Old National Bank -User Agreement For Popmoney Transfer Services
IMPORTANT: TO ENROLL IN THE POPMONEY PERSON-TO-PERSON TRANSFER SERVICE ("POPMONEY" OR "POPMONEY SERVICE"), YOU MUST CONSENT TO RECEIVE NOTICES AND INFORMATION ABOUT THE POPMONEY SERVICE ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THE USER AGREEMENT FOR THE POPMONEY SERVICE ("AGREEMENT").
THE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY FROM TIME TO TIME REQUEST A TRANSFER OF FUNDS IN YOUR OLD NATIONAL ACCOUNT(S) TO AN ACCOUNT AT A SEPARATE FINANCIAL INSTITUTION OR TO RECEIVE A TRANSFER INTO YOUR OLD NATIONAL ACCOUNT FROM ANOTHER PERSON, USING THE POPMONEY SERVICE. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU CONSENT TO RECEIVE INFORMATION ELECTRONICALLY AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. OLD NATIONAL RESERVES THE RIGHT TO PROVIDE INFORMATION AND NOTICES ABOUT THE POPMONEY SERVICE TO YOU BY NON-ELECTRONIC MEANS.
1. Scope of Agreement. This Agreement is a contract between you and Old National Bank (hereinafter "Old National", "we", "our" or "us") in connection with the Popmoney® Personal Payments Service (the "Popmoney Service" or "Service") offered through our online banking site (oldnational.com), (the "Site"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
2. Definitions.
(a) "ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.
(b) "Affiliates" are companies related by common ownership or control.
(c) "Business Day" means Monday through Friday, excluding Old National Bank holidays.
(d) "Eligible Old National Account" means any Old National deposit account owned by you that is eligible to be used with the Popmoney Service.
(e) "Old National" or the "Bank" refers to Old National Bank, including its directors, officers, employees, agents and service providers.
(f) "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).
(g) "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL/Exchange payment network) through which funds may be transferred.
(h) "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.
(i) "Receiver" is a person or business entity that is sent a Payment Instruction through the Service.
(j) "Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.
(k) "Sender" is a person or business entity that sends a Payment Instruction through the Service.
(l) "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
(m) "Site" is defined as onlinebanking.oldnational.com.
3. Description of Service. The Popmoney Service enables you: (1) to initiate a Payment Instruction from an Eligible Old National Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Old National Account, in U.S. dollars. 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 and regulations, 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 and regulations, in each case as in effect at such 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 and regulations, in each case as in effect from time to time.
4. 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. 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 Agreement. You also authorize us to change Service Providers at our sole discretion.
5. Types of Transfer Requests. You may request: (1) a one-time transfer, with such transfer shall be initiated so long as such request is during bank business hours, (2) a one-time transfer for which processing shall be initiated at a later specified date up to one (1) year, and (3) a reoccurring series of transfers for which processing shall be initiated on the specified dates. Transfers requests are processed in two ways. You can provide all the information about the recipient and his/her bank account that is necessary to complete an ACH Network transfer. Alternatively, you can provide contact information about the recipient (including an email address) and the Popmoney Service contacts the recipient and requests the recipient (i) to confirm his/her identity at the Popmoney Website and then (ii) to provide bank account information in order to complete your transfer request (a "Two-Step Transfer").
6. Receiving Payments. If another person wants to send money using the Popmoney Service to an account you own with us, he/she can do that from an account at a financial institution that participates in the Popmoney Service. If the sender's request is for a Two-Step Transfer, you will be required to provide the information through Old National Online or the Popmoney website that is requested by the Popmoney service to allow the sender's financial institution to complete the transfer. If you fail to provide the information, the transfer will not occur. We do not provide such information for you.
