Please read our Small Business and Personal Online Banking Services Agreement before signing up.
By signing up, you are AGREEING and ACCEPTING all items listed below.
LIBERTY SMALL BUSINESS AND PERSONAL ONLINE BANKING SERVICES AGREEMENT
Acceptance of Terms:
Upon accessing this site, you acknowledge that you will or have read
and agree to abide by the terms and conditions ("Agreement")
described below. If you decide not to agree to the terms and conditions
discussed herein, you should exit this site.
Your use and browsing of this site is at your own risk. Neither Liberty
Bank and Trust Company, its parent, subsidiaries, and/or affiliates
(“Liberty Bank and Trust Company”), nor any other party involved
in creating, producing, or delivering the site is liable for any
direct, incidental, consequential, indirect, punitive, or other damages
of any kind arising out of your access to or use of this site, or the
inability to use this site, whether caused by the equipment, software,
Liberty Bank and Trust Company, or by Internet browser providers such
as Netscape and Microsoft, or by online service providers or by an agent
or subcontractor of any of the foregoing. Nor shall Liberty Bank and
Trust Company or the service providers be responsible for any direct,
indirect, special or consequential, economic or other damages arising
in any way out of the installation, use or maintenance of the equipment,
software, the online access service, or Internet browser or access software.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WHILE LIBERTY BANK AND TRUST COMPANY MAKES EVERY EFFORT TO PROVIDE
ACCURATE INFORMATION ON THIS WEB SITE, IT ASSUMES NO RESPONSIBILITY
FOR ACCURACY. SOME INFORMATION PROVIDED TO YOU THROUGH THE USE OF
THE SERVICES OR THIS WEB SITE MAY CONTAIN TECHNICAL
OR OTHER INACCURACIES OR OMISSIONS, TYPOGRAPHICAL ERRORS, AND MAY
This site may contain links to other websites on the Internet as an
informational service to its readers, and not as an endorsement of the
web site or of any product, service, or entity. All sites, which may
be accessed through this site, are independent and are maintained by
persons other than Liberty Bank and Trust Company, its employees and
agents. Liberty Bank and Trust Company has no control over the contents
of these linked sites. Liberty Bank and Trust Company has not reviewed
all of the sites linked to this site and is not responsible for the contents
of any other sites linked to this site. Your linking to any other sites
is at your own risk.
Liberty Bank and Trust Company may change the information on this
site, or the products mentioned, at any time without notice and
without first updating the channels through which that information
is provided to you (e.g., an automated phone system or web site).
Nothing in those channels is intended to provide legal, accounting,
tax or financial advice; you should consult your own professional
advisor on such matters. Information about products and services
which you do not already have with Liberty Bank and Trust Company
is provided for informational purposes only and should not be considered
as an offer to make those products and services available to you.
Use of this Web site is expressly conditioned on your acceptance of
the following terms and conditions ("Agreement"). This Agreement
governs in conjunction with other agreements between us, including but
not limited to your signature card, our Understanding Your Deposit Accounts
Agreement, Fee Schedules, Electronic Fund Transfer Agreement and Disclosure,
any loan agreement(s), and Bill Pay Authorization and Agreement. If the
terms and conditions of this Agreement conflict with those contained
in the other agreements between us, this Agreement controls.
If you do not agree with any part of the terms and conditions in this
Agreement, you must not use this site. Use by you, or by any person
authorized by you, of this site indicates your agreement to these
terms and conditions and any instructional material that we provide you
regarding the Services.
This Agreement shall apply regardless of the means by which the site
is accessed, including, but not limited to, through the URL address http://www.libertybank.net,
electronic mail, or links from another site.
You are prohibited from posting or transmitting any unlawful, threatening,
obscene, libelous, or otherwise offensive material.
Throughout this Agreement, the words "we", "us" or "our" mean
Liberty Bank and Trust Company ("Bank") its subsidiaries and
affiliates, and their successors or assigns. "You" or "your" mean
each person who has an interest in an account or other relationship
which is accessible through the Liberty Bank and Trust Company Online
Banking, or in an account or other relationship with Liberty Bank
and Trust Company accessible through libertybank.net, including any
person authorized to have such access. "Account" and "accounts" (including "loan
account" and "loan accounts") mean the account(s) tied
to your Access ID used through our Online Banking to conduct banking
transactions or bill payments, or any account of any Liberty Bank
subsidiary or affiliate accessible through a Access ID. “Business
every Monday through Friday, excluding Federal Reserve holidays and
any other day the Bank is not open for business. Liberty Bank and
Trust Company Online Banking ("Services")
means information, communication and transactions provided to you
by us through any non-banking office remote channel, including the
Bank web site, www.libertybank.net, including, but not limited to,
the following: Account information, funds transfers and bill payments,
stop payments, check inquiry and check reorder for account(s) established
at a banking office of the Bank.
