Online Banking Agreement

Home State Bank

Online Banking Service Agreement

Effective Date: September 28, 2015

Table of Contents:

1. General Description of Online Banking Service Agreement

2. Online Banking Services

3. Description of Online Banking Services

4. Other Terms and Conditions

5. Additional Provisions Applicable Only to Consumer Accounts

6. Additional Provisions Applicable Only to Business Accounts

 

1. General Description of Online Banking Service Agreement

1.A. What This Agreement Covers

This Agreement between you and Home State Bank (Bank) governs the use of Online Banking services. These services permit Bank customers (consumers and business customers) to perform a number of banking functions through the use of a personal computer or, for some functions, a mobile device (as discussed in Section 2.C), on accounts eligible to link to the service. Unless indicated otherwise by the context, "eligible Bank accounts" or "eligible accounts" refers to all of your eligible accounts with Bank or its affiliates that you have linked to Online Banking services. Bank reserves the right to determine, in its sole discretion, those Bank accounts that are eligible to be linked by you to Online Banking services. Bank may provide you with online banking help pages and frequently asked questions (FAQs), quick reference guides, video tutorials or other operating procedures (collectively, the "User Guides") in connection with certain services. You agree to: (1) comply with the User Guides that Bank provides or makes available to you; and (2) take reasonable steps to protect the confidentiality and security of any proprietary property or information that Bank provides to you in connection with the Online Banking services. Except as otherwise specifically provided, as used in this Agreement, (i) "Applicable Law" or "Applicable Laws" means all federal, state or local laws or regulations, or any other requirements, official commentaries or guidance of any agency or division of the federal government or any state or local government; (ii) "Business account" means an account that is not a Consumer account; (iii) "Business Day" has the meaning set forth in Section 4.D; (iv) "Consumer account" means an account established primarily for personal, family, or household purposes; (v) "Bank," "we" and "us" refer to Home State Bank; and (vi) "You" and "your" refer to a user of Bank’s Online Banking services who has enrolled in Bank’s Online Banking services.

1.B. Accepting the Agreement

When you use any of the Online Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

1.C. Relation to Other Agreements

Your use of Online Banking services may also be affected by the agreements between you and us for your eligible Bank accounts. When you link an account to Online Banking services, you do not change the agreements you already have with us for that account. For example, when you use Online Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking. Except as otherwise provided in this Agreement, where any terms and conditions contained in any other agreements between us for your eligible Bank accounts conflict with the terms of this Agreement, the terms of this Agreement control unless the other agreement to which Bank is a party provides that its terms shall prevail.

2. Online Banking Services

Note: If you access Online Banking through Bank's "Mobile Banking" (as defined in Section 2.C) services or applications, or through an indirect service, all of the features of Online Banking may not be available. To access all of the features and services offered by Online Banking, sign in directly through our web site at www.homestatebank.com from a personal computer. Within Online Banking, you can also access optional services such as Bill Payment, Popmoney® Personal Payments Service, and Account-to-Account (A2A℠) Transfer Service. Please refer to this Agreement, your deposit account agreement ("Account Agreement") and fee schedule for information on fees for Online Banking services.

2.A. Online Banking

You may use Online Banking to:

  • Transfer funds between your eligible Bank checking and savings accounts on either a one-time or recurring basis.
  • Transfer funds to select customers in Bank.
  • Make payments from your eligible Bank checking or savings accounts to an eligible Bank loan account.
  • View current balance information for your eligible Bank checking and/or savings accounts.
  • Review available transactions for your eligible accounts.
  • Perform self-service account maintenance such as re-ordering checks, viewing copies of paid checks, viewing copies of monthly checking or saving statements, stopping payment on checks, changing address and phone number, and changing your Online ID and Online password.
  • Send us secure online mail messages and questions regarding your Online Banking services.

2.B. Bill Payment Services

In addition to the Online Banking features listed in Section 2.A above, Bank customers with eligible deposit accounts may also enroll to use the optional Bill Payment service described in this Agreement provided by Bank through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc.

If you are a Bank customer with an eligible deposit account, you may use the Bill Payment service to make one-time or recurring payments online from your eligible checking account(s) to companies or individuals ("Payees") you select. For customers with an eligible account, you may use the bill presentment and delivery feature to:

  • Receive bills from participating Payees
  • View Payee bill summary and bill detail information

2.C. Mobile Banking Services

In addition to the Online Banking features listed in Section 2.A above, Online Banking customers who have eligible accounts and approved cellular telephones or similar wireless communication devices, may enroll to use certain optional mobile banking services (collectively, "Mobile Banking"), which allow you to conduct certain banking functions through the use of your approved mobile device. If you have requested to use, and Bank has agreed to provide you, one or more Mobile Banking services, you understand and agree that you must enter into and comply with Bank's Mobile Banking Addendum Mobile Banking Addendum to this Agreement.

2.D. Popmoney® Personal Payments Service

In addition to the Online Banking features listed in Section 2.A above, Online Banking consumer customers with eligible Consumer accounts may use the Popmoney® Personal Payments Service (1) to initiate a "Payment Instruction" (as defined in Section 3.I) from an "Eligible Transaction Account" (as defined in Section 3.I) to an account of another person at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable). The Instant Payments feature of the Popmoney® Personal Payments Service facilitates real-time payments via the use of PIN debit card Payment Networks to deliver funds immediately.

2.E. Account-to-Account (A2A℠) Transfer Service

In addition to the Online Banking features listed in Section 2.A above, Online Banking consumer customers with eligible Consumer accounts may use the Account-to-Account 

(A2A℠) service to transfer funds to or from your eligible deposit account at Bank and any other account held by you at another U.S. financial institution.

3. Description of Online Banking Services

 

3.A. Transfers (does not apply to A2A℠ Transfers, except as otherwise provided)

  • Processing of Transfer Requests
    • Transfers can be made in 2 ways, on a 1-time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals.
    • One-time immediate transfers can be made from an eligible Bank checking or savings account to most eligible Bank accounts.
    • Scheduled and recurring transfers can be made from an eligible Bank checking or savings account to an eligible Bank checking or savings account.
    • Transfers from a deposit account are immediately reflected in the account's available balance
  • Scheduled and Recurring Transfers
    • Transfers scheduled for a weekend or a non-Business Day will be processed on the prior Business Day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the Business Day requested.
  • Transfers to Credit Accounts
    • Funds transferred as a payment to loan account before 5 p.m. MT will be credited on the Business Day the payment is submitted. Transfer payments submitted after 5 p.m. MT will be credited on the next Business Day.
  • Transfers to Deposit Accounts
    • Funds transferred to a deposit account (excluding transfers from a credit card) prior to 5 p.m. MT on a Business Day will appear with the same day's date in the deposit account transaction history.
    • Please note, transfers to any deposit account on a Saturday, Sunday or Bank holiday, will appear with our next Business Day's date in the deposit account transaction history.
    • All transfers submitted to a deposit account (such as checking or savings) are immediately reflected in the account's available balance.

