Consumer eSign Disclosure
Electronic Account Disclosure Agreement
IMPORTANT: TO ACCEPT REQUIRED ACCOUNT OPENING AND ONGOING ACCOUNT DISCLOSURES ELECTRONICALLY YOU MUST CONSENT TO RECEIVE NOTICES AND INFORMATION ABOUT THE ACCOUNT ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THIS AGREEMENT ("AGREEMENT"). THE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ELECT TO RECEIVE THE DISCLOSURES FOR YOUR ACCOUNT ELECTRONICALLY RATHER THAN IN PAPER FORM. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY SELECTING THE BOX STATING THAT YOU HAVE READ AND CONSENT TO THE ELECTRONIC ACCOUNT DISCLOSURE AGREEMENT, YOU CONSENT TO RECEIVE ACCOUNT DISCLOSURES FOR ANY ACCOUNT YOU OPEN ELECTRONICALLY AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT SELECT THIS BOX, YOU WILL NOT BE ABLE TO OPEN THE ACCOUNT ONLINE. CHEMICAL BANK RESERVES THE RIGHT TO PROVIDE INFORMATION AND NOTICES ABOUT YOUR ACCOUNT TO YOU BY NON-ELECTRONIC MEANS.
User Agreement for Electronic Account Disclosures
As used in this Agreement, the words “I”, “Me” and “My” mean the account applicant(s) authorized to receive Electronic Account Disclosures under this Agreement. The word “Bank” refers to Chemical Bank. The word “Account(s)” means the deposit account(s) I have applied for with Chemical Bank.
Scope of Agreement
This Agreement establishes the terms and conditions of the online account disclosure service (the Service) by which I may receive disclosures for my account electronically through a Chemical Bank online banking service. The Service applies to deposit account opening and any subsequent change-in-terms disclosures. I understand and agree that once I agree to the terms and conditions of this Agreement, I am authorized to change my selection at any time. In any case, this Agreement, as it may be amended from time to time, shall govern my rights and obligations.
Accounts Eligible for Electronic Account Disclosures
I understand that all deposit accounts available through the Bank’s online account opening process are eligible for electronic account disclosures.
Electronic Mail Address for Notices Related to Paperless Statements
It is my responsibility to keep my email address up to date with the Bank. If I fail to do so, I will not receive any email notifications, but will continue to have access to my electronic account disclosure(s) through the Service.
Accessing Electronic Account Disclosures
My account disclosures will be made available to me through the Service. I will need:
• A personal computer with an Internet Browser and a telecommunications connection to the Internet capable of receiving, accessing, displaying, and either printing or storing communications received from the Bank in electronic form. To properly view documents within the system, the most recent versions of the following browsers should be used: Internet Explorer • Google Chrome • Mozilla Firefox • Safari.
• Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; • An e-mail account and client software in order to receive electronic communications.
Un-enrollment from Electronic Account Delivery
I can un-enroll, or opt-out, from receiving my account disclosures electronically at any time by calling the Customer Care Center at 800-867-9757. I understand that by opting-out of the receipt of disclosures electronically I will be unable to open my account online.
Delivery in Paper Form May Continue
I understand and agree that even though I have agreed to accept the receipt of disclosures electronically, the Bank may, at its discretion, continue to deliver certain account disclosures to me in paper form to my mailing address of record. If an electronic version of an account disclosure is not available or delivered through the Service, I may receive a printed non-electronic copy by regular mail or other delivery method. Such paper copies will constitute my record of such information.
Compliance with Laws and Regulations
I understand and agree that my acceptance of electronic disclosures is subject to all applicable federal, state and local laws and regulations that may be in effect from time to time.
I understand and agree that the trademarks, logos, and service marks displayed on the account opening service (collectively the "Trademarks") are the registered and unregistered intellectual property of the Bank, its affiliates or third-party licensors. Under no circumstances shall I use, copy, alter, modify, or change these marks or logos. I further understand and agree that nothing that is made available through the Service should be construed as granting, by implication or otherwise, any license or right for me to use any marks or logos without the express written permission of the Bank, its affiliates or the third party which has rights to such mark, as appropriate.
Disclaimer of Warranty and Limitation of Liability
I understand and agree that the Bank is not making any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the delivery of electronic account disclosures, as provided under this agreement. It is understood that the Bank does not and cannot warrant that delivery will occur without error, or that the electronic disclosures will be available at all times. Except as specifically provided in this Agreement, or otherwise required by law, I agree that the Bank’s officers, directors, employees, parent company, affiliates or third-party service providers are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of my use of the electronic account disclosures, including loss of profits, revenue or data.
I agree that the Bank has the right to change the terms and conditions of this Agreement at any time. Unless otherwise required by law, the Bank may amend this Agreement without prior written notice to me. If the Bank chooses to notify me, or is required to do so by law, it may do so electronically, or by mail. The Bank will post all amendments to this Agreement within the account opening service and at http://chemicalbankmi.com, and my continued use of the account opening service following any such change, or notice of a change, shall constitute my agreement to be bound by all such changes.
Right to Terminate
I agree that the Bank has the right to terminate this Agreement and my access to the electronic account disclosures, in whole or in part, at any time. If terminated, I will be required to complete the account opening process in person at a nearby branch of the Bank.
This Agreement is governed by applicable federal laws and the laws of the State of Michigan. If any provision of this Agreement is found to be illegal or unenforceable, I agree that the remainder will be enforced and the offending provision changed to make it enforceable. The state and federal courts of Michigan shall have exclusive jurisdiction over any dispute under this Agreement.
Electronic Acceptance of Agreement
In order to accept the delivery of electronic account disclosures, I understand and agree that I must consent to receive and accept the terms and conditions of the Agreement and any amendments to it electronically. In the event any amendment requires prior notice to me, you may notify me by e-mail at the public e-mail address I have provided to you for use with the account opening service. This e-mail may include the new or different terms and conditions or provide me with a link to a web site containing such new or different terms and conditions, as required by law or regulation.
In order to receive electronic account disclosures and to view and retain a copy of the terms and conditions contained in the Agreement, I represent and warrant to you that I have a computer equipped with at least: a browser with 128-bit encryption; and either a printer or a disk drive or other electronic storage device. I understand that I can also obtain a copy of the Agreement by the Customer Care Center at 1-800-867-9757. Consent and Agreement by Client By selecting the box stating that you have read and consent to the electronic account disclosure agreement, I agree:
• I have software and equipment that satisfies the above requirements; • to receive information about the Service, including this Agreement and any subsequent amendments to it, electronically; and • to be bound by the terms and conditions of this Agreement.
Because the online enrollment process can only occur electronically, I will be unable to proceed if I do not click on this button, the Bank and its relevant affiliates reserve the right to provide information and account disclosures to me by non-electronic means.