funds to and from.
“External Transfers” shall mean the service more fully described in Section 6 of this Agreement which will permit a Designated User to authorize the Bank to initiate certain transfers between specific Account(s) that you may have with us and External Accounts.
“Intrabank Funds Transfers” shall mean the service more fully described in Section 6 of this Agreement, which will permit a Designated User to request certain transfers between specific Account(s) that you may have with us.
“Loan Account” means a line of credit, home equity loan, home equity line of credit or any other loan account you may have with us that was established for personal, family or household purposes.
“Pay Bills Services” shall mean the bill payment service more fully described in Section 8 of this Agreement which allows a Designated User to make bill payments pursuant to the Service with respect to those Accounts to which a Designated User has access.
“Service” shall mean the Bank’s Personal Internet PC Banking Service described in and provide by the Bank pursuant to this Agreement.
In this Agreement, the words “we”, “us” or “Bank” mean The Bryn Mawr Trust Company and its successors or assigns. When we use the words, “you”, “your” or “Customer” we mean each person who has an interest in an Account or other relationship, which is accessible through the Service and any person authorized such access.
2. The Personal PC Internet Banking Service.
The Service will provide you with access and use via your computer or other Internet-enabled system or access device and the Internet to those banking services that you have selected in the Enrollment Form. Those Accounts with us that you access by using the Service remain subject to the terms and conditions of the agreements and understandings otherwise applicable to them. Any Loan Account that you access via the Service will remain subject to the loan agreement, line of credit and other loan documents that you have executed or will execute in connection with it and the fees and service charges applicable to them. This Agreement is in addition to other agreements between you and us, including your checking, savings, and other deposit account agreements (which we provided in the Deposit Agreement and Disclosure for personal accounts), your credit card agreements, your overdraft protection and line of credit agreements. If there is a conflict between the terms and conditions of this Agreement and those contained in the other agreements between us, the terms and conditions most favorable to us shall control. Except as otherwise provided herein, any request to use the Service that we receive prior to the applicable Cut‑Off Hour on any Business Day will be processed on the Business Day of receipt.
3. Equipment and Communications Capability, Software and Access.
To utilize the Service, you must have an appropriate internet enabled device, such as a computer, and related equipment (collectively the "Equipment") and communications capability such as telephone lines, wires service, cable lines or digital capacity and software to access the Service (“Software”). You understand and agree that it is your sole responsibility at your expense to obtain, install, operate and maintain the Equipment in accordance with the instructions of the Equipment manufacturer and to obtain and maintain the necessary communications capability. You are responsible for installing and maintaining appropriate virus protection on your Equipment. You assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of the Equipment, communications capability, software not provided by us, telephone lines or internet access, computer virus, spyware, malware, worms, message or transfer interception in transit or related problems and hereby release and agree to indemnify and hold us harmless in accordance with the terms of this Agreement.
You hereby release, and agree to indemnify and hold the Bank harmless for any direct or indirect, consequential, special or other damages you may suffer because of your failure to utilize the Equipment, communications capability or Software described in this Section and the failure of (i) the Equipmentcommunications capability(ii) Software to access the Bank’s website or to process the data to use the Service. This paragraph shall survive termination of the Agreement.
If you elected to obtain the Account Inquiry service the Designated User(s) to whom you permit access to the Account Inquiry portion of the Service may request and receive all Account Information about one or more Accounts you have specified, including Account balance information, the status and description of any or all items, debits, credits or charges related to the Account, the Account history, statements, reconciliation, importing and exporting data; and all other information about activity associated with any Account to which you have permitted access.
5. Stop Payment Requests.
If you elected the Stop Payment Requests service, your Designated User(s) may use the Service to request that we stop payment of any item payable from an Account to which that Designated User has access. A stop payment request must specifically identify the item subject to your request and must be received by us in sufficient time to give us a reasonable opportunity to act on it before we pay such item. You understand and agree that, unless your request is complete and accurate, we may be unable to identify the item subject to your request. You understand and agree that, unless we have a reasonable opportunity to act on your request prior to payment of an item, we will be unable to stop payment. By initiating a stop payment request with respect to an item, you agree that you will indemnify and hold us harmless from and against any claims, damages or losses arising in connection with our refusal to pay such item.