7. Authorization to Transfer Funds Using Popmoney Service. You hereby represent and warrant to us that you either own or are an authorized signer/user on each Eligible Old National Account. In addition, you authorize us to execute and charge your Eligible Old National Account(s) for any Popmoney Service transfer request, including any related fees, subject to any applicable limits as to dollar amount and time to complete transfers, when your Popmoney Service transfer requests are made in accordance with the procedures established by us. You understand and acknowledge that we have no obligation to execute any request for a transfer using the Popmoney Service that is not initiated in accordance with the procedures set forth in this Agreement or other account documents provided by us. You further acknowledge that the acceptance and processing of a Popmoney transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time. This authorization shall remain in full force and effect until you have informed us by either: (i) by revoking your authorization at Old National Online or (ii) by telephone at 800-731-2265 (or the phone number on the back of your Old National ATM/debit card) that you have revoked your authorization and we have a reasonable opportunity to act on it.
8. Information Relied Upon. You acknowledge and agree that we are relying upon the information you provide in originating a Popmoney Service transfer on your behalf. Any errors in the information, including incorrect or inconsistent recipient names, email addresses, mobile phone numbers or account numbers, or the recipient's financial institution's ABA number or name, as well as providing incorrect information in connection with the transfer from other persons to your account are your responsibility. You understand and agree that if Popmoney Service transfer instructions identify an account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. In addition, you agree that we have no responsibility to investigate, correct or notify you of any discrepancies between names and account numbers.
9. Processing Popmoney Transfer Requests. You understand and agree that when you request an immediate transfer of funds from an Eligible Old National Account using the Popmoney Service, the processing of the transfer will begin and the debiting of your Eligible Old National Account will occur, as early as the day of your request. However, the funds will be transferred into the recipient's account no earlier than the third Business Day after you have made the request. If you request a one-time transfer with a specified date or a recurring series of transfers on specified dates, then the processing of the transfer will begin, and the debiting of your account will occur, as early as the date specified. However, the funds will be transferred into the recipient's account no earlier than the third Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the funds into the recipient's account (even if withdrawn from your account) will be delayed if the recipient has not provided the Popmoney Service with certain required information. You hereby authorize Old National and the Popmoney service to communicate via email from time to time, on your behalf and at their discretion in your name (including utilizing the email address that you supply to or designate for use by the Popmoney service) to the recipients of your transfers to (1) notify recipients of pending transfers from you, (2) request by information from the recipient that is necessary or appropriate to complete the transfer and (3) to remind a recipient that action must be taken to complete a transfer and any and all other notices relevant to an intended recipient of a Popmoney transfer. You understand and agree that in the case of a Two-Step Transfer your request to transfer funds to a recipient will not be completed until the information requested from a recipient is provided. If the information is not provided within 10 calendar days (or such other time period as Old National may select), then the transfer request may be cancelled and the funds returned to your Eligible Old National Account.
10. Limits on Popmoney Transfers. The following limits (subject to the balance in your account) on transfer amounts are calculated against all outstanding transfers, which are transfers that have been requested but not yet paid.
Standard 3 day transfer limits:
Daily limit/Total outstanding - Standard $2,500.00
Rolling 30 day limit - Standard $5,000.00
Next day transfer limits :
Daily limit/Total outstanding - next day $1,000.00
Rolling 30 day limit - next day $2,500.00
Request money limits:
Per request/day $2,000.00
Rolling 30 day limit $5,000.00
Consumer Pay request:
Per request/day $2,000.00
Rolling 30 day limit $6,000.00
IMPORTANT: We may permit transfers in excess of these limits from time to time, in our sole discretion. If transfers in excess are permitted by us, it is not an agreement to continue to allow transfer to exceed the established limits. We may deny or limit specific transfers if we have any reason to question the authorization for, or security of, the transaction and as further described within.
