TCF® ONLINE CUSTOMER ACCESS AGREEMENT

E-Sign Consent Agreement and E-Sign Disclosures
Electronic Funds Transfer Act Disclosures

To obtain access to TCF's online banking services, you must first indicate your consent to all the terms of this Agreement. You may indicate your consent electronically by following the on-screen directions for doing so. We recommend that you download or print this Agreement and keep a copy for future reference.

Definitions

In this Agreement:

"Account" means a TCF checking or savings account that is eligible for the Services. TCF may change the categories of accounts that are eligible for the Services from time to time. We will give you advance notice of the change when required by law. "Account" does not include certificate of deposit or passbook accounts. An Account is a “consumer” account if it is established primarily for personal, family, or household purposes.

"Account Contract" means, in the case of a TCF checking or savings account: (1) this Agreement; (2) your Account Agreement; (3) TCF's Terms and Conditions for Checking and Savings Accounts; (4)TCF's Deposit Account Services and Prices Schedule; (5) TCF's Current Rates and Yields schedule; (6) the TCF Privacy Policy (as applicable); (7) any terms and conditions posted on TCF's online banking site governing your use of the Services; and (8) any additional agreements between you and TCF and any additional disclosures or services that TCF may provide you.

"Affiliate" means any company owned directly or indirectly by TCF or TCF Financial Corporation.

"Agreement" means this Online Customer Terms of Service.

Alerts and Reminders” means Account alerts and personal reminder messages as described in the section called “Alerts and Reminders.” The Alerts and Reminders are part of the Services.

"Authorized Person" has the meaning stated in TCF's Terms and Conditions for Checking and Savings Accounts.

"Available Funds" and "Available Balance" has the meaning stated in TCF's Terms and Conditions for Checking and Savings Accounts.

"Business Day" means every day except Saturday, Sunday and federal holidays, except as otherwise provided in this Agreement.

"Communications" means all account opening documents, account statements, disclosures, notices, messages, records, and other information that TCF may provide to you or make available to you relating to your Account or Loan or the Services.

"Loan" or "Loan Agreement" means your eligible loans with TCF, including: (1) your installment loans; (2) your CommandCredit line of credit; and (3) your TCF Miles Plus charge card account. From time to time, TCF may change the categories of loan accounts that are eligible for Services. We will give you advance notice of the change when required by applicable law. A loan is a “consumer” loan if it is established primarily for personal, family, or household purposes.

"Services" means TCF online banking services available at or through TCF's online banking site (tcfbank.com), as further described in this Agreement. TCF may add features to the Services or discontinue features of the Services from time to time without notifying you in advance. However, we will give you any notice that may be required by applicable law.

 

"TCF," "we," "us," and "our" mean TCF National Bank.

"You" and "your" mean the owner of each Account enrolled for the Services or the borrower for each Loan enrolled for the Services. If there is more than one Account owner, "you" and "your" mean each owner individually and all owners together. If there is more than one borrower on the Loan, “you” and “your” mean each borrower individually and all borrowers together.

 

Agreement for Online Banking Services

This Agreement is for the Services provided by or through TCF for eligible Accounts or Loans. By enrolling your Account or Loan in the Services or using the Services, you confirm your acceptance of the terms of this Agreement.

Your use of the Services is also governed by the other terms of your Account Contract or Loan Agreement with TCF. Please note that your Account Contract or Loan Agreement has an arbitration provision. Your use of the Services is subject to that arbitration provision. This Agreement supplements, amends, and is part of your Account Contract or Loan Agreement with TCF. If there is any conflict between the terms of this Agreement and the other terms of your Account Contract or Loan Agreement, the terms of your Account Contract or Loan Agreement control.

 

Changes to this Agreement

TCF may change this Agreement from time to time by: (1) adding new terms, conditions, services, charges, or fees; and (2) modifying or deleting existing terms, conditions, services, charges, or fees. All changes to this Agreement take effect immediately when we give you notice of the change, unless the notice states otherwise. Notice of any change we give you will be within the time any applicable laws require.