DISCLAIMER OF LIABILITY
Use of the Services requires a computer and modem (in this Agreement,
your computer and all related equipment are referred to as your "Computer")
connected through an Internet Service Provider with a Web browser (Netscape
Navigator 4.08 or higher, Microsoft Internet Explorer 4.0 or higher,
or AOL 4.0 or higher).
To provide the highest degree of confidentiality and security, we require
the use of browsers that provide encryption using a 128-bit key. The
higher the level of encryption, the harder it is for unauthorized persons
to read information. Commercial off-the-shelf browsers typically support
40-bit encryption. Many browser suppliers (Netscape Navigator browser
and Microsoft Explorer browser) offer special 128-bit encryption versions,
available for download from their respective Web sites.
We require you protect your financial information by using the most
secure encryption possible, and we specifically disclaim any and all
responsibility for losses resulting from your use of 40-bit encryption.
Use of the Services cannot be achieved with 40-bit encryption.
ACCESS CODE CONFIDENTIALITY
Use of the Services requires at least one eligible deposit
or loan account with us. Use of our Bill Pay Service requires at
least one eligible checking account with us. If you have more than one
account relationship with us, we will "link" your account relationships
together with your primary checking account, unless you request
in writing that certain accounts not be linked. Accounts which are "linked" under
the Services will have one common owner and signer. Any signer, acting
alone, must be authorized to access a linked account. Any non-linked
account will not be accessible through the Services. An account that
requires two or more signatures to make withdrawals, transfers or transactions
may not be designated as an eligible account.
You will need an Access ID and a PIN. Your Access ID is your primary
account number. The PIN is a confidential personal identification number.
Your initial PIN will be the PIN that you use for the Financial Freedom
Telephone Banking System. Upon entering the site for the first time,
you will be required to choose a new PIN. You will have access to any
of your deposit or loan accounts with us associated with your Access
All electronic communications that we receive from you on the Libertybank.net
site that meet these identity requirements will be deemed valid,
authentic and binding obligations. You intend and agree that these
electronic communications will be given the same legal effect as
your written and signed paper communications, will be considered
a “writing” or “in
writing” and will be deemed for all purposes (i) to have been “signed” and
(ii) to constitute an “original” when printed from electronic
files or records established and maintained in the normal course
of business. You agree that electronic copies of communications are
valid and you will not contest the validity or enforceability of
such transactions, absent proof of altered data or tampering, under
the provisions of any applicable law relating to whether certain agreements
are to be in writing or signed by the party to be bound thereby and
shall be admissible if introduced as evidence on paper in any judicial,
arbitration, mediation, or administrative proceeding to the same extent
and under the same conditions as other business records originated and
maintained in documentary form.
You agree to keep your Bank Access ID and PIN confidential to prevent
unauthorized access to your account(s), and to prevent unauthorized
use of the Services. We recommend that you memorize your Bank Access
ID and PIN and do not write them down. You agree not to give or make
available your Bank Access ID and PIN to any unauthorized individual.
If you believe the security of your Bank Access ID and PIN has been
compromised in any way (for example, your PIN has been lost or stolen,
someone has attempted to use the Services without your consent, your
accounts have been accessed, or someone has transferred money without
your permission), you must notify us immediately (See REPORTING UNAUTHORIZED
TRANSACTIONS/YOUR RESPONSIBILITY AND LIABILITY).
We reserve the right, under certain circumstances, to deny access to
any one or more deposit and/or loan account(s) or to the Services, or
to deny the processing of transactions, in order to maintain or restore
security to our Site and systems. We may do so if we reasonably believe
your Bank Access ID or PIN have been or may be obtained or are being
used or may be used by an unauthorized person(s).
If you close your primary checking account, your Bill Pay
Services will end and any unprocessed bill payment transactions will
We also provide E-mail as a means of communication with us. You may
ask questions about your account(s) or maintenance and/or problem resolution
issues, or to give comments regarding your satisfaction with your banking
service. E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET
AND WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL.
