New Jersey Community Bank Print Date :

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1 New Jersey Cmmunity Bank Print Date : Online Banking Agreement NEW JERSEY COMMUNITY BANK The fllwing infrmatin represents the Online Banking Agreement between yu and New Jersey Cmmunity Bank. We request that yu read this entire dcument prir t using this service. Custmer Online Access Agreement fr New Jersey Cmmunity Bank This is the agreement fr yur New Jersey Cmmunity Bank Online Banking Services and it includes certain disclsures fr electrnic fund transfers. This agreement is in additin t ther agreements between us, including yur checking, savings, and ther depsit accunt agreements (which we prvided in the brchure entitled Depsitr Agreement), as well as line f credit, and lan agreements. If there is a cnflict between the terms and cnditins f this agreement and ne cntained in the ther agreements between us, this agreement will cntrl. In this agreement, the wrds "Bank," "we," "us" r "ur" mean New Jersey Cmmunity Bank and its successrs r assigns. When we use the wrds, "yu" r "yur" we mean each persn wh has an interest in an accunt r ther relatinship, which is accessible thrugh the New Jersey Cmmunity Bank Online Banking Services, and any persn as t whm such access is authrized. New Jersey Cmmunity Bank Online Banking Services (Services) means that infrmatin, cmmunicatin and transactins prvided t yu by us thrugh any nn-branch remte channel, including the New Jersey Cmmunity Bank web site, within ur Area f Service, including, but nt limited t, the fllwing: accunt infrmatin, funds transfers and bill payments, stp payments, statement/transactin inquiries and dwnlads, and check rder(s) fr accunt(s) established at a branch r at an affiliate f the Bank. When yu use ur Services r yu permit any ther persn t use ur Services, yu agree t the terms and cnditins we have set ut in this agreement and any instructinal material that we prvide yu regarding the Services. Yur use f the Services may be made by use f certain numbers, cdes, marks, signs, public keys r ther means f establishing yur identity and acceptance f the electrnic cmmunicatins which are acceptable t the Bank. All electrnic cmmunicatins that meet these requirements will be deemed t be valid and authentic and yu intend and agree that thse electrnic cmmunicatins will be given the same legal effect as written and signed paper cmmunicatins. Yu agree that electrnic cpies f cmmunicatins are valid and yu will nt cntest the validity f the riginals r cpies, absent prf f altered data r tampering. 1. Equipment and Sftware. The fllwing device (Equipment) is required t access the Services: Persnal cmputer and mdem. If yu access the Services by use f a persnal cmputer, yu agree: (1) t use Internet Services Prvider sftware prducts (Sftware); (2) the Sftware, and any future upgrades, must be laded and peratinal n yur persnal cmputer and yu must use a mdem t access the Services thrugh the designated interface Equipment and Sftware; (3) as this service becmes available, t receive accunt infrmatin by electrnic transmissin f a visual display f the text. Yu may request a paper cpy f electrnic ntices required by federal regulatins within 60 days f the availability f the electrnic disclsure. Cntact custmer service fr available user guides fr the Sftware. Any ther sftware used by yu in the future t access ur system, if supprted by us, will be prvided and maintained by yu at yur expense. 2. Accunt Access. T have access t the Services yu must be an authrized user f the Sftware yu select, if required fr use with the Equipment. Yu must als have at least ne eligible depsit r credit accunt with us. If yu have mre than ne accunt r ther relatinship with us, we will "link" the relatinships tgether unless yu request certain accunts nt be linked. Accunts that are "linked" under the Services will have ne cmmn wner and signer. Any signer, acting alne, must be authrized t access a linked accunt. Any nn-linked accunt will nt be accessible thrugh the Service. An accunt that requires tw r mre signatures t make withdrawals may nt be designated as an Eligible accunt. Eligible accunts are the fllwing New Jersey Cmmunity Bank persnal r business accunt types that yu may request access t thrugh the Available Services: Checking Mney Market Accunt Certificate f Depsit (CD) Savings Installment Lan Cmmercial Lan Mrtgage Lan Line f Credit 3. Access Cdes. During yur use f the Services, yu are required t enter:

2 Custmer Access Number Passwrd and User Name. Additinal numbers and wrds may be required depending n the Equipment and sftware used. Use f these Access Cdes is the agreed security prcedure t access the Services thrugh any f the Equipment. Yu agree t keep these numbers and cdes cnfidential t prevent unauthrized access t yur accunts and t prevent unauthrized use f the Services. Fr security purpses we recmmend that yu d nt use the same Access Cdes yu use n ther bank prducts. 4. Available Services. Depending upn the particular features and the Equipment yu select, yu may be allwed access t the fllwing Services by first entering yur Access Cdes: (a) Accunt Infrmatin. Yu may btain an accunt balance and summary infrmatin, uncllected funds infrmatin, cleared transactins detail fr at least the current statement perid. (b) Internal Transfers and Payments. Yu may request t transfer funds t and frm certain New Jersey Cmmunity Bank accunt(s). Transfer f funds between yur New Jersey Cmmunity Bank accunt(s) may be limited t a per transactin mnetary limit. Certain transfers will ccur autmatically. Bank persnnel upn prper verificatin perfrm ther transfer requests, knwn as Advance Requests. The restrictins n the number f withdrawals frm yur mney market accunts apply t transfers frm the accunts accessed thrugh Online Banking transmissins utside f the mail yu create within the Online Banking site are nt secure. Therefre, we request that yu d nt send us r ask fr sensitive infrmatin such as accunt numbers, passwrd, financial infrmatin, etc. via any general r public system. If yu wish t cntact us electrnically, please use the mail facility frms prvided in ur Online Banking site. Use this secure frm fr s cncerning the fllwing types f inquiries: Electrnic Funds Transfer Errr Reslutin Reprting Unauthrized Transactins Cntacting us abut ther cncerns f a cnfidential nature. Under NO circumstances will a New Jersey Cmmunity Bank emplyee request yur Passwrd via the Internet r any ther type f cntact. D NOT respnd t such a request even if the individual claims t represent New Jersey Cmmunity Bank r any f its subsidiaries. 6. Service Charges r Fees. Once yu are an enrlled user f the Services, yu may be charged the applicable Mnthly Fee and/r Usage Fee whether r nt yu use the Services. See the "Schedule f Fees and Charges". Yu authrize us t autmatically deduct all applicable charges and fees frm yur primary Eligible checking accunt yu have with us. 7. Reprting Unauthrized Transactins. If yu believe that an unauthrized transactin has been r may be cnducted frm yur depsit accunt withut yur permissin, call the security fficer fr New Jersey Cmmunity Bank at (732) r fax us at: (732) Peridic Statement. Yu will be mailed peridic statements fr yur eligible accunt(s) with the regularity prvided fr in the Depsit agreements. In additin t reflecting yur ther accunt activity, yur statements will include any transfers yu authrize using the Services. 9. Business Days and Hurs f Operatin. Our business days are Mnday thrugh Friday except Federal bank hlidays. A custmer service representative will be available t assist yu between the hurs f 8:00 am t 5:00 pm EST r DST, as may be the case. Althugh advance requests, wire transfers, and check rders transactins can be prcessed nly n business days, yu can use yur Equipment t reach us 24 hurs a day, seven days a week, except during any special maintenance perids. 10. Yur Respnsibility. Yu are respnsible fr all transfers yu authrize using the Services. If yu permit ther persns t use the Services r yur Access Cdes, yu are respnsible fr any transactins they authrize frm yur linked depsit accunts. Yu shuld ntify us immediately at (732) if yu believe any f yur accunts have been accessed r yur Access Cdes have been taken r used withut yur permissin. Telephning us right away will help yu reduce pssible lsses. T the extent a transactin is an electrnic fund transfer, yu can lse n mre than $50 if yu ntify us within tw business days f discvering any unauthrized use f the Services r yur Access Cdes. Hwever, yu can lse as much as $500 if yu d nt ntify us within tw business days f discvering the unauthrized use and we can prve that we culd have prevented the unauthrized use had we been ntified.