Except where a law, or another term of your Account Contract or Loan Agreement requires notice by some other means, we may notify you of a change to this Agreement by:

By continuing your Account or using any Account-related service after the effective date of any change, you confirm your agreement to the change.

 

Accessing Your Account

To access your Account or Loan using the Services, you must:

You must use your online user name and password to access the Services. You must also comply with any other security procedures that we may establish from time to time. These additional security procedures may require special hardware, software or third-party services. They may also include the activation of certain Internet browser software features, plug-ins, or add-ons.

 

Online Account Access Services

TCF offers several services that allow you to access your Account online.

TCF Free Online Banking

TCF Free Online Banking provides basic Internet banking services with no monthly access fee for consumer holders of an Account. With this service, you accumulate up to 18 months of account transaction detail. You can obtain balance information, transaction history, and other information. You can download account transaction detail into current versions of Quicken® or eligible Microsoft Money® applications. And you can establish account balance alerts sent to you by email.

With TCF Free Online Banking, you can also participate in our bill payment service with no monthly fee.

TCF Business Online Banking

TCF Business Online Banking provides basic Internet banking services with no monthly access fee for holders of a small business TCF account. With this service, you can obtain balance information, transaction history and other information about your Account.

TCF Business Preferred Online Banking

TCF Business Preferred Online Banking provides advanced Internet banking services with an access fee of $2.95 per month for holders of a small business TCF Account. With this service you get up to three years of account transaction detail. You can download account transaction detail into current versions of Quicken®, QuickBooks® or Microsoft Money® applications. And you can set up account balance alerts sent to you by email. We will waive the $2.95 monthly access fee as long as you: (1) remain enrolled in our bill payment service; or (2) get your periodic account statements electronically (online) rather than by mail.

With TCF Business Preferred Online Banking, you can also participate in our bill payment service. The fee for bill payment service is $5.95 per month (waived if you choose to receive your statements electronically) for up to 25 payments and 40 for each payment over 25 in a statement period.

TCF Premier Business Online Banking

TCF Premier Business Online Banking provides advanced Internet banking services with no access fee for holders of a TCF Premier Business Checking account. With this service you can get up to three years of account transaction detail. You can download account transaction detail into current versions of Quicken®, QuickBooks® or Microsoft Money® applications. And you can establish account balance alerts sent to you by email. You will also be enrolled in our bill payment service and receive 25 free bill payments a month. The fee for each payment over 25 in a statement period is 40¢. There is no monthly fee.

TCF Online Business Banking Plus

TCF Online Business Banking Plus provides advanced Internet banking services with access fee of $4.95 per month for holders of a commercial TCF checking account. With this service you can get up to 13 months of account transaction detail. You can download account transaction detail into current versions of Quicken®, QuickBooks® or Microsoft Money® applications. You can establish account balance alerts sent to you by email. Bill payment service is not available with TCF Online Business Banking Plus.

Additional Fees and Charges

Additional fees for the Services are shown in TCF’s Deposit Account Services and Prices Schedule. These include overdraft and returned item (“NSF”) fees for transfers and bill payment withdrawals that exceed (or would exceed) your Available Balance. They also include a fee if you make a stop payment request for a transfer or bill payment withdrawal.You are responsible for any telephone or Internet service provider charges you incur by accessing your Accounts or paying bills using the Services.  

 

Funds Transfer Service

TCF's online funds transfer service allows you to make one-time or recurring transfers between Accounts.

When you set up a funds transfer, you authorize TCF to: (1) withdraw the amount you specify from an Account you designate; and (2) to transfer those funds to another Account that you designate. This includes transfers to pay for transactions you make using your Premier Plus Charge CardSM. TCF may require you to be an owner on each Account before allowing the transfer. Not all accounts are eligible for fund transfers. We reserve the right to limit or change the accounts that are eligible for fund transfers at any time. We will give you notice of the change when required by law.

TCF limits the dollar amount of transfers you can make between your consumer Accounts using TCF's online funds transfer service to $25,000 per transaction and $25,000 per day. Lower limits apply for transfers involving Accounts you do not own. Transfer limits for non-consumer accounts vary. TCF may change these limits from time to time without giving you notice, except we will give notice when required by applicable law. The law generally does not require notice when confidentiality is essential for security purposes.

