Marblehead Bank – Terms and Conditions

As a condition of using and accessing this site, you agree to these terms and conditions. Please read these carefully. Marblehead Bank reserves the right to modify these from time to time without prior notice.

Electronic Funds Transfer Agreement

To view the Electronic Funds Transfer Agreement - click here.

Risk, Warranty and Liability

You agree that all access and use of this web site is done at your own risk. You agree that Marblehead Bank is not responsible for any electronic virus that you may encounter using our web site or the sites of our third party providers. From time to time, Marblehead Bank may provide links to other sites and third parties may provide links to Marblehead Bank’s site. Marblehead Bank does not endorse or warrant the products, services or content of any entity linked to this site and is not liable or responsible for any content or information contained therein.

With regard to the Marblehead Bank web site, all information is provided “as is” and therefore, Marblehead Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, or fitness for a particular purpose is given with the information contained herein.

In no event shall Marblehead Bank, any third party provider or any vendor be liable to any user, person or entity for any damages including without limitation, direct or indirect, consequential, punitive, exemplary or incidental arising from use, or non-use of this, or any linked web site. You agree that under no circumstances will Marblehead Bank be liable for damages of any kind occurring from the use of this web site or any information, goods or services obtained on this web site including direct, indirect, consequential, incidental, or punitive damages (even if Marblehead Bank has been advised of the possibility of such damages), to the fullest extent permitted by law.
Financial calculators are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations.

Internet Banking Terms and Conditions

By applying for internet banking services and accessing your accounts online, you agree to the following terms and agreements in addition to those contained in our Deposit Agreement and Funds Availability, Disclosure of Account Terms and signature card and contract which was signed when the account(s) was opened.

Internet banking services, as provided by Marblehead Bank and its third party providers allow each user the ability to access their authorized and/or eligible accounts for

1. inquiries of balances and transactions
2. transfers between accounts
3. payment of loans with Marblehead Bank by accounts
4. images of documents paid on accounts
5. secure communication with Marblehead Bank
6. other financial and informational services

Internet Banking is a free service provided by Marblehead Bank and may be discontinued at any time at our discretion.

Upon application, you will be given a unique username and password to access the Internet Banking system. Your username and password are specific to you as an individual accessing your accounts, as well as identifying yourself to us as the person accessing the online service. You agree to:

1. not disclose the password, username or other means to access the Internet Banking, or otherwise make it available to anyone else
2. immediately notify us of any loss, theft or compromise of your password
3. be liable for authorized and unauthorized use of the password as your authorization of the transactions initiated through the Internet Banking service
4. change your password from time to time for security reasons

If joint parties to the account wish Internet access, a separate username and password will be issued.

Internet Banking uses a secure e-mail system to inform the association of various customer service requests such as stop payments or check reordering which will be acted on when received and read by Marblehead Bank personnel. If you send us a correspondence electronically, we would recommend this means as opposed to conventional, unsecured, e-mail.

You understand and agree that use of or connection to the internet is inherently insecure and that such a connection provides opportunity for unauthorized access by a third party to your computer systems, networks and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Marblehead Savings Bank shall not be responsible for any adverse consequences whatsoever of your connection to, or use of, the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or violation of the intellectual property right of another.

Do not use this system to report a lost or stolen ATM or debit card - always phone 1-800-475-1871. If this number is not available, call the Hotline at 1-800-554-8969. If your username is dormant for a prolonged period of time, for security purposes, we may restrict access and require you to reapply. Fees for online requests such as stop payments, check copy requests or the like may apply. See our current schedule of fees for more information.

For your own protection, you will be logged off if there is prolonged inactivity during your online session.

If the Internet Banking service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts by other means such as visiting our office, ATM access, check, debit card or by telephoning us. Marblehead Bank and its third party providers will not be responsible or liable for any expenses incurred as a result of the service being unavailable.

Except as provided in this agreement or by laws which Marblehead Bank is subject to, Marblehead Bank and its third party providers are not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential or exemplary damages, including lost profits (even if advised of the possibility thereof) caused by the Internet Banking service or the use of the Internet Banking service or arising in any way out of the installation, operation, or maintenance of your computer or related equipment.

Terms and Conditions for Marblehead Bank’s Bill Payment Service

By applying for online bill pay services through Marblehead Bank Bill Payment, you agree to the following terms and agreements in addition to those already contained herein.

