Digital Banking Agreements

Personal Online Banking Agreement

This Online Banking Agreement (“Agreement”) for Highland Bank, a Minnesota banking corporation (“Bank”) contains the terms and conditions governing the following online services: balance reporting, transfers between accounts, stop payments and address changes. The accounts that may be accessed via Highland Bank Online Banking (“Online Banking”) include checking, savings and loan accounts (“Eligible Account(s)”). In addition to this Agreement, your accounts shall continue to be governed by the Terms and Conditions of Your Account document.

To use Online Banking, you must have at least one (1) Eligible Account with the Bank, access to internet services and an active email address. Online Banking can be used to access only the Eligible Accounts for which you are a signer.

Online Banking is available seven (7) days a week, twenty-four (24) hours a day. Some or all Online Banking services may be unavailable periodically for testing or installation of upgrades.

You are responsible for ensuring that transfers are executed based on the “available balance” versus the “ledger balance”. The number of electronic transfers from a savings account is limited to six (6) per statement cycle as described in our most recent Terms and Conditions of Your Account document. Transfers initiated through Online Banking before 6:00 pm Central Time on a “Business Day” shall be posted to your account on the same day. “Business Day” means any day except Saturdays, Sundays and Federal Reserve holidays. Transfers initiated after 6:00 pm Central Time on a Business Day and transfers initiated on days which are not a Business Day shall be posted to your account on the next Business Day.

Online Banking does not require any intervention on the Bank’s part to process transfers. Consequently, it is your responsibility to ensure that transfers are being executed based on the “available balance” versus the “ledger balance” and that the transfers are valid. Individuals control security password access to Online Banking; therefore, the Bank assumes the holder of the password has authorized all transfers. The Bank shall assume no liability for unauthorized transfers.

Notwithstanding any law, rule or regulation to the contrary, you acknowledge that a Stop Payment Order on a check or series of checks initiated through the Online Banking is binding for a six (6) month timeframe from the date of placement. By accepting this Agreement, you acknowledge you have provided written authorization for all Stop Payment Orders initiated through Online Banking.

Your role in preventing misuse of your account information is extremely important. In addition to protecting your account information, you should also take precautions to protect your password. You are responsible for keeping your password and account data confidential. If you believe your password has become known to others, you should change it immediately.

Fees may apply to Online Banking services. For information, contact your Banker or Client Services. The Bank reserves the right to charge for use of uncollected funds if transfers are executed based on ledger balance versus the available balance. The Bank also reserves the right to charge a fee for functionality that is added in later releases. The Bank shall notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of such changes.

Your enrollment in Highland Bank Online Banking and Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Highland Bank account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN or login information. You do not have the option to suppress these Mandatory Alerts.
  • Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
  • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Highland Bank Online Banking and Manage Alerts menu within Highland Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Highland Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels of Email, SMS, Secure Inbox and Mobiliti: (a) a mobile device by text message; (b) a mobile device by push notification; (c) an email account by an email message; or (d) your Highland Bank Online Banking message inbox via an email message. You agree to receive Alerts through these Email, SMS, Secure Inbox and Mobiliti, and it is your responsibility to determine that each of the service providers for the Email, SMS, Secure Inbox and Mobiliti described in (a) through (c) above supports the email, push notification and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your Email, SMS, Secure Inbox and Mobiliti service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 96924 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in {Highland Bank} Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 96924. For questions, please contact client services at 952-858-4888. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile,® U.S. Cellular,® Verizon Wireless and MetroPCS.

Limitations. {Highland Bank} provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside {Highland Bank}’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold {Highland Bank}, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

The Bank reserves the right to terminate your Online Banking privileges under this Agreement without notice to you for any reason, including but not limited to, your failure to comply with the applicable agreements governing your checking, savings or loan accounts or your failure to maintain your accounts in good standing.
You may terminate use of Online Banking at any time either by calling 952-858-4888 or 1-877-457-1305 or faxing a termination request to 763-420-3644.

