Online Banking and Mobile Banking Agreement

This Online Banking & Mobile Banking Agreement (“Agreement”) governs your ability to view information regarding your Eligible Transaction Account(s) (“Transaction Account(s)”) with Open Bank and to conduct certain transactions on the Account(s), including external transfers, bill payments, and other payment services  using the Online and/or Mobile Banking (“Service”). In this Agreement, the words “we,” “us,” “our,” and “Bank” refers to Open Bank, “you,” “your,” and “client” refers to each person or business with an interest in accessing his, her, or their Account(s) using the Service (“Service” and “Services” are used interchangeably throughout this Agreement). By enrolling in and using the Service described in this Agreement, or by you authorizing others to use the Service to conduct transactions on your Account(s), you acknowledge that you read, understand, and agree to the terms of this Agreement and its associated fees.

This Agreement along with the additional documents that we provide to you are collectively referred to as the “Account Agreement” and contain the rules which govern your Account(s) and Services, including but not limited to the Account Disclosure, Deposit Account Agreement, Overdraft Disclosure, Electronic Fund Transfers Disclosure and Debit Card Agreement, Privacy Notice, Schedule of Fees, Terms of Service, and any other agreements, addendums, disclosures, or documents, as applicable, provided to you at any time, including at account opening or when Services are requested. Clients using Cash Management Services are governed by a separate agreement.

Carefully review and retain all of the documents contained within the Account Agreement so that you know and understand your rights, responsibilities, and liabilities, and your account terms, conditions, features, limitations, and fees. You are responsible for ensuring that all authorized account owners and signers are familiar with this Agreement. The terms and conditions within this Agreement apply to consumer accounts and business accounts unless otherwise stipulated herein. This Agreement is revised periodically, so it may include changes from earlier versions. By providing a written or electronic signature on your account Signature Card or other agreement or contract, opening or continuing to hold the Account(s) with us, you agree to the most current version of this Agreement, which is available to you at any of our branch offices or by contacting us, see the Contact Information Section below.

 