Marblehead Bank’s Bill Payment is a service offered by Marblehead Bank and its third-party provider through its online banking system. You must be connected to the online banking system with a valid username and password to use Marblehead Bank’s Bill Payment.

Marblehead Bank’s Bill Payment is intended for use by the authorized online banking user only. You agree that you will not provide access to the Services to any party other than yourself. You must maintain the confidentiality of your assigned user name and password for the Services and you are responsible for all charges incurred under your user name and password. The availability of the Services may be subject to interruption and delay due to causes beyond our reasonable control. You agree to use Marblehead Bank’s Bill Payment only for lawful purposes. Payments to payees outside the United States are prohibited. In addition, you may not make a payment of alimony, maintenance, child support, taxes, or other governmental fees or court-directed payments through the service.

Marblehead Bank’s Bill Payment will make payments for you either electronically, using a check drawn on your account, or other form of funds transfer that we may choose to employ.

You must select the processing date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least five (5) business days prior to the due date to ensure that there is enough time to complete the payment prior to the due date. It is your responsibility to schedule payments to arrive by the due date specified on the bill or statement. If the actual due date falls on a non-business day, you must select a processing date that includes an additional day for processing. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

Funds are available for transfers and payments in accordance with our Funds Availability Policy. If there are not sufficient available funds in the funding account to make transfers scheduled payments, we may either refuse to honor transfer or payment requests or may make the transfer or payment and thereby overdraw the funding account. In either event, you will pay on demand by us the negative balance and are responsible for any overdraft, insufficient funds and return item charges. If you have overdraft checking privileges with us, you are bound by the rules and regulations that apply to that privilege. If we refuse to honor a transfer or payment request due to insufficient available funds, the request will be canceled and we will not make the transfer or payment at a later date.

Marblehead Bank will use reasonable efforts to ensure that the payments reach the payees on time but cannot guarantee receipt or the time a payment may be posted by a payee. It is the user’s responsibility to transmit payment Instructions in such a manner that amounts owed are paid and received on time. The user of the service is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payment instructions in sufficient time. Marblehead Bank AND ITS THIRD PARTY PROVIDERS ARE not responsible for any loss or penalty in the form of finance charges, late charges or other penalties associated with payments made or scheduled but not made by the service.

Mobile Banking Enrollment Terms and Conditions

END USER TERMS

This service is provided to you by Marblehead Bank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and Marblehead Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

Marblehead Bank Mobile Banking TERMS AND CONDITIONS

Thank you for using Marblehead Bank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions please contact customer service at 1-781-631-5500 during Marblehead Bank’s normal business hours.

Mobile Banking Terms and Conditions

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Marblehead Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

2. The services are provided by Marblehead Bank and not by any other third party. You and Marblehead Bank are solely responsible for the content transmitted through the text messages sent to and from Marblehead Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

3. By accessing this service, you agree to the following terms and conditions in addition to those contained in our Internet Banking Terms and Conditions, Deposit Agreement and Funds Availability, Disclosure of Account Terms and signature card and contract which was signed when the account was opened.

4. Marblehead Bank will use reasonable efforts to make Mobile Banking available for your use. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance. Accessibility to Mobile Banking may be interrupted because of conditions beyond Marblehead Bank’s control, including outages in Internet availability or any issues related to your ability to connect to the relevant cellular network. Marblehead Bank does not promise Mobile Banking will always be available for your use. Marblehead Bank may elect to discontinue Mobile Banking at any time.

5. Marblehead Bank will use commercially reasonable efforts to keep information in Mobile Banking current and accurate. However, there may be a delay in the time that transactions are reflected in Mobile Banking. Although Mobile Banking is expected to correctly reflect account activity, it is possible that Mobile Banking may have data errors. In such event, account records maintained by Marblehead Bank, which may include information in addition to the information available from Mobile Banking, are the final and conclusive records for bank accounts.

6. Marblehead Bank will use commercially reasonable efforts to secure Mobile Banking to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a virus. However, no security system is failsafe, and despite Marblehead Bank’s efforts the security of Mobile Banking could be compromised or third parties could introduce malicious code. Marblehead Bank will provide you with notice if your information is the subject of a security breach involving Marblehead Bank’s facilities as required by applicable law.

Mobile Check Deposit Capture Service

Customers using the Bank’s iPhone or Android Mobile Banking App can deposit checks to their linked checking, savings or money market deposit account by sending a clear image of the check to the bank using the Mobile App. Deposit accounts must be in good standing.

