Federal E-SIGN Act
Disclosure and Consent
Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”) Disclosure and Consent carefully and keep a copy for your records. You can record your consent to the E-SIGN disclosure by clicking the “I Agree To” button at the end of the agreement. By agreeing on the website, you consent to the electronic delivery of the disclosures, agreements, change notices, terms and conditions and any other documents. You also agree that we do not need to provide you with additional paper (non-electronic) copies of the disclosures, agreements, change notices, terms and conditions and any other documents, unless specifically requested. Once you consent to the disclosures, you may request paper copies, which may result in a fee.
1. This First American Bank and Trust (“FABT”), E-SIGN Agreement ("Agreement") applies to each account and application you have with FABT where electronic statements and disclosures are available ("Accounts").
2. The words "we," "us," and "our" means FABT and the words "you" and "your" means you, the individual(s) who is identified on the account as the owner, authorized signer or applicant on the Account(s). As used in this Agreement, "Communication" means any periodic statement, authorization, agreement, disclosure, notice, terms and conditions, other information and any future changes related to your Account(s), including but not limited to any information that we are required by law to provide to you in writing. The term "FIRSTAMERICANISHERE.com" means the FABT online banking website.
3. Scope of Communications to Be Provided in Electronic Form. When you authorized the Agreement, you "Consent", meaning you agree that we may provide you with any Communications relating to the Account(s) identified on the Agreement in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
• Initial disclosures and agreements for your Account or associated payment features.
• All legal and regulatory disclosures associated with the Account or the product or service available through FIRSTAMERICANISHERE.com for your Account.
• Notices and disclosures about a change in the terms of your Account or associated payment feature and responses to claims.
• Monthly (or other periodic) billing or account statements for your Account or such other Communications we may include from time to time as part of the enrollment in the E-Statement program.
• Annual and periodic electronic funds transfer error resolution rights notices and notices responding to requests for error resolution.
• Notices about transactions on your Account such as preauthorized transfers, overdrafts, excessive withdrawals, delayed availability on funds deposited, notices of returned checks or payments, notices of nonpayment and notices of dishonor.
• Maturity notices and disclosures for time deposits.
• Other notices and disclosures for loans, if applicable, adverse action notices and counteroffers, billing notices, notices of billing rights, notices of past due payments, negative information notices, homeownership counseling notices, and escrow notices and disclosures.
• Insurance notices such as disclosures and notices for credit life and accident and health insurance availability and coverage, flood insurance requirement, renewal or force placement notices and private mortgage insurance initial, annual or cancellation or termination notices.
• Notices of branch closings
• Privacy policies or notices.
4. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a website that we will designate in an email notice we send to you at the time the information is available, (2) via email, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.
5. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form for any of your Accounts by visiting any branch location. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal or your consent to receive electronic Communications. We will not impose a fee to process the withdrawal of your consent to receive electronic Communications. When consent is withdrawn a statement printing fee may be imposed on your account. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
6. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete email address, contact, and other information related to this Agreement and your Account(s), and to maintain and update promptly any changes in this information. You can update such information (such as your email address) at the “My Settings” tab at FIRSTAMERICANISHERE.com or calling and requesting “EBD” at 1-706-354-5000.
8. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
• An Internet browser which is capable of supporting 128-bit encrypted communications. Your access to this page verifies that your browser and encryption software/device meets these requirements.
• Adobe Acrobat Reader for viewing electronic statements and disclosures in Portable Document Format or “PDF”;
• An email account to receive electronic communications from us;
• Sufficient electronic storage capacity on your computer's hard drive or other data storage device;
• Access to a personal computer, operating system, and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing, Communications received in electronic form from us via a plain text-formatted email or by access to our website using an Internet browser.
9. Requesting Paper Copies. We will not send you a paper copy of any Communication from us, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made no later than seven years after we first provided the electronic Communication to you. To request a paper copy, call us at (706) 354-5000 or visit any of our branch locations. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to your authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
10. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of your electronic Communications, any changes to this Agreement and any other Communication that is important to you.
11. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
12. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the electronic Communications described in this Agreement, or to terminate or change the terms and conditions on which we provide electronic Communications, including any applicable discount for receiving FABT E-Statements and Disclosures. We will provide you with notice of any such termination or change as required by law.
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
? Social Security number and income
? Account balances and checking account information
? Credit scores and payment history
When you are no longer a customer, we continue to share your information as described in this notice.
How? All financial companies need to share customer’s personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customer’s personal information, the reasons First American Bank & Trust chooses to share, and whether you can limit this sharing.
Reasons we can share your personal information Does First American share? Can you limit this sharing?
For our everyday business purposes—such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes—to offer our products and services to you Yes No
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes—information about your transactions and experiences No We don’t share
For our affiliates’ everyday business purposes—information about your creditworthiness No We don’t share
For nonaffiliates to market to you No We don’t share
Questions Call 706.354.5000 or go to www.FirstAmericanIsHere.com