When you use the Service to request a stop payment (the “initial request”), your stop payment request will remain effective for a period of fourteen (14) days. To extend the effectiveness of your request beyond that time period, you must sign and return to us, within the fourteen (14) day time period of the initial request, a letter of confirmation that we will prepare and provide to you, upon our receipt of your initial request pursuant to the Service. Such written confirmation will upon receipt by the Bank, within the original fourteen (14) day time period of your initial request, extend the effectiveness of your initial request for six (6) months from the date of your original stop payment request to the Bank. If you wish to further extend your stop payment request beyond the expiration of the six (6) month period of your initial request, you must contact us and follow our procedures for renewing a stop payment request. You understand that you will incur the fees listed on the Bank’s Fee Schedule, as revised from time to time for each stop payment request you make pursuant to the Service.
6. Fund Transfers.
a. Intrabank Fund Transfers. By electing the Account Access function on the Enrollment form, you elected to use the Intrabank Funds Transfer portion of the Service. You and your Designated User(s) are authorized to request transfers between those Deposit Accounts at the Bank which you select and to which a Designated User has access. You can request that we deduct funds from a Deposit Account and apply those funds as payment to reduce a Loan Account or you can request we advance funds from a Loan Account to a Deposit Account, provided that the Designated User has access to both Accounts and your available balances are sufficient to cover each transfer.
b. External Transfers. By electing the External Transfer function on the Enrollment form and providing us with the appropriate information on the External Account Authorization Form, you and your Designated User (s) may authorize the Bank to initiate a transfer of funds through the ACH system to/from an External Account to/from an account you have with the Bank. You acknowledge that any ACH transaction must comply with U. S Law. However the Bank is not responsible for errors in the completion, accuracy, or timeliness of any transfer properly initiated by the Bank in accordance with your or your Designated Users instructions occasioned by the acts or omissions of any third party financial institution a party to the transaction, or the insufficiency or lack of availability of your funds on deposit in an External Account.
7. E-Mail.
You agree to provide the Bank your E-Mail address on the Enrollment Form and if you change your E-Mail address you agree to advise us and modify your Enrollment Form or otherwise notifying us of by inserting your correct E-Mail address. You may communicate electronically with the Bank by sending E-Mail messages to the Bank’s support staff at any time. The Bank may use the Service to communicate electronically with you by sending E-Mail messages to you. We will retrieve your E-Mail messages periodically during each Business Day. When you send an E-Mail message to us via the Service we will try to respond to you by the following Business Day. It is incumbent upon you to verify that all email messages sent by you are received by us.
You hereby agree not to use E-Mail for the transmission of any confidential information (including account numbers, Login Identification Numbers (“Login ID’s”) and Personal Identification Number (“Password(s)”) and not to give instructions to change or confirm your Login ID or Password via E-Mail.
You hereby release and agree to indemnify and hold the Bank harmless for any claims, damages or losses you may suffer because of (i) your use of the Bank’s E-Mail feature or any actions taken or any omissions to act by the Bank as a result of any E-Mail message sent by you to the Bank, (ii) for any damages you may suffer because of any actions or any omissions to act on your part as a result of any E-Mail message the Bank sends to you or (iii) your use of the Service. This release, indemnity and hold harmless shall be binding upon you and your successors and assigns and survives termination of this Agreement.
8. Pay Bills Service.
If you elected the Pay Bills service to make one time and repeating future dated on line bill payments from an Account designated on the Enrollment Form. All bill payments must be scheduled at least five (5) Business Days in advance of the due date. If the bill payment due date does not fall on a Business Day that payment will be made on the next Business Day. You are responsible for any late payment or finance charges that may be imposed by a payee as a result of your failure to schedule payments as described in this Agreement, or as a result of any inaccurate information you have supplied.