Zelle Network® Standard Terms

1.    Description of Services

  1. The Zelle Network® (“Zelle®”) is a convenient way to send and receive money with others you trust. Zelle enables you to send and receive money with customers who are enrolled with us or with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses, mobile phone numbers, or other unique identifiers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Financial Institutions.
  2. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
  3. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2.    Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk. 

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.  

Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle have absolute discretion to remove content at any time and for any reason without notice. We and Zelle may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Service. 

The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Service that is subject to intellectual property rights claims. 

We may change any term of this agreement at any time.  We will give you reasonable notice in writing or by any other method permitted by law.  Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of this agreement and you continue to use the service after the effective date of the change, you have agreed to the new term(s).

Each deposit account can have multiple, unique U.S. mobile phone numbers or emails registered to one account.  Each checking and savings account must have a unique email or U.S. mobile phone number.  It is your responsibility to keep your email or U.S. mobile phone number up-to-date with the service.  

3.    Consent to Share Personal Information (Including Account Information)

You acknowledge and agree that in connection with your use of the Services, Highland Bank and its service providers, including Zelle® and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Bank and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, and as otherwise authorized by you.

Highland Bank and its service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

4.    Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy and Information Security Policy at https://www.highland.bank, which our Privacy Policy and Information Security Policy are incorporated into and made a part of this Agreement by this reference.

5.    Wireless Operator Data

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. 

6.    Enrolling for the Service

  1. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet
  2. Once enrolled, you may:
    1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
    2. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting ”
  3. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
  4. Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll it with Zelle.
  5. If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the contact method for communication related to the Service and must meet the requirements described herein.

7.    Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

  1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message Please check your mobile service agreement for details or applicable fees.
  2. You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a contact method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.
  3. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
  4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your
  5. To cancel text messaging from us, send STOP to 53608. For help or information regarding text messaging, send HELP to 53608 or contact Client Services at [email protected] or by calling 952-858-4888 or 1-877-457-1305. You expressly consent to receipt of a text message to confirm your “STOP” request.
  6. Supported Carriers: Most major carriers are supported. Limitations may apply.

8.    Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you

9.    Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this [Agreement], and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.

In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions, and other Zelle users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur. 

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification). 

Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User. 

10. Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION. 

11. Send Limits

There are limits on the amount of money you can send or receive through the Service.  Your limits may be adjusted from time-to-time in our sole discretion. 

Dollar Limits:                                                                            Transaction Limits:

Per transaction:  $2,500.00                                     Per processing day:  10

Per processing day:  $5,000.00                               Per processing week:  20

Per processing week:  $10,000.00                           Per processing month:  35

Per processing month:  $15,000.00

We or Zelle also reserve the right to select the method in which to remit funds on your behalf through the Service.

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our discretion, that we will not send a reminder or repeat request to that User.

By accepting this [Agreement], you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient. 

13. Transaction Errors

In case of errors or questions about your transactions, you should contact us as soon as possible by contacting Client Services at client [email protected] or by calling 952-858-4888 or 1-877-457-1305. 

You may contact us by mail at:

Highland Bank

Attn:  Client Services
6901 E Fish Lake Rd, Suite 124
Maple Grove, MN 55369

If you think your periodic statement is incorrect or you need more information about a transaction listed in the periodic statement, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. 

If you tell us orally, we may require that you send you complaint in writing within ten (10) Business Days after your oral notification. 

14. Your Liability for Unauthorized Transfers

We will determine whether an error occurred within ten (10) Business Days after we complete or investigation of an error.  We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly.  However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation.  If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error.  If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.  If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation.  You may ask for copies of documents used in our investigation.  We may revoke any provisional credit provided to you if we find an error did not occur.

15. Liability for Failure to Complete Transfers

You agree that we have provided access to Zelle, and the transaction capabilities provided by the Zelle service.  We shall have no liability for any losses or damages to you for any failure by Zelle to complete a transaction.

We shall not be liable for any typos or keystroke errors that you may make when using the Service.

16. Fees

Highland Bank has no fees associated with the Service.

17. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Online Banking Agreement and Disclosure, which is available at https://www.highland.bank and incorporated into and made part of this Agreement by this reference.