3.B. Bill Payment Service

  • The terms of this Section 3.B (this "Section") govern the Bill Payment service terms and conditions contained in this section. If there is a conflict between any of the other terms of this Agreement and the terms of this Section, the terms of this Section will govern your use of the Bill Payment Service.
  • Service Definitions

"Service" or "the Service" means the bill payment service offered by Bank, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc.

"Customer Service" means the Customer Service department of Bank or its service provider partners. Please see the "Errors and Questions" subsection of this Section below for Customer Service contact information.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

  •  Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

  • The Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Section.

  • Payment Authorization and Payment Remittance

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly.However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: 

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances. 

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

  • Payment Methods

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (Funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

  • Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

  • Stop Payment Requests

A stop payment order against a scheduled payment may be honored if received at least three (3) Business Days before the scheduled date of the Bill Payment. If we honor a stop pay request against a scheduled Bill Payment received on or within three (3) Business Days of the scheduled payment, we do so without any liability or responsibility to any party having any interest in the entry. We may require you to provide us written confirmation of a verbal stop order request against a Bill Payment within fourteen (14) calendar days. Additionally, if you request us to stop all future payments pursuant to a specific bill payment authorization involving a particular party, we may require you to confirm in writing that you have revoked such authorization.

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

  • Prohibited Payments

Payments to Billers outside of the United States or its territories are prohibited through the Service.

  •  Exception Payments

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The 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. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

  • Bill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to

another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting

the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Section does not alter your liability or obligations that currently exist between you and your Billers.

  • EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 866-203-5939 during Customer Service hours.

  • Your Liability for Unauthorized Transfers

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

  • Errors and Questions

In Case of Errors or Questions About Your Electronic Transfers. As soon as possible, telephone us at 970-203-6100 or toll free at 866-203-5939 during business hours or write us at Home State Hank, 2695 W. Eisenhower Blvd., Loveland, CO 80537, or E-mail us at info@homestatebank.com, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We would like to hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.

    • Tell us your name and account number (if any).
    • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    • Tell us the dollar amount of the suspected error.
    • If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

    1. Where it is necessary for completing transactions;
    2. Where it is necessary for activating additional services;
    3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
    4. To a consumer reporting agency for research purposes only;
    5. In order to comply with a governmental agency or court orders; or,
    6. If you give us your written permission.
  • Service Fees and Additional Charges

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

  • Failed or Returned Transactions

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

    1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
    2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
    3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
    4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
    5. The Service is authorized to report the facts concerning the return to any credit reporting agency.
  • Alterations and Amendments

The terms and conditions contained in this Section, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Section as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

  •  Address or Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

  • Service Termination, Cancellation or Suspension

In the event you wish to cancel the Service, please contact Customer Service via one of the following:

1. Telephone us at 866-203-5939 during Customer Service hours; or,

2. Write us at:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

  • Biller Limitation

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Section.

  • Returned Payments

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

  • Information Authorization

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

  • Disputes

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

  • No Waiver

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,

INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

3.C. Limitations and Dollar Amounts for Transfers (does not apply to A2A℠ Transfers)

  • Transfers made using Online Banking are subject to the following limitations:
    • One-time immediate transfers between eligible Bank accounts can be for any amount between $1.00 and the available balance in the account.
    • Scheduled and recurring transfers between eligible Bank accounts can be for any amount between $1.00 and $999,999.99.
  • All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.
  • At our discretion we may refuse to process any transaction that exceeds any of the above limits. In this case, you are responsible for making alternate arrangements or rescheduling the transfer within Online Banking.

3.D. Transfer/Payment Authorization and Sufficient Available Funds

  • You authorize Bank to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments.
  • You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.
  • The completion of a transfer or payment is subject to the availability of sufficient funds (including any overdraft protection plans) at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable Account Agreement and fee schedule for details. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution.
  • At our option, we may make a further attempt to issue the payment or process the transfer request.
  • Bank is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within Online Banking.

3.E. Canceling Transfers (does not apply to A2A℠Transfers)

  • Future-dated and recurring transfers can be canceled by you if it is not in a "Process" Status. If the transfer's status is "In Process" or "Processed," you can no longer cancel it. After you cancel a future-dated transfer, the status changes to "Canceled." Canceled transfers remain under Review Transfers.

Alternative Method

  • Note: The easiest and most convenient way to cancel a transfer is through the method described above. However, you may request to cancel a future-dated transfer by calling us at 866-203-5939 during Customer Service hours.
  • We must receive your request three (3) Business Days or more before the payment or transfer is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you call or write to cancel a transfer that is pending, you will be charged for a stop payment in accordance with the agreement for the appropriate eligible account.

3.F. Our Liability for Failure to Cancel or Stop the Transfer

If you attempt to cancel a transfer in accordance with the above instructions and we do not do so, we will be liable for your losses or damages.

3.G. Accounts Eligible for Your Online Banking Services

When you first set up your Online ID, we will link all of your eligible Bank accounts. If you open an additional eligible account at a later date, we will link your new account to Online Banking, unless you instruct us not to do so. If you want to limit the accounts eligible or the activity level assigned to an account, please call us at 866-203-5939 and a representative will discuss the available options with you. 

3.H. GoToMyCard Credit Card Payments

Credit card payments may be made online through the GoToMyCard website. A link to this site is provided in both Retail and Business Online Banking.

3.I. Popmoney® Personal Payments Service

  • Introduction. The terms of this Section 3.I (hereinafter "this Section") govern your use of the Popmoney® Personal Payments Service (the "Popmoney® Service" or "Service") offered through our online banking site or mobile applications (the "Site") (the "Service"). This Section applies to your use of the Service and the portion of the Site through which the Service is offered. If there is a conflict between any of the other terms of this Agreement and the terms of this Section, the terms of this Section will govern your use of the Popmoney® Service.
  • Description of Service. The Popmoney® Service enables you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable). Although the ACH Network is often used to execute Popmoney® Service Payment Instructions for the Popmoney® Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payments must be made through the Site and are subject to the terms of this Agreement and Applicable Laws, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and Applicable Laws, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the "Popmoney® Website") and if you choose to initiate or receive a payment at the Popmoney® Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney® Website and Applicable Laws, in each case as in effect from time to time.
  • Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Popmoney® Service and we are solely responsible to you and any Sender, Receiver and Requestor to the extent any liability attaches in connection with the Popmoney® Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Section, and that the Service Providers will be third party beneficiaries of this Section and will be entitled to all the rights and protections that this Section provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" section at the bottom of this Section. 
  • Amendments. We may amend this Section and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Section on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Section as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Services more recent revisions, updates, upgrades or enhancements.
  • Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).
  • Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

We may also be reached at 866-203-5939 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Section.

  • Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in the subsection of this Section entitled "Notices to Us Regarding the Service" above. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
  • Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us at that number and/or e-mails from us for our everyday business purposes (including identify verification). You further consent to receiving text messages from us at that number, and/or e-mails from us for marketing purposes. Please review our Privacy Policy for more information.
  • Receipts and Transaction History. You may view your Popmoney® transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
  • Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
  • Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
  • Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
  • Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
    • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
    • Payments that violate any law, statute, ordinance or regulation; and
    • Payments that violate the Acceptable Use terms in the subsection of this Section entitled "Acceptable Use" below; and
    • Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any 
    • Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
    • Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and
    • Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in the subsection of this Section entitled "Notices to Us Regarding the Service" above, of any violations of this subsection or this Section generally.

  • Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in the subsection of this Section entitled "Notices to Us Regarding the Service" above, of any violations of this subsection or this Section generally.
  • Payment Authorization and Payment Remittance. 
    • By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
    • When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
    • You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
    • You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. 
    • We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
      • If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
      • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
      • The payment is refused as described in the subsection of this Section below entitled "Payment Cancellation, Stop Payment Requests and Refused Payments";
      • You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
      • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
    • It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
  • Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.

Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney® Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney® Website and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney® Service, the Receiver may access the Popmoney® Service at his or her financial institution's website or mobile application to complete the Payment Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney® Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account), or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Popmoney® Service with certain required information such as his or her Eligible Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Section. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of the subsection of this Section below entitled "Payment Cancellation, Stop Payment Requests and Refused Payments".

  • Receiving Payments. If another person wants to initiate a Payment Instruction (including in response to a Popmoney® Request, if applicable) using the Popmoney® Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney® Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Popmoney® Service or at the Popmoney® Website. Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney® Requests, each as applicable, from others through the Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney® Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney® Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney® Request may not receive, or otherwise may reject or ignore, your Popmoney® Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney® Request.

  • Payment Methods and Amounts. There are limits on the amount of money or gift card value you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment.
  • Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver's Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver's Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting Customer Service. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through the Site. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a Payment Instruction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
  • Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with Customer Service for the Service in the manner set forth in the subsection of this Section entitled "Notices to Us Regarding the Service," above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
  • Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 99588. To stop receiving text messages on your mobile phone, text "STOP" to this number: 99588.
  • Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Service Fees and Additional Charges. You understand and agree that you are responsible for paying all fees associated with your use of the Service found on the current Fee Schedule. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Request Money, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

  • Failed Or Returned Payment Instructions. In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
    • You will reimburse us immediately upon demand the amount of the Payment Instruction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;
    • You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
    • We are authorized to report the facts concerning the return to any credit reporting agency.
  • Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of the Service or by contacting Customer Service for the Service as set forth in the subsection of this Section entitled "Notices to Us Regarding the Service" above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
  • Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Section.
  • Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.
  • Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible
  • Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Section, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Section as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Section for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.
  • Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in the subsection of this Section entitled "Notices to Us Regarding the Service" above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Section.
  • Errors, Questions, and Complaints.

In Case of Errors or Questions About Your Electronic Transfers. As soon as possible, telephone us at 970-203-6100 or toll free at 866-203-5939 during business hours or write us at Home State Hank, 2695 W. Eisenhower Blvd., Loveland, CO 80537, or E-mail us at info@homestatebank.com, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We would like to hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.

    • Tell us your name and account number (if any).
    • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Intellectual Property. "Popmoney" is a trademark of CashEdge Inc. or its Affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors' exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
  • Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise eligible to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
  • Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in the subsection of this Section entitled "Notices to Us Regarding the Service" above. See also the subsection of this Section entitled "Your Liability For Unauthorized Transfers" above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
  • Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Section or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Section, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this subsection entitled "Remedies" are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
  • Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Section.
  • Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties , their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Section and/or your use of the Site or the Service.
  • Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the Service. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
  • Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  • Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN THE SUBSECTIONS OF THIS SECTION ENTITLED "ARBITRATION" AND "LAW AND FORUM FOR DISPUTES" ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS SECTION SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  • Complete Agreement and Survival. You agree that this Section and the other applicable portions of this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. Those subsections of this Section entitled "Service Providers," "Notices to Us Regarding the Service," "Notices to You," "Text Messages, Calls and/or Emails to You," "Privacy of Others," "Taxes," "Failed or Returned Payment Instructions," "Intellectual Property," "Remedies," "Disputes," "Arbitration," "Law and Forum for Disputes," "Indemnification," "Release," "No Waiver," "Exclusion of Warranties," "Limitation of Liability," and "Complete Agreement and Survival," as well as any other terms which by their nature should survive, will survive the termination of this Section or of this Agreement. If there is a conflict between the terms of this Section or any other provision of this Agreement and something stated by an employee or contractor of ours (including but not limited to its Customer Service personnel), the terms of this Section and/or the other applicable terms of this Agreement will prevail.
  •  Definitions.
    • "ACH Network" means the funds transfer system, governed by the NACHA Rules, which provide funds transfer services to participating financial institutions.
    • "Affiliates" are companies related by common ownership or control.
    • "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
    • "Eligible Transaction Account" is a Consumer transaction account from which your payments will be debited, your Popmoney® Services fees will be automatically debited, or to which payments and credits to you will be credited. An Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
    • "Payment Instruction" is the information provided by the Sender to the Popmoney® Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).
    • "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
    • "Popmoney® Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney® Service.
    • "Receiver" is a person or business entity that is sent a Payment Instruction through the Service.
    • "Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney® Service.
    • "Sender" is a person or business entity that sends a Payment Instruction through the Service.
    • "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

3.J. Account-to-Account ("A2A℠") Transfer Service

  • Introduction. The terms of this Section 3.J (hereinafter "this Section") govern your use of the A2A℠Transfer Service (the "Service") offered through our online banking site (the "Site"). This Section applies to your use of the Service and the portion of the Site through which the Service is offered. By accessing the Service, you acknowledge that you have read and agree to this Section. Please read this Section carefully. This Section outlines the legally binding terms and conditions for your use of the Service. If there is a conflict between any of the other terms of this Agreement and the terms of this Section, the terms of this Section will govern your use of the Service.
  • Service Providers. We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Section to delegate to Service Providers all of the rights and performance obligations that we have under this Section, and that the Service Providers will be intended third party beneficiaries of this Section and will be entitled to all the rights and protections that this Section and the other sections of this Agreement provides to us. "Service Provider" and certain other terms are defined in a "Definitions" section at the end of this Section.
  • Amendments. We may amend this Section and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Section as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service's more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.
  • Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).
  • Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in the subsection entitled "Errors, Questions and Complaints" below. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
  • Calls to You. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you've requested through the Service.
  • Receipts and Transaction History. You may view at least six months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
  • Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
  • Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors.
  • Acceptable Use. You may use the Service to transfer funds as described in the subsection entitled "Transfer Authorization and Processing" below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in the subsection entitled "Errors, Questions and Complaints" below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.
  • Transfer Authorization and Processing. (a) The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States. (b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below in the subsection entitled "Service Fees and Additional Charges." You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds. (c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
    • If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
    • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
    • The transfer is refused as described in the subsection entitled "Transfer Cancellation Requests and Refused Transfers" below;
    • You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,
    • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. (d) It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
  • Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.
  • Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by Applicable Law.
  • Stop Payment Requests. A stop payment order against a scheduled electronic transfer may be honored if received at least three (3) Business Days before the scheduled date of the transfer. If you as a Sender desire to stop any electronic transfer that has already been processed, you must contact Customer Service for the Service pursuant to the subsection entitled "Errors, Questions and Complaints" below. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
  • Your Liability For Unauthorized Transfers. If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
  • Taxes. It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.
  • Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
  • Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that: (a) You will reimburse us immediately upon demand the transfer amount that has been returned to us; (b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; (c) You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit; (d) You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and, (e) We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
  • Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service's help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.
  • Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
  • Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.
  • Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
  • Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 866-203-5939 during Customer Service hours; and/or write us at

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

Any transfer(s) we have already processed before the requested cancellation date will be completed by us.

  • Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Section, this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Section or the other terms of this Agreement.
  • Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Section. You and we agree that this Section and the other applicable portions of this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Section. If there is a conflict between the terms of this Section or any other provision of this Agreement and something stated by an employee or contractor of ours (including but not limited to its Customer Service personnel), the terms of this Section and/or the other applicable terms of this Agreement will prevail.
  • Errors, Questions, and Complaints.

In Case of Errors or Questions About Your Electronic Transfers. As soon as possible, telephone us at 970-203-6100 or toll free at 866-203-5939 during business hours or write us at Home State Hank, 2695 W. Eisenhower Blvd., Loveland, CO 80537, or E-mail us at info@homestatebank.com, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We would like to hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.

o Tell us your name and account number (if any).

o Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 

o Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Waiver of Class Action Claims. Both parties agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Section as a class action.
  • Arbitration. Both parties agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any Service Provider or other intended third party beneficiary arising under or relating to this Section through binding arbitration. Both parties stipulate and agree that this Section evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows: a. We and you expressly agree that under no circumstances shall any dispute or claim arising under or relating to this Agreement be subject to arbitration on a class wide or collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or you may, at the option of the claiming party, pursue any claim in small claims court instead of arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the small claims court, whichever is less; and the small claims court must otherwise have jurisdiction of the claim and the parties.
  • Arbitration Procedure. You or we may commence arbitration, at the claiming party's election, administered either by JAMS (formerly known as "Judicial Arbitration and Mediation Services"), or the American Arbitration Association ("AAA"). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. a. You may, if you wish, commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii) the JAMS "minimum standards" for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. b. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If the claiming party selects non-appearance-based arbitration, the parties agree that the following rules shall apply: (i) the arbitration may be conducted telephonically, and/or online, or be based solely on written submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall not require any travel or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) discovery shall not be permitted. c. When we or you (whoever is the party commencing arbitration) do not select non-appearance-based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. d. Neither we nor you shall seek any award of attorney's fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Section, in any arbitration claim arising under or relating to this Section, except that the arbitrator may award attorney's fees when (and only to the extent that) the applicable law requires an award of attorney's fees to the prevailing party.
  • Arbitrability Issues to Be Decided By Arbitrator. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Section of this Agreement including, but not limited to any claim that all or any part of this Section of this Agreement is void or voidable.
  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
  • Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to 1542 of the California Civil Code.
  • No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
  • Intellectual Property. All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
  • Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise eligible to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
  • Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in the subsection entitled "Errors, Questions and Complaints" above. See also the subsection entitled "Your Liability For Unauthorized Transfers" above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
  • Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  • Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN THE SECTIONS OF THIS SECTION ENTITLED "ARBITRATION," "ARBITRATION PROCEDURE" AND "ARBITRABILITY ISSUES TO BE DECIDED BY ARBITRATOR" ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
  • Complete Agreement and Survival. This and the other applicable portions of this Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. Those subsections of this Section entitled "Notices To You," "Calls To You," "Disputes," "Waiver of Class Action Claims," "Arbitration," "Arbitration Procedure," "Arbitrability Issues to Be Decided By Arbitrator," "Indemnification," "Release," "No Waiver," "Intellectual Property," "Exclusion of Warranties," "Limitation of Liability," "Complete Agreement and Survival," and "Definitions," as well as any other terms which by their nature should survive, will survive the termination of this Section or of this Agreement.
  • Definitions.
    • "Account" means a Consumer checking, money market or savings account.
    • "Affiliates" mean companies related by common ownership or control.
    • "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
    • "Recipient Account" is the account to which your funds will be credited.
    • "Sender" means the Transaction Account holder initiating a transfer through the Service.
    • "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.
    • "Site" means the online banking website through which the Service is offered.
    • "Transaction Account" is the Account from which your funds will be debited, your A2A℠Service fees will be automatically debited, or to which funds will be returned.
    • "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

4. Other Terms and Conditions

4.A. Monthly Service Charge

Except as otherwise provided in this Agreement or your applicable Account Agreement and schedule of fees, there is no monthly service charge for accessing your eligible accounts with the Online Banking service.

4.B. Other Charges

In addition to the fees already described in this Agreement, you should note that depending on how you access Online Banking, you might incur charges for:

  • Normal account fees and service charges.
  • Any Internet service provider fees.
  • Any wireless carrier fees.
  •  Purchase of computer programs such as Personal Financial Management (PFM) software.
  • Fees may be assessed for added self-service features available through Online Banking customer service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Account Agreement.
  • An NSF-fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
  • We may charge you a research fee for an inquiry about a transaction under certain circumstances. Please refer to our schedule of fees.

4.C. Service Hours

Bank will attempt to make Online Banking services available 365 days a year and 24 hours a day, except during system maintenance and upgrades and for a short time each day for data processing. Customer Service hours for the Bill Payment service provided by Bank through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc., including Popmoney® and Account-to-Account transfers (A2A℠), are from 5 a.m. to 11 p.m. MT, seven days a week at 844-596-1057. Our Bank Call Center for other Online Banking services is available Monday through Friday from 7:30 a.m. to 10 p.m., and Saturday from 8 a.m. to 6 p.m. MT, excluding federal bank holidays, at 866-203-5939. You may also write us at:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 8053

4.D. Business Days

For Online Banking services, our business days ("Business Days") are Monday through Friday, excluding bank holidays. For investment accounts only, all stock exchange closures and holidays will be observed (such as Good Friday) as well as the bank holidays.

4.E. Canceling Your Online Banking

Your Online Banking services remain in effect until they are terminated by you or Bank. You may cancel your service at any time by notifying us of your intent to cancel in writing, through Online Banking secure mail, or by calling Online Banking customer service at 866-203-5939. This cancellation applies to your Online Banking services, and does not terminate your Bank accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.

We may terminate your participation in all or any Online Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so. Without limiting the generality of the foregoing, (i) if you do not log into Online Banking at least once every six (6) months, your registration will expire and you will have to register again; and (ii) we may terminate or your right to use any of the Online Banking services immediately upon becoming aware that you are violating the terms of this Agreement, or violating any law, or are otherwise engaging in activity that is not permitted under this Agreement and that may be detrimental to us or to any third party. If your registration expires or your participation in Online Banking is otherwise terminated, you will not have access to Online Banking and online statements (if elected) will revert to paper statements.

If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. Bank will cancel any scheduled payments within three (3) Business Days from the date we receive your request to discontinue the service if the payments have not been processed. If you close your primary checking account, or if it's no longer eligible to your service, your Online Banking service will end, and any unprocessed payments will be canceled.

4.F. Joint Accounts

When your Online Banking service is linked to one or more eligible joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

All owners of joint accounts are required to have separate, individual Online Banking accounts in order to access these services. All Online Banking users are strongly discouraged from providing their login credentials to anyone, including other joint account owners, and assume all responsibility for misuse or loss due to access granted by you.