You may only make bill payments to pay payees that you have selected as provided by the Pay Bills service. For all bill payments you agree to allow at least five (5) Business Days between the date you schedule the payment to be made and the payment due date. When you have entered and transmitted a payment instruction through our Pay Bills service, you authorize us and our agents, to reduce the balance in your Account(s) by the amount of the payment.
If there are insufficient funds in your checking Account or insufficient availability under your line of credit to make bill payments you have authorized, we may refuse to make the payment or make the payment and thereby overdraw your checking Account or line of credit. If the payment is returned, your bill payment access will be blocked until there are sufficient funds in your checking Account to cover the payment. In any event you are responsible for non-sufficient funds and overdraft charges the Bank may impose as stated in the Bank’s Personal & Business Account Schedule of Fee Services.
If you wish to stop payment on a bill payment you previously authorized contact us by telephone at 610-525-1700 or e-mail us through the Service’s secure e-mail. You must notify us orally or in writing at least three (3) Business Days before the scheduled payment date. If you call, you must confirm your request in writing and send your confirmation request to us so that we receive it within fourteen (14) days after you called. We will try to stop your bill payment but we will be unable to do so if the payment has been made.
9. Conditions of Electronic Communications.
Prior to your initial use of the Service, the Bank will provide you with a Login ID and a Password, which you must use to access the Service. You will be required by the Bank to change the Password the first time the Service is accessed and to select your Multiple Factor Identification Image and Challenge Questions (collectively, the Login ID, Password, Multiple Factor Identification Image and Challenge Questions are called the “Login ID and Password”). Your Login ID and Password are personal and confidential to you and/or Designated Users of the Service. The use of the Login ID and Password with the Service is a security method by which we are helping you to maintain the security of your Account(s). You agree to develop adequate internal procedures to prevent disclosures of such information. You are responsible for the confidentiality of the Login ID and Password and hereby agree not to provide the Login ID or Password to any other person.
The Bank is not responsible for any breach of security caused by your failure to maintain the confidentiality of the Login ID and Password. You agree to notify the Bank immediately by telephone and speak directly with one of our representatives (a voicemail message or E-Mail is not sufficient notice) in the event of loss or theft of the Login ID and Password, or if you believe the confidentiality of the Login ID and Password may be or has been compromised in any way, or in the event you learn about a possible or actual use of the Service by an individual who is not a Designated User. The Bank hereby reserves the right to revoke your Login ID and Password at any time, and without prior notice to you or any Designated User, in the event the Bank believes that there is a threat to the security of the Service or any proprietary and/or confidential Bank information. We will not assign new credentials until the affected computer(s) have been examined by a reputable third party service provider acceptable to us to insure that there are no viruses, spyware, malware, worms and/or message or transfer interception software present. You also hereby agree not to attempt, in any way, to manipulate, change or alter the Service.
You should never provide your Login ID, Password or any other security information to a third party. If you do so, you are authorizing that party to conduct transactions on the Deposit Account or Loan Account. Therefore, you are responsible for any transactions, including transfers from or between the Deposit Accounts or Loan Accounts, resulting from you furnishing your Login ID or Password and any other security information to a third party. We will not be liable and will not reimburse you for any losses that may occur as a result of this authorized use of your Login ID, Password or other security information.
10. Unauthorized Transfers.
Notify us AT ONCE if you believe your Login ID and Password, or both have been stolen or used without your permission, or if you believe that an electronic funds transfer has been made without your permission. You could lose all the money in your Deposit Account plus your available overdraft protection credit. Telephoning is the best way of keeping your possible losses down. If you notify us within two (2) Business Days after you learn of the theft of your Login ID or Password, you can lose no more than $50 if someone uses your Login ID and/or Password without your permission. If you do not notify us within two (2) Business Days after you learn of the theft of your Login ID and/or Password, and we can prove we could have prevented someone from using your Login ID and/or Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) calendar days after the Account statement was mailed or otherwise made available to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had notified us in time.
If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we will extend the time periods.