ONLINE AND MOBILE BANKING GENERAL TERMS AND CONDITIONS OF SERVICE

1. Account Requirements. To enroll in Services, you must have at least one (1) Account with us. You may access other checking accounts, savings accounts, money market accounts, certificates of deposit, and loan accounts you have with us, if allowed.
2. Waiver of Requirement For Two (2) Signatures. You recognize that any requirement for verifying two (2) signatures on checks, if such a requirement exists, does not apply to the Service, including electronic or telephone transfers, and releases the Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your account, even though that person’s authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one (1) or more other persons.
3. Access. You must have access to Internet service to use the Services. Your browser must have encryption capabilities at a minimum 256-bit level. You need a modem with a minimum speed of 28.8 kilobits per second (Kbps). You are responsible for the set-up, compatibility, and maintenance of your computer and modem and agree that we are not responsible for such set-up, compatibility, or maintenance.
4. Availability of Service. The Services will be accessible 24 hours a day, seven (7) days a week. The Services may be inaccessible for a reasonable period of time for system maintenance. The Services may also be unavailable due to Internet access interruptions, equipment problems or other disruptions to service. We shall not be liable under this Agreement for failure to provide access for any reason. Your access to the Services shall be determined in the sole discretion of the Bank. Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of previously incurred fees, if any.
5. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using a Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
6. User ID and Password. Each authorized user of Service has a User ID and a Password (“credentials”). We may, at the Bank’s discretion, change the parameters for the password used to access Service without prior notice to you, and if we do so, you will be required to change the password the next time you access Service. You agree to 1) Keep your password(s) secure and strictly confidential; 2) Instruct each person to whom you give your password(s) that he or she is not to disclose it to any unauthorized person; 3) Immediately notify us and select a new password(s) if you believe your password may have become known to an unauthorized person(s). Any person having access to any of your Passwords will be able to access the Service and perform transactions, including reviewing account information and making transfers to other accounts and, if enrolled in Bill Pay, to third parties. We recommend, and reserve the right to require, that you change your Password(s) from time to time for security reasons. Neither Open Bank nor any of its service providers will ever ask you for your password and you should never give it to anyone. You agree that the Password(s) constitute a “commercially reasonable” security procedure for the verification of the authenticity and accuracy of transactions initiated through the Services. You authorize us and our service provider to rely and act upon any transaction or inquiry initiated through the Services using the Password(s) and agree to be responsible for any such transaction or inquiry that is processed in good faith. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided above in Section 35 of the Online and Mobile Banking General Terms and Conditions of Service (Contact Information). See also Section 21 below of the Online and Mobile Banking General Terms of Service (Error Resolution) regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
7. Out of Band Authentication (“OOBA”). OOBA is a service for identity verification that is utilized by Open Bank to add a high level of security protection that works across online and mobile banking. OOBA delivers real-time protection against rapidly evolving threats, offering high levels of security protection while maintaining a seamless user experience. OOBA will send you a 5-digit or 6-digit one-time passcode (OTP) through a delivery channel of your choice: a) a mobile device, by text message or b) a phone, by phone call. You agree to receive the OTP through either of these channels and to provide us with a valid phone number. If your phone number changes, you are responsible of informing us of that change. Please be advised that text or data charges or rates may be imposed by your service provider. Our participating carriers include (but are not limited to) AT&T, T-Mobile^®, U.S. Cellular^®, and Verizon Wireless. We may, at the Bank’s discretion, change the parameters for the OTP or delivery channels without prior notice to you. You further acknowledge and agree:
   • Your wireless carrier’s standard messaging rates apply to SMS correspondence. Open Bank does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier.
   • You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
   • We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
   • We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
   • Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
   • The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
   • We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
   • If you have any questions, you may contact customer service at the phone number provided in Section 35 (Contact Information) of this terms and conditions section. You can also text the word HELP to 32858 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 32858. We do not charge for help or info messages; however, your normal carrier rates apply.
8. Business Days. Our “Business Days” are Monday through Friday, excluding federal holidays.
9. Account Information. The Account balance shown will be current as of the most recent update. The Account balance may reflect deposits still subject to collection or verification by us (and subject to being reversed) and may not reflect deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
10. Fees. You agree to pay fees and charges assessed by the Bank for use of the Services as established from time to time according to the Bank’s current fee schedule. See our current Schedule of Fees that is available at any branch. You authorize the Bank to debit your Checking or Savings Account each month to obtain payment of applicable fees. You agree that such fees will be fully earned and non-refundable at the time payment is obtained. If sufficient funds are not available in your account to pay all such fees, you agree to immediately deposit funds to cover such fees or otherwise reimburse the Bank upon request.
    The monthly fees for BillPay service are in addition to the service fees for insufficient funds and stop payments described above and to other Bank fees and charges that apply to your Account(s). Please see our Schedule of Fees and Account Disclosure for more fee and charge information. Third parties, such as BillPay and Internet service providers, and Payees may impose other charges for which you are solely responsible.
    Further, we may amend any applicable fees and charges for the Service at any time. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated. Where prior notice of a change in terms is required by applicable law, the Bank will send the notice to you in the required number of days in advance of the effective date of the change.
11. Authorized Use of Service. You are responsible for keeping your password and Account data confidential. We and our service providers are entitled to act on instructions received using your Passwords, and you agree that the use of your password will have the same effect as your signature authorizing the transaction or request for information. If you authorize other persons, including, without limitation, Designated Users for business accounts, to use any of your passwords for any purpose or in any manner, your authorization shall be considered unlimited in scope, amount, and manner and (to the extent permitted by applicable law) shall extend to such persons’ designees, until you have notified the Bank in writing that you have revoked the authorization and changed your password. You are responsible for any transactions made by such persons or their designees until you notify the Bank that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your password.
12. Service and Account Access Termination, Cancellation, or Suspension. Services will remain in effect until terminated by you or the Bank. Termination will apply only to Services and does not terminate your other relationships with us. We reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your User ID or Password as an indication of an attempted security breach. Neither termination, cancellation nor suspension shall affect your liability or obligation under this agreement Termination will not affect your liability or obligations under this Agreement.
    • By You. You may terminate your use of Services at any time by contacting the Bank. Your notice must be received at least ten (10) days prior to the date on which you wish to have services terminated. You may be required to put your request in writing. If you have scheduled transactions with a Processing Date within this ten-day period, you also must separately cancel those transactions. If you have not otherwise canceled these transactions, you will be responsible for these transactions with a Processing Date during the ten (10) days following receipt of your written notice of termination. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. Your notice of termination will be confirmed by mail or email. You may terminate your use of Online and/or Mobile Banking service at any time by contacting us at the address set forth below in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information).
    • By Bank. You agree that we reserve the right to terminate, cancel or suspend your use of Services, in whole or in part, at any time without prior notice. We will try to notify you in advance, but we are not obligated to do so. If your Services is not used for one (1) year, your access may be terminated due to inactivity. If your Services are not used for three (3) consecutive months, we reserve the right to cancel your Services.
13. Amendments. You agree to be bound by any amendments or modifications to this Agreement after notice has been sent to you at your last known address contained in our records, or upon our posting of such notice in the lobby of our branch offices or on our website. Where prior notice of a change in terms is required by applicable law, the Bank will send the notice to you in the required number of days in advance of the effective date of the change. If you do not agree to the change or amendment, you must notify the Bank prior to the effective date of the change or amendment and cancel your access to the Services.