You are responsible for having enough Available Funds in your Account on the date transfers from the Account are scheduled to take place. We do not have to transfer any funds from your Account if the transfer exceeds your Available Balance on the date of the transfer.

We will try to process transfers on the date you tell us to. However, you agree that some transfers may take longer to be processed. You should select a transfer date several days in advance of the date you want the transfer to take place.

 

Bill Payment Service

TCF's bill payment service allows you to schedule one-time or recurring payments from your Account to third parties.

Designation of Funding Account

To use our bill payment service, you must designate an Account from which all payments to your designated payee will be made (called the "Funding Account"). If you or we close the Funding Account, you must identify a new Funding Account.

You are responsible for having enough Available Funds in your Funding Account on the date any withdrawals from the account take place. Withdrawals usually take place on the due date. However, they may take place up to two Business Days before the due date. The day and time of withdrawal are at TCF's sole discretion. If a withdrawal exceeds (or would exceed) the Available Balance in your Funding Account, TCF may, in our sole discretion: (1) allow the withdrawal, which could cause the Funding Account to be overdrawn or add to the amount by which the Funding Account is overdrawn; or (2) decline to make the withdrawal, in which case no payment will be made to your designated payee. TCF may take either of these actions without notifying you in advance. Overdraft or returned item (“NSF”) fees will apply. See TCF’s Terms and Conditions for Checking and Savings Accounts for more information. TCF will not make any withdrawals from your Funding Account if the account is restricted for any reason.

Daily and Transaction Limits

We limit the dollar amount of each payment you can make from the Funding Account to $10,000. We limit the total amount of payments you can make each day from the Funding Account to $25,000. TCF may change these limits from time to time without giving you notice, except we will give notice when required by law. The law generally does not require notice when confidentiality is essential for security purposes.

Scanned Bill Pay Services

You may also set up scanned bill payment service, which enables you to receive your bills electronically. The fee is 60 for each scanned item.

Designation of Payee

You may designate any payees located within the United States to pay using TCF's bill payment service. However, you may not designate any federal government as a payee. Also, you may not designate a payee for purposes of making court-ordered payments. We may limit your ability to specify any other payee or class of payees.

By designating a payee, you authorize us to follow the payment instructions that we receive under your online banking password for that payee. When you give us a payment instruction for a payee, you authorize us to send funds to the payee on your behalf from your Funding Account. TCF may determine in our sole discretion the method of payment to any designated payee. For example, we may make payments by check, electronic payment, or other method.

TCF does not have any duty to monitor the payments that are made through our bill payment service. If you are a business, TCF is not responsible to you if your password is used to pay bills that are not yours from the Funding Account.

Occasionally, a payee may choose not to receive payments made through a bill payment service, or may require additional information before accepting payments. If that happens, you agree to remove the payee from your payment schedules or give us any additional information the payee may require. You agree that we may remove the payee from your payment schedules if you do not do so.TCF is not responsible to you if we cannot process a bill payment order because the payee will not accept the payment or rejects the payment. TCF is not responsible to you if you are unable to complete the order for any other reason.

TCF may use nonaffiliated third parties acting on our behalf to process bill payments. Paper checks processed by nonaffiliated third parties may show that they were drawn on banks other than TCF.

You may not use TCF's bill payment service to process payments for third parties.

Possible Delays

We do not guarantee that any payee will receive payment by a certain date. Most payments will be processed (and the withdrawal from your Account will take place) on or before the due date you specify. However, some transactions may take longer to be processed. In some cases, the withdrawal from your Account will take place one or two Business Days before the payment to your payee. This may occur, for example, when there is a Federal Reserve Bank holiday or a three-day holiday weekend. Also, some payees process payments without accompanying payment coupons at a different address.

 

Mobile Banking Bill Pay Service

You may use your mobile device to create, modify, or cancel bill payments using our Mobile Banking Bill Pay Service. However, you can only set up new payees through our Online Banking Bill Pay Service.

 

Contacting TCF

If you have questions or problems with the Services, you may contact TCF's Customer Service Department at the designated address or phone number shown below.