If you believe someone has accessed your Deposit Account or Loan Account without your permission, that someone has transferred or may transfer money from your Deposit Account or Loan Account without your permission, or if you believe a transfer has been made without your permission using information from your check, call and speak directly with one of our representatives (a voicemail message or e-mail is not sufficient notice) or write: The Bryn Mawr Trust Company, Cash Management/EFT Services, 801 Lancaster Avenue, Bryn Mawr, PA 19010.
11. Your Privacy.
In an effort to protect the privacy of your Account information, the Bank is committed to using appropriate technology on its computer system, including, but not limited to fire walls and encryption of data. You agree to help in this privacy process by keeping your Login ID and Password and other identification data private and by maintaining your Equipment, communications capability and Software so that others cannot access your financial information. You acknowledge that all communications sent and/or received via E-Mail are not necessarily private or secure. You hereby consent to the level of security outlined in this Agreement and acknowledge that the Bank is unable to guarantee the security of the information sent or displayed via the Service. You also agree that the Bank is not responsible for any breach of security of the Service or your privacy caused by you or a Designated User’s failure to maintain confidentiality of identification data. The Bank reserves the right to restrict or revoke your access to the Service if the Bank believes that the terms and conditions of this Agreement have been violated.
12. Fees and Charges.
You agree to pay such fees and charges for your use of the Service as we may advise you of in writing at the time you sign this Agreement and as changed in writing by us from time to time as well as any other fees or other charges applicable to the services selected and accessed by you through the Service. You acknowledge your receipt and confirm that you have read the Bank’s Personal Account Rules, Regulations & Depositor Agreement Booklet and the Bank’s Personal & Business Accounts Schedule of Services Fees. You understand and agree that we may change such fees and charges at any time and from time to time (i) effective after the posting of notice in our offices for a period of thirty (30) days prior to the effective date of the change or (ii) when required by law, thirty (30) days after our mailing of written notice to you at your last known address as indicted by our records.
13. Bank’s Rejection of Banking Services Requests.
We shall have the right, but not the obligation, to reject any request transmitted via the Service if the request was incomplete or inaccurate in any respect, or if the request involves a transfer of funds from an Account in which there are insufficient available funds to cover the request or was not made by a Designated User. Should we, at our sole option, elect to honor a transfer request against insufficient available funds, you agree to pay us immediately upon demand any overdraft amounts, together with any and all overdraft fees, interest and charges that may be assessed against your Account.
14. Consumer Use.
YOU EXPRESSLY REPRESENT AND WARRANT TO US THAT THE ACCOUNTS THAT ARE OR WILL BE SUBJECT TO TRANSACTIONS PURSUANT TO THIS AGREEMENT, HAVE BEEN ESTABLISHED, OR ARE BEING OR WILL BE USED, FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. You understand and agree that the Service may be used only for consumer purposes and that Service transactions are governed by the Electronic Funds Transfer Act or Federal Reserve Board Regulation E.
15. Updates.
Various transactions affecting your Accounts may be presented from time to time throughout the Business Day that will not immediately be reflected in the Account Information available to you through the Service. However, we will update the Service database as soon as practical. Your requests for the Service will be processed based on your most recently updated Account Information.
16. Your Responsibilities.
Since each person that you select on the Enrollment Form as a Designated User will be your authorized agent, with the authority that you granted that person on the Enrollment Form, the Bank urges you to carefully consider whether you should select a Designated User. If on the Enrollment Form you authorize a Designated User to draw on your Bank line of credit, including one secured by a mortgage on your home or a lien on your other collateral, if the line of credit is not repaid when it is due, the Bank may foreclosure the mortgage on your home or the lien on your other collateral. If you select a Designated User the Bank urges you to use great care and discretion in your selection of each Designated User.
You are solely responsible for all transactions you authorize using the Service, including transfers and bill payments you initiate using the Service, the timeliness, accuracy and completeness of any instruction and information entered by you or your Designated Users in connection with any provision of the Service. Furthermore, you are solely responsible for naming and duly authorizing each Designated User, specifying those Accounts to which each Designated User shall have access and monitoring all Designated Users’ use of the Service. If you permit other persons, or other entities, to use the Service or your Login ID or Password, you are responsible for any transactions they authorize using the Service.