    Failure to cancel the Services by the effective date or use of the Services after the effective date shall conclusively constitute your acceptance of the change.
    Further we may from time to time, revise, update, or enhance the Service and/or related applications or materials, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions for the Service, and/or related applications and materials, and limit access to only the Service’s more recent revisions, updates, upgrades, or enhancements
14. Person-to-Person (P2P) Payments. You can send, request, or receive money with Zelle® once you are enrolled for P2P Payments. Zelle® is a fast and easy way to send and receive money to and from friends, family, and others that you trust using your bank account information, email address or U.S. mobile phone number. In order to subscribe to Open Bank’s P2P Payments, you must have previously enrolled as a Service user and separately enrolled for the P2P Payment service. You must have a Transaction Account to use the P2P Payment service. The Terms of Service that you obtain through Zelle®, during your enrollment, sets the terms and conditions that apply to your use of the P2P Payment service. Where there is any inconsistency between this Agreement and the Terms of Service obtained through Zelle®, the Terms of Service obtained through Zelle® will prevail. We assume no obligation, and make no representation or warranty, in connection with such Service or the parties that offer them.
15. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy at https://myopenbank.com/privacy-policy/ in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
16. Disclosure of Account Information. We will disclose information about your Accounts or the transfers you make:
    • If we have entered into an agreement with another party to provide any Service. In this case, we will provide that party with information about your Account, your transfers, and your communications with the Bank in order to carry out your instructions.
    • If it is necessary for completing transfers or otherwise carrying out your instructions.
    • In order to verify the existence and conditions of an Account for a third party, such as a credit bureau, or any holder of a check issued by you or on your behalf.
    • In order 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 such information.
    • If you otherwise give the Bank your permission; or
    • As otherwise explained in our Privacy Policy and Notice provided to you pursuant to the Gramm-Leach-Bliley Act of 1999.
17. Periodic Statements. All your fund transfers made through the Services will appear on the periodic statement for each Account, as applicable. You agree that the Bank will not furnish you with any other notice of fund transfers you initiate.
18. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures, and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described above in Section 35 of the Online and Mobile Banking General Terms and Conditions of Service (Contact Information). We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
19. Text Messages, Calls, and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
20. Electronic Communications. You agree that the Bank may send all notices, disclosures, addendums, amendments and other communications regarding this Agreement or the Services to you by electronic mail. You further agree that procedures and requirements of the Services may be incorporated as part of our website and communicated to you through the Services. To the extent permitted by Applicable Law (as defined below), you agree that each communication will be binding and enforceable to the same extent as if it were delivered to you in writing by mail or in person.
21. Error Resolution. In case of errors or questions about your electronic transfers, call us at the number or write us at the address described below as soon as possible, if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
    • Tell us your name and account number.
    • Describe the error or the 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.
    • Tell us the dollar amount of the suspected error.In addition, it would be helpful if you provide us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.Tell us AT ONCE if you believe any of your accounts have been accessed, your Password(s) has been lost or stolen, or electronic transactions have been processed without your permission. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus available credit on your overdraft line. You should notify us immediately if you believe any of your password(s) have been lost or stolen or that someone has transferred or may transfer money from your account without your permission. You can contact us at the telephone, address, or email below.
22. Our Responsibilities. We are responsible for completing funds transfers from your eligible account(s) according to your properly entered and transmitted instructions. However, we are not responsible for confirming such information, monitoring, or refusing to process duplicate payment instructions. You are responsible for any damages such as late fees that you may incur as a result of a payment. We are not liable if:
    • • Through no fault of our own, you do not have sufficient funds in your Account to make the transfer, credit card payment or bill payment;
      • The transfer, credit card payment or bill payment causes your account balance to exceed any credit arrangement you have with us;
      • Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, interruption of telephone or Internet service or telecommunication facilities, or natural disaster) prevent or delay the transfer, despite reasonable precautions taken by us;
      • The funds in your Account were subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
      • Your account is closed, inactivated, frozen, or blocked;
      • You have not properly followed the instructions for using the Services or any software;
      • You, or anyone you allow to use the Services, commit fraud or violate any law or regulation;
      • You have not provided us with correct instructions, including without limitation the name, address, account number, and payment amount;
      • Your operating system or software was not properly installed or functioning properly;
      • You are unable to access your Account or the Services due to Internet facility or service provider delays or other problems; or
      • Any electronic terminal, telecommunications device, or any part of the system or any software was not working properly, and you knew about the breakdown when you started the transfer.
      • Any other exceptions stated in the Deposit Account Agreement.
23. Governing Law – Compliance. This Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of California, without regard to that state’s rules regarding conflict of laws (collectively, “Applicable Law”). You agree that you will use the Services only in accordance with applicable law.
24. Ownership of Website. The content, including, without limitation, all information, text, graphics, and design, of our website is the property of and copyrighted by Open Bank, and any unauthorized use, reproduction, linking or distribution of any part of the website is strictly prohibited.
25. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
    • Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
    • Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
26. Privacy and User Information. You acknowledge that in connection with your use of the Services, Bank and its affiliates and service providers, including Fidelity Information Services (FIS) 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 its affiliates 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, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and 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.
27. Restrictions On Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Bank or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fidelity Information Services (FIS) or any third party.
    You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
29. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.
30. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
31. Warranties and Limitation of Liability. We make no warranties of any kind, expressed or implied, including any implied warranties of fitness for a particular purpose or merchantability or non-infringement of third-party rights, in connection with the Services. We cannot and therefore do not warrant that the Services will operate without errors, or that any or all of the Services will be operational and available at all times. You agree that the Bank is not responsible for any error, damage, or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including, without limitation, any web browser, any Internet service provider, or any equipment you may use, including, without limitation, telecommunications facilities, computer hardware and modem. You agree, to the extent allowed by law and except as provided elsewhere in this Agreement, that our officers, directors, employees, agents, or contractors shall not be liable for any indirect, incidental, special or consequential damages as a result of use of any services or products provided under this Agreement or by reason of your use of or accessing the Services, including loss of profits, revenue, data or use by you or any third party, whether in any action at law based on contract, tort or warranty. In no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the Services.
32. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
33. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
34. Entire Agreement – No Waiver. This Agreement is the complete and exclusive agreement between you and the Bank related to the Services and supplements any other agreement or disclosure related to your Accounts, and there are no other understandings or agreements relative hereto which are not fully expressed herein. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts, or any statement by our employees or agents, or any service provider, this Agreement shall control with respect to the Services. No delay or omission by Bank in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. No waiver shall be valid unless in writing signed by the Bank. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer service personnel), the terms of the Agreement will prevail.
35. CONTACT INFORMATION.
    For Services:
    Open Bank
    1000 Wilshire Blvd., Suite 500
    Los Angeles, CA 90017
    Phone Number: 213-892-9999
    Email: support@myopenbank.com

