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Online Agreement - E-Sign Act Disclosures and Consent

Online Agreement - E-Sign Act Disclosures and Consent

(Personal Accounts Only)

This E-Sign Act Disclosures and Consent (this “Disclosure”), which is an integral part of our online electronic banking services (“Online Banking”) that we are providing to you through AmericanBank Online, the Bank’s Internet banking website, pursuant to our Online Access Agreement (“Access Agreement”), applies to all Communications (as defined below) for those products, services and Accounts offered or accessible through Online Banking that are not otherwise governed by the terms and conditions of another electronic disclosure and consent.  Once you have consented to the terms of this Disclosure, you will be asked to review the Access Agreements.  PLEASE NOTE: If you are not yet approved for Online Banking, consenting to receive Communications under this Disclosure will not automatically enroll you in Online Banking.

As used in this Disclosure, the words “we,” “us,” “our,” and “Bank” refer to American Bank; the words “you” and “your” mean the individual(s) maintaining an Account (“Account”) that you have with us.  “Communication” means any customer agreements or amendments thereto, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies, and all other information related to all product(s) and service(s) brought to you by us through Online Banking, including but not limited to information that we are required by law to provide to you in writing.

1.  Scope of Communications to Be Provided in Electronic Form

By accepting this Disclosure, you agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications and engage in electronic transactions through Online Banking includes, but is not limited to:

2.  Method of Providing Communications to You in Electronic Form

We will make all Communications available to you on AmericanBank Online, or by e-mail sent to you, instead of providing them to you in paper form.  For certain federally mandated disclosures or revised disclosures that are made available only through AmericanBank Online, the Bank will send a notice to your e-mail or postal address when the disclosures are posted to AmericanBank Online.  The notice will provide the address of our Internet web site or other location where the disclosure or revised disclosure has been made available.

3.  Your Consent and Demonstrating Your Accessibility to Electronic Communications

By clicking on the “Agree” button, you will begin the process for giving your affirmative consent to the Bank to provide electronic Communications to you as described in this Disclosure. You will be directed to a site where you will confirm certain information to us, thereby completing the affirmative consent process, as well as affirmatively demonstrating your accessibility to receive electronic Communications from the Bank. You further agree that your computer satisfies the hardware and software requirements specified in Paragraph 6 below and that you have provided us with a current email address to which we may send electronic Communications to you

4.  How to Withdraw Consent

At any time you may withdraw your consent to receive Communications in electronic form by contacting us in any of the following ways:

At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, your access and use of Online Banking may be terminated.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have had a reasonable period of time to process your withdrawal.

5.  How to Update Your Records

It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure, your Accounts, or in any other information needed to contact you electronically, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting us through any of the methods set forth in Paragraph 4 above.

6.  Hardware and Software Requirements

In order to access, view, and retain electronic Communications that we make available to you, you must have:

7.  Requesting Paper Copies

We will not send you a paper copy of any Communication which is available electronically from the Bank, unless you request it, or we otherwise deem it appropriate to do so. You may obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us through any of the methods set forth in Paragraph 4 above.  We may charge you a reasonable service charge, of which we have provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization.  We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

8.  Communications in Writing

All Communications in either electronic or paper format from us to you will be considered “in writing.”  You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

9.  Federal Law

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

10.  Termination / Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications.  We will provide you with notice of any such termination or change as required by law. 

Rev. 04.18

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