We recommend all communication be sent via secure messaging, available
through the Service. YOU CANNOT USE E-MAIL TO INITIATE TRANSACTIONS ON
YOUR ACCOUNT(S). For banking transactions, please use the appropriate
functions available through the Services or call Customer Service at
240-5100 inside the New Orleans area or 1-800-883-3943 outside the New
TRANSACTIONS AVAILABLE THROUGH USE OF THE SERVICES
You may use the Services seven days a week, 24 hours a day to (a)
transfer funds between your accounts; (b) make bill payments; (c) obtain
account balances; (d) obtain transaction information on your accounts;
and/or (e) obtain loan account balance information. These features are
limited to the extent, and subject to the terms, noted below.
Your ability to transfer funds from certain accounts is limited by
federal law. You should refer to our Understanding Your Deposit Accounts
Agreement for these legal restrictions and the service charges and
penalty for excessive withdrawals or transfers. Transfers made using
the Service are included in calculating the permissible number of transfers
from certain accounts described in the Understanding Your Deposit Accounts
Agreement available at any Liberty Bank office or by calling Customer
Service at 240-5200 inside the New Orleans area or 1-800-883-3943
outside the New Orleans area.
We reserve the right to impose a frequency or dollar limit on transfers,
or to refuse to make any transfer, between your accounts. We are obligated
to notify you promptly if we decide to refuse to complete your transfer
instruction. Notification is not required if you attempt to make transfers
that are prohibited under this Agreement, other Liberty Bank agreements
affecting the terms of your account(s), or federal or state laws.
At least a one-business-day delay may occur in completing transfers
between your accounts. Except as provided in this Agreement, all
banking transaction instructions received before 2 p.m. Central Time
on a business day will be posted to your account the same day. All
banking transaction instructions received on or after 2 p.m. Central
Time or on a Saturday, Sunday or banking holiday will be completed
the next business day. Our business days are Monday through Friday,
except for federal holidays and any other day on which the bank is
not open. Contact Customer Service at 240-5200 inside the New Orleans
area or 1-800-883-3943 outside the New Orleans area for a list of
our banking holidays.
Information concerning transactions performed through the Services
will be available up to 45 days from the date of the transaction.
FEES AND CHARGES
CHANGE IN TERMS NOTICE
Upon your enrollment as a user of the Services, you may be charged
the applicable Monthly Fee and/or Usage Fee whether or not you use
the Services. Please refer to a Liberty Bank and Trust Company Fee Schedule
available at any Liberty Bank office or by calling Customer Service
at 240-5200 inside the New Orleans area or 1-800-883-3943 outside the
New Orleans area. Your accounts remain subject to fees, charges, balance
requirements, and other restrictions explained in your deposit and/or
loan account agreements.
Fees are subject to change. When changes are made to any fees, charges,
or other material terms we will update this Agreement, and either
send a notice to you at the address shown on our records, or send
you an electronic message if you have agreed to receive such messages
electronically. The notice will be posted or sent at least thirty
(30) days in advance of the effective date of any additional fees,
or of any stricter limits on the type, amount or frequency of transactions,
or any increase in your responsibility for unauthorized transactions
unless an immediate change is necessary to maintain the security
of the system. If an immediate change is made to maintain the security
of the system, and it can be disclosed without jeopardizing the security
of the system, we will provide you with electronic or written notice
within thirty (30) days after the change.
You may choose to accept or decline changes by closing, continuing
or discontinuing to use the services to which these changes relate. Your
use of the Services after we send you a notice of change will constitute
your agreement to such changes. We also reserve the option, in our sole
business judgment, to waive, reduce or reverse charges or fees in individual
You agree to promptly pay all fees and charges for services provided
through the Services, and you authorize us to automatically deduct
all applicable charges and fees from your primary Liberty Bank and
Trust Company deposit account.
If you close the payment account, you must notify us and identify a
new payment account for the selected Services. If you do not notify
us of a new payment account we may, at our discretion, deduct all
applicable charges and fees from any deposit account that you maintain
with us. Additionally, if you close all your accounts with us, you
agree to notify us to cancel your Services.
You agree to be responsible for any telephone charges and/or Internet
service fees you incur in accessing your account(s) through the Services.