    FOR ERROR RESOLUTION:
    Open Bank
    Attn: Operations Administration
    550 S. Western Ave.
    Los Angeles, CA 90020
    Phone Number: 213-593-4895
    Email: support@myopenbank.com

    NOTE: email to any other email address shall not be considered notice to us.

36. Definitions.

• • “Affiliates” are companies related by common ownership or control.
  • “Eligible Transaction Account”, hereinafter referred to as “Transaction Account”, is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, a Transaction Account may include a checking, savings, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
  • “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

 ALERTS TERMS AND CONDITIONS OF SERVICE

1. Alerts. Your enrollment in Open Bank Service includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Open Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. 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. Open Bank reserves the right to terminate its alerts service at any time without prior notice to you.
2. Mandatory Alerts. We may require some alerts to be mandatory and you will not be able to manage these alerts. Mandatory alerts are automatically delivered to you, and for your protection, cannot be removed from your Service profile. Mandatory alerts provide you with important account notifications, such as information about changes to your Service password, PIN, or contact information.
3. Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) an email account, by an email message; or (c) your Open Bank Service message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (b) above supports the email and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint 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.
4. Alerts By Text Message. To stop alerts by text message, text “STOP” to 32858 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just go to the Alerts section in Open Bank Online Banking. For help with SMS text alerts, text “HELP” to 32858. In case of questions please contact customer service at 213-892-9999. Our participating carriers include (but are not limited to) AT&T, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.
5. Limitations. Open 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 Open Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Open 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.
6. Alert Information. As alerts delivered via SMS and email 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.

EXTERNAL TRANSFER, BILL PAYMENT, AND ZELLE® GENERAL TERMS AND CONDITIONS OF SERVICE

1. Introduction. Unless otherwise specified in the additional terms of service sections below, this section outlines the general terms and conditions applicable to External Transfer Service (“External Transfer”), Bill Payment Service (“BillPay”), and Zelle® Service (“Zelle®”), collectively referred to as “Account Transfer” or “Account Transfers”, and may be used interchangeably. Collectively, this section will further be referred to as Account Transfer Terms.
2. Service Providers. We are offering you Account Transfer through one or more Service Providers that we have engaged to render some or all of Account Transfers to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account Transfers to you, we are the sole party liable to you for any payments or transfers conducted using Account Transfer and we are solely responsible to you and any third party to the extent any liability attaches in connection with Account Transfer. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in Section 36 of the Online and Mobile Banking General Terms and Conditions (Definitions). Other defined terms are present at the end of each set of Additional Terms and Conditions as applicable.
3. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
4. Notices to Us Regarding The Service. Except as otherwise stated below, notice to us concerning Account Transfers must be sent by postal mail or email to us as described above in Section 35 of the Online and Mobile Banking General Terms and Conditions of Service (Contact Information). We may also be reached at 213-892-9999 for questions and other purposes concerning Account Transfers. We will act on your telephone calls as described in above Section 21 of the Online and Mobile Banking General Terms and Conditions of Service (Error Resolution), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
5. Fund Transfers – Authorization. You may transfer funds between your checking, savings, or money market deposit accounts in any amount. When you request a funds transfer using Service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account. The “Processing Date” is the date that the funds transfer is actually made and is normally the day you request such transfer. However, if our data processing system is not functioning or accessible for whatever reason, your funds transfer may not be completed until the next day. We deduct the amount of your funds transfer from the designated originating Account on the Processing Date. We may refuse to act on your funds transfer instruction if there are insufficient funds, including funds available under any overdraft or line of credit plan that are not available in your Account on the Processing Date. Funds transferred to the designated recipient Account will be deemed deposited on the Processing Date and will be available thereafter in accordance with our funds transfer availability policy.
6. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
7. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
8. Prohibited Payments. The following types of payments are prohibited through Account Transfers, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
   • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
   • Payments that violate any law, statute, ordinance or regulation;
   • Payments that violate the Acceptable Use terms in Section 9 of this Account Transfer Terms below;
   • Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
   • Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
   • Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
   • Tax payments and court ordered payments.Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described above in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information) of any violations of the General Terms or the Agreement generally.

9. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described above in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information) of any violations of the General Terms or the Agreement generally.
10. Service Fees and Additional Charges.You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 14 of the Account Transfer Terms (Failed or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this section, and there are insufficient funds in the Billing Account.
11. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through External Transfers. Your limits may be adjusted from time-to-time in our sole discretion. For certain External Transfers, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through External Transfers, and in the event that your Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit or draft check drawn against your account.
12. Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer service for the Service in the manner set forth above in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information). You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly Bank statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
13. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
14. Failed or Returned Payment Instructions. In using Account Transfers, you are requesting that we or our Service Provider attempt to make payments for you from your Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
    • You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Transaction Account to allow the debit processing to be completed;
    • You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Transaction Account, including by ACH debit;
    • Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
15. Address or Banking Changes. It is your sole responsibility, and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer service for the Service as set forth above in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information). We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Transaction Account, Payment Instructions or contact information.
16. Errors, Questions, and Complaints. In case of errors or questions about your transactions, you should, as soon as possible, contact us as set forth above in Section 35 of the Online and Mobile Banking General Terms of Service (Contact Information).
17. Intellectual Property. All other marks and logos related to the Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
18. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.
19. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 19 of the Account Transfer Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
20. Disputes. In the event of a dispute regarding Account Transfers, you and we agree to resolve the dispute by looking to this Agreement.
21. Definitions.
    • “Account” means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
    • “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
    • “Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
    • “Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
    • “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
    • “Transfer Instruction” is a specific Payment Instruction, as defined in this section, that you provide to the Service for a transfer of funds.

 

BILL PAYMENT ADDITIONAL TERMS OF SERVICE

1.  Description of Service. The term “BillPay Terms” means these Bill Payment Additional Terms of Service. The term “Service” means the bill payment service for purposes of these BillPay Terms, and the General Terms as they apply to these BillPay Terms, enables you to receive, view, and pay bills from the Site.
2. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Transaction Account may be debited earlier than the Scheduled Payment Date.
3. Service Guarantee. Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with Section 2 of the BillPay Terms (Payment Scheduling).
4. Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
   When the Service receives a Payment Instruction, you authorize the Service to debit your Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
   The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 of the BillPay Terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. • If, through no fault of the Service, your Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
   • The payment processing center is not working properly, and you know or have been advised by the Service about the malfunction before you execute the transaction;
   • You have not provided the Service with the correct Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
   • Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Transaction Account or causes funds from your Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

1. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
2. Stop Payment Requests. The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Service in the manner set forth above in Section 35 of the Online and Mobile Banking General Terms and Conditions of Service (Contact Information). Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
3. Exception Payment Requests. Exception Payments may be scheduled through the Service; however, Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee, as described in Section 3 of the BillPay Terms, does not apply to Exception Payments.
4. Bill Delivery and Presentment. The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:
   • Presentation of electronic bills –You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
   • Paper Copies of electronic bills –If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
   • Sharing Information with Billers –You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
   • Information held by the Biller.We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.
   • We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
   • Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your User ID and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
   • We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
   • Cancellation of electronic bill notification.The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
   • Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
   • Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
5. Disclosure of Account Information to Third Parties.It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy in addition to the circumstances set forth in Section 16 of the Online and Mobile Banking General Terms and Conditions (Disclosure of Account Information):
6. • Where it is necessary for completing transactions;
   • Where it is necessary for activating additional services;
   • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
   • To a consumer reporting agency for research purposes only;
   • In order to comply with a governmental agency or court orders; or,
   • If you give us your written permission.
7. Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you.
8. Returned Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Transaction Account. You may receive notification from the Service.
9. Information Authorization. In addition to Section 25 of the Online Banking and Mobile Banking General Terms and Conditions (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your Bank (for example, to resolve payment posting problems or for verification).
10. Bill Capture. The following Bill Capture terms and conditions in this Section 13 (Bill Capture) only apply to Bill Capture (as defined below). If Bill Capture is not available to you within our mobile banking application, then this Section 13 (Bill Capture) does not apply.

Bill Capture. Your use of our mobile banking application may include the ability to add bill payment payees by utilizing your mobile phone to take pictures of your paper bills (“Bill Capture”). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into our mobile banking app for use with the Service or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms:

• • You shall use Bill Capture only for your own use in accordance with the terms of this Agreement;
  • We do not guarantee that your mobile device will be compatible with Bill Capture; and
  • You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will we be liable for any results from your use of extracted data from Bill Capture with the Services, including, without limitation, any late fees for payments sent to an improper Biller or improper account.

1. Bill Discovery.The following Bill Discovery terms and conditions in this Section 14 (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Site, then this Section 14 (Bill Discovery) does not apply.

Bill Discovery. The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Site, you authorize the Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 8 (Bill Delivery and Presentment) of the BillPay Terms.

15. Payment Methods.In addition to the payment methods set forth in Section 11 (Payment Methods and Amounts) in the Account Transfer Terms, certain Service payments may be processed using a prepaid, single-use virtual card. Single-use cards provide a fast and secure way for your payment to be delivered. Please note in the event your payment is processed using a virtual card, you will not recognize the payment method and/or card numbers on any payment confirmation communication you may receive from your Biller.
16. Definitions.
    • “Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
    • “Billing Account” is the checking account from which all Service fees will be automatically debited.
    • “Due Date” is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
    • “Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
    • “Payment Instruction” is as defined in Section 21 of the Account Transfer Terms and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
    • “Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.
    • “Scheduled Payment Date” is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

EXTERNAL TRANSFER ADDITIONAL TERMS OF SERVICE

1. Description of Service, Authorization and Processing.
   • The External Transfer service enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
   • You represent and warrant that you are either the sole owner or a joint owner of the Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Transaction Account and the External Account. If you are a joint owner of the Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
   • You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 10 of the Account Transfer Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 10 of the Account Transfer Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
   • We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
     1. If, through no fault of ours, the Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
     2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
     3. The transfer is refused as described in Section 6 of the External Transfer Terms (Refused Transfers) below;
     4. You have not provided us with the correct information, including but not limited to the correct Transaction Account or External Account information; and/or,
     5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
   • It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
2. Transfer Methods and Amounts. Section 11 of the Account Transfer Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed, and we are attempting to return funds to such Account.
3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).
4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer service for the Service pursuant to above Section 35 of the Online and Mobile Banking General Terms and Conditions of Service (Contact Information). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 14 of the Account Transfer Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this section, and there are insufficient fees in the External Account. Section 14 of the Account Transfer Terms should also be interpreted as applying to the External Account, not just the Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
7. Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.
8. Definitions.
   • “External Account” is your account at another financial institution (i) to which you are transferring funds from your Transaction Account; or (ii) from which you are transferring funds to your Transaction Account.