If you grant access to anyone individual by sharing of your Online Banking login credentials, you represent and warrant that that individual will be acting as your agent and on your behalf, will be bound by this Agreement and any separate agreement governing the account, and is fully authorized by you to act based on the rights of all owners or authorized representatives of the account. An agent appointment by one account owner/signer or authorized signer for an account will be considered an agent appointment by all other signers of that account.

At all times while appointed as your agent, all transactions that an agent performs on an account, including those you did not want or intend, are transactions authorized by you. The account owner(s) of the account are solely responsible for those transactions, and we are not responsible for them.

4.G. Changes to Agreement

We may change this Agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you use any of the Online Banking services after the effective date of a change, you indicate your agreement to the change. If you do not accept and agree to the changes to this Agreement, you will not be entitled to use the Online Banking service or services affected by the change.

4.H. Use of External Email Address

With Online Banking services, we may send messages to your external email address and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Online Banking services. If you subscribe to the electronic bill presentment service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use Online Banking secure mail to send instructions to Bank. If, for any reason your external email address changes or becomes disabled, please contact Bank immediately so that we can continue to provide you with automated messages. Because we may also use external email to send important notices about service and privacy changes, we require that every Online Banking customer provide us with a valid and current external email address. You are responsible for providing us with a valid email address and you may notify us of any changes to your external email address through the Options tab within your Online Banking service.

4.I. Transfers From Money Market Deposit Accounts

Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or Online Banking transfers or payments from a money market deposit account each monthly statement cycle. If checks or debit cards are allowed on the account, no more than three of the six (6) transfers may be made by debit card purchase, check or similar order. If you exceed these limits on more than an occasional basis, we may convert your account to another type of account and your account may no longer earn interest.

Each transfer or payment through the Online Banking services from your money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you not use a money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.

4.J. Contact by Bank or Affiliated Parties

No Bank or Payee employee, nor any company affiliated with Bank Online Banking, will contact you via email or phone requesting your Online ID or online password. If you are contacted by anyone requesting this information, please contact us immediately.

4.K. Reporting Unauthorized Transactions

For reporting unauthorized transactions, please call us at 866-203-5939.

You may also write us at:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

4.L. Disclosure of Account Information

We may disclose information to third parties about you or your transactions in the following instances:

  • When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
  • Where it is necessary for activating additional services
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
  • To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
  • If you give us your permission
  • On a closed account, if we reasonably believe you have mishandled it

For more information about our privacy and security practices and a link to our Privacy Policy go to our Web site at https://www.homestatebank.com/. 51

4.M. Account Statements

We report your Online Banking transactions on the monthly statements for your eligible accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement. In Online Banking, the monthly statement for your checking account is shown on the Statements tab. Note: Online statements are not available for viewing using Mobile Banking.

4.N. Restrictions on Use.

You agree not to use Online Banking services, including, without limitation, Mobile Banking applications, and any other software or other technology or materials provided by Bank or any of its service providers in or for any illegal, fraudulent, unauthorized or improper manner or purpose and Online Banking services will only be used in compliance with all Applicable Laws, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Online Banking services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Bank or any third-party service provider involved in the provision of Online Banking services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us, any third-party service provider involved in providing Online Banking services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of a service provider or any third party. You agree that you will not attempt to: (i) access Online Banking services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of Online Banking services, the security of Online Banking services, or other customers of the Online Banking services, or otherwise abuse Online Banking services.

4.O. Exclusion of Warranties.

BANK ONLINE BANKING AND ALL OF THE OPTIONS AND FEATURES MADE AVAILABLE THROUGH BANK ONLINE BANKING, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANK DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE ONLINE BANKING SERVICES (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ARE ERROR FREE).

4.P. Limitation of Liabilities and Indemnification.

  • EXCEPT AS STATED IN THIS AGREEMENT OR TO THE EXTENT APPLICABLE LAW MAY REQUIRE OTHERWISE, YOU AGREE THAT NEITHER WE NOR OUR THIRD-PARTY LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS WILL HAVE ANY LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY BECAUSE OF DELAYS, ACTS, OMISSIONS, OR POLICIES OF ANY GOVERNMENTAL AGENCY, FINANCIAL INSTITUTION, ACH OPERATOR, RECEIVING DEPOSITORY FINANCIAL INSTITUTION OR OTHER PARTY THROUGH WHICH A FUNDS TRANSFER SUBJECT TO THE AGREEMENT IS EFFECTED (WHETHER OR NOT SELECTED BY US), INCLUDING, WITHOUT LIMITATION, THE FAILURE OF ANY SUCH INSTITUTION, OPERATOR, AGENCY OR PARTY TO PROCESS, CREDIT, DEBIT, ACCOUNT FOR OR PAY OVER THE FUNDS TRANSFERRED OR ANY DELAY BY SUCH INSTITUTION, OPERATOR, AGENCY OR PARTY IN PROCESSING ANY CREDIT OR DEBIT ENTRY YOU ORIGINATE.
  • NEITHER WE NOR OUR THIRD-PARTY LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE TO YOU AND YOU AGREE TO INDEMNIFY AND HOLD US AND SUCH THIRD PARTIES HARMLESS FROM ANY LIABILITY FOR OUR FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT BECAUSE OF LEGAL CONSTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION AND/OR COMMUNICATIONS FACILITIES, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, ACTS OF GOD, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR OR THEIR CONTROL.
  • IN NO EVENT WILL WE OUR THIRD-PARTY LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY LOST PROFITS,
  • CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR LOSSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO AGREE TO INDEMNIFY AND HOLD US AND OUR THIRD-PARTY LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS HARMLESS (INCLUDING THE PAYMENTS OF REASONABLE ATTORNEY’S AND PARALEGAL FEES AND OTHER COSTS) AGAINST ALL LIABILITY TO YOU OR TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE TERMS, CONDITIONS OR SERVICES PROVIDED UNDER THE AGREEMENT OR OTHERWISE PURSUANT TO YOUR INSTRUCTIONS UNLESS SUCH CLAIM RESULTS FROM AN ACT OR OMISSION MADE BY US OR BY ANY LICENSOR, SUPPLIER, OR SERVICE PROVIDER IN BAD FAITH.

4.Q. Third Parties.

Bank may contract with third party service providers or other parties with respect to one or more of the Online Banking Services or the provision of an Online Banking Service or parts thereof. To the extent applicable to you and made known to you, you agree to comply with the requirements of the contracts between Bank and such third parties relative to the Online Banking Services. Bank may, from time to time, refer you to third parties for the provision of products or services not offered by Bank. You acknowledge and agree that such third parties are not affiliated with or endorsed by Bank. You further agree that Bank does not guarantee such products or services and is not liable for the actions or inactions of any such third parties.

4.R. Equipment.

Bank may recommend or require specific hardware and/or software to be used in connection with one or more Online Banking Services. Such recommendations or requirements may change from time to time. Unless Bank agrees otherwise in writing, Bank makes no representations or warranties in regard to nor will it provide technical support for such hardware or software. You shall be responsible for providing, maintaining, and bearing all costs of all equipment located on your premises that is necessary for using the Online Banking Services, including without limitation, telephones, terminals, modems, computers and computer software. Bank assumes no responsibility for defects or incompatibility of any computers or software that you use in connection with the Online Banking Services

4.S. Miscellaneous.