3 In additin, if yu d nt reprt unauthrized transactins that appear n any f yur peridic statements within 60 days after such statements are mailed r electrnically transmitted t yu, yu risk unlimited lsses n transactins made after the 60 day perid if we can prve that we culd have prevented the unauthrized use after the expiratin f the 60 day perid had we been ntified within this 60 day perid. If a verifiable gd reasn (such as a hspital stay) kept yu frm telling us, we may, in the exercise f ur sle discretin, extend the time perids. 11. Our Respnsibility. We, r a third party acting as ur agent, are respnsible fr cmpleting fund transfers n time, accrding t yur prperly entered and transmitted instructins. Hwever, neither we nr ur agent will be liable: If yu d nt have adequate mney in a depsit accunt t cmplete a transactin frm the accunt, r if that accunt has been clsed; If yu have nt prperly fllwed Sftware r service instructins n hw t make a transfer; If yu have nt given cmplete, crrect and current instructins s that a transfer can be made; If withdrawals frm any Eligible accunts have been prhibited by a curt rder such as a garnishment r ther legal prcess; If we r ur agent reasnably believes that a transactin may be unauthrized and based theren the transactin is nt cmpleted; If yur equipment and/r sftware were nt wrking prperly and this prblem shuld have been apparent t yu when yu attempted t authrize a transfer payment; Â If circumstances beynd ur cntrl, r the cntrl f ur agent, prevent the cmpletin f a transfer r payment, despite reasnable precautins that we have taken. Such circumstances include, but are nt limited t, cmputer failure, telecmmunicatin utages, pstal strikes and ther labr unrest, delays caused by fires, flds, and ther natural disasters. There may be ther exceptins t ur liability as stated in yur Depsitr Agreement. 12. Electrnic Fund Transfer Errr Reslutin. In case f errrs r questins abut any electrnic payment r transfer initiated frm yur depsit accunt(s) under the Service, cntact us immediately. Call: r Fax us at: If yu think yur statement is wrng r if yu need mre infrmatin abut a transactin listed n the statement, we must hear frm yu n later than sixty (60) days after we send r deliver t yu the FIRST statement n which the prblem r errr appeared. T reprt an errr yu must prvide us with the fllwing infrmatin: Tell us yur name and accunt number(s). Describe the suspected errr r the nature f the prblem, explaining as clearly as yu can why yu believe an errr has been made, r describe what additinal infrmatin yu need. Tell us the dllar amunt f the suspected errr. If yu tell us rally, we may require that yu send us yur cmplaint r questin in writing with ten (10) business days. We will tell yu the results f ur investigatin within ten (10) business days after we hear frm yu and will crrect any errr prmptly. If we need mre time, hwever, we may take up t frty-five (45) days t investigate yur cmplaint r questin, in which case, we will credit yur accunt within ten (10) business days fr the amunt yu think is in errr, s that yu will have the use f the mney during the time it takes us t cmplete ur investigatin. If we ask yu t put yur cmplaint r questin in writing and d nt receive it within ten (10) business days, we may nt re-credit yur accunt during the investigatin. In the case f a new accunt, the applicable time perids shall be twenty (20) business days in place f ten (10) business days and ninety (90) days in place f frty-five (45) days. An accunt is cnsidered a new accunt during the first thirty (30) calendar days after the accunt is pened, but nly if yu did nt have anther accunt with us fr at least thirty (30) calendar days when the accunt in questin was pened.. If we decide that there was n errr, we will send yu a written explanatin within three (3) business days after we finish ur investigatin. Yu may ask fr cpies f the dcuments that we used in ur investigatin. 13. Liability fr Lss r Errneus Data. The Bank will bear n liability r risk fr any errr r lss f data, infrmatin, transactins r ther lsses, which may be due t the failure f their respective cmputer systems, r that f a third party cmmunicatins prvider n which yu r the Bank may rely. We shall have n liability t yu fr any damage r ther lss, direct r cnsequential, which yu may incur by reasn f yur use f yur cmputer system.