 

ZELLE^® AND OTHER PAYMENT SERVICES ADDITIONAL TERMS OF SERVICES

1. Description of Services.
   • We have partnered with the ZelleNetwork^® (“Zelle^®“) to enable a convenient way to transfer money between you and other Users using aliases, such as email addresses or mobile phone numbers (“Zelle^® Payment Service,” as further described below). Zelle^® provides no deposit account or other financial services. Zelle^® neither transfers nor moves money. You may not establish a financial account with Zelle^® of any kind. All money will be transmitted by a Network Financial Institution. THE ZELLE^® PAYMENT SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE^® PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term “Zelle^® and Other Payment Terms” means these Zelle^® and Other Payment Services Additional Terms.
   • In addition to the Zelle^®Payment Service, we provide other payment services under these Terms of Service. First, these additional services allow you to send money to people if you provide the Eligible Transaction Account information and other contact information for the Receiver; such transactions are not sent via Zelle^®. Second, outside Zelle^®, we allow you to establish a one-time payment for a payment recipient for which processing shall be initiated at a later specified date up to one (1) year. Third, outside Zelle^®, we enable you to establish a recurring series of payments to a payment recipient for which processing shall be initiated on dates you specify. These three payment services and any other payment services that we provide under these Zelle^® and Other Payment Terms are referred to as “Other Payment Services” in these Zelle^® and Other Payment Terms. Although future-dated payments and recurring payments are outside Zelle^®, we may ultimately send those transactions via Zelle^® when the applicable date of payment arrives, in which case the applicable payment transaction is part of the Zelle^® Payment Service, not the Other Payment Services. The term “Zelle^® and Other Payment Services” means the Zelle^® Payment Service and the Other Payment Services.
   • The Zelle^®and Other Payment Services enable you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through other locations besides our Site, such as the Zelle^® mobile handset application (“Zelle^® Standalone Locations”) and if you choose to initiate or receive a payment at a Zelle^® Standalone Location you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the “terms of use” for the Zelle^® Standalone Locations and applicable laws and regulations, in each case as in effect from time to time. Subject to the terms of this Agreement, the Zelle^® and Other Payment Services are generally available 24 hours, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle^®‘s control. Live customer service generally will be available Monday through Friday, excluding US financial institution holidays.
   • The Zelle^®Payment Service allows for the delivery of payments to Receivers who are also enrolled in the Zelle^® Payment Service through a Payment Network designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. The Zelle^® and Other Payment Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle^® and Other Payments unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.
2. Payment Authorization and Payment Remittance.
   • Section 12 of the Account Transfer Terms (Liability for Unauthorized Transactions) does not apply to the Zelle^®Payment Service. When you enroll to use the Zelle^® Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle^® Payment 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. In addition to the restrictions set forth in Section 27 of the Online and Mobile Banking General Terms and Conditions (Restrictions on Use), you agree that you will not use the Zelle^® and Other Payment Services 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 Zelle^® and Other Payment Services to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Zelle^® Payment Service or share your credentials with a third party to use the Zelle^® Payment Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
   • This Section 2(b) does not apply to the Zelle^®Small Business Service (to the extent made available by us). The Zelle^® and Other Payment Services are intended for personal, not business or commercial use. You agree that you will not use the Zelle^® and Other Payment Services 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 Zelle^® and Other Payment Services with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle^® Payment Service if we believe that you are using the Zelle^® Payment Service for business or commercial purposes, or for any unlawful purpose.
   • 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 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 Protocol. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and (ii) 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 Payments.” If at any time while you are enrolled, you do not send or receive money using the Zelle^®Payment Service for a period of 18 consecutive months, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Zelle^® Payment Service until you enroll again. Once enrolled, a Z logo will appear on your profile picture 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 with Zelle^®.
   • When you enroll with Zelle^®, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once you have enrolled an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. By providing us with names and mobile telephone numbers and/or email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle^®Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
   • When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including, but not limited to, those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
   • You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
   • We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
     1. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
     2. The Zelle^®and Other Payment Services are not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
     3. The payment is refused as described in Section 6 of the Zelle^®and Other Payment Terms below;
     4. You have not provided us with the correct information, including, but not limited to, the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
     5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
   • It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Zelle^®and Other Payment Services (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
3. Sending Payments.
   • 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 the Zelle^®and Other Payment Services 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 or another Network Financial Institution 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. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment if the Receiver has not enrolled in Zelle^®. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver not enrolling in Zelle^®. For the Zelle^® Payment Service, you may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle^® Payment Service. As to the Zelle^® Payment Service, if the person you sent money to has already enrolled with Zelle^®, either in the Zelle^® Standalone Locations or with a Network Financial Institution, then the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. Cancellation is addressed more generally in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. You may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately via Zelle^®. Via the Other Payment Services, you may also initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (b) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.
   • Payment Instructions initiated to Receivers require you to provide contact information about the Receiver (including an email address and/or mobile telephone number). If the Receiver does not bank at a Network Financial Institution and has not yet enrolled in Zelle^®, then the Zelle^®Payment Service will contact the Receiver and request that the Receiver (i) provide information so that the identity of the Receiver may be validated at a Zelle^® Standalone Location and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with a Network Financial Institution and has not yet enrolled in Zelle^®, then the Zelle^® Payment Service will contact the Receiver regarding enrollment in Zelle^® and receipt of payment. If the Receiver has already enrolled in Zelle^®, then the Receiver will receive a message regarding your payment.
   • Via the Other Payment Services, we also support the sending of money to Receivers if you provide the Eligible Transaction Account information for the Receiver and other contact information for the Receiver; such transactions are not sent via Zelle^®. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 21 of the Online and Mobile Banking General Terms of Service (Error Resolution).
   • In most cases, when you are sending money to another User using the Zelle^®Payment Service, 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^® and the other Network Financial Institutions, 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^®, either via a Zelle^® Standalone Location or a Network Financial Institution, 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 delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification). We have no control over the actions of other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User.
   • For the Other Payment Services and those Zelle^®Payment Service payments where the Site indicates payment will require more than a Business Day, you understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than the next Business Day after you initiated the Payment Instruction. As part of the Other Payment Services, if you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle^®. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
   • As to Recipients who have not yet enrolled with Zelle^®, you acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.
4. Receiving Payments.
   • All transfers of money to you shall be performed by a Network Financial Institution per the direction of that Network Financial Institution customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Financial Institution and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle^®tag enrolled with the Zelle^® Payment Service, you have no ability to stop the transfer. Other Payment Service payments may be cancelled by the Sender as set forth in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. By using the Zelle^® Payment Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled. If another person wants to initiate a Payment Instruction (including in response to a Zelle^® Payment Request, if applicable) using the Zelle^® Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Zelle^® Payment Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Zelle^® Payment Service or at a Zelle^® Standalone Location. 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.
   • For the Zelle^®Payment Service, 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^® and the other Network Financial Institutions, we may need or Zelle^® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we 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). You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the payment. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle^® Payment Requests, from others through the Zelle^® Payment Service.
   • You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender’s account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
5. Requestions Payments. You may request money from another User through a Zelle^®Payment Request. 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 Zelle^® 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 sole discretion, that we will not send a reminder or repeat request to that User.
   In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle^® Payment 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 Zelle^® Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle^® Payment Requests from other Users, and to only send Zelle^® Payment Requests for legitimate and lawful purposes. Zelle^® Payment Requests are solely between the Requestor 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 Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle^® Payment Requests in general, or to specific recipients, if we deem such Zelle^® Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
   If applicable, if you as a Requestor initiate a Zelle^® Payment Request using the Zelle^® Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle^® Payment Request is sent. Further details about the foregoing can be found on the Site.
   You acknowledge and agree that individuals to whom you send a Zelle^® Payment Request may not receive, or otherwise may reject or ignore, your Zelle^® Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle^® Payment Request.
   Zelle^® Small Business Service Users may not send Zelle^® Payment Requests to Users enrolled with Zelle^® through Zelle^® Standalone Locations.
6. Payment Cancellations, Stop Payment Requests and Refused Payments. This Section only applies to the Other Payment Services and those Zelle^®Payment Services transactions that can be cancelled in the limited circumstances set forth in Section 3(a) (Sending Payments) above. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current fee schedule. Payments not claimed by a Receiver who has not enrolled in Zelle^® will be automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
7. Consent to Emails and Automated Text Messages.Section 19 (Text Messages, Calls and/or Emails to You) of the Online and Mobile Banking General Terms and Conditions does not apply to Zelle^®Payment Services. By participating as a User, you represent that you are the owner of the email address, 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, mobile phone number, Zelle^® tag and/or other alias to send or receive money as described in these Zelle^® and Other Payment Terms. 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 Zelle^® and Other Payment 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:
   • 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 service. Please check your mobile service agreement for details or applicable fees, as message and data rates may apply.
   • You will immediately notify us if any email address or mobile number you have enrolled is (i) surrendered by you, or (ii) changed by you.
   • 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.
   • 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 behalf.
   • To cancel text messaging from us, send STOP to 32858. For help or information regarding text messaging, send HELP to 32858 or contact our customer service at 213-892-9999. You expressly consent to receipt of a text message to confirm your “STOP” request.
   • Supported Carriers: AT&T, T-Mobile, Verizon and others.
   • Your phone service provider is not the provider of the Zelle^®and Other Payment Services. Users of the Zelle^® Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.
8. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Zelle^®and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle^® and Other Payment Services or Site. Additional fees may apply for small business Users enrolled in the Zelle^® Small Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Zelle^® Payment Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 14 of the Account Transfer Terms (Failed or Returned Payment Instructions) applies if you do not pay our fees and charges for the Zelle^® and Other Payment Services, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient fees in the Eligible Transaction Account.
9. Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
10. Returned Payments. In using the Zelle^®and Other Payment Services, you understand that Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle^®. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle^® Payment Service.
11. Consent to Share Personal Information (Including Account Information). In addition to Section 25 of the Online and Mobile Banking General Terms and Conditions (Information Authorization), by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
    • As necessary to resolve a problem related to a transfer or payment between you and another User;
    • To verify the existence of your bank account, or debit card, as applicable;
    • To comply with government agency or court orders;
    • To our affiliates, as permitted by law;
    • To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
    • To comply with inquiries in connection with fraud prevention or any investigation;
    • For our general business purposes, including without limitation data analysis and audits; or
    • As otherwise permitted by the terms of our Privacy Policy.
12. Wireless Operator Data. In addition to Section 25 of the Online and Mobile Banking General Terms and Conditions (Information Authorization), you acknowledge that 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 Zelle^® Payment Service, you authorize your wireless operator (AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us or our Service Providers solely to allow verification of your identity and to compare information you have provided to us or to Zelle^®‘s with your wireless operator account profile information for the duration of our business relationship. See Zelle^®‘s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
13. Liability. Subject to our obligations under applicable laws and regulations, 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 Zelle^® Payment 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 A PROTECTION PROGRAM 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).
14. Disclaimer of Warranties. Section 31 of Online and Mobile Banking General Terms and Conditions (Warranties and Limitation of Liabilities) does not apply to Zelle^® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE^® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE^® PAYMENT SERVICE. ZELLE^® EXPRESSLY DISCLAIMS 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 ZELLE^® PAYMENT SERVICE DESCRIBED OR PROVIDED. ZELLE^® DOES NOT WARRANT THAT THE ZELLE^® PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE^® PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
15. Limitation of Liability.Section 31 of the Online and Mobile Banking General Terms and Conditions (Warranties and Limitation of Liability) does not apply to Zelle^®Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE^®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL 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 ZELLE^® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE^® PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE^® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE^® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE^® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE^® PAYMENT SERVICES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, 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).
16. Indemnification. Section 29 of the Online and Mobile Banking General Terms and Conditions (Indemnification) does not apply to Zelle^®Payment Services. You acknowledge and agree that you are personally responsible for your conduct while using the Zelle^® Payment 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 attorney’s fees, resulting from or arising out of your use, misuse, errors or inability to use the Zelle^® Payment Service, or any violation by you of the terms of this Agreement.
17. Use of Our Online Banking Site and/or Mobile App. You agree to access the Site in compliance with our terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.
18. Your Liability for Unauthorized Transfers. Section 12 (Your Liability for Unauthorized Transfers) of the Account Transfer Terms shall not apply to the Zelle^®Payment Service. Immediately following your discovery of an unauthorized Zelle^® Payment Service Payment Instruction, you shall communicate with customer service in the manner set forth in Section 35 of the Online and Mobile Banking General Terms and Conditions (Contact Information) above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability for unauthorized transactions if you notify us within sixty (60) days after your monthly Bank statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
    When you give someone your password or other means to access your account through which you access the Zelle^® and Other Payment Services, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
    Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household purposes.

