Texas Regional Bank Online Access Agreement
Please read the following agreement and continue to our enrolling process. You must review and accept these terms in order to access TRB Online banking.
Terms and Conditions
This Online Access Agreement for accessing your accounts via Texas Regional Bank’s Online banking (“TRB Online banking”) explains the terms and conditions governing online services. The accounts that may be accessed via TRB Online banking include only accounts maintained with Texas Regional Bank. By using TRB Online banking you agree to abide by the terms and conditions of this Online Access Agreement. TRB Online banking will be governed by and interpreted in accordance with all applicable federal laws and regulations and the laws of the State of Texas. The terms “we”, “us”, “our”, and “Bank” refers to Texas Regional Bank. “You” refers to each signer on an account.
TRB Online banking can be used to access certain accounts through trb.bank. The applicable Terms and Conditions of our Account Agreement (your “Terms and Conditions Disclosure Agreement”) also govern each of your accounts at the Bank.
Disclosures
You agree that any information or disclosures or notices supplemental to or under this Agreement or by law or regulation or any amendments to this Agreement may be sent to you by electronic communication, including by E-mail to you or by posting on Texas Regional Bank’s website at www.TexasRegionalBank.com. Your consent to receive disclosures electronically will cover all online banking services you subscribe to and all online banking transactions you conduct, for as long as you use TRB Online banking services described herein and any other online banking services you agree to by separate agreement. You may withdraw your consent to receive disclosures electronically by notifying us at 1 (800) 580-6536, in which case your access to TRB Online banking will be terminated and you will not be able to conduct online banking transactions. By accepting this Agreement, you represent and warrant that you are authorized to do so on behalf of all owners for the applicable accounts.
Hardware and Software Requirements
In order to subscribe to TRB Online banking and receive disclosures electronically, your computer must support the following requirements:
Access to the internet and a supported internet browser
Javascript enabled, such as for supported versions of Windows and Macintosh internet browsers
In order to keep notices and disclosures sent to you electronically, you must have the ability to print or save them to your computer. For communications provided by us in Adobe Acrobat Portable Document Format (PDF) format, you must have a PDF reader, like Adobe Acrobat. A free copy of Adobe Acrobat Reader may be obtained from the Adobe website at www.adobe.com.
Through online banking services, we provide certain disclosures electronically. If you would like a paper copy of any electronic disclosure, you may request one by calling Customer Service at 1 (800) 580-6536.
By accepting and agreeing to this Agreement below, you consent to receive disclosures as outlined above.
Through TRB Online banking, you can:
View account detail and history
View check images and deposits
Transfer money between TRB accounts
Pay bills
Make loan payments
View statements
Assign nicknames to accounts for easier display
Download to Quicken or Quickbooks
Issue stop payments
Re-order checks
Requirements for Accessing Your Bank Accounts through TRB Online banking
To access your account through TRB Online banking you must have an eligible bank account with Texas Regional Bank (Checking Account, Money Market Account, Savings Account, Certificate of Deposit, and/or Loan). Your password must be at least 9-17 characters in length and include uppercase, lowercase, at least one numeric, one special character. Your password is case sensitive. Do not give your password to anyone or write it down where it could be accessible to another person. We strongly urge you to avoid using common and easy to decipher passwords such as birth dates, last names, account numbers or social security numbers. Do not store your password and Access ID in the memory of your computer.
Fees
There are no monthly fees for accessing your account(s) through TRB Online banking. However, other fees may apply to your account or to services ordered online, as described in your Terms and Conditions Disclosure Agreement for your account. Fees may be assessed by your Internet Service Provider (ISP).
Hours of Accessibility
You can access your accounts through TRB Online banking seven days a week, 24 hours a day. However, at certain times, some or all of the services may not be available due to system maintenance. During these times, you may use the banks’ Telebank system or ATM.
A transfer initiated through TRB Online banking by 6:00 p.m. (Central Time) on a business day is posted to your account the same day. All transfers completed after 6:00 p.m. (Central Time) on a business day or on a Saturday, Sunday, or banking holiday will be posted on the next business day.
Business Days
Our business days are Monday – Friday, not including federal holidays.
Terms and Conditions
The first time you access any of your accounts through TRB Online banking confirms your agreement to be bound by all the terms and conditions of this Online Access Agreement and acknowledges your receipt and understanding of this disclosure.