18. Cancellation of the Service

You may cancel the Service at any time.  Any transfers that have begun processing before the requested cancellation date will be processed by us or our service providers. 

19. Right to Terminate Access

You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason.  Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANICAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this [Agreement], you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement. 

23. Governing Law; Choice of Law; Severability

The terms and conditions of this Agreement are subject to and governed by the laws of the State of Minnesota and Federal law. 

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law.  If any provision of this Agreement is found to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

24. Miscellaneous

Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. Live customer service generally will be available Monday through Friday 8:00a.m. – 5:00p.m. Central Time, excluding US bank holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

Business Online Banking Agreement

This Online Banking Agreement (“Agreement”) for Highland Bank, a Minnesota banking corporation (“Bank”) contains the terms and conditions governing the following online services: balance reporting, transfers between accounts, stop payments and address changes. The accounts that may be accessed via Highland Bank Online Banking for Business (“Online Banking”) include checking, savings and loan accounts (“Eligible Account(s).”) In addition to this Agreement, your accounts shall continue to be governed by the most recent Terms and Conditions of Your Account document.

The Bank shall issue the corporate administrator a temporary password. The corporate administrator shall be prompted to change the password at the first log-on.

To use Online Banking; you must have at least one (1) Eligible Account with the Bank, access to internet services and an active email address. The corporate administrator shall be responsible for establishing a password for other authorized corporate employees.

Online Banking is available seven (7) days a week, twenty-four (24) hours a day. Some or all Online Banking services may be unavailable periodically for testing or installation of upgrades.

You are responsible for ensuring that transfers are executed based on the “available balance” versus the “ledger balance.” Transfers initiated through Online Banking before 6:00 pm Central Time on a “Business Day” shall be posted to your account on the same day. “Business Day” means any day except Saturdays, Sundays and Federal Reserve holidays. Transfers initiated after 6:00 pm Central Time on a Business Day and transfers initiated on days which are not a Business Day shall be posted to your account on the next Business Day.

Online Banking does not require any intervention on the Bank’s part to process transfers. Consequently, it is your responsibility to ensure that transfers are being executed based on the “available balance” versus the “ledger balance” and that the transfers are valid. Individuals control security password access to Online Banking; therefore, the Bank assumes the holder of the password has authorized all transfers. The Bank shall assume no liability for unauthorized transfers.

Notwithstanding any law, rule or regulation to the contrary, you acknowledge that a Stop Payment Order on a check or series of checks initiated through the Online Banking is binding for a six (6) month timeframe from the date of placement. By accepting this Agreement, you acknowledge you have provided written authorization for all Stop Payment Orders initiated through Online Banking.

Your role in preventing misuse of your account information is extremely important. In addition to protecting your account information, you should also take precautions to protect your password. You are responsible for keeping your password and account data confidential. If you believe your password or an employee’s password has become known to others, you should change it immediately.

Fees may apply to Online Banking services. For information, contact your Banker or Client Services. The Bank reserves the right to charge for use of uncollected funds if transfers are executed based on ledger balance versus the available balance. The Bank also reserves the right to charge a fee for functionality that is added in later releases. The Bank shall notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of such changes.

Alerts. Your enrollment in Highland Bank Online Banking and Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Highland Bank account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
  • Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
  • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Highland Bank Online Banking and Manage Alerts menu within Highland Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Highland Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels Email, SMS, Secure Inbox and Mobiliti: (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Highland Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these Email, SMS, Secure Inbox and Mobiliti, and it is your responsibility to determine that each of the service providers for the Email, SMS, Secure Inbox and Mobiliti described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your Email, SMS, Secure Inbox and Mobiliti service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 96924 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in {Highland Bank} Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact client services at 952-858-4888. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. {Highland Bank} provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside {Highland Bank}’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold {Highland Bank}, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

Termination

The Bank reserves the right to terminate your Online Banking privileges under this Agreement without notice to you for any reason, including but not limited to, your failure to comply with the applicable agreements governing your checking, savings or loan accounts or your failure to maintain your accounts in good standing.

You may terminate use of Online Banking at any time either by calling 952-858-4888 or 1-877-457-1305 or faxing a termination request to 763-420-3644.