Terms & Conditions

Terms and Conditions for Internet Banking

Please read these terms and conditions carefully. By accessing and using the Mountain West Bank, NA website, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this website.

Internet Banking and Bill Payment Service Agreement

This Internet Banking and Bill Payment Agreement ("the Agreement") explains the terms and conditions governing the use of the Internet and bill payment services offered by Mountain West Bank, N.A. All Internet Banking Services of any kind whatsoever offered by Mountain West Bank, N.A. (including, but not limited to funds transfers and bill payment services) will be referred to collectively as "Internet Banking Services" in this Agreement. By using any of the Internet Banking Services, you agree to abide by the terms and conditions of this Agreement as well as the Deposit Account Agreement and Disclosure which you received when your account was opened.

In these materials, "you" and "your" refer to the person(s) named in the enrollment process used to obtain access to this site and any other person that you permit to access the site using your User ID and Password or PIN. The words "we", "us", and "our" refer to Mountain West Bank. The term "business day" means all days except Saturday, Sunday and all banking holidays.

All Internet Banking Services offered by Mountain West Bank are governed by this Agreement, as well as applicable Federal Regulatory disclosures and the Deposit Account Agreement and Disclosure of Mountain West Bank, N.A.. All applicable fee schedules published by Mountain West Bank will apply to the Internet Banking Services. You are responsible for the payment of any fees identified in the fee schedule which are incurred by you on any account, for any service, at any time. You agree to pay all such fees upon request of Mountain West Bank. Further, you agree to pay all telephone charges or fees incurred by you in accessing Internet Banking Services. Internet Banking Services provided on this web site require you to have an internet service provider and account established.

User Responsibilities

1) You agree that your use of the Internet Banking Services will confirm that you have completed and reviewed this Agreement and applicable disclosures, both of which may be amended from time to time. Your initial use of any Internet Banking Service in connection with your account(s) at Mountain West Bank constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and of the Deposit Account Agreement and Disclosure.

2) By using this site, you certify that you have chosen a username and password which allows you access to the Internet Banking Services. Your responsibility for transactions and other activities that occur or are undertaken using your username and password includes those transactions and activities that may be taken by anyone using the Internet Banking Services after logging in with your username and password. You are also responsible for keeping your username and password confidential and for ensuring that you have logged out of the web site when your session is complete to prevent unauthorized persons from using the Internet Banking Services. You understand that your password or PIN can be used to transfer or withdraw funds from your account and that this code must be safeguarded. You are solely responsible for maintaining the security and confidentiality of your personal ID, PINs or passwords and their use. If you provide another person, agent or employee your PIN or password or the means and necessary information to obtain a PIN or password to access one or more of your accounts, you will be responsible for all transactions using that PIN or password until disabled or revoked in accordance with the Bank's procedures.

You authorize Mountain West Bank and its agents to follow any instructions transmitted by use of this PIN or password, and you agree to be bound thereby. Mountain West is entitled to act upon instructions received through any Internet Banking Service under your PIN or Password without inquiring into the identity of the person using the PIN or Password.

You hereby indemnify and release Mountain West Bank from any and all liability and agree not to make any claim against Mountain West Bank or bring any action against Mountain West Bank in honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided my PIN or Password to that person.

3) You will notify Mountain West Bank at once if you believe another person has improperly obtained my PIN/Password or has carried out un-authorized transactions. At any time, you may ask Mountain West Bank to disable my PIN or Password and issue a new one to you.

4) If you have a business account, you are liable for all transactions that occur on the account. As the owner of the business account you authorize all Internet Banking Service transactions made by any other persons. As the owner of the business account you agree to be liable for any other parties designated (by being given the PIN or Password) to conduct business on the account(s).

5) You agree to provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your identity.

6) You agree not to use the Internet Banking Services to conduct any business or activity or solicit the performance of any activity which is prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Internet Banking Services.

7) It is your responsibility to protect your system's security and to protect your system against viruses, worms, trojan horses, and other items of a destructive nature. You agree to use reasonable care not to introduce any such items to our web site or any services offered through the Mountain West Bank web site.

General Provisions and Liability

1) For multiple party accounts, each person on a multiple party account will be liable for all transactions that are made on that account. Each person on a multiple party account authorizes all transactions made by any other signer(s) on the account(s). Each owner(s) on a multiple party account(s) agrees to be liable for the actions of the other owner(s) on the account.