11. Receiving Transfers. When you are the intended recipient of a Popmoney Service transfer into an account you have with us, you authorize the deposit of funds into the Eligible Old National Account you designate, either for the receipt of a single transfer or, if you choose the Automatic Deposit feature, for all transfers directed to you through the Popmoney Service. You understand and agree that there may be a delay between the time you are notified of the pending transfer and the deposit of the funds into your account. You authorize the sender, the financial institution which holds the sender's account, and the Popmoney Website to send emails and/ or SMS text messages to you in connection with the sender's request to transfer funds to you. You understand and agree that in the case of a Two-Step Transfer if you do not provide the requested information within a certain period of time, the requested transfer will be cancelled and the funds returned to the sender.
In the event that funds are transferred into your Eligible Old National Account as a result of a Popmoney transfer and it is determined that such transfer was improper because it was not authorized by the sender, there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us to withdraw from your Old National account an amount equal to the amount of funds improperly transferred to you.
12. Service Fees and Charges. You understand and agree that you are responsible for paying all fees associated with your use of the Popmoney Service. You authorize us to charge your Eligible Old National Account (or any other of my accounts at Old National) for any service or other fees and charges applicable to transfers requested through the Popmoney Service in accordance with Old National's fee schedule in effect at the time you make a Popmoney Service transfer request. We reserve the right to change the fees charged for the use of the Popmoney Service. You understand and agree that you are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Popmoney Service. There may be a charge for additional transactions and other optional services. 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.
13. Unsuccessful Transfers and Actions Taken Upon Unsuccessful Popmoney Transfer. When you request a transfer from an Eligible Old National Account using the Popmoney Service, the transfer may not be completed for various reasons. If you have not provided complete and accurate information required to identify the recipient, the Popmoney Service cannot complete the Transfer. If you fail to verify your identity, as may be required in connection with scheduling a Popmoney transfer, your requested transfer will be placed on hold, and if you do not call Old National at 800-731-2265 (or the phone number on the back of my Old National ATM/debit card) or take other prescribed actions within the prescribed time frames to remove the hold, the transaction will be cancelled.
If you do not have sufficient funds in your Eligible Old National Account from which you have requested a transfer be made, the transfer will not be completed. You understand and agree that after an initial failure due to non-sufficient funds in your Eligible Old National Account, the transfer process will be attempted a second time. If there are non-sufficient funds in your Eligible Old National Account for the second attempt, your requested transfer will be cancelled. In addition, after any failure due to non-sufficient funds (whether an initial failure or a subsequent failure), your access to the Popmoney Service or any other Old National service may (at Old National's sole discretion) be suspended or terminated.
14. Rejection of a Popmoney Transfer Request. We reserve the right to reject your Popmoney Service transfer request. We may reject your request if the dollar value of one or more of your transfer requests exceed any of Old National's transfer limits (as more fully described above), if you have insufficient available funds in your Eligible Old National Account for the amount of the Popmoney Service transfer, plus any applicable fee, if your request is incomplete or unclear, if we identify a security risk related to a requested transfer or if we are unable to fulfill your request for any other reason. You understand and agree that if we reject a request for a Popmoney Service transfer for one or more of the reasons set forth above, you will be informed of the rejection during your online session or by e-mail.
15. Delays, Non-Execution of Funds Transfer Request. You agree that we shall not be responsible for any delay, failure to execute, or misexecution of your transfer request due to circumstances beyond Old National's reasonable control - including, without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your funds transfer request to the Bank or execution of such request by the Bank, whether caused by strikes, power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank. OLD NATIONAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED - INCLUDING THE FAILURE OF ANY INTERMEDIARY BANK OR SERVICE PROVIDER OR YOUR RECIPIENT'S BANK TO CREDIT YOUR RECIPIENT WITH THE CORRECT AMOUNT OF THE FUNDS TRANSFER AFTER RECEIPT OF SAME.
16. Unauthorized Popmoney Transfers. You understand that if you think that someone has learned your access credentials for online banking or an unauthorized Popmoney Service transfer or other type of online transaction has been made from one of your accounts, you must notify us immediately by telephone at 800-731-2265 (or the phone number on the back of my Old National ATM/debit card) or, if you are unable to telephone us, in writing to: [insert].