We, or a third party acting as our agent, are responsible for completing
fund transfers and bill payments from your account(s) on time according
to your properly entered and transmitted instructions. However,
neither a third party Service Provider, nor we, will be liable:
- If you do not have adequate money in the designated account
to complete a transaction from the account, or if that account has
- If you have not properly followed Software instructions on how
to make a transfer;
- If you have not given complete, correct and current instructions
so that a transfer can be made;
- If you do not authorize a Bill Payment transfer soon enough for
your payment to be made and properly credited by the payee by the time
it is due;
- If a timely Bill Payment is made but the payee nevertheless does
not credit your payment promptly after receipt;
- If withdrawals from any accounts have been prohibited by a court
order such as a garnishment or other legal process;
- If we or our agent reasonably believes that a transaction may
be unauthorized and based thereon the transaction is not completed;
- If your Equipment and/or Software were not working properly and
this problem should have been apparent to you when you attempted to authorize
a transfer or bill payment.
- If circumstances beyond our or our agent's control prevent making
a transfer or payment, despite reasonable precautions that we have
taken. Such circumstances include, but are not limited to, computer
failure, telecommunication outages, postal strikes and other labor unrest,
delays caused by payees, fires, floods, and other natural disasters.
There may be other exceptions to our liability as stated in your
Understanding Your Deposit Accounts agreement or loan agreements.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
You authorize us to disclose to third parties, affiliates, and agents,
such as independent auditors, consultants or attorneys, information
you have provided or that we or our affiliates have obtained about your
accounts and the transfers you make:
- To comply with laws, government agency rules or orders, court
orders, subpoenas or other legal process or in order to give information
to any government agency or official having legal authority to request
- To verify the existence and condition of your account for a third
party, such as a credit bureau or merchant;
- When necessary to complete any type of transfers and any type
of bill payments;
- To provide services relating to your account or to offer other
products and services;
- When we have entered into an agreement to have another party
provide the Bill Pay Service or receive your account information.
We will provide the third party with information about your accounts,
your Services transactions, and your electronic mail messages in
order to carry out your instructions.
REPORTING UNAUTHORIZED TRANSACTIONS
YOUR RESPONSIBILITY AND LIABILITY
You will be mailed periodic statements for your account(s) with the
regularity provided for in the deposit or loan account agreements.
Your role is extremely important in the prevention of any wrongful use
of your accounts. You must carefully examine your statements upon receipt.
Tell us AT ONCE if you believe that an unauthorized transaction has
been or may be conducted from your account(s) [you believe another
person has improperly obtained your online password(s); someone has transferred
or may transfer money from your account without authorization; you
suspect fraudulent activity on your account]. Call us toll free at 240-5200
inside the New Orleans area or 1-800-883-3943 outside the New Orleans
area. A representative is available between the hours of 9:00 a.m. to
5:00 p.m. Monday through Friday, or write to LIBERTY BANK AND TRUST COMPANY,
Post Office Box 60131, New Orleans, Louisiana 70160 ATTN: Electronic
Banking, Fax us at 504-240-5129 or E-mail us by sending an email
Telephoning us right away will help you reduce possible losses. You
could lose all the money in your designated deposit accounts plus the
maximum amount of credit available from your revolving line of credit
account if it is used as overdraft protection.
For Personal Accounts Only, to the extent a transaction
is an electronic fund transfer, you can lose no more than $50 if
you notify us within two business days of discovering any unauthorized
use of the Services or your Access Code(s). However, you can lose
as much as $500 if you do not notify us within two business days
of discovering the unauthorized use and we can prove that we could
have stopped the unauthorized use had we been notified. If you do
not report unauthorized transactions that appear on any of your
periodic statements within 60 days after such statements are mailed
or electronically transmitted to you, you risk unlimited losses
on transactions made after the 60 day period if we can prove that
we could have prevented the unauthorized use had we been notified
within this 60 day period. If extenuating circumstances, such as
a long trip or hospital stay, kept you from telling us, the time
periods in this section may be extended. You agree to assist us in
our efforts to recover any funds that were transferred or paid without
IN CASE OF ERRORS OR QUESTIONS ABOUT THE SERVICES
In case of questions or errors about funds transfers or other activity
made through the Services, you must do one of the following: Call
us toll free 240-5200 inside the New Orleans area or 1-800-883-3943
outside the New Orleans area. A representative is available between
the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday. or write
to LIBERTY BANK AND TRUST COMPANY, Post Office Box 60131, New Orleans,
Louisiana 70160 ATTN: Customer Service.