  • You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We also may assign or delegate certain of our rights and responsibilities under this Agreement to our service providers and any rights or responsibilities so assigned may be exercised or performed by either Bank or its service provider.
  • We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
  • The captions of sections and subsections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law’s provisions. To the extent that the terms of this Agreement conflict with Applicable Law, such state or federal law shall replace such conflicting terms only to the extent required by law. Subject to any section of this Agreement that requires the arbitration of a dispute, you consent to the personal jurisdiction of the State of Colorado or the United States District Court for the District of Colorado, which shall have subject matter jurisdiction of any proceeding related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
  • When you use the Online Banking services, the transaction and other information you enter may be recorded. By using the Online Banking services, you consent to such recording.
  • If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be deleted and the remainder of the Agreement shall be enforced as if such invalid, illegal, or unenforceable provision had never been contained herein.

4.T. Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third party beneficiary arising under or relating to this Agreement.

4.U. Use of System and Services.

  • By accessing the Online Banking system or using any Online Banking services, you hereby acknowledge that you will be entering a protected web site owned by Bank, which may be used only for authorized purposes. Bank may monitor and audit usage of the Online Banking system and services and you agree that use of any of the Online Banking services constitutes your consent, on behalf of yourself and all other users by or through you, to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.
  • The Online Banking services constitute Proprietary and Confidential Information (as such term is defined below) of Bank or Bank’s licensors, vendors, or third party service providers. You will not acquire any rights in the Online Banking services by virtue of using such services or otherwise. You shall not (i) make use of the Proprietary and Confidential Information, or that of Bank’s licensors, vendors, or third party service providers, other than as may be necessary to use an Online Banking service and then such use shall be limited to that purpose for only so long as You uses such service; or (ii) disclose, divulge, distribute, publish, reproduce or transfer Bank’s Proprietary and Confidential Information, or that of its licensors, vendors, or third party service providers except to persons who require access for your use of the Online Banking services, or as required by law.
  • For purposes of this Agreement, "Proprietary and Confidential Information" means any and all agreements, documents, data, records and other information with respect to the Online Banking services, including the terms of this Agreement, fees charged for the Online Banking services, User Guides, software and software licenses relating to the Online Banking services, user identification, passwords, codes, keys, security devices, policies and procedures, embedded algorithms, and other similar devices and information relating to the Online Banking services. Confidential and Proprietary Information does not include information relating to the Online Banking services which is generally available and known to the public and its availability was not the result of wrongful or improper disclosure by You.

4.V. General Security Procedures. Each individual who has access to Bank’s Online Banking system, including each individual named on joint accounts, must designate an Online password and an Online ID. Your password must be a minimum of six characters and a maximum of 19, and must consist of at least one (1) numeric character, plus alpha characters. For example, your password may be: 123signup. Passwords are case sensitive. You may be required to change your password periodically to enhance security.

4.W. Communications Between Bank and You. Unless this Agreement (including, without limitation, the Online Banking E-Notification Agreement) provides otherwise, notices to Bank concerning this Agreement or the Online Banking services must be sent by postal mail to:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

We may also be reached for questions and other purposes concerning the Online Banking service by e-mail or telephone as provided below, but such e-mail messages or telephone calls will not constitute legal notices under this Agreement.

You can communicate with us in any one of the following ways (normal Bank Call Center hours are from 7:30 a.m. to 10:00 p.m. Mountain Time Monday through Friday, and on Saturdays from 8:00 a.m. to 6:00 p.m. MT):

  • Telephone: You can contact us by telephone at 1-970-203-6100, 1-303-682-8906 or 1-866-203-5939
  • E-mail: You can contact us by e-mail at bank@homestatebank.com . (Please note that banking transactions through Online Banking services are not made via e-mail.)
  • Facsimile: You can contact us by fax at 1-970-667-0745.

4.X. Account Statements and Documents

  • Account Statements and Transaction Details. For deposit accounts, we report your Online Banking transactions on the monthly or periodic statements for your eligible accounts. A description of each transaction, including whom you paid, if available, and the date and amount of the transaction will appear on your statement.

In Online Banking, the account statements and documents (including notices) for your eligible checking, savings, money market, credit card, business line of credit, mortgage and loan accounts are shown under the Statements tab. Note: Online statements and documents are not available for viewing using Mobile Banking.

  • Enrollment in E-Statements and Documents. As part of Online Banking enrollment, all Online Banking customers must consent to the Online Banking E-Notification Agreement. The E-Notification Agreement allows us to provide this Agreement and certain Online Banking communications electronically. In addition, the E-Notification Agreement provides important information about paperless delivery if you choose to replace certain mailed account statements and documents with paperless (online-only) statements and documents ("E-Statements"). For more details, please review the E-Notification Agreement by visiting the paperless settings page in Online Banking.

On the Statements tab in Online Banking, you can choose paperless delivery for all statements and documents at the account level, or for some eligible accounts, at the document group level. As new document types are added to Online Banking for your chosen paperless account or document group, you will automatically receive those new document types online instead of by mail without needing to make an additional paperless choice. At times, we may, in our sole discretion, mail you a paper copy of certain statements and documents even if you have chosen paperless delivery. When a statement or document is delivered online, we send an email to alert you that it is available for viewing in Online Banking. You must have a valid email address to receive these alerts. E-Statements are generally provided in PDF or HTML format. In order to view, print or save copies of your E-Statements, you will need to ensure that the computer or device you are using meets the hardware and software requirements specified by the E-Notification Agreement.

  • Managing your E-Statements Settings. You can switch your E-Statements back to mail delivery at any time by visiting the E-Statements settings page in Online Banking. It may take up to two months for your revised delivery settings to take effect. Setting your E-Statements delivery preferences may not be available for all accounts, products or services. See the Statements page for more details on the eligible accounts with paperless options, the documents that are currently available to view online, and how to manage your document delivery preferences. We may, in our sole discretion, add to, modify or delete any of the features we provide within our E-Statements service.

5. Additional Provisions Applicable Only to Consumer Accounts

THE TERMS OF THIS SECTION APPLY ONLY TO ELIGIBLE CONSUMER ACCOUNTS AND ONLY TO THE EXTENT THAT YOUR USE OF THE ONLINE BANKING SERVICES AND/OR YOUR APPLICABLE ELIGIBLE ACCOUNTS ARE PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD USE. THE TERMS OF THIS SECTION DO NOT APPLY TO YOU TO THE EXTENT YOUR USE OF THE ONLINE BANKING SERVICES IS FOR NON-CONSUMER PURPOSES. BUSINESS ACCOUNTS ARE NOT PROTECTED BY CONSUMER PROTECTION LAWS INCLUDING, BUT NOT LIMITED TO, REGULATION E.