17. Significance of E-Mail Notices About Popmoney Service. You agree that all e-mail or SMS text message notices sent to you regarding the status of a Popmoney transfer requests are merely service messages and will not constitute a transaction receipt or an official bank record with respect to a Popmoney transfer. You acknowledge and agree that these notices may be sent to the e-mail address or mobile phone number you provide during enrollment in the Popmoney Service, even if you have informed us separately in the past (or choose to do so in the future) to not send you marketing messages at that same e-mail address or cell number.
18. Location of Accounts; Currency of Funds Transfer. The Popmoney Service is available for funds transfers to and from accounts in the United States only and are made in U.S. dollars only.
19. Privacy Policy. You understand, confirm and agree that Old National may disclose to third parties nonpublic personal information about you to the extent that in Old National's sole judgment such disclosure is necessary or appropriate in connection with providing the Popmoney Service, and you hereby confirm your consent to such disclosure. In the event that you elect to receive payments through the Popmoney Service into your account at Old National by using the Popmoney Website, you will receive a copy of the Popmoney Website privacy policy from the manager of the Popmoney Website.
20. No Unlawful or Prohibited Use. As a condition of using the Popmoney Service, you warrant to Old National that you will not use the Popmoney Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Popmoney Service in any manner that could damage, disable, overburden, or impair the Popmoney Service or interfere with any other party's use and enjoyment of such service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Popmoney Service. You agree that these warranties and representations by you will remain in full force and effect even if this Agreement terminates for any reason.
21. Service Changes and Discontinuation. We may modify or discontinue the Popmoney Service, with or without notice, without liability to you at any time. We reserve the right, subject to applicable law and regulation, to terminate your right to use the Popmoney Service at any time and for any reason, including, without limitation, if Old National, in its sole judgment, believes you have engaged in conduct or activities that violate any of the terms of this Agreement or, if you provide us with false or misleading information or interfere with other users or in the administration of the Popmoney Service. We may also modify, suspend or discontinue the Popmoney Service if you exceed the transfer limits provided.
22. 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 linked to 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.
23. Indemnity. In consideration of the Agreement by Old National to act upon your request to make the Popmoney Service available to you in the manner provided in this Agreement, you agree to indemnify and hold Old National harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of us acting upon instructions or information from you in connection with this Agreement, including, but not limited to the initiation and receipt of Popmoney transfers and your authorization to send and receive e-mails and SMS text messages. This indemnity shall not be effective to relieve and indemnify Old National against its willful misconduct.
24. Claims; Limitation of Liability; No Warranty. You agree that within thirty (30) days after you receive notification, (or have received or have access to your deposit statement), that your Popmoney Service transfer request has been completed or that you have been the recipient of funds sent through the Popmoney Service, you will notify us of any errors, delays, or other problems related to your request. If your funds transfer request or your receipt of funds erroneously executed as a result of Old National's error, Old National's sole obligation to you is to pay or refund such amounts as may be required by applicable law.
YOU AGREE THAT OLD NATIONAL SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING YOUR TRANSFER REQUEST TO ANOTHER PERSON'S ACCOUNT AT SUCH FINANCIAL INSTITUTION OR YOUR RECEIPT OF FUNDS FROM SUCH FINANCIAL INSTITUTION; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH POPMONEY SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED. IN NO EVENT SHALL OLD NATIONAL BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR POPMONEY SERVICE TRANSFER REQUEST.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, OLD NATIONAL AND ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. OLD NATIONAL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POPMONEY SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE POPMONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY OLD NATIONAL FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED OR THAT THE POPMONEY SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
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. 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 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.