The Bank shall have no responsibility for maintaining any records regarding the identity of your Designated Users or of the Service to which each Designated User has access. We will establish and transmit a unique identification code and temporary password to each Designated User that agrees to initially use to log into the Service. Then each Designated User will establish a new appropriate password in cooperation with the Bank and develop adequate procedures to prevent the disclosure of their Login ID or Password to other persons and the unauthorized use of the Service. The Bank will have no knowledge of the identification established for each Designated User and shall have no responsibility for ensuring compliance with the procedures you develop for protecting confidentiality of such identifications.
You understand and agree that you are solely responsible for the risks associated with the designation of any your Designated Users, the disclosure of any identification and the unauthorized use of the Service. You hereby release the Bank from any liability or damages you incur in connection with the use of the Service or your selection of any Designated User. You agree not to sue the Bank in connection with your or any of your Designated Users use of the Service. You hereby fully indemnify the Bank from all damages, expenses and losses with respect to your or any of your Designated Users use of the Service, including all Service transactions entered under valid identification, whether or not the person actually entering such transactions is authorized by you to perform such transactions. You agree to notify the Bank immediately in the event you believe that the security or a password for the Service has been compromised or that unauthorized Service transactions have occurred.
We may from time to time provide you with information in written or electronic form concerning the Service and related matters (the “Materials”). The Materials are the Bank’s property and are confidential and proprietary and you may not modify, duplicate or make the Materials available to any third party by any arrangement, without our prior written consent. We will provide the Materials to you on an “as is, as available” basis and make no warranties, express or implied, with respect to the Materials, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. You must use the Materials exclusively for the purpose of accessing and using the Service.
You further understand and agree that notwithstanding any instructions, resolutions or agreements that require two (2) or more signatures to access your Accounts any one (1) Designated User will have access to those Accounts through use of the Service.
17. Our Responsibilities and Limitation of Liability.
We shall use our best efforts to provide you with access to the Service in accordance with the provisions of this Agreement. However, neither we, nor our service provider will be liable:
The following applies to EFTs only. If one of the exceptions stated above does not exist and we fail to complete an EFT to or from the Deposit Account or Loan Account on time or in the correct amount, we will be liable only for your actual losses.
We make no express or implied warranties concerning the Service. All warranties of merchantability and fitness for a particular purpose are expressly excluded.
Because the Service utilizes information contained in our database that may not necessarily reflect all current transactions, we shall not be liable to you for any expenses, damages and losses whatsoever arising in connection with the accuracy or completeness of information supplied through the Service regarding your Accounts. Subject to the foregoing exclusions, unless otherwise required by law, our sole liability for damages to you for any cause whatsoever and regardless of the form of action shall be limited to direct damages sustained by you, but only to the extent that such damages are the direct result of our own gross negligence or willful misconduct and, in such cases, damages will be limited to one (1) month’s fees which we charge for the Service, calculated by averaging the monthly fees and charges paid by you for the Service for the six (6) months immediately preceding the event(s) giving rise to your claim. In no event shall we be liable for any special, indirect, incidental, consequential or punitive damages even if we are advised of the possibility of such damages.
18. Release, Indemnity and Hold Harmless.
You hereby release, indemnity and hold harmless the Bank and its directors, officers, employees, vendors, licensors, agents and any third party from and against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees , disbursement and costs, arising out of or related to (i) your breach of the agreements, representations and warranties in this Agreement (ii) or your use of the Service in violation of this Agreement, (iii) your violation of any rights of the Bank or any third party information provider, including copyright, patent, trade secret, trademark or other intellectual property rights and publicity and privacy rights, (iv) your violation of any applicable law, rule or regulation, or (v) your or a Designated Users failure to maintain the security of the Login ID and Password other identification in accordance with this Agreement. This release, indemnity and hold harmless shall be binding upon you and your successors and assigns and survives termination of this Agreement.