Call:

612-TCF-BANK (823-2265) (Twin Cities)
1-800-TCF-BANK (823-2265)

Or write:

TCF BANK
ATTN CUSTOMER SERVICE DEPARTMENT
801 MARQUETTE AVENUE
MINNEAPOLIS  MN 55402-3475

Hearing Impaired Account Holders

If you are hearing impaired and have a telecommunications device for the deaf (TDD), you may call us at 1- 612-339-3075 or 1-800-343-6145.

 

Changes to Payments

You may change the schedule for any payment or transfer using the Services. You must change the payment no later than 3:00 p.m. CT (Central Time) on the date the payment or transfer is scheduled to take place. If your Account number with a payee or any other payment information changes, you must make the change before 3:00 p.m. CT (Central Time) on the date the payment or transfer is scheduled to take place.

 

Use of Passwords

You agree that TCF may act on any instructions we receive under your password. You also agree that you are bound by those instructions, regardless of: (1) whether you have authorized the instructions; and (2) the number of signatures or authorization you require for withdrawals or transfers from your Account.

If you are a business, you agree that the password security described in this Agreement sets forth security procedures for electronic fund transfers that are commercially reasonable. For payment requests from business accounts that are subject to Article 4A of the Uniform Commercial Code ("UCC 4A"), TCF is liable only for damages required to be paid under that law. In no event (except as may be required by law) will TCF be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages.

 

Protecting Your Password and Account or Loan Information

You are responsible for safeguarding your Account or Loan information. You must also act responsibly when conducting transactions using the Services. You agree to use ordinary care in handling, safeguarding, and storing your online banking password and other account information. You should not give your password to anyone. This includes other companies or service providers. For security reasons, we recommend that you memorize your password and do not write it down. You should change your password frequently. Anyone who has your password may be able to access your Account and Loan information, and perform banking and payment transactions. You are responsible for entering information correctly. TCF is not responsible to you if you incorrectly enter information resulting in communications being sent to unauthorized persons.

You agree that you will call or write to TCF at the appropriate telephone number or address shown in the section called "Contacting TCF" if you believe that: (1) your password is lost, may no longer be secret, or has been compromised in any way; or (2) someone has transferred or may transfer funds from your Account without your permission. Contacting us by telephone is the best method of resolving your issue. You are not liable for further unauthorized use of your password after notifying us as provided in this section.

Except when the law or this Agreement provide otherwise, TCF is not liable to you for your errors or negligent use of the Services, and we will not be responsible for or cover losses due to:

Availability of Service

The Services are generally available 24 hours a day, seven days a week. However, the Services may not be available at certain times because of: (1) system maintenance; (2) downtime; (3) circumstances beyond our control; or (4) other reasons. We may temporarily change, suspend, or terminate your access to the Services at any time without notifying you in advance. You are responsible for the setup and maintenance of your own equipment.

 

Accounts with Multiple Owners

If your Account has more than one owner, any owner may enroll the Account for the Services. Your Account cannot require two or more signatures or other authorizations to make withdrawals, transfers, or bill payments. You agree that you will not change the documentation on your Account to require two or more signatures or authorizations. If your Loan has more than one borrower any borrower may access the Services.

 

Statements and Other Communications

Enrolling your Account or Loan for electronic delivery of Account statements allows you to receive your account statements and other Communications electronically rather than by mail. See the section called "E-Sign Consent Agreement and E-Sign Disclosures." Your account statements are admissible into evidence.

You agree by enrolling for Services that TCF may from time to time send you email communications, telephone you or send you SMS text messages for the purpose of: (1) servicing your Account or Loan; (2) collecting any amount you owe us; or (3) providing information about our relationship, products and services. An example of this includes marketing communications. We may email you, telephone you or send SMS text messages to you at any telephone number or email address you provided or that may be in our records. This includes any mobile or cellular telephone numbers you have provided us or that may be in our records. These telephone calls, emails or SMS text messages could result in charges to you by your Internet or wireless service provider. TCF may also telephone you using prerecorded or artificial voice messages, which may involve the use of an automatic dialing service.

Transactions appearing on your account statement or elsewhere on TCF's online banking site may not be shown in the order in which they were posted to your Account.

