Home State Bank eStatement Agreement

(Agreement for the delivery of electronic statements, notices, and disclosures)

This eStatement Agreement is for the delivery of electronic statements, notices and disclosures (hereinafter "Agreement"). This agreement constitutes supplemental terms and conditions to the agreements set forth in Deposit Account Agreement and Disclosure of Home State Bank (hereinafter "we", "our", "us" or "Bank") and is between Bank and the Depositor (hereinafter "you", "yours" or "Depositor") described on the Home State Bank eStatement Enrollment. This Agreement sets forth the terms and conditions for electronic delivery of statements, notices and disclosures for accounts, including deposits and loans, maintained by any individual, corporation, partnership, association, or other legal entity.

Controlling Agreement. The Home State Bank Deposit Account Agreement and Disclosure and this Agreement shall control the terms and conditions of your accounts you have enrolled for eStatements. To the extent that this Agreement and Home State Bank’s Deposit Account Agreement and Disclosure Agreement conflict, this Agreement shall control.

Multiple Accounts. You may be the owner on multiple accounts.  Only the first person listed on the account may enroll the account for eStatements.  Once enrolled, all owners will have full access privileges to eStatements. If you have multiple accounts combined on a single statement, only the first person listed on the Primary Checking account may enroll the account for eStatements. We strongly recommend that you do not share your personal login or password even if that person is a joint owner on one or more of your accounts.  If you share your login you may be giving access to someone that is not authorized on one or more of your accounts.  If you use another person’s login you may not have access to all of your accounts.

Election and Authorization for Electronic Delivery. Home State Bank has absolute discretion to make electronic delivery or communication to you.  By accepting eStatements, you request that Bank electronically deliver your statements, notices and disclosures for the accounts you have selected. You agree to permit Bank to electronically deliver account statements and various notices and disclosures required by applicable law relating to your accounts. This may include marketing information that is provided to all customers with their statements. You further request and authorize Bank, at its discretion, to electronically deliver your account statements, notices and disclosures that it is required to provide under applicable Federal and State law and regulation, as amended from time to time, including but not limited to:
                                    

• Truth-In-Savings Act                          
• Truth-in-Lending                     
  
• Electronic Funds Transfer Act           
• Privacy Notice
  
• Notice of Change in Terms               
• Checking Account Notices (including NSF Notices)
  
• Ready Reserve Notices

These laws and other Federal and State laws may be enacted or amended in the future to provide for electronic delivery of account statements, notices and disclosures. As such laws are enacted or amended, you agree that Bank may provide, at its discretion, electronic delivery of such statements, notices and disclosures pursuant to these laws after they become effective. If there is more than one Depositor that is a party to the account, notice sent to the email address you have provided shall be deemed complete and proper notice to all.

Security Measures. Bank agrees to use commercially reasonable efforts, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account statements, notices and disclosures. Upon Bank's receipt of your eStatement Enrollment and acceptance of this agreement, Bank will confirm your email address by sending you a confirmation email.  You must contact the bank if you do not receive a confirmation within 5 business days after enrollment.

YOU UNDERSTAND THAT THESE INDUSTRY STANDARDS ARE CONSTANTLY DEVELOPING. BY ACCEPTING THIS AGREEMENT, YOU UNDERSTAND THAT THERE ARE RISKS TO ELECTRONIC DELIVERY OF ACCOUNT STATEMENTS, NOTICES AND DISCLOSURES, INCLUDING BUT NOT LIMITED TO, DELAY OR FAILURE OF DELIVERY DUE TO TECHNICAL DIFFICULTIES, WEATHER CONDITIONS, MATTERS BEYOND OUR REASONABLE CONTROL OR INTERCEPTION AND/OR ALTERATION OF SUCH ACCOUNT STATEMENTS, NOTICES AND DISCLOSURES BY THIRD PARTIES IN SPITE OF BANK'S COMMERCIALLY REASONABLE SECURITY EFFORTS. YOU AGREE THAT YOU HAVE CONSIDERED OUR SECURITY MEASURES AND AGREE THEY ARE COMMERCIALLY REASONABLE. IN REACHING THIS CONCLUSION, YOU HAVE CONSIDERED THE HISTORICAL AND POTENTIAL FUTURE CONTENT OF YOUR ACCOUNT STATEMENTS, THE RISKS ASSOCIATED WITH ELECTRONIC DELIVERY OF ACCOUNT STATEMENTS AND OUR SECURITY PROCEDURES. YOU AGREE TO ACCEPT THE RISKS ASSOCIATED WITH ELECTRONIC DELIVERY. IF, AT ANY TIME, YOU CONCLUDE THAT BANK'S SECURITY PROCEDURES CEASE TO BE COMMERCIALLY REASONABLE, YOU AGREE TO TERMINATE THIS AGREEMENT ACCORDING TO SECTION 12 BELOW.