4 EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. 14. Changes/Interruptins in Services. We may n a regular basis perfrm maintenance n ur equipment r system that may result in interrupted service. We als may need t change the scpe f ur Service frm time t time. We will attempt t prvide prir ntice f such interruptins and changes but we cannt guarantee that such ntice will be prvided. 15. Harm t Cmputer Systems/Data. The Bank will bear n liability whatsever fr viruses, r ther similar harmful cmpnents that may enter yur cmputer system by dwnlading infrmatin, sftware, r ther materials frm ur site. Our liability shall be expressly limited t replacing, r the reasnable cst f replacing the lst infrmatin. We will nt be respnsible r liable fr any direct, indirect, incidental r cnsequential damages which may result frm such harmful cmpnents. 16. Perfrmance f Sftware and Electrnic Service. In n event will we r ur fficers, directrs, emplyees r agents be liable t yu fr any cnsequential, incidental r indirect damages arising ut f the use, misuse r inability t use the Service, r fr any lss f any data, even if we have been infrmed f the pssibility f such damages. WE MAKE NO WARRANTY TO YOU REGARDING EQUIPMENT OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. 17. Privacy. Yu agree that we may release, r assist in the release f such credit and ther accunt infrmatin t a third party as may be necessary t prcess a transactin r reslve disputes, r cmply with any rder issued by a curt r gvernmental agency. We may als release such infrmatin t any recipient as t whm yu give us advance written permissin. We may share the infrmatin yu prvide us with ur affiliates, unless yu prvide us ntice by the Mail facility available within this Service, r in writing, that yur infrmatin may nt be cmmunicated t ur affiliates. 18. Ownership f Materials. The cntent and infrmatin n ur site is the prperty f New Jersey Cmmunity Bank. It shuld nt be duplicated, r cpied by any means, unless therwise specified. 19. Severability. If any prvisin f this Agreement is vid r unenfrceable in any jurisdictin, such ineffectiveness r unenfrceability shall nt affect the validity r enfrceability f such prvisin in anther jurisdictin r any ther prvisin in that r any ther jurisdictin. 20. Area f Service. The Service described in this Agreement and any applicatin fr cnsumer credit and depsit services available at ur site are slely ffered t citizens and residents f the United States f America. 21. Gverning Law and Venue. These terms and cnditins f this Agreement shall be gverned by and cnstrued in accrdance with the applicable federal and state laws in effect within the State f New Jersey. Any actin at law, suit in equity, r ther judicial prceeding fr the enfrcement f this Agreement r any prvisin theref shall be instituted nly in the curts f the State f New Jersey. 22. N Signature Required. When any payment r ther n-line service generates items t be charged t yur accunt, yu agree that we may debit yur designated accunt r the accunt n which the item is drawn withut requiring yur signature n the item, and withut prir ntice t yu.

5 23. Amendment f this Agreement. We may amend this agreement (including changes in its fees and charges hereunder), by giving ntice t yu at least thirty (30) days befre the effective date f the amendment, unless law r applicable regulatin therwise requires such change r amendment. Yur cntinued use f the Service is yur agreement t the amendment(s). Depsitr's verdraft prtectin and line f credit agreements will cntinue t apply in accrdance with ur published Schedule f Fees, as amended frm time t time. 24. Recrds; Cmmunicatins Our recrds, kept in the regular curse f business, shall be presumed t accurately reflect the cntents f yur instructins t us and, in the absence f manifest errr, will be binding and cnclusive. Unless therwise prhibited by law, any cmmunicatin r material yu transmit t us via the Applied Bank website r is n a nn-cnfidential basis and we may use such cmmunicatin r material fr any purpse cnsistent with ur Privacy Plicy, including reprductin, publicatin, bradcast and psting. Yu agree t prvide a valid phne number, address and ther delivery lcatin s that we may send yu infrmatin abut yur applicable accunt. Any ntice f a changed phne number, address r delivery lcatin prvided in respnse t an attempt t cntact yu at phne number, address r delivery lcatin prvided by yu will be deemed t be a phne number, address r delivery lcatin prvided by yu. Yu agree that in the event that we d nt have a valid address, phne number r ther delivery lcatin n file, we may btain such infrmatin frm a third party. Yu agree that we may use any cntact infrmatin submitted r verified n this website t cntact yu abut yur accunt, which includes, but is nt limited t any address, fr purpses f crrespnding with yu abut yur accunt and that such crrespndence may cntain the status f yur accunt. Yu understand that infrmatin sent t any address yu prvide may nt be encrypted and may include persnal r cnfidential infrmatin abut yu such as yur name and accunt activity r status. 