 

Alerts and Reminders

If you enroll in one of TCF's advanced online banking services, TCF may make available for your use the Alerts and Reminders.

The Alerts and Reminders allow you to request and receive messages about your Account. You may receive Alerts and Reminders through email messages and/or text enabled cell phones or pagers. The Alerts and Reminders may not be encrypted, and may include your name and information pertaining to your Account.

Although Alerts and Reminders are designed to give you timely notice of specific events, they cannot provide immediate notice. Errors, interruptions, delays or failures in our delivery or your receipt of Alerts and Reminders can happen for a variety of reasons. These reasons may include technical difficulties experienced by TCF, your Internet service provider, or others. If you choose to have your Alerts and Reminders delivered to an email-enabled wireless device or certain other devices, a portion of the Alerts and Reminders, or related information and disclaimers, may be omitted.

If you use or rely on the Alerts and Reminders, you do so at your own risk. TCF does not guaranty that the Alerts and Reminders will be: (1) timely; (2) accurate; (3) reliable; or (4) complete. We also do not guaranty that information contained in the Alerts and Reminders will not be intercepted by an unauthorized person.

 

Responsibility for Errors and Unauthorized Transfers; Stop Payments

Definitions

A TCF "Business Day," for purposes of this section called "Responsibility for Unauthorized Transfers," means every calendar day except Saturday, Sunday, and federal holidays, but includes Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, and Veterans Day.

How You Can Stop the Payment of Preauthorized Payments

If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here is how. Call or write us at the designated telephone number or address shown in the section called "Contacting TCF." Call or write us in time for us to receive your request three Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you a fee as shown in our separate Deposit Account Services and Prices Schedule for each stop payment order you give.

Errors You Have Found or Questions You Have About Your Account's Online Banking Transactions

This section called "Errors You Have Found or Questions You Have About Your Account's Online Banking Transactions" only applies to transactions covered by the federal Electronic Fund Transfer Act.

In case of errors or questions about your Account's online banking transactions, telephone us at (612) 661-6985 or 1-800-823-2265 or write us at:

TCF NATIONAL BANK
ATTN CUSTOMER SERVICE
801 MARQUETTE AVE
MINNEAPOLIS MN 55402-3475

You must call or write us as soon as you can if: (1) you think your statement of account activity is wrong; or (2) you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement in which the problem or error appeared (if state law gives you a longer time period to notify us, this longer period will apply).

  1. Tell TCF your name and account number;

  2. 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 more information; and

  3. Tell TCF the dollar amount and date of the suspected error.

If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.

TCF will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days for the amount that 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 TCF asks you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account.

For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your Account for the amount you think is in error.

TCF will tell you the results of its investigation within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Your Liability for Online Banking Transactions Made Without Your Permission

Your Liability Due to a Lost or Stolen Password

You must tell us AT ONCE if you believe your online banking password has been lost or stolen, or if you believe that an online banking transfer has been made without your permission. Calling us is the best way of keeping your possible losses down. You could lose all the money in your Account.

You should also consider contacting law enforcement to conduct a criminal investigation if you suspect theft from your Account.

If the transaction is governed by the federal Electronic Fund Transfer Act, the following limits on your liability apply:

If applicable state law gives you a greater protection against losses from the unauthorized use of your password, then the more favorable state law limits will apply.

Your Liability for an Unauthorized Transaction That Appears on Your Statement of Account

If the transaction is governed by the federal Electronic Fund Transfer Act, the following limits on TCF's liability apply:

If applicable state law gives you a greater protection against losses from the unauthorized transactions appearing on your account statement, then the more favorable state law limits will apply.

Exception to Liability Limits

The following online banking transfers are not considered unauthorized for the purposes of this section called "Your Liability for Online Banking Transactions Made Without Your Permission": (1) requested or made by a person with your actual authority to request or make the transfer or from which you received a benefit; (2) requested or made by a person to whom you furnished your password, unless you have notified TCF that transfers by that person are no longer authorized; (3) requested or made with fraudulent intent by you or any person acting in concert with you; or (4) made by TCF or its employees.