If you think your statement is wrong or if you need more information
about a transaction listed on the statement, we must hear from you no
later than 60 days after we sent the FIRST paper or online statement
on which the problem or error appeared:
To report an error you must:
- Tell us your name and account number (if any).
- Describe the error or transfer you are unsure about, and explain
as clearly as you can why you believe it is an error, or why you need
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint
or question in writing within 10 business days.
For personal accounts only, we will determine whether
an error occurred within 10 business days (20 business days if the
transfer involved a new account) after we hear from you and will
correct any error promptly. If we need more time, however we may
take up to 45 days (90 days if the transfer involved a new account)
to investigate your complaint or question. If we decide to do this,
we will credit your account within 10 business days (20 business days
if the transfer involved a new account) for the amount you think is in
error, so that you will have the use of the money during the time it
takes us to complete our investigation. If we ask you to put your complaint
or question in writing and we do not receive it within 10 business
days, we may not credit you account. Your account is considered a
new account for the first 30 days after the first deposit is made,
unless each of you already has an established account with us before
the account is opened. We will tell you the results of our investigation
within 3 business days after completing our investigation. If we
decide that there was no error, we will send you a written explanation
and debit the amount of the error that we previously credited. You
may ask for copies of documents that we used in our investigation. If
we have reasonable proof, within our sole discretion, that the merchant
has received your bill payment, we will not credit your account.
We will make every effort to work with the merchant to resolve the
issue on your behalf. In our investigation of bill payment transactions,
we will request from a merchant a refund of any interest and/or fees,
which you may have been assessed. You will be notified of the final resolution.
RIGHTS TO TERMINATE THIS AGREEMENT
We reserve the right to terminate this Agreement and your access
to the Services, in whole or in part at any time.
Your Services may be canceled at any time without prior notice due
to insufficient funds in one of your accounts. After cancellation,
the Services may be reinstated once sufficient funds are available in
your account(s) to cover any fees and other pending transfers or debits.
In order to reinstate the Services, you must call 240-5200 inside the
New Orleans area or 1-800-883-3943 outside the New Orleans area. A representative
is available between the hours of 9:00 a.m. to 5:00 p.m. Monday through
If you do not access your account(s) via the Services for any three-month
period, we reserve the right to disconnect your service.
If you wish to cancel the Services, please call toll-free 240-5200
inside the New Orleans area or 1-800-883-3943 outside the New Orleans
area or send us cancellation instructions in writing to Liberty Bank
and Trust Company, P.O. Box 60131, New Orleans, LA 70160, ATTN: Customer
To cancel the Bill Pay Service, please visit the “Cancel Bill
Pay” section under the Transaction / Bill Pay menu.
Any banking transactions you have previously authorized will be completed
as instructed. Any payment(s) we have already processed before the requested
cancellation date will be completed. All scheduled payments including
recurring payments will not be processed once you have cancelled the
Bill Pay Services, provided we have a reasonably sufficient time to act
upon your instructions. Neither termination nor discontinuation shall
affect your liability or obligations under this Agreement for transactions
initiated prior to termination or discontinuation.
It is your sole responsibility to ensure that the contact information
in your user profile is current and accurate. This contact information
includes, but is not limited to, name, address, phone numbers, email
addresses and account numbers. We are not responsible for any payment
processing errors or fees incurred by you if you do not provide accurate
account or contact information.
You may not assign this Agreement or your rights to the Services
to any other party.
We may assign this Agreement to our parent corporation or to any now-existing
or future direct or indirect subsidiary of our parent corporation,
or to any existing or future direct or indirect subsidiary of Liberty
Bank and Trust Company, or to any of our existing or future affiliates.
We may also assign or delegate certain of our rights and responsibilities
under this Agreement to independent contractors or other third parties.
When you contact us, the information that you enter may be recorded.
You consent to such recording.
CHANGES/INTERRUPTIONS IN SERVICES
We may, from time to time, revise or update, or perform maintenance
upon, our Program, the Services, and/or related material, resulting in
interrupted service or errors in the Services or rendering prior versions
obsolete. We also may need to change the scope of our Services from time
to time. We will attempt to provide prior notice of such interruptions
and changes but cannot guarantee that such notice will be provided. We
reserve the right to terminate this Agreement as to all prior versions
of our Programs, the Services, and/or related material and limit access
to our more recent versions and updates.