Liability Disclosure
Tell us at once if you believe your password and/or Access ID has been compromised or if you believe that someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your password and/or Access ID could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection. If you tell us within (2) business days after you learn of the unauthorized use, you can lose no more than $50.00 if someone used your password without your permission. If you do NOT tell us within (2) business days after you learn of the loss or theft of your password and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once.
If you do not tell us within (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 stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Password has been lost or stolen, call 1 (800) 580-6536 or 956-682-2265 or write to us at:
- O. Box 5555, McAllen TX 78502-5555.
Unauthorized Transfer or Payment Transactions
Texas Regional Bank is entitled to act on instructions received through TRB Online banking under your Access ID and password and without inquiring into the identity of the person using that password. However, do not, under any circumstances, disclose your password by telephone or to any one claiming to represent Texas Regional Bank. Texas Regional Bank employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. Texas Regional Bank has no responsibility for establishing the identity of any person using your password. If despite Texas Regional Banks’ advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your TRB Online banking password or other means of access will have full access to your accounts even if you attempt to limit that person’s authority. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
You hereby release Texas Regional Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. You agree to indemnify Texas Regional Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
Changes to Agreement
Texas Regional Bank has the right to modify this agreement at any time. We will notify you of such changes by mail or electronic message. Your continued use of TRB Online banking after the effective date of any change will constitute your acceptance of such changes in each instance.
Transfers
Persons listed on a profile will only be able to access accounts for which they are designated as an owner or signer.
The number of transfers and withdrawals or to third parties by preauthorized, automatic, telephonic, or computer transfer from a savings account or MMDA account cannot exceed 6 per month as described in the applicable Terms and Conditions Disclosure Agreement. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Security
Texas Regional Bank uses SecureNow to add a high level of security protection that works across online, mobile and tablet channels. SecureNow delivers real-time protection against rapidly evolving threats, offering a high level of security protection while maintaining the seamless user experience that digital banking users demand. Combatting cybersecurity threats requires a multi-faceted approach.
SecureNow detects and warns Texas Regional Bank of suspicious behavior, devices, locations and criminal evasion techniques prior to and post log-in, ensuring users are protected throughout their digital banking experience. SecureNow cyber analytics and data profiling detect at sign-in when a log-in comes from an unknown or unlikely location, or one with a history of confirmed fraud, prompting additional authentication or more defensive mechanisms. Once a user is logged in, real-time behavioral analysis is used to recognize and flag account transactions that are suspicious.
Alerts
Your enrollment in Texas Regional Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Texas Regional Bank account(s). Alerts are provided within the following categories: Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts. Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the “More” menu within Texas Regional Bank Mobile Banking. Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Texas Regional Bank reserves the right to terminate its Alerts service at any time without prior notice to you. Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Texas Regional Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number. Alerts via Text Message. To stop Alerts via text message, text “STOP” to 65958 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Texas Regional Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 65958. In case of questions please contact customer service at 1 (800) 580-6536. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®,
U.S. Cellular®, Verizon Wireless, MetroPCS. Limitations. Texas Regional Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Texas Regional Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Texas Regional Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non- delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
Error Resolution
In case of questions or errors about online funds transfers made through TRB Online banking involving a Bank account, you should do one of the following:
Call Customer Service at 1 (800) 580-6536
Write to Texas Regional Bank, Customer Service PO 5555, McAllen TX 78502-5555, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
When you tell us about the problem, please:
Tell us your name and account number
Describe the error or the transaction you are unsure about, and explain as
clearly as you can why you believe it is in error or why you need additional information.
Tell us the dollar amount of the suspected error.We will determine whether an error occurred within ten (10) business days after we hear from you, and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days 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 in writing and we do not receive it within 10 business days, we may not credit your account while we complete our investigation. We will tell you the results of our investigation within three business days after we complete 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 used in our investigation.
Our Liability for Failure to Complete a Transaction
If we do not complete a transfer to or from your bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:
If, through no fault of ours, you do not have enough money in your account to make the transfer.
If a legal order directs us to prohibit withdrawals from the account.
If your account has been frozen.
If your account is closed.
If the transfer would cause your balance to go over the credit limit for any convenience credit arrangement set up to cover overdrafts.
If you, or anyone you allow, commits any fraud or violates any law or regulation.
If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly and you knew about the breakdown when you started the transfer.
If you have not properly followed the instructions for using TRB Online banking service.
If circumstances beyond our control (such as flood, fire, or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.
Texas Regional Bank cannot be responsible for customer errors or negligent use of the TRB Online banking service and will not cover losses due to:
Input errors or misuse of the online service.
Negligent handling or sharing of passwords leading to unauthorized access to your accounts.