Transactions NOT Covered by the Federal Electronic Fund Transfer Act

For transactions NOT covered by the federal Electronic Fund Transfer Act:

TCF's Liability for Not Making an Online Banking Transaction or Not Stopping Payment of a Pre-Authorized Payment

If TCF does not complete an online banking transfer to or from your Account on time or in the correct amount according to your agreement with us, and the transaction is covered by the federal Electronic Fund Transfer Act, we will be liable for your proximately caused losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

TCF will not be liable to you for failure to make an online banking transfer if our actions or failure to act resulted from:

If you order us to stop payment of a regular payment out of your Account three Business Days or more before the transfer is scheduled and we do not do so, and the transaction is subject to the federal Electronic Fund Transfer Act, we may be liable for any directly caused losses or damages. See the section called “How You Can Stop the Payment of Preauthorized Payments.” If our failure to stop payment was not intentional and resulted from a bona fide error despite the fact that TCF maintained procedures reasonably adapted to avoid the error, TCF's liability will be limited to actual damages proved.

 

Protection of Your Privacy

In the ordinary course of business, TCF may share with Affiliates information about you or your Account or Loan. We may do so, for example:

If your Account or Loan is for consumer purposes, the TCF Privacy Policy provides that you may direct us to not share with Affiliates nonpublic information from your application or consumer reports without your permission. However, TCF always has the right to share with our Affiliates identification and contact information from your application and information about our experiences or transactions with you.

In the ordinary course of business, TCF may also share with third parties (parties who are not Affiliates), for specific reasons, information about you or your Account. We may do so, for example:

If your Account or Loan is for consumer purposes, the TCF Privacy Policy provides that you may direct us to not share non-public information we collect about you with third parties. However, TCF always has the right to share information with:

The circumstances under which TCF may share information with third parties about you or your Account or Loan are further described in the TCF Privacy Policy. See also TCF's Internet Security statement available on our Internet banking site for additional information.

 

Use of the Services for Illegal Purposes

You agree that you will not use the Services for any illegal purposes including but not limited to illegal Internet gambling. You will comply with all regulations, policies and procedures of networks through which you access and use the Services.

 

Termination of the Services

TCF has the right to end or temporarily stop any or all of the Services at any time and for any reason. TCF may do so without notifying you in advance. However, our intention is to notify you before or promptly after ending any Service. You may end any or all the Services by notifying TCF in writing at the appropriate address shown in the section called "Contacting TCF." Your written notice is effective when TCF receives it. You may cancel any regular transfers or bill payments by deleting them online.

If you cancel your bill payment service, your online account access service will continue and the applicable monthly access fee will be charged to your Account unless you have an account type that qualifies for a waiver of this fee.

 

Disclaimer of Warranties and Limits of Liability

In this section and the next section, the “TCF-Related Parties” means: (1) TCF; (2) TCF’s employees, officers and directors; (3) TCF’s Affiliates; (4) TCF’s agents, licensors, independent contractors and subcontractors; and (5) third party service providers that the TCF-Related Parties use.


The Services are provided to you “as-is.” The TCF-Related Parties therefore make no warranties of any kind for the Services. This includes both express warranties and implied warranties. Implied warranties include implied warranties of merchantability and fitness for a particular purpose. A “warranty” is a guaranty that the Services will meet certain standards.


The TCF-Related Parties do not warrant that the Services will be uninterrupted or error free, or that defects will be corrected. The TCF-Related Parties also do not warrant that TCF’s online banking site is free of viruses or other harmful components. The TCF-Related Parties also do not warrant the timeliness, accuracy, reliability or completeness of the Services or Communications.


The TCF-Related Parties will not be liable to you for any loss, claim, injury, or damage in connection with: (1) this Agreement; (2) your use of the Services or inability to use the Services; (3) any problems with the communications between you and TCF; (4) any unauthorized interception of the communications between you and TCF; or (5) any computer virus. This limitation on the TCF-Related Parties’ liability applies, even if any of them are aware of the possibility that any events described in (1) through (5) could occur.