19. Consent Standards; Zelle^®Tags.
    • Content Standards:You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle^® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle^®, as determined by Zelle^® in its sole discretion; or (6) in Zelle^®‘s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle^® Payment 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 Zelle^® Payment 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 Zelle^® Payment Service.
    • The Zelle^®Payment Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle^®” You will be limited to one Zelle^® tag per bank account, and each Zelle^® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle^® tag must meet the Content Standards. You may not select a Zelle^® tag that misleads or deceives other Users of the Zelle^® Payment 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 Zelle^® Payment 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 Zelle^® Payment Service. We respect the intellectual property of others and require that users of the Zelle^® Payment 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 Zelle^® Payment Service that is subject to intellectual property rights claims.
20. Arbitration. You acknowledge and agree that for any claims or disputes you assert against Zelle^®and Early Warning Services, LLC, Zelle^® and Early Warning Services, LLC are entitled to enforce Section 28 of the Online and Mobile Banking General Terms and Conditions (Arbitration) against you.
21. Definitions.
    • “Network Financial Institutions” means financial institutions that have partnered with Zelle^®
    • “Receiver” is a person or business entity that is sent a Payment Instruction through the Zelle^®and Other Payment Services
    • “Requestor” is a person that requests an individual to initiate a Payment Instruction through the Zelle^®Payment Service.
    • “Sender” is a person or business entity that sends a Payment Instruction through the Zelle^®and Other Payment Services.
    • “User” means you and others who are enrolled directly with Zelle^®or enrolled with another financial institution that partners with Zelle^®.
    • “Zelle^®Payment Request” means functionality that allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Zelle^® Payment Service.
    • “Zelle^®Small Business Service” means functionality, to the extent made available by us, that enables a small business User to (i) send Zelle^® Payment Requests through the Zelle^® Payment Service, and (ii) send and receive Payment Instructions through the Zelle^® and Other Payment Services. Users that access the Zelle^® and Other Payment Services through a business account shall be classified as Zelle^® Small Business Service Users. The Zelle^® Small Business Service is included in the definition of “Zelle^® Payment Service”.
    • Zelle^®and the Zelle^® related marks are wholly owned by Early Warning Services, LLC and are used herein under license. 22.4