2) Balance information available through Mountain West Bank's web services may not reflect outstanding checks, charges, or unposted transactions. Pending transactions are transactions that are presented to the Bank during the current business day or after the processing cut-off time for the previous business day (which varies depending on the branch location from 2:00 PM to 4:00PM). Pending transactions may include a variety of items including, direct deposits, ACH items, ATM transactions, and check card transactions. When these items are presented to the Bank they are "memo" posted to your account. The transactions will permanently post to your account, generally, in 1 - 3 days depending on the item. When the amount is "memo" posted to your account, your account balance reflects these items. Your account will be increased by any deposit transaction and decreased by any withdrawal. Some transactions may cause a little confusion as to the way they are posted; debit card transactions in particular. There are some instances where a debit card transaction may "memo" post for an amount that is different than the actual purchase price. The authorization process used by the merchant determines the amount that "memo" posts to your account and may vary from the final posting amount for example if you use your card at a restaurant the final amount posted to your account may differ from the authorized amount by the amount of the gratuity.

3) Online account transaction history for accounts is limited. You may need to check the statements that we have previously sent to you for information prior to the first day covered by the online transaction history.

4) Mountain West Bank will not provide any receipt or documentation of transactions other than regular account statements.

5) Although we strive for accuracy, some information and resources provided to you using Mountain West Bank's Internet Banking Services my contain technical or other errors, inaccuracies, omissions, typographical errors, and may become outdated. We may change our products, services, terms, conditions, and pricing at any time without notice and without first updating our web site.

6) Nothing on our website is intended to provide legal, accounting, tax, or financial advise. You should consult your own financial advisor on such matters. Tools or hyperlinks that you may have access to through the Mountain West Bank web site (such as loan calculators) are provided for your convenience, but are not guaranteed to be error free. Hyperlinks to other Internet resources are to be used by you at your own risk. When you leave the Mountain West Bank website to use the services of, or complete transactions with an independent third party service provider your use of the site and service will be governed by the terms of use of the provider of the linked website. The content, accuracy, opinions expressed and other links provided by these resources may not be investigated, verified, or monitored by Mountain West Bank, and such links are not endorsed by Mountain West Bank. Mountain West Bank's Privacy Policy does not apply to linked websites and you should consult the privacy disclosure on that site for further information.

7) You may contact Mountain West Bank via email for general, non-urgent communications with us. As regular email is not secure, we caution against using email for transmitting any sensitive personal information. When sending a secure message through the Mountain West Bank website, your identity is confirmed when you log onto internet banking and any instructions received by you will be acted upon as if you had provided those instructions in person.

Do not rely on the site messaging system or email when reporting a lost or stolen PIN, Password, Credit Card, Debit Card, or ATM Card. Do not send transfer or payment requests via email.

8) Mountain West Bank's internet services will generally be available 24 hours per day, seven days a week. The services and our other products and services are not necessarily available everywhere, and may or may not be available to non-residents and non-citizens of the United States. In no event shall Mountain West Bank be liable for any damages whatsoever which arise out of or relate to:

  • Your inability to use or access Mountain West Bank's internet services; or
  • Your reliance on any information provided via our web site; or
  • Any other service or transaction delays or any failure of performance due to circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake or extreme weather).

9) Mountain West Bank reserves the right to modify this Agreement at any time without notice, but the most current version of the Agreement will be available to you by accessing the link at the bottom of the homepage of the Mountain West Bank website. If this Agreement is modified, your continued use of the account and bill payment system will represent your acceptance of the changes. If you find the terms unacceptable at any time, you may discontinue your use of the Internet Services.

10) All information and services are provided "as is" without warranty of any kind either expressed or implied. Mountain West Bank shall have no liability for direct, special, incidental, indirect, consequential, or exemplary damages, regardless of whether such damages arise in contract or otherwise for lost profits, business interruption, or loss of programs or data on your computer system, regardless of whether we were advised of the possibility thereof.

11) If you are dissatisfied with any aspect of our web site or the services available via our web site, your sole and exclusive remedy is to discontinue access. Additionally, you may elect to "Opt out" of Internet Banking all together, which will remove all Internet Banking configuration from your accounts and from Mountain West Bank's systems. "Opting Out" will impact your ability to view account history should you decide to use Internet Banking at some future time. To complete the "Opt Out" process please contact a Mountain West Bank New accounts Representative.

12) You may not transfer, assign or delegate your rights or duties under these terms and conditions.

Privacy

Mountain West Bank is committed to protecting your privacy. Your personal information will be used only for the purposes of operating the Internet Banking Services and Mountain West Bank internal purposes. All information gathered from you in connection with using the Internet Banking Services will be governed by the provisions of the Mountain West Privacy Policy which can be accessed at the bottom of each Mountain West Bank website page.

Indemnification

You agree to defend, indemnify and hold harmless Mountain West Bank, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Use or misuse of the Internet Banking Services or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

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