In no event will any of the TCF-Related parties be liable to you for any: (1) incidental damages; (2) consequential damages; (3) special damages; (4) indirect damages; or (5) punitive damages. This limitation of liability applies, whether you base an action against the TCF-Related Parties on: (1) the contract; (2) a warranty; (3) a tort (such as claim of negligence, recklessness, or intentional act); or (4) any other theory. This limitation of liability applies even if any of the TCF-Related Parties know about the possibility of such damages.


Therefore, by way of example, the TCF-Related Parties will not be liable to you for lost data, lost profits or goodwill, investment losses, finance charges, lost opportunities, cost of obtaining substitute services, or other economic damages.


The laws of some states may prohibit the limitation of liability for consequential damages, or incidental damages, or other kinds of damages. In those states, to the extent their laws apply, the limitation of liability with respect to consequential damages, or incidental damages, (or other damages specified by law in such states) may not apply.


TCF does not have to honor, in whole or in part, any transaction that: (1) does not comply with the terms and conditions of this Agreement or your Account Contract; (2) we have reason to believe may not be authorized by you or any Authorized Person; (3) involves funds or other property subject to a hold, dispute, restriction or legal process; (4) we believe would violate any guidelines or advice of the Federal Reserve Board or the Office of the Comptroller of the Currency; (5) we believe would violate any applicable laws; (6) does not comply with any other requirement of our policies, procedures, or practices; or (7) we have other reasonable cause not to honor.

In no event will TCF be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control. This includes power outages, computer viruses, system failures, fire, flood, earthquakes, or extreme weather.

 

Indemnification

You agree to indemnify, defend, and hold the TCF-Related parties harmless from any and all third party claims arising from, or out of; (1) your use of the Services; (2) any fraud or breach by you of the terms of this Agreement; or (3) your failure to comply with any applicable laws or regulations. In this section, “claims” include claims, losses, injuries, damages, costs (including reasonable attorney fees), or other liabilities.

 

No Waiver

This Agreement gives us certain rights and requires us to do certain things. If we do not take advantage of all of our rights all the time, we do not give up (waive) any of those rights. No waiver of TCF's rights under this Agreement is enforceable against us unless it is in writing and signed by us.

 

Consent to Electronic Delivery of Disclosures and E-Sign Disclosures

By consenting to the terms of this Agreement, you agree that TCF may, at its option, provide Communications to you in electronic form or otherwise make them available to you in electronic form. TCF may do so by: (1) posting or making the Communication available in your banking secure mailbox (accessible at or through tcfbank.com.); or (2) posting the Communication on our online banking internet site; (3) sending the Communication to the email address you provide to TCF; or (4) sending you an email or short message services (“SMS”) text to the cellular telephone number you provide to TCF for your mobile phone or other wireless device. Your internet service provider or wireless service provider (such as your cellular telephone carrier) may charge you fees or other costs for sending or receiving Communications by email or SMS text message. You agree that you are responsible for all such fees and costs. Any Communications that we send you, or that you send us, may not be encrypted. The Communications may include your name and information pertaining to your Account.

In agreeing that TCF may provide Communications to you in electronic form or make them available to you in electronic form, you are also agreeing that TCF is not required to provide you with a paper version of the Communication unless you ask us for a paper copy, described below in the section called “How to Request Paper Copies.” You agree that a Communication is considered “given” to you and received by you on the date it is posted, made available, or sent to you as provided in this Agreement.

