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ESTATEMENT AGREEMENT
 
This E-Statement Agreement contains the terms and conditions governing your use of Traverse City State Bank's ("Bank") E-Statement program. The program is an Internet based service that will allow you to review your account statements via internet access.
 
As used in this Agreement "you" or "your" refers to the undersigned banking customer, it employees, agents, and its authorized representatives, "We", "us", "our" and "Bank" refer to Traverse City State Bank, 333 West Grandview Parkway, Traverse City, MI 49684 and any of its agents, independent contractors, designees, or assigns that Bank may involve in providing services using the program.

  1. ELECTION AND AUTHORIZATION FOR ELECTRONIC DELIVERY
    By signing the E-Statements Enrollment Form, you affirmatively consent and agree to permit the Bank to make disclosures and provide notices to you in electronic form, in lieu of providing such notices and disclosures in written form. Your consent and agreement shall relate to all forms of disclosures and notices required under applicable law as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your account statement(s) and notices that we are required to provide you under applicable Federal and State statutes and their implementing regulations, as amended from time to time, including but not limited to:
     
    Truth in Lending Act Truth in Savings Act
    Fair Credit Reporting Act Electronic Funds Transfer Act
    Home Mortgage Disclosure Act
    Fair Housing Act
    Equal Credit Opportunity Act
    Privacy Policy
     
    Other Federal and State statutes may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your authorization on the eStatement Enrollment Form also authorizes us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these statues after they become effective. If there is more than one Depositor that is a party to the account, notice to any one Depositor will be effective for all. To revoke this consent or to request a paper copy of any electronic disclosure or notice provided pursuant to this consent, you must either call the Bank at (231) 995-5500 or write the Bank at P.O. Box 192, Traverse City, MI 49685. Refer to Paragraph 3 for a description of the hardware and software requirements for access to and retention of electronic disclosures and/or notices.

  2. SECURITY MEASURES
    We use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account statements. Our security consists of 128-bit encryption of the data on the eStatements to protect it while in transit over the Internet. Subject to Paragraph 3 below, once you receive and open an eStatement, it is decrypted by use of Acrobat Reader 7.0 or higher and a unique password until such time that you exit the eStatement, when it is once again encrypted at the 128-bit level and password protected.
     
    You understand that these industry standards are dynamic and constantly developing. By signing the enrollment form for eStatements, you acknowledge and understand that there are risks to electronic delivery of account statement(s) and notices, 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 statement(s) and notices by third parties in spite of the bank's commercially reasonable security measures and find that our security measures are commercially reasonable. In reaching this conclusion, you have considered the historical and potential future content of your account statement(s), the risks associated with electronic delivery of account statement(s) and our security procedures, if you conclude that our security procedures cease to be commercially reasonable in the future, you must terminate this agreement immediately in accordance with section 9 below.

  3. YOUR COMPUTER'S SPECIFICATIONS In order to receive eStatement services, your computer hardware, software and your Internet Service Provider ("ISP") must meet the following specifications:

    • Microsoft Windows computer with Internet connectivity using Internet Explorer, Netscape Navigator or Firefox as a browser
    • A Macintosh computer with Internet connectivity using Apple Safari, Internet Explorer, or Firefox as a browser

    A PDF version of your account statement will be made available. Adobe Acrobat Reader version 7.0 (or other software capable of reading a PDF file) is required to view your statement. Adobe Acrobat Reader® can be acquired for free at www.adobe.com/Acrobat. In order to print and retain a paper copy of your statements, you will need a printer attached to your computer.
    We cannot guarantee full functionality with any other configurations than what has been outlined above. Additionally, any current functionality on a different configuration may be diminished or eliminated in future updates to the service.

  4. E-MAIL ADDRESS
    We will send a notice to you via email to the last known email address provided by you indicating your eStatement is available. You agree to notify us promptly in writing (by letter sent via U.S. Mail or by facsimile @ 231-995-5596), by updating the email address through Online Banking, or by contacting us in person at any branch location of any change of your email address. For your protection and for security purposes, we will not accept any change of email address without your signature or via telephone. If you have not notified us of any change to your email address, you agree that your failure to provide us with a good email address is the lack of ordinary care on your part. If we become aware that you are not receiving your eStatement(s) and notices, we will send your eStatement(s) and notices to you via U.S. Mail to your last address known to us.

  5. PROMPT REVIEW OF E-Statements
    eStatements may only be accessed through Traverse City State Bank Online Banking. When your eStatements are available, you will receive an email notification to the email address you have on file with Traverse City State Bank. Any account statement, notice or accompanying items posted will be considered delivered on the day that it was first made available to you for viewing. If your email notification is returned to us undeliverable, we may discontinue eStatements services and mail your periodic account statements in paper form to your current mailing address on file via U. S. Mail. There may be a charge in accordance with the applicable Fee Schedule for subsequent paper statements. Regardless of your receipt of email notification, you agree that our posting of your statements on the Online Banking Web site constitutes delivery of your periodic account statement. You agree to log on to Online Banking at least once a month to review your statements.

    You must promptly review your eStatement and any accompanying items and notify us in writing (within the applicable time periods specified in the Rules) of any error or other irregularity. If you allow someone other than you to review your statements, you must still review the statement for any errors 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 email Date regardless of when you receive and/or open the eStatement.


  6. DISCLAIMER OF WARRANTY
    We make no warranties of any kind with respect to the software program used to access the eStatement services, and we do not warrant that the software program or that eStatement services will meet your specific requirements. We make no warranties of any kind, whether expressed or implied, with respect to the use and adequacy of the software program or the eStatement services we provide under this agreement. We disclaim any and all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

  7. NOTICE OF UNAUTHORIZED ACCESS If you believe your E-Statement is lost or that someone has obtained access to your E-Statement without your permission, call us at (231) 995-5500 or write us at Traverse City Stat Bank, P.O. Box 192, Traverse City, MI 49685.

  8. LIABILITY; INDEMNIFICATION NOT WITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE E-Statements SERVICES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
     
    WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE E-Statements SERVICES. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY e­statements SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING E-Statements 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 CIRCUMSTANCES.
     
    EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE e­statements SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

  9. TERMINATION/AMENDMENT
    This Agreement shall remain in full force and effect until it is terminated by either party upon thirty (30) days' prior written notice to the other party. We also have the right to terminate this Agreement immediately, with or without cause, or if you fail to comply with the terms of this Agreement or any other agreement which you may have with us or any applicable rule or regulation which may govern your account(s). If we terminate this Agreement for any of these reasons, such termination shall be effective on the effective date specified in a written notice mailed to you, and not on the date when the notice is mailed or received. Any amendment or revision to this Agreement must be executed in writing by an authorized party to your account and attached to our copy of the Agreement as well as noted in our account records.
  10. ARBITRATION
    This agreement incorporates by reference the terms and provisions of an arbitration agreement located in the rules, which governs accounts and other agreements and services offered by the bank and pursuant to which the mortgagor and the bank agree, upon the request of the depositor or the bank, to submit to mandatory binding arbitration any "dispute" as that term is defined in the rules.

    By clicking the accept button, you acknowledge that you have read and agree to the terms and conditions in this “eStatements Agreement”. You further acknowledge that you are authorized to enter into this Agreement for all persons who are authorized to access any of your accounts and that all persons will also be bound by the terms and conditions within this Agreement.

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Downtown
333 W. Grandview Pkwy
Traverse City, MI  49684
(231) 995-5500

Routing Number:  072413997

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