Computer Requirements. In order to receive eStatement services, your computer hardware, software and your Internet Service Provider ("ISP") must meet the following specifications:

• Internet Access and an Internet email account and email address.
• Ability to log into Online Banking through Home State Bank’s web site. This requires each user to obtain a User Access ID and Password.  Access to Online Banking requires a supported web browser with 128 bit encryption.
• A PDF reader to view documents.
•  Access to a printer or the ability to save files in order to keep copies of your electronic documents.

E-Mail Address. We will send you an email when your statement is ready. You will be instructed to log into online banking through Home State Bank’s web site to view, print, or save your statement.  We will send you an email when notices or disclosures are available.  At the Bank’s discretion, notices and disclosures will be available in a password protected PDF document attached to the email, or will instruct you to log into online banking to view your notices and disclosures. We will send the email to the last known email address provided by you. You agree to maintain a current email address at all times.  Online changes may be made to your email address by the first person named on your account.  Changes are made under the ‘My Profile’ tab within online banking.  Any account owner may also notify us by mail at Home State Bank, Attention: eStatement Department, PO Box 1620, Willmar, MN  56201. If your email address changes and you have not notified us, you agree to assume all risk and liability that may result from our sending eStatements, notices and disclosures to the email address we have on file for you.

Review of Statements. You must promptly review your eStatement and any accompanying items and notify us in writing of any error, unauthorized signature, and lack of signature, alteration or other irregularity. The time periods set forth in the “Account Statements” section of Deposit Account Agreement and Disclosure of Home State Bank apply to this Agreement. If you allow someone other than you to review your statements, you must still review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities because you will be responsible for the wrongful acts of your employees and agents. Any applicable time periods within which you must notify us of any errors on your account statements shall begin on the date that we notify you that your statement is available, regardless of when you receive or open your email and regardless if you open or view your eStatement.

Retention of Statements. You will be responsible for retaining your statement information, either by printing the statements or saving them to a disk. If copies of your statements are requested from the bank, research fees may apply. Refer to the Home State Bank fee schedule for fee information

Changing your Password. Changes may be made to your password on the ‘My Profile’ tab within online banking. For your protection and for security purposes, we will not accept any change of password requests by email or by telephone. BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A JOINT ACCOUNT IF THE PASSWORD IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.

You agree that Bank has no control as to the persons who have access to your personal computer and your password once it is in your possession. The Bank shall not be responsible for any unauthorized access to your personal computer using your password. You agree that it is your responsibility to prevent any unauthorized access to your personal computer or unauthorized use of your password.

Disclaimer of Warranty and Limitation of Liability.  WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, IN CONNECTION WITH ELECTRONIC SERVICES PROVIDED YOU UNDER THIS AGREEMENT.  WE DO NOT AND CAN NOT WARRANT THAT ELECTRONIC DELIVERY OF THESE SERVICES WILL OPERATE WITHOUT ERROR OR DISRUPTION. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY ELECTRONIC DELIVERY SERVICE OR FOR ANY DISRUPTION OR DELAY IN PERFORMING ELECTRONIC DELIVERY SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT, TELECOMMUNICATIONS SYSTEMS, YOUR ISP, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR INDIRECT LOSS UNDER ANY CIRCUMSTANCE. EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE ELECTRONIC DELIVERY SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.  

Right to Request Documents in Non-Electronic Form. You have the right to request a paper copy of your statement or any account document, disclosure or notice. You may print account documents received electronically to your printer or you may request a paper copy from the bank by calling (320) 231-1118. Applicable fees for research or copies may be assessed. IMPORTANT: By accepting the eStatement Enrollment you acknowledge that you have requested to receive all such statements and other various notices and disclosures in electronic form. The bank is not obligated to provide your statements and other documents in both electronic and non-electronic form.

Right to Withdraw Consent/Termination/Amendment. This Agreement shall remain in full force and effect until it is terminated. You may terminate this Agreement upon thirty (30) days prior written notice delivered to Bank either personally or by U. S. Mail at Home State Bank, Attn: eStatement Department, PO Box 1620, Willmar, MN  56201. The written request must adequately identify the accounts you want removed from electronic delivery. Bank has the right to terminate this Agreement at any time in its sole and absolute discretion for any reason it deems necessary. If we terminate this Agreement, a written notice will be sent to you by U.S. Mail at the address listed on your account and it will be effective as of the date specified on the notice. Termination of this agreement will terminate your consent to receive statements and other forms electronically. It does not terminate any other relationship you may have with Home State Bank.

While the termination of the agreement will not terminate other accounts and services you have with the bank, it may cause other consequences for your existing accounts. For example, certain fees may be waived as a condition of electronic delivery but may be charged on accounts not enrolled in electronic delivery.

Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota and any applicable Federal laws.

Mailing address:

Home State Bank
eStatement Department
PO Box 1620
Willmar, MN  56201

(320)231-1118