19. Amendments/Termination.
From time to time, we may amend any of the provisions of this Agreement. If and to the extent required by applicable law, we will provide you with notice prior to the effective date of any amendment or change. Generally, we will provide you notice of amendments and changes to this Agreement through the internet. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Bank’s services. Your use of the services after the effective date of the change or amendment will constitute your acceptance of and agreement to the change or amendment.
From time to time, you may submit a request to us to change the Accounts, provided that such requests are submitted in writing, are executed by a properly authorized person and are otherwise acceptable to us. Such update requests will be effective as soon as possible following our receipt of each request or any later date you specify.
Either you or we may terminate this Agreement at anytime upon not less than thirty (30) days written notice to the other. Notwithstanding the foregoing, the Bank may immediately terminate this Agreement in the event that the Bank determines in its sole discretion that you have breached any of the provisions of this Agreement or your obligations hereunder. The termination of this Agreement shall not relieve either party of any obligations or liabilities incurred prior to the effective date of such termination, including the obligations under Sections 7, 8, 17 and 18 hereof.
20. Notices.
Except as otherwise expressly provided herein, we shall not be required to act on any notice or instruction received from you or any other person, or to provide any notice or advice to you or anyone else with respect to any matter. We shall be entitled to rely on any written notice or other written communication that we believe in good faith to be genuine and to have been signed by you, or a Designated User or any director, partner, officer, employee or agent of yours, whether or not actually authorized by you, and any such communication will be deemed to have been duly executed by you.
21. Assignability.
Your rights under this Agreement are not assignable by you except with the prior written consent of the Bank and the rights of the Bank arising under this Agreement are only assignable in connection with a sale of a majority of its assets, a merger or consolidation to which the Bank is a party.
22. Third Party Beneficiaries.
This Agreement does not create, and shall not be construed to create, any rights enforceable by any person not a party to this Agreement.
23. Entire Agreement/Severability.
This Agreement is the complete and exclusive statement of agreement between you and us regarding the subject matter hereof and supersedes any prior agreements between you and us regarding this subject matter. However, this Agreement does not supersede any other agreement or contract you have with the Bank, including any credit or loan agreement, deposit agreement, wire transfer agreement or agreement regarding automated clearing services.
If our performance of the Service provided for herein in accordance with the term of this Agreement would result in a violation of any existing or future law, rule or regulation to which we are subject, then this Agreement will be deemed amended to the extent necessary to comply with that law, rule or regulation, and we will incur no liability to you as a result of such violation or amendment or for any action we may take to comply with law, rule or regulation. Furthermore, if any term, covenant or condition of this Agreement be invalid or unenforceable, the remainder of this Agreement shall be unaffected and every other term, covenant or condition shall be valid and enforced to the fullest extent permitted by law.
This Agreement will be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania. Section headings are for convenience only and will not affect the meaning of the provisions hereof.
Delivery of a facsimile of an executed Agreement shall be as effective as delivery of a manually executed Agreement.
BANK AND CUSTOMER SPECIFICALLY AGREE THAT THEY WAIVE ALL RIGHTS TO RELY ON OR ENFORCE ANY ORAL STATEMENTS MADE PRIOR TO OR SUBSEQUENT TO THE SIGNING OF THIS AGREEMENT.
24. Waiver of Right to Jury Trial and Consent to Jurisdiction.
BANK AND YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY WAIVE THE RIGHT TO HAVE A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS, (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY MADE BEFORE, DURING, OR AFTER THE EXECUTION OF THIS AGREEMENT. THIS WAIVER APPLIES IN THE EVENT ANY OTHER PARTIES, INSTITUTE, JOIN OR DEFEND ANY LITIGATION. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE BANK PROVIDING THE SERVICE TO CUSTOMER. IT IS EXPRESSLY AGREED THAT NO PARTY OR ENTITY HAS REPRESENTED THAT THIS WAIVER WILL NOT BE ENFORCED.
Venue and jurisdiction shall be in Montgomery County, Pennsylvania, for any affirmative or defensive legal proceeding in connection with this document and/or any other document signed by you in connection with this Agreement
Rev. 5/23/11