MOBILE BANKING ADDITIONAL TERMS OF SERVICE

1. Description of Services. The term “Mobile Banking” means these Mobile Banking Additional Terms of Service. The term “Service” means the mobile banking service for purposes of these Mobile Banking Additional Terms, and the General Terms as they apply to these Mobile Banking Additional Terms, enables you to receive, view, and pay bills from the Site.
2. Program. Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship with Bank as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website/mobile app. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
3. To Stop The Program. To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 32858. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
4. Service Interruptions. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Bank or any service provider.
5. Services. Not all Services are available on all types of mobile devices. We reserve the right to modify the scope of the Services at any time. We reserve the right to refuse to make any transaction you request through our Services. You agree and understand that Services may not be accessible or may have limited utility over some mobile networks, such as while roaming.
6. Client Obligations. Services will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Services before using, and that you always use the Services in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your wireless Device and the Software. From time to time we may change, upgrade, and add new features to the Services. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Software. We will not be liable to you for any losses caused by your failure to properly use the Services.
7. Limits. Transactions conducted via Services are subject to all withdrawal and transfer limitations and excess activity charges described in the Open Bank Deposit Account Agreement and Schedule of Fees. We may establish limits on the dollar amount and/or number of items or deposits from time to time that you make via the Services. If you attempt to initiate a Mobile Deposit in excess of these limits, we may reject your Mobile Deposit and you may deposit the check(s) in a manner consistent with other methods for making deposits provided by the Bank (such as at a branch or ATM or by mail). If we permit you to make a Mobile Deposit in excess of these limits, such Mobile Deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a Mobile Deposit at other times. Daily and monthly deposit limits may vary for users of other services provided by the Bank. Bank reserves the right to change the limits. Any such change shall be effective immediately and may be implemented prior to your receipt of notice thereof.
8. Provisional Credit and Funds Availability. After acceptance of the Mobile Deposit, Bank shall process the Mobile Deposit along with other transactions received prior to the Cut-Off Time, defined below, by Bank and grant your Account Provisional Credit (as herein defined) for the total amount of the Mobile Deposit or the accepted Mobile Deposit, as applicable. As used herein, “Provisional Credit” means that the credit is made to your Account subject to final payment of the Check Image and subject to the terms of the Deposit Account Agreement. For the purpose of determining availability of funds, Bank may hold funds for the period of time permitted by Bank’s funds availability disclosure. Mobile Deposit funds for Mobile Deposits made before the Cut-Off Time are available in accordance with our Funds Availability Disclosure contained in the Deposit Account Agreement. The Bank shall have no liability for the return or refusal of any item.
9. Eligible Items. You hereby agree that you will only scan and deposit checks as the term check is defined in Federal Reserve Board Regulation CC (“Reg. CC”). You agree that the Image of the check that is transmitted to Bank (each such check and other item a “Check” and, if more than one, “Checks”), they are individually or collectively converted to an electronic image for subsequent presentment and collection. It shall therefore be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code.
   You further agree that you will not use the Mobile Deposit Service to scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
   • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into,
   • Checks payable jointly, unless deposited into an account in the name of all the payees,
   • Checks with any endorsement on the back other than that specified in this Agreement,
   • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn,
   • Checks payable on sight or payable through Drafts (as defined in Reg. CC)
   • Checks with inconsistent dollar amounts, both numerical and written,
   • Checks that are incomplete or contain incomplete information,
   • Checks not payable in United States currency,
   • Checks payable to “Cash”,
   • Checks that are post-dated or stale-dated (dated over six (6) months ago),
   • Checks drawn on a financial institution located outside of the United States or Territories of the United States,
   • Money orders, U.S. Treasury checks*, Traveler’s checks or Savings Bonds
   • Photocopies or any duplication of checks,
   • Previously submitted through the Services or through a remote deposit service offered at any other financial institution, or otherwise previously converted to a “substitute check” (as defined in Reg. CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent,
   • Prohibited by the Bank’s current procedures (“Procedures”) pertaining to the Mobile Deposit Service or are in violation of any law, rule or regulation,
   • Not acceptable to Bank for deposit into a deposit account as provided in the Deposit Account Agreement (Checks described in clauses (a) through (o) each a “Prohibited Check” and, collectively, “Prohibited Checks”).Prohibited Check may be accepted, on a case-by-case basis once the check has been verified as issued/valid on US Treasury site.
     If you deposit a Prohibited Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorney’s fees) Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Bank’s written consent to do so, you provide Bank with an electronic representation of a substitute check for deposit into an Account instead of an original Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorney’s fees) Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.
10. Security Interest. You grant Bank a security interest in all Accounts or other deposits (whether general or special) of yours at the Bank, and in all funds in such Accounts or other deposits, to secure your obligations to Bank under this Agreement. This security interest will survive termination of this Agreement.
11. Image Quality. Each Image must provide all information on the front and back of the original Check at the time presented to you by the drawer (the person or entity from whose account the Check was written), including, but not limited to, information about the drawer and the paying bank that is preprinted on the original Check, MICR information, signature(s), any required identification written on the front of the original Check and any endorsements applied to the bank of the original Check. The image of an item transmitted to the Bank using this Service must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the Checks must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. The Bank accepts no liability and makes no guarantee that its image standards will be acceptable to other banks when presented for payment.
12. Endorsements. All checks submitted through the Services must be properly endorsed by you prior to transmittal. Unless otherwise instructed by the Bank, you agree that endorsements of all checks deposited through the Services must (a) be signed by all required payees, (b) state your account number, and (c) state that they are “FOR MOBILE DEPOSIT AT OPEN BANK”. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. You acknowledge and agree that you shall be liable to us for any loss we incur caused by a delay or processing error resulting from an irregular endorsement or other markings placed on the Check by you.
13. Receipt of Deposit. Electronic Images shall be deemed received by Bank for deposit based upon time of receipt as well as successful receipt of Images that are complete, usable, and adhere to the standards discussed herein. If any Image is not complete, is not usable, or does not adhere to the standards, the Image may not be processed by Bank, in which even your deposit will be adjusted and notification provided. In general, all Images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Deposit Account Agreement with us and will be subject to all terms of the Deposit Account Agreement and any amendments to such Deposit Account Agreement. Any confirmation from Bank that we have received the deposit does not mean that the image contains no errors. When we receive an Image, we will confirm that you have submitted the Image via a message displayed on your Mobile Device. The message will advise you that we have either accepted or rejected your Mobile Deposit or that your Mobile Deposit needs to be reviewed. You agree that Bank has no obligation to accept a Mobile Deposit and, therefore, we reserve the right to reject any Mobile Deposit, or the Images or other information contained therein transmitted through this Service, at our discretion, without liability to you. It is your responsibility to check notifications from the Bank for any rejected submissions and contact the Bank to address the reason for such rejection. You acknowledge and agree that Bank shall have no liability to you for failing to provide notice of rejection of a Mobile Deposit. You agree that you shall be solely liable for, and Bank shall not have any liability whatsoever to you for, any Mobile Deposit or the Images or other information contained therein that are not received by Bank. You also agree to be liable for Mobile Deposits or the Images or other information contained therein that are intercepted or altered by an unauthorized third party or dropped during transmission.
14. Cut-off Time. To be eligible for processing on the day transmitted, Mobile Deposits must be received and approved by Bank on or before the cut-off time established by Bank from time to time (the “Cut-Off Time”) on a Business Day that the Bank is open. A Mobile Deposit that is received after the Cut-Off Time shall be deemed to have been received on the Business Day following the Business Day on which the Mobile Deposit is actually received by Bank. The daily cut-off time for Mobile Deposit is 5:00 p.m. PT. Such daily cut-off times may be adjusted by Bank in its sole discretion from time to time upon notice to you. Following receipt, Bank may process the image by preparing a substitute check or clearing the item as an image.
15. Original Checks. After you have received confirmation that the Bank has received an image that you have transmitted, you agree to retain the original check in safekeeping in a secure environment for at least thirty (30) calendar days from the date of the Image transmission (such period the “Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) the information contained on such Checks shall not be disclosed, (b) such Checks will not be duplicated or scanned more than one time and (c) such Checks will not be deposited or negotiated in any form. Upon expiration of the Retention Period, you agree to destroy the original Check you transmitted as an Image using a method of destruction that will result in the paper-based item being unprocessable and all sensitive personal and financial information undecipherable. You hereby indemnify Bank for, and hold Bank harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the destruction of original Checks by you. During the Retention Period, you agree to promptly provide the original Check to the Bank upon request.
16. Contingency Plan. You agree that, in the event you are not able to capture, process, produce or transmit a Mobile Deposit to Bank, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will make the deposit in a manner consistent with other methods for making deposits provided by Bank until such time that the outage, interruption or failure is identified and resolved. You hereby acknowledge and agree that the Bank shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Services. The deposit of original Checks through these other methods shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
17. Returned Deposits. If Images of Checks deposited through the Services are dishonored, rejected or otherwise returned unpaid by the drawee bank, or any rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you understand and agree that, since you either possess the original Check or have destroyed it in accordance with the original Check provisions in this Agreement, the original Check will not be returned to you, and Bank may charge back the amount of the Image of the Check to your Account. You understand and agree that the Image may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You will reimburse Bank for all loss, cost damage or expenses caused by or relating to the processing of the returned item. Unless otherwise instructed or approved by Bank, you agree not to attempt to deposit the original Check or otherwise negotiate an original Check if an Image or other debit as previously described is charged back to you.
18. Your Representations and Warranties. You make the following representations and warranties to the Bank with respect to each Image submitted for Mobile Deposit:
    • Checks Deposited. Each Image transmitted by you to Bank is in accord with and complies with the terms, conditions and procedures of this Agreement, the Procedures and the Deposit Account Agreement.
    • Image Quality. Each Image transmitted by you to the Bank must contain an accurate representation of the front and the back of each Check and complies with the requirements of this Agreement.
    • Accuracy of Information. All data and other information submitted by you to the Bank, including, but not limited to, data contained in the MICR line of each Check is complete and accurate and complies with the requirements of this Agreement.
    • No Duplicates. Each Image submitted to the Bank complies with your agreement not to:
      • create duplicate Images of the Checks,
      • transmit a duplicate Image to Bank, or
    • deposit or otherwise negotiate the original of any Check of which an Image was created.You further warrant that no subsequent transferee, including but not limited to Bank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Check from which the Image was created or a duplication (whether paper or electronic, including ACH entries) of such Check.
    • No Loss. No subsequent transferees of the Check or Checks, including but not limited to Bank, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check.
    • Information. All information provided by you to Bank is true, complete and accurate in all respects.
    • Authority and Legality.
      • This Agreement is valid and enforceable against you in accordance with its terms; and
      • the entry into, and performance of, this Agreement by you will not violate any law, or conflict with any other agreement, to which you are subject.
    • No Litigation. There is no action, suit or proceeding pending or, to your knowledge, threatened, which if decided adversely, would adversely affect your financial condition or operations.
      • Transactions. Each Image submitted to the Bank and related transactions are, and will be, bona fide. All signatures on Checks are authentic and authorized.
    • Compliance. Each Image submitted to the Bank is in compliance with this Agreement, the Procedures, and the Rules.
    • Indemnity. You will honor your agreement to and will indemnify Bank for, and hold Bank harmless from and against, any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Bank, including, but not limited to, the Deposit Account Agreement, and the terms of this paragraph shall survive the termination of this Agreement.
19. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
20. USE OF GOOGLE MAPS. You agree to abide by (1) the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and (2) the Google Legal Notices found at https://www.google.com/intl/en-us/help/legalnotices_maps/ or other URLs as may be updated by Google.
21. Biometric Login for Mobile Banking. Biometric login is an optional biometric sign-in method for Mobile Banking that may be available for certain Apple® (via Touch ID™ or Face ID™) and Android® mobile devices that have a built-in biometric scanner. To use biometric login, you will need to save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and Bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within Mobile Banking. Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within Mobile Banking.

Apple, Touch ID, and Face ID are trademarks of Apple Inc. Android is a trademark of Google Inc.