Leaving your computer unattended during an Online Banking session – you must “Sign off/Log Off” to end your session.
Failure to report known incidents of unauthorized account access within 2 business days.
Stop-Payment Orders
To be effective, a stop-payment order must be received in time to allow us a reasonable opportunity to act on it. You may initiate stop payment orders for TRB Online banking only for checks. Please contact our Customer Service department to initiate stop payments for all other transactions. To be effective, a stop-payment order must identify the payment sufficiently to allow us to identify the payment in question. If the payment is by check, you must provide us with a stop-payment in writing or via TRB Online banking – oral requests are not effective.
If the payment is by ACH debit and we give notice at the time an oral stop-payment is received that written confirmation is required and provide an address where the written confirmation can be sent, an oral stop-payment order is effective for 14 calendar days only, unless confirmed by you in writing pursuant to our instructions within the 14-day period. Properly delivered stop-
payment orders are effective for 6 months after the date received and will automatically expire after that period unless renewed in writing. With respect to ACH debits, you and we agree to abide by the ACH rules and regulations regarding stop-payment orders. You understand there will be a fee assessed by the Bank in connection with any stop payment order or any re- issuance of an expired stop payment order, (as stated in the Bank’s Schedule of Fees) and further understand that if payment on the item is stopped, the payee or other holder of the item might still be able to recover the amount of the item, plus other damages. If you attempt to cancel a payment or transfer in accordance with the above instructions and we do not do so, we will be liable for your losses or damages.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
In order to comply with a government agency or court orders;
If you give us written permission; or
As described in our privacy policy disclosure, provided separately and which can be accessed at the internet login page and/or the website home page. Our website can be accessed at the following address: www.TexasRegionalBank.com
Account Statements
Details of your transfers will be available through the TRB Online banking. In addition, we report your TRB Online banking transactions (including whom you paid, and the date and amount of the transaction) on your monthly statements for your applicable accounts. Transfer and Payment Authorization
You authorize Texas Regional Bank to withdraw, debit or charge the necessary funds from your applicable account in order to complete your transfers and payments (including any applicable bank fees).You further agree that you will instruct us to make a transfer only when sufficient funds are or will be available in your accounts at the time of the transfer.
Indemnification
Except as may be limited by applicable law, you hereby agree to indemnify and hold us, and our employees, officers, directors, and agents, harmless from and against (i) any and all liability (including payment of reasonable attorneys’ fees), and you agree not to make any claim against us or bring any action against us, from or in connection with our honoring or allowing any actions or transactions in which you have authorized the person performing the action or transaction to use your account or when you have provided your Access ID and password to that person; (ii) any and all liability to third parties arising out of, or in connection with, this Agreement, the transfer services offered as part of TRB Online banking or any actions taken by the Bank pursuant to your instructions.
Termination
You may terminate the use of Online banking by contacting The Bank in writing by mail, e- mail,
or by calling 1 (800) 580-6536. This cancellation applies to Online banking services only and does not terminate your Texas Regional Bank accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. If your account is closed or restricted for any reason, Online banking accessibility will automatically terminate.
We may terminate your use of Online banking at any time and for any reason, including inactivity.
Exclusions of Warranties and Limitations on Damages
THE ONLINE BANKING AND BILL PAYMENT SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE” 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. NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT ONLINE BANKING IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA ONLINE BANKING WILL BE FREE FROM MONITORING
OR ACCESS BY OTHERS. YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT SHALL THE BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS’ FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF ONLINE BANKING, INCLUDING THE BILL PAYMENT FEATURE.
Governing Law; Waiver of Jury Trial
This Agreement shall be governed by and construed under the laws of the State of Texas, and the parties agree to subject themselves to the jurisdiction of the federal and state courts of Texas to the maximum extent permitted by law. YOU HEREBY AGREE TO ACCEPT SERVICE OF PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND AS AN INDEPENDENT COVENANT HEREBY EXPRESSLY WAIVE TRIAL BY JURY IN ANY ACTION BROUGHT WITH RESPECT TO THIS AGREEMENT.
Severability of Provisions
If any part of this Agreement shall be held to be void or unenforceable, such part or parts shall be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable.
Assignment
This Agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.
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 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 of any one occasion shall not be construed as a bar or a waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Entire Agreement
This Agreement supplements any other agreement or disclosures related to your account(s), including, without limitation, the “Deposit Account Terms and Conditions”. If there is a conflict between this Agreement and any others, or any statements made by employees or agent, this Agreement shall supersede.