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ELECTRONIC DELIVERY OF LOAN DOCUMENTS AND DISCLOSURES CONSENT AND AGREEMENT 1. Welcome! Welcome to The Bank of the Bluegrass & Trust Co. 2. Your Consent. For the Bank to allow you electronic access to the credit card application and disclosures, we need your consent. Please review the information below prior to giving your consent. By agreeing to receive the credit card application and disclosures electronically, you also agree to notify the Bank immediately by telephone or fax at the numbers set forth in the Attachment to this Consent and Agreement of any change in your email address or any errors or complications relating to your access of the credit card application and disclosures. * Your rights/options to receive a disclosure in paper form - If you elect to receive credit card application and disclosures through electronic delivery, the Bank will not send you the credit card application and disclosures through the mail. There is no fee to receive your credit card application and disclosures in paper form through the mail. * Whether your consent applies only to a particular transaction or to categories of transactions – Your consent, which will be given by clicking on the “I ACCEPT” button below or by signing a paper copy of this Consent and Agreement and providing it to the Bank, is to authorize the Bank to forward to you electronically your credit card application and disclosures. * The right to withdraw consent to have records provided electronically, including any consequences or fees associated with doing so – To discontinue this electronic delivery service, you can email your request to the Bank or you can request a discontinuance of the service by calling the Bank. The email address and phone number for the Bank are set forth in the Attachment to this Consent and Agreement. It will take up to 45 days for the Bank to implement your request, and after such time you will no longer receive your statements electronically. We will charge no fees for discontinuing the service. * How the consumer may obtain a paper copy of the record upon request – The steps you must take to obtain paper copies of the credit card application and disclosures are set forth in the Attachment to this Consent and Agreement. * Hardware and software requirements for access and retention of the electronic information – The hardware and software requirements to enable you to access the credit card application and disclosures electronically are discussed below in Our Requirements. 3. Our Requirements. First, the same terms apply with respect to electronically delivered credit card application and disclosures as for those delivered in paper form, and the credit card agreement and disclosures that you have previously entered into with or received from the Bank remain in effect. Second, for you to be able to receive and view credit card application and disclosures effectively, you must use an Internet browser that supports 128-bit encryption. Both the Microsoft Internet Explorer® browser and the Netscape Navigator® browser versions 4.0 or higher will enable you to receive and use our service. If you do not have at least a 4.0 version of one of the referenced browsers, you can go to the web site of either Microsoft or Netscape and download the appropriate version of the browser you need. Also, to view credit card agreement and disclosures, you will need Adobe Acrobat Reader 3.0 or greater. This product is available for free at http://www.adobe.com.4. Privacy. Our privacy policy (that has been previously provided to you) will apply to this service and the policy is incorporated into and made a part of this Consent and Agreement. 5. Service Availability. The Bank may change, suspend or eliminate all or any aspect of this delivery service upon notice to you. 6. NO WARRANTY FOR CONTINUOUS OR UNINTERRUPTED SERVICE. BECAUSE OF THE UNPREDICTABILITY OF THE INTERNET, WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE CREDIT CARD APPLICATION AND DISCLOSURES THROUGH THE INTERNET. HOWEVER, SHOULD YOU BE UNABLE TO ACCESS THEM, YOU CAN CALL THE BANK AT THE NUMBER SET FORTH IN THE ATTACHMENT AND THE BANK WILL TAKE OTHER MEASURES TO PROVIDE COPIES OF YOUR STATEMENTS TO YOU. 7. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE OR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER’S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER’S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS. TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS CONSENT AND AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SERVICE. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US WITHIN THE LAST 90 DAYS (IF ANY) FOR THIS SERVICE. 8. Notices. If you want to send us a notice in relation to this Consent and Agreement, you must send it by e-mail or regular mail to the person and address noted on the Attachment to this Consent and Agreement. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by email will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing. 9. Arbitration. You agree that at any claim or controversy relating to this Consent and Agreement will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in the city in which the Bank’s main office is located and that judgment on the arbitration award may be enforced by any court having proper jurisdiction. 10. Governing Law. You agree that this Consent and Agreement is governed by the laws of the State in which the main office of the Bank is located, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our service shall be an appropriate federal or state court located in the city in which the Bank’s main office is located. ATTACHMENT Notice can be sent to:
Customer Service Bank of the Bluegrass Bank & Trust Co. 101 East High St. Lexington, KY 40507 859-233-4500 859-233-3449 Fax
To obtain a paper copy of credit card application and disclosures contact a Customer Service Representative at the above telephone number.
Click Here to Accept and download the credit card application
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