(a) You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to Marblehead Bank is converted to an image replacement document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
• Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited;
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
• Checks payable jointly, unless deposited into an account in the name of all payees;
• Checks previously converted to a substitute check, as defined in Reg. CC;
• Checks drawn on a financial institution located outside the United States;
• Checks drawn on the account to which they are being deposited.
• Checks that are remotely created checks, as defined in Reg. CC;
• Checks not payable in United States currency;
• Checks dated more than 6 months prior to the date of deposit;
• Checks or items prohibited by Marblehead Bank’s current procedures or which are otherwise not acceptable under the terms of your Marblehead Bank account;
• Checks payable on sight or payable through Drafts, as defined in Reg. CC;
• Checks with any endorsement on the back other than that specified in this agreement;
• Checks that have previously been submitted through the remote deposit capture service offered by Marblehead Bank or any other financial institution; or
• Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.

(b) You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #______” or as otherwise instructed by Marblehead Bank. You agree to follow any and all other procedures and instructions as Marblehead Bank may establish from time to time.

(c) All deposits made through the mobile check deposit capture service are considered to be check deposits (not electronic deposits) and are subject to the Marblehead Bank Deposit Agreement and Funds Availability.

(d) Marblehead Bank reserves the right to reject any item, at Marblehead Bank’s discretion, without liability to you. Marblehead Bank is not responsible for items Marblehead Bank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Marblehead Bank that Marblehead Bank has received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. Marblehead Bank further reserves the right to charge back to your account at any time, any item that Marblehead Bank subsequently determines was not an eligible item. You agree that Marblehead Bank is not liable for any loss, costs, or fees you may incur as a result of Marblehead Bank’s chargeback of an ineligible item.

(e) Upon your receipt of a confirmation from Marblehead Bank that Marblehead Bank has received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Marblehead Bank upon request.

(f) Marblehead Bank may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, Marblehead Bank may reject your deposit. If Marblehead Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and Marblehead Bank will not be obligated to allow such a deposit at other times.

(g) The manner in which the items are cleared, presented for payment, and collected shall be in Marblehead Bank’s sole discretion subject to the agreement governing the affected account.

(h) You agree to notify Marblehead Bank of any suspected errors regarding items deposited through the mobile check deposit capture service promptly and in no event later than 30 days after the applicable Marblehead Bank account statement is sent. Unless you notify Marblehead Bank within 30 days, such statement regarding all deposits made through the mobile check deposit capture service shall be deemed correct, and you are prohibited from bringing a claim against Marblehead Bank for such alleged error.

(i) You accept the risk that an item may be intercepted or misdirected during transmission. Marblehead Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

(j) The image of an item transmitted to Marblehead Bank must be legible, as determined in the sole discretion of Marblehead Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Marblehead Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

(k) You agree and understand that determining the day of deposit for purposes of Marblehead Bank’s Funds Availability Policy, checks successfully deposited through mobile check deposit capture service prior to 3:00 p.m. Eastern Time on any business day will be deemed to have been received by the Bank on that business day; checks successfully deposited after 3:00 p.m. Eastern Time on any business day or on any day that is not a business day are deemed to have been received by the Bank on the next business day.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2. License Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

 

Disclaimer of Warranty


You expressly agree that use of the services is at your sole risk, and that the services are provided "as is" with no warranties whatsoever, including, without limitation, warranties of availability, reliability, non-infringement, merchantability or fitness for a particular purpose.

Responsibility

In no event will we, or our providers, be responsible for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the services.

Indemnity

You agree to defend, indemnify and hold Marblehead Bank, and our providers, harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the bill payment service.

Other Provisions

Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without Marblehead Bank’s or our third party provider’s prior written consent.

Personal Finance End User License Agreement

This service is provided to you by Marblehead Bank and powered by a Third Party "Licensor" that we may provide to you and that involve accessing third party account information (“Services”). Hereinafter “us” “we” “our” or “Financial Institution” refers to Marblehead Bank.