5.A. In Case of Errors or Questions About Your Electronic Transactions

In case of errors or questions about your Bill Payment transactions, contact us by one the means provided in Section 3.B above. In case of errors or questions about your Popmoney® transactions, contact us by one the means provided in Section 3.I above. In case of errors or questions about your A2A℠transactions, contact us by one the means provided in Section 3.J above. In the case of errors or questions about any of your other electronic transactions, contact us Monday through Friday from 7:30 a.m. to 10 p.m., and Saturday from 8 a.m. to 6 p.m. MT, excluding bank holidays, at 866-203-5939, or by mail at:

Home State Bank

2695 W. Eisenhower Blvd.

Loveland, CO 80537

as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to:

  • tell us your name and Account number (if any);
  • describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
  • tell us the dollar amount of the suspected error.

If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.

5.B. Limitation of Liability for Online Banking Transactions

Security of your transactions is important to us. Use of the Online Banking services may therefore require an Online ID and/ or password. If you lose or forget your Online ID or password, please call 866-203-5939 during Customer Service hours listed above. We may accept as authentic any instructions given to us through the use of your password and Online ID and or security question and answer provided by you. You agree to keep your Online ID and password secret and to notify us immediately if your Online ID or password is lost or stolen or if you believe someone else has discovered your Online ID or password. You agree that if you give your Online ID or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Online Banking services. Online Banking services enables you to change your password; we highly recommend that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Online Banking services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your Online ID or password was used in connection with a particular transaction. If any unauthorized use of your Online ID or password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.

Tell us AT ONCE if you believe your PIN or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) Business Days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe you PIN or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 866-203-5939 during Customer Service hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN ONLINE IDS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL OR VOICEMAIL Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

5.C. Our Liability for Failure to Complete Transactions

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 might be liable for some of 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 money in your account is subject to legal process or other encumbrances restricting transfer;
  • If the transfer would go over the credit limit on your overdraft line (if any);
  • If the automated teller machine or the merchant where you are making the transfer does not have enough cash;
  • If Online Banking services are not working properly when you started the transfer;
  • If circumstances beyond our control (such as fire, flood, or systems failure) prevent the transfer, despite reasonable precautions we've taken;
  • If the Payee mishandles or delays handling payments sent by us.

6. Additional Provisions Applicable Only to Business Accounts

The terms of this section apply only to eligible Business accounts.

6.A. Security

You are advised that certain Business Online Banking services may be provided by way of the Internet using Bank’s Online Banking system (the "System") or other software provided by Bank or its third party service providers.

There are three levels of online access designated by the product names Basic Business, Business Plus and Cash Management. Each is designed to meet you and your company’s online banking needs while ensuring appropriate security access for you and your company’s users.

In Business Plus and Cash Management, in order to access the System and/or access certain Online Banking services, you must designate in writing a person who will be responsible for system administration and all access approval rights within your organization (the "System Administrator"). The Basic Business user, who must be a designated signer on each eligible account, has no such administrator rights.

At the time of enrollment for Business Plus or Cash Management, the Bank will assign the company designated System Administrator(s) a User ID and temporary password. The System Administrator shall assign User IDs and passwords for other individuals who are authorized by you to access the System and/or Online Banking services on your behalf ("Authorized Representatives") for identification of such Authorized Representatives when they give instructions to Bank concerning transfers of funds via the Online Banking System or otherwise acting on your behalf. You understand, and will cause the System Administrator and each Authorized Representative to understand, that you, the System Administrator and the Authorized Representatives are responsible for maintaining the confidentiality of each User ID and password. You agree to notify, and cause the System Administrator and each Authorized Representative to notify, Bank immediately of any actual or even suspected breach of the confidentiality of any User ID or password.

Access to the System and certain Online Banking services requires that you receive and transmit information via connection to the Internet and/or remote computers over telephone lines. You acknowledge that data including e-mail, electronic communications and confidential financial data, may be accessed by unauthorized third parties when communicating to Bank using the Internet or other network or dial-up communications facilities, telephone or any other electronic means. By using the Internet in connection with the Online Banking services or to otherwise communicate with Bank, you are assuming the risk that viruses, Trojan horses, worms, or other harmful components may be transmitted to you. Bank recommends that you install and utilize on its system appropriate anti-virus and/or similar software or use other appropriate protections. YOU ARE SOLELY RESPONSIBLE FOR INSTALLING APPROPRIATE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANTI-VIRUS AND ANTI-SPYWARE SOFTWARE, AS WELL AS FIREWALL(S) ON YOUR COMPUTER HARDWARE TO PREVENT KEY LOGGING AND/OR OTHER INTRUSIONS THAT MAY ALLOW A THIRD PARTY TO UNLAWFULLY VIEW ACTIVITY ON YOUR COMPUTER. BANK DOES NOT WARRANT THAT THE ONLINE BANKING SERVICES, ANY REPORT GENERATED IN CONNECTION WITH THE ONLINE BANKING SERVICES, OR THE SERVERS OR OTHER PROPERTY THAT ARE USED TO PROVIDE THE ONLINE BANKING SERVICES AND ANY REPORTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ACCURATE CREATION, MODIFICATION, AND DELETION OF THE ACCOUNT INFORMATION MAINTAINED ON THE SYSTEM.

With respect to the System Internet access, you agree to use software produced by third parties, including, but not limited to "browser" software that supports a data security protocol compatible with the protocol used by Bank. Until notified otherwise by Bank, you agree to use software that supports the Transport Layer Security (TLS) protocol or other protocols accepted by Bank and follow Bank's log-on procedures that support such protocols. You acknowledge that Bank is not responsible for: (i) notifying you of any upgrades, fixes or enhancements to any such software; or (ii) any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. With the exception of applications commonly known as web browser software, or other applications formally approved by Bank in writing, you agree not to: (i) use any software, program, application or any other device to access or log on to Bank's computer systems, web site or proprietary software; or (ii) automate the process of obtaining, downloading, transferring or transmitting any information to or from Bank's computer systems, web site or proprietary software. In the event of any system failure, Bank reserves the right to require additional documentation, including written authorization via facsimile from the System Administrator before accepting any order reinstating your access to the System. Any transaction initiated or authorized using a valid combination of a login ID and password will be considered authentic, valid and binding by you and Bank.

Where required for any Online Banking service, Bank will make available to you one or more security procedures to be utilized in conjunction with the Online Banking service. Such security procedures, together with the procedures and requirements set forth in this Section 6.A, are collectively referred to herein as the "Security Procedure" or "Security Procedures". The Security Procedure will be described in an implementation document, separate agreement, or contained within the Online Banking service (for example, an online screen or video tutorial). By utilizing the Online Banking service and employing the Security Procedure, you agree that the Security Procedure is commercially reasonable for the type, size and volume of transactions you will conduct using the Online Banking service. Bank reserves the right to change, implement or require new and/or additional Security Procedures or features thereof by giving oral or written notice to you. You agree that your use of the Online Banking service after Bank provides notice of any such described change, will be deemed your acceptance of the new Security Procedure. In addition, you understand and agree that Bank may, in its discretion, adopt other commercially reasonable security procedures from time to time in connection with the Online Banking services, in addition to the Security Procedures, which additional security procedures may not be disclosed by Bank to you.