We shall not be deemed to have waived any of our rights or remedies
hereunder unless such waiver is in writing and signed by us. No delay
or omission on our part in exercising any right or remedy shall operate
as a waiver of that right or remedy or any other rights or remedies.
A waiver on any particular occasion shall not be construed as a bar
or waiver of any rights or remedies on future occasions.
LIABILITY FOR LOSS OR ERRONEOUS DATA
Each party will bear the liability or the risk of any error or loss
of data, information, transactions or other losses which may be due
to the failure of their respective computer systems or third party communications
providers on which each party may rely. We shall have no liability to
you for any damage or other loss, direct or consequential, which you
may incur by reason of your use of your computer system.
HARM TO COMPUTER SYSTEMS/DATA
You agree that
we will not be responsible
or liable for any indirect, incidental or consequential damages
which may result from harmful components such as viruses, worms,
Trojan horses, or other similar harmful components that may enter
your computer system by using Liberty Bank and Trust Online Services
or by downloading information, software, or other materials from
We may share customer transaction and experience information with
affiliates of Liberty Bank and Trust Company Corporation. We may
share other customer information among Liberty Bank and Trust Company
affiliates; however, you may opt out of such sharing of "other
customer information" between
Liberty Bank and Trust Company affiliates by sending your request
and your name, address, social security number, telephone number,
and account type and number to Liberty Bank and Trust Company,
Post Office Box 60131, New Orleans, Louisiana 70160 ATTN: Opt Out Desk
or e-mail us at firstname.lastname@example.org.
If you obtain any of our products or services jointly with one or more
other individuals, your opt-out decision also will apply to each of those
OWNERSHIP OF MATERIALS
The content and information on our site is copyrighted by Liberty
Bank and Trust Company and the unauthorized reproduction or distribution
of any portion is prohibited. Our logos and products are trademarked
and servicemarked, and may not be used without our permission.
Trademarks or servicemarks of others that are referenced on our web
site are the property of their respective owners. No part of these pages
or screens may be copied (except as strictly necessary for you to view
these materials on your own computer), republished, redistributed, modified,
or otherwise used or exploited by you, without our prior written consent.
If any provision of this Agreement is void or unenforceable in any
jurisdiction, such ineffectiveness or unenforceability shall not affect
the validity or enforceability of such provision in another jurisdiction
or any other provision in that or any other jurisdiction.
AREA OF SERVICE
The Services described in this Agreement are solely offered to citizens
and residents of the United States of America and businesses located
and domiciled in the USA, and may not be accessed while outside
of the USA.
The United States Export Control laws prohibit the export of certain
technical data and software to certain territories. No contents from
this site may be downloaded or otherwise exported in violation of United
If we have to file a lawsuit to collect whatever you owe us, you
will pay our reasonable expenses, including attorney's fees unless
the collection of such cost is prohibited by applicable state law.
This Agreement is governed by and interpreted in accordance with
all applicable federal laws and regulations and the laws of the State
Any controversy, claim or dispute arising out of or relating to this
Agreement, shall, upon the election by Liberty Bank and Trust Company,
be settled by arbitration pursuant to this Arbitration Provision and
the code of procedure of the national arbitration organization to which
the Claim is referred in effect at the time the Claim is filed. If Bank
elects arbitration, Claim shall be referred to either the National Arbitration
Forum (“NAF”), JAMS/Endispute (“JAMS”), or the
American Arbitration Association (“AAA”) as selected by
us. Each party to the arbitration will pay its pro rata share of the
expenses and fees of the arbitrator, together with other expenses of
the arbitration incurred or approved by the arbitrator. Arbitration
may proceed in your absence if we have given written or electronic notice
of the proceedings to you. You agree to abide by all decisions and awards
rendered in such proceedings. Such decisions and awards rendered by
the arbitrator shall be final and conclusive and may be entered in any
court having jurisdiction thereof as a basis of judgment and the issuance
of execution for its collection. The arbitrator shall not have the right
to award punitive damages or speculative damages to either party and
shall not have the power to amend this Agreement. The arbitrator shall
be required to follow applicable law.
I have read, fully understand and agree with Liberty Small Business and Personal Online Banking Services Agreement.