  1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
  2. Content You Provide. Your use of the Services is your authorization for Marblehead Bank or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Marblehead Bank and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
  3. Power of Attorney. You grant Marblehead Bank and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Marblehead Bank and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN MARBLEHEAD BANK OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
  4. Third Party Accounts. With respect to any third party sites we may enable you to access through the Services or with respect to any non- Marblehead Bank accounts you include in the Services, you agree to the following:
    1. You are responsible for all fees charged by the third party in connection with any non- Marblehead Bank accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Marblehead Bank account, you agree to direct these to the account provider.
    2. Any links to third party sites that we may provide are for your convenience only, and Marblehead Bank and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
  5. Limitations of Services. When using the Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
  6. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User agreement. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.
  7. Aggregated Data.  Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking.  Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support.  Your personally identifiable information will not be shared with or sold to third parties.
  8. Ownership. You agree that Marblehead Bank and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
  9. User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Marblehead Bank or its service provider or cause Marblehead Bank to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
  10. Indemnification. You agree to defend, indemnify and hold harmless Marblehead Bank, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
  11. Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Marblehead Banks nor its third party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Marblehead Bank and its third party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Marblehead Bank and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Marblehead Bank and its third party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world
  12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARBLEHEAD BANK OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  13. LIMITATION OF LIABILITY. YOU AGREE THAT MARBLEHEAD BANK AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
  14. Export Restrictions.  You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
  15. Other Terms. You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.

eBill Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your billers directly if you do not receive your statements. You agree that the bill payment service is your agent for these limited purposes. You represent and warrant that you have the authority to appoint the bill payment service as your agent to receive your billing statements, to view and download your e-bills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the services for you. You agree that this information is used and stored on our contracted supplier’s servers. You are responsible for all charges associated with the bill payment services use of any biller site on your behalf and you agree to comply with the terms of use for the biller site.

The presentment of your first electronic bill may vary from biller to biller and may take up to sixty (60) days, depending on the billing cycle of the biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the biller.

The electronic biller has the right to cancel the presentment of its electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from biller to biller. It may take up to sixty (60) days, depending on the billing cycle of the biller. It is your sole responsibility to make arrangements for an alternative form of bill delivery. The bill pay service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Billing Statements

You authorize our third party service provider to contact billers on your behalf and to receive your billing statements and billing data, at our third party service provider’s processing center billing address. You agree that the bill payment service is your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements and to use your name, and any other information you provide to us for purposes of providing the Service for you. You agree that the bill payment service may use and store this information on their servers.

Mail Sorting and Shredding

You authorize and direct our third party service provider to open all physical and electronic mail they receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize them to scan your paper bills into our system and to make and retain paper copies, electronic copies, or images of those bills. Generally, mail is categorized into the following types and will be handled as follows:

1st Class Mail

All 1st class mail may be opened and all bills, invoices, statements of account and similar items will be scanned into the system. All other materials, whether included with a bill or sent to our third party service provider separately may be examined. Pertinent information other than a bill or billing inserts, such as a significant change in service or pricing, will be included as subsequent pages with your bill. If such information is sent as a separate mailing, it will be scanned and presented to you as a separate notice. Payments and other items that are determined that you need to receive (for example, a check from your biller for credit balance reimbursement) will be forwarded to you at the address as registered on file within the bill payment system. All other such mail (e.g. coupons, advertising, newsletters, etc.) will be shredded and/or discarded. The third party service provider will use their judgment in making the determination as to what to scan, what to shred and what to forward, and they are not responsible if you disagree as to their decision in that regard. They will shred all scanned bills and notices on site prior to discarding them. If you have a question as to whether a particular item will be scanned, shredded or forwarded, please send your question by e-mail addressed to msb@marblebank.com.


Mail Other Than 1st Class

All mail other than 1st class mail or its equivalent may be shredded and/or discarded without opening it to examine its contents. Bulk, standard, and non-profit are included in this class.

Packages/Junk Mail

The third party service provider is not responsible for forwarding packages to you, regardless of the class of mail used to deliver them. You must make arrangements with those parties from whom you purchase goods or from whom you otherwise expect packages to be sent to you, to have those packages sent to a delivery address. Our customer service team is available to assist you in designating shipping and billing addresses with your billers. If a package is sent to you at your Processing Center Billing Address, or the street address of the processing center, it will be refused and returned to the sender. You authorize the third party service provider to contact third parties to delete your name at the third party service providers address from any address list used by direct mail solicitors.