From time to time, Bank may utilize the Internet and other Online Banking services necessary to offer training and support to you. Some tools utilized by Bank may require Bank personnel to view ("shadow") one of your user’s computer screens. These tools may also require your user to download or install applications allowing the use and access to the user’s screen. You allow use of support tools at your own risk and will hold Bank harmless from any software/hardware conflict, breach of security caused by the application or any other damages caused by use of the software to provide training or support.

If you or your agents have reason to believe that any Security Procedure has or may have become compromised in any manner, or known by unauthorized persons (whether or not employed by you), you must immediately notify Bank by telephone and confirm the oral notification in writing within 24 hours. You will be solely liable for all fund transfer instructions and other communications and transactions that were initiated utilizing your Security Procedures before Bank received and had a reasonable opportunity to act on the notice.

You acknowledge and agree that the purpose of Security Procedures is to verify the authenticity of the transaction, not to detect errors in the transmission or content of the transaction.

You assume full responsibility for its selection of, access to, and use of Online Banking services obtained from Bank. You shall be responsible for the confidentiality, maintenance, and use of your financial information, and of any access number(s), password(s), log-in ID(s), security token(s), personal identification number(s), passcode(s) and account number(s) assigned to you. If you require more than one authorized signer's signature or authorization to conduct certain transactions related to your account(s) or the Online Banking services, this requirement will be deemed solely for your own purposes. Bank will not be liable to you as long as at least one authorized signer's signature appears on your checks, drafts, instructions, or orders, or if Bank's records indicate that a transaction, payment or other product use was made by or on behalf of one authorized signer. This includes situations in which you have provided its access number(s), password(s), log-in ID(s), security token(s), personal identification number(s), passcodes and/or account number(s) to someone else to use.

You agree not to hold Bank liable for following your written orders or instructions. You agree not to hold Bank liable for any damages of any kind resulting from your disclosures of your access number(s), passcode(s), log-in ID(s), or account number(s) to any person. You will be responsible for all orders and instructions entered through and under your access number(s), passcode(s), log-in ID(s), security token(s), personal identification number(s), passcode(s) and/or account number(s), and any orders or instructions so received by Bank will be deemed to have been received from you. All orders and instructions shall be deemed to be made at the time received by Bank and in the form received. You agree to immediately notify Bank if you learn of:

  • any loss or theft of any of your access number(s), passcode(s), log-in ID(s), security token(s), personal identification number(s), passcode(s) and/or account number(s);
  • any unauthorized use of any of your access number(s), passcode(s), log-in ID(s), security token(s), personal identification number(s), passcode(s) and/or account number(s), or of the electronic Online Banking services or any information; or
  • any receipt by you of confirmation of an order that you did not place, or any similarly inaccurate or conflicting report or information.
  • any other breach of security.

If you fail to immediately notify Bank of any of the foregoing occurrences, you agree that Bank will not be liable for any Losses resulting from your failure to give such notice.

6.B. Limitation of Bank's Liability

EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT OR ANY APPLICABLE SEPARATE AGREEMENT, AND EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BANK’S LIABILITY TO YOU IS LIMITED TO DAMAGES ARISING DIRECTLY AND SOLELY FROM BANK’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE IN THE PERFORMANCE OF THE ONLINE BANKING SERVICES; PROVIDED THAT BANK’S MAXIMUM AGGREGATE LIABILITY RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE LESSER OF THE ACTUAL DIRECT DAMAGES SUSTAINED AND PROVEN BY YOU OR THE TOTAL PAID BY YOU FOR THOSE ONLINE BANKING SERVICES RESULTING IN SUCH LIABILITY IN THE MONTH PRECEDING THE DATE THE CLAIM ACCRUED.

You release and agree to hold harmless, defend, and indemnify Bank, its directors, officers, employees, agents, affiliates, controlling persons, agents and representatives and their successors and assigns from and against any and all liabilities, demands, claims, actions or causes of action, assessments, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) and all fines, penalties and interest thereon (collectively, "Losses") as a result or arising out of, directly or indirectly: (i) Bank’s actions or omissions in connection with providing the Online Banking services, if such actions or omissions are in accordance with your instructions or the terms of this Agreement; (ii) any breach of your representations or warranties, or other actions or omissions of you, including, without limitation, your violation of Applicable Laws; (iii) any actions of third parties (including, without limitation, other financial institutions, automated clearinghouses, the Federal Reserve Bank or any third party with which Bank may contract in connection with the Online Banking services to be provided); (iv) any transmission or instruction, whether or not authorized, acted upon by Bank in good faith; or (v) any act or omission by you (or any of your directors, officers, agents, representatives, employees, affiliates controlling persons, and their respective successors and assigns) in connection with, or any intentional or unintentional failure by you (or any of your directors, officers, employees, affiliates, controlling persons, agents and representatives and their respective successors and assigns) to comply with, utilize or follow, information security procedures and protections, including, without limitation, any act, omission or failure related to access number(s), passcode(s), log-in ID(s), security tokens, personal identification number(s) (each a "PIN" or collectively "PINs"), passcode(s) and account number(s) assigned to you. You agree that when Applicable Law requires Bank to exercise ordinary care, substantial compliance with the procedures established by Bank shall be deemed to constitute the exercise of ordinary care, and you agree that occasional, unintentional deviations by Bank from the procedures set forth herein shall not be deemed a failure to exercise ordinary care as to the transactions with respect to which any such deviations occur.

6.C. Your Representations and Warranties

You hereby represent and warrant to Bank as follows:

  • If You are an entity, You are duly organized, validly existing and in good standing under the laws of the state of its organization or incorporation;
  • You are duly qualified or licensed to do business in each jurisdiction in which the property related to You is owned, leased or operated by You or where the nature of your business makes such qualification necessary;
  • You have the power and authority to enter into this Agreement and to consummate or cause to be consummated the transactions contemplated hereby;
  • The consummation of the transactions contemplated hereby have been duly and validly authorized by You and no other corporate or other proceeding on your part is necessary to authorize the performance of this Agreement;
  • Notwithstanding that Bank may permit limited use of some of the Online Banking services for personal, household, or family purposes, the Online Banking services will be used primarily for business or commercial purposes and will not be used for any unlawful purpose;
  • All data and funds transfer requests whether by wire, ACH or otherwise, comply with U.S. laws and do not include transmitting funds to, from, or on behalf of any person, business or country subject to U.S. sanction or which would in any manner violate the laws, regulations and Presidential Orders of the U.S.;
  • You are the owner or the duly authorized agent of the owner, and the authorized signatory, on all accounts subject to this Agreement.

If more than one party joins in one or more of the Online Banking services, the contractual obligations under this Agreement shall be joint and several. You agree that there is no expectation of privacy between the entities that have joined in the Online Banking services. You hereby represent and warrant to Bank that any and all transfers and commingling of funds required or permitted by any Online Banking services, and all other aspects of the performance hereof by the parties, have been duly authorized by law and by all necessary parties, including, without limitation, the account holder of each account.

Each representation and warranty contained herein shall be continuing and shall be deemed to be repeated upon your use of the Online Banking services and upon Bank’s affecting each transfer and commingling of funds, if applicable.

You agree to provide Bank with such documentation as Bank may reasonably request as evidence of the representations and warranties set forth in this Section 6.C.