Applicability of this Consent. Your consent in this section called “Consent to Electronic Delivery of Disclosures and E-Sign Disclosures” applies to all: (1) Communications relating to the opening of your Account when you open your Account online; (2) your use of your Account or Loan (including any transactions on your Account or Loan and changes to your Account Contract or Loan Agreement) when you enroll for electronic statements; (3) your use of the Services; and (4) any other Communications relating to your Account or Loan that you ask to receive electronically or agree to receive electronically.
If you opt-in to TCF’s authorization and payment of overdrafts on ATM and everyday (one-time) debit card transactions, you agree that TCF may provide or otherwise make available to you in electronic form the notice entitled What You Need to Know About Overdrafts and Overdraft Fees and confirmation of your opt-in selection. 
Your Consent to Electronic Delivery of Communications. You agree that all Communications covered by this section called “Consent to Electronic Delivery of Disclosures and E-Sign Disclosures” will be provided to you or made available to you in electronic form. Your consent is effective until you withdraw it. After viewing a Communication, you will be able to download and/or print it for your records.
How to Withdraw Your Consent for Electronic Delivery. After you have indicated your consent that TCF may provide Communications to you in electronic form or make them available to you in electronic form, you have the right to withdraw your consent at any time without cost to you. However, if you have enrolled for electronic delivery of your periodic account statements and choose to no longer receive your periodic account statements electronically, the monthly access fees for TCF’s online banking and bill payment service  ($2.95 for TCF Business Preferred Online Banking, $4.95 for TCF Online Business Banking Plus, and $5.95 for TCF Business Preferred Online Banking Bill Payment Service) will no longer be waived unless you qualify for one of the other waivers for those services. If you withdraw your consent for electronic delivery, you cannot open an account online.  Withdrawal of your consent will have no legal effect on the effectiveness, validity, or enforceability of any Communications that were provided or made available to you in electronic form prior to the effective date of your withdrawal. If you wish to withdraw your consent, you must contact us.
How to Update Your Contact Information. By consenting to the terms of this Agreement, including this section you agree that one of the ways TCF may provide Communications to you is by email. In so doing, you agree that TCF may, but is not required to, send all email Communications to you at the most recent email address that you have provided to us and that we maintain in our records. You agree that you will notify us of any changes in your email address. You may notify us of any such changes by contacting us.
How to Request Paper Copies. You may request that TCF mail you a paper copy of any Communication provided or made available to you in electronic form, and TCF will provide the paper copy to you at no cost to you. To request a paper copy of any Communication, contact TCF.
How to Contact TCF. You may call one of the following two TCF customer service numbers or other numbers provided by TCF from time to time.
ACCOUNTS OPENED IN MINNESOTA:         612-823-2265 or 1-800-823-2265
ALL OTHER ACCOUNTS:                                 1-800-823-2265
Hardware and Software Requirements. In order to access and retain Communications provided or made available to you in electronic form, you must have the ability to operate one of the following two Internet browsers: Microsoft® Internet Explorer (version 6.0 or higher) or Netscape Navigator (version 6.2 or higher). You will also need Adobe® Acrobat® Reader (version 4.0 or higher). By consenting, you confirm that you have the ability to view Communications electronically and that the computer that you intend to use for the Services meets the hardware and software requirements described herein. You must confirm that you have the ability to view your account opening disclosures and periodic statements electronically, including, but not limited to, in Portable Document Format ("PDF").
Future Changes in Hardware or Software. If a change in hardware or software requirements is needed for you to access and retain Communications provided or made available to you in electronic form, TCF will notify you of the revised requirements for access or retention. At that time, you will have the right to withdraw your consent. If you withdraw your consent, TCF will no longer provide the Communications in electronic form or make them available in electronic form. See the section “How to Withdraw Your Consent for Electronic Delivery” for a description of the fees and consequences if you withdraw your consent.

 

Severability

This Agreement and the other terms of your Account Contract or Loan Agreement comprise the entire agreement between you and TCF concerning the Services and online access to your Account or Loan, and they replace all previous and contemporaneous agreements between you and TCF concerning the Services and online access to your Account or Loan. Each of the terms and conditions in this Agreement stand alone. Except where this Agreement states otherwise, any term or condition that is unenforceable or invalid does not affect the enforceability or validity of the other terms and conditions of this Agreement.

 

Captions and Headings

Captions, headings and subheadings used in this Agreement are only for reference purposes and are not intended to limit the meaning or scope of the terms and conditions of this Agreement.

 

Governing Law

TCF is a national bank with its main office in South Dakota. Therefore, all disputes relating in any way to this Agreement will be governed by federal law. Federal law includes the National Bank Act and regulations adopted by the Comptroller of the Currency. To the extent state law applies and is not preempted, the substantive and procedural law (but not the conflict of law rules) of the State of South Dakota will apply.

 

 

 

©2013 TCF® National Bank. Member FDIC. CFWEB6025 CBB. (REV 04/01/13)