Payment Addresses

Our third party service provider reserves the right to change the address of a Payee to whom they send Payments, without notification, in the following situations:

1. The information returned by the address cleansing process determines the format of the address does not comply with the USPS standards.
2. They have determined that the address provided is not a valid address for the biller.
3. The biller has closed the address, and provided us (via the USPS) with the new address.
4. They have established a relationship with the biller to send payments to a different address than the one provided on the statement.

In all cases, the service provider will attempt to act in a way to expedite the proper posting of your payment.

Our third party service provider will only disclose information about you to third parties if:

1.       It is necessary to complete a transaction.
2.       It is necessary to verify the existence and condition of your deposit account.
3.       It is necessary to comply with a governmental agency or court order.
4.       You give us or them your written permission.
5.       You ask us or them to assist with posting of a payment at a payee.
6.       It is necessary for activating additional services that you requested.

We reserve the right to change Marblehead Bank’s Bill Payment service and this agreement, including fees, in our sole discretion and from time to time. Marblehead Savings Bank’s Bill Payment is a service provided by Marblehead Bank through its third party service providers and may be discontinued at any time at our discretion.

To cancel this service, please provide written notification to us at: Marblehead Bank , P.O Box 27, Marblehead, MA 0l945, Attention: On-line Banking.

Special Rules for Business Customers

The Bank permits certain business customers to use Marblehead Bank’s Internet Banking for their Internet banking needs.  For those customers, certain provisions of this Agreement do not apply. Therefore, if you are a corporation, partnership, limited liability company, sole proprietor, or other business entity:

1. your deposit accounts are governed by the Bank’s Business Deposit Account Agreement (rather than its Personal Deposit Account Agreement);

2. the time limits and other requirements relating to our responses to your billing error notices (as described in the section captioned “In Case of Errors or Questions” in the Personal Deposit Account Agreement ) do not apply;

3. we will not be liable for any losses or damages you may incur through Marblehead Bank’s Internet Banking unless they are the result of our gross negligence or willful misconduct; and

4. we shall be entitled to rely on the apparent authority of any person who accesses Marblehead Bank’s Internet Banking using your User ID and Password.  Except as otherwise provided by law, you will indemnify the Bank and hold it harmless for any loss or expense caused by any person who accesses Marblehead Bank’s Internet Banking using your User ID and Password.

Technical Security Information

Marblehead Bank’s Online Banking security is based on Secure Socket Layers (SSL) technology. It employs a 128-bit public-key encryption code, which is the highest form of security. This system uses a public key for encryption and a private key for decryption of the encrypted key and the data exchanged on the Web. Additionally, each individual transaction relies on a unique session-specific set of keys to further limit the exposure of data.

Online Statements (eStatements) Agreement

By selecting "I Agree", I agree to receive my periodic account statements online through Marblehead Bank’s eStatement service. I agree to discontinue having my periodic account statements printed and sent via postal mail service.  My online statements or "eStatements" will contain the same content as the paper version supplied by the Bank which includes: account balances, transaction activity, electronic funds transfer information, interest if any, and error notification procedures. Additionally, the eStatement service will also provide online any account disclosures, newsletters and/or announcements provided with paper statements.

By accepting this option, I understand that it is my responsibility to maintain proper equipment and software to view my online statements. In addition to the equipment, I will need "Adobe Acrobat Reader". I understand this is free software, and if I do not have it, I may click here to download it now.
By accepting this Agreement, I understand that the Bank will send an e-mail to the address I specify during the enrollment process to advise me when my eStatement is available. I agree to maintain an active and valid e-mail address. I will notify promptly Marblehead Bank of any change in my e-mail address via secure bank mail within Marblehead Bank’s Internet Banking; in writing to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945; or at any Marblehead Bank location.  I understand that my online statements will become available in the eStatement section of Marblehead Bank’s Internet Banking incrementally each month after I agree to the service. (The first month, one; the second month, two, etc.) eStatements will be available for up to 12 months. If I wish to retain them longer, I should download them sometime during the 12 months using instructions provided on the site. I understand that I may also print my online statements, and there are no special equipment requirements; my current printer is all I need.

I also understand there are no fees or account restrictions for using eStatements. Additionally, I have unlimited access to my statements via eStatement during the 12 months of availability. If I request an additional paper copy from the bank, there may be a statement copy fee charged per your current fee Schedule.

I understand that I may withdraw my consent to receive online statements by contacting the Bank via secure bank mail within Marblehead Bank’s Internet Banking or, I may call 781-631-5500, or write to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945.

 
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