25. Amendments. You understand that we reserve the right to change the terms and conditions of this Agreement as required by law or Bank policy. Unless otherwise required by law, we may amend this Agreement without prior notice to you. If we choose to notify you of an amendment or are required to do so by law, we may ask you to agree to an amended version of this Agreement electronically, or mail or deliver a separate notice, statement message or electronic message to you at the last address or email we have on file for you.
2 6. ENFORCEMENT/WAIVER OF JURY TRIAL. In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees on appeal, subject to any limits under applicable law. YOU WAIVE ALL RIGHT TO A JURY TRIAL ON ALL ISSUES IN ANY ACTION OR PROCEEDING RELATED TO YOUR ACCOUNT OR TO ANY DOCUMENTS EXECUTED IN CONNECTION HEREWITH, AND NO ATTEMPT SHALL BE MADE TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION OR PROCEEDING WITH ANY OTHER ACTION OR PROCEEDING IN WHICH THERE IS A TRIAL BY JURY OR IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. YOU HEREBY AGREE THAT ALL CLAIMS, CAUSES OF ACTION OR OTHER ADJUDICABLE RIGHTS ARISING, DIRECTLY OR INDIRECTLY OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, OR ANY OTHER AGREEMENT WITH US SHALL BE INSTITUTED AND LITIGATED ONLY IN A STATE COURT FOR THE STATE OF INDIANA LOCATED IN EVANSVILLE, INDIANA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, EVANSVILLE DIVISION, LOCATED IN VANDERBURGH COUNTY, INDIANA AND CUSTOMER HEREBY CONSENTS TO JURISDICTION AND VENUE OF ANY STATE OR FEDERAL COURT IN SUCH LOCATION.
TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THIS ENFORCEMENT/WAIVER OF JURY TRIAL CONTAINED HEREIN AND OLD NATIONAL'S DEPOSIT ACCOUT AGREEMENT AND DISCLOSURE THE TERMS OF CONTAINED WITHIN OLD NATIONAL'S DEPOSIT ACCOUNT AGREEMENT AND DISCLSOURE SHALL CONTROL.
28. No Waiver. We shall not be deemed to have waived any 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.
29. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
30. Electronic Consent and Acceptance of Terms and Conditions. In order to enroll to use the Popmoney Service, you consent to receive and accept the terms and conditions of the User Agreement for Popmoney Service, and any amendments to it, electronically. In the event any change to this Agreement requires prior notice, we will notify you by e�mail, at the public e-mail address you have provided for notices pertaining to this service, of the new or different terms and conditions or will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. You understand and agree that we reserve the right to provide any such notices to you in printed form. A record of each funds transfer request will be made available to you electronically at the time each Popmoney Service transfer is requested and in summary form as part of the periodic statement for your Eligible Old National Account to or from which the Popmoney Service transfer is requested. You may withdraw consent to having this information provided electronically by contacting the Bank by telephone at [insert], however, by doing so you understand that the Bank will terminate your ability to use the Popmoney Service.
Required Equipment. In order to use the Popmoney Service and to view and retain a copy of the terms and conditions contained in this Agreement, you understand that you must have a computer equipped with at least: a browser with 128-bit encryption; and either a printer, a disk drive or other electronic storage device. You understand that you can also obtain a printed copy of this Agreement by calling [insert].
Consent and Agreement. By clicking on the "I Agree" button below, you agree: (1) you have software and equipment that satisfies the above requirements; (2) to receive information about the Popmoney Service, including the Agreement and any subsequent amendments to it, electronically; and (3) have received an electronic version of the Agreement and Fee Schedule and agree to be bound by the terms and conditions contained therein. Because enrollment for the Popmoney Service can only occur electronically, you understand that you will be unable to proceed if you do not click on this button..
Popmoney Transfer Service - Fee Schedule
Type of Transfer |
|
Incoming TO Old National |
FREE |
Outbound FROM Old National |
FREE |
Expedited Incoming TO Old National |
$4.95 |
Expedited Outbound FROM Old National |
$4.95 |