25. Indemnity. Yu acknwledge and agree that yu are persnally respnsible fr yur cnduct while using the Online Service and agree t indemnify and hld us and ur fficers, directrs, emplyees and agents harmless frm and against any lss, damage, liability, cst r expense f any kind (including, but nt limited t, reasnable attrneys' fees) that we may incur in cnnectin with a third party claim r therwise, in relatin t yur use f the Online Service r the use f the Online Service by anyne using yur card number, accunt number, PIN, User ID r Passwrd r yur vilatin f this Agreement r the rights f any third party (including, but nt limited t, privacy rights). Further, yu agree t indemnify, defend and hld us harmless frm and against any and all claims, lsses, liability, cst and expenses (including reasnable attrneys. fees) arising frm yur prvisin f a phne number, address, r ther delivery lcatin that is nt yur wn, fr any access t infrmatin transmitted t yu via a phne number, address, r ther delivery lcatin that is accessed by a third party r yur vilatin f applicable federal, state r lcal law, regulatin r rdinance. Yur bligatins under this paragraph shall survive terminatin f this Agreement. 26. Waiver. We may waive any term r prvisin f this agreement at any time r frm time t time, but any such waiver shall nt be deemed a waiver f that term r prvisin in the future. 27. Assignment. We may assign rights and delegate duties under this Agreement t a cmpany affiliated with us r t any ther party. 28. Terminatin/Availability. We may terminate r suspend this Agreement, r terminate, suspend r limit yur access privileges t the Online Service, in whle r part, at any time fr any reasn withut prir ntice. The bligatins and liabilities f the parties incurred prir t the terminatin date shall survive the terminatin f this Agreement fr all purpses. Nt all f the prducts r services described n the website(s) are available in all gegraphic areas. Therefre, yu may nt be eligible fr all the prducts r services described. We reserve the right t determine yur eligibility fr any prduct r service. 29. Ntices. Yu agree that by using the Online Service, all ntices r ther cmmunicatins which we may be required t give yu arising frm ur bligatins under this Agreement r the Online Service may be sent t yu electrnically t any address we have fr yu, r at ur ptin, anther e- mail address yu prvide t us r in any ther manner permitted by law. 30. New Features. We may, frm time t time, intrduce new features t the Online Service r mdify r delete existing features at ur sle discretin. We shall ntify yu f any f these changes t features if we are legally required t d s. By using any new r mdified features when they becme available, yu agree t be bund by the rules cncerning these features. 31. Virus Prtectin. New Jersey Cmmunity Bank is nt respnsible fr any electrnic virus r viruses that yu may

6 encunter. We suggest that yu rutinely scan yur PC and diskettes using a reliable virus prduct t detect and remve any viruses fund. An undetected r unrepaired virus may crrupt and destry yur prgrams, files and even yur hardware. Additinally, yu may unintentinally transmit a virus t ther cmputers. 32. Security. New Jersey Cmmunity Bank is cmmitted t the security f ur custmers and accunt infrmatin. New Jersey Cmmunity Bank has used state f the art technlgy in the develpment f this site t facilitate this security. New Jersey Cmmunity Bank requires custmers t enter a Custmer Access Number, a User Name, and a Passwrd t access the Online Banking pages in additin t using a secure Internet brwser. Only thse custmers wh have existing accunts may btain a Custmer Access Number. If yu d nt currently bank with New Jersey Cmmunity Bank and wuld like t pen an accunt r learn mre abut ther prducts and services, please visit ur hme page. We urge yu t bserve the fllwing guidelines t prtect against fraud: D nt give ut yur accunt infrmatin, Custmer Access Number, User Name r Passwrd. Never leave yur accunt infrmatin ut in an pen area accessible by thers including yur PC screen. Never send privileged accunt infrmatin (accunt number, Passwrd, etc.) in any public r general E- mail system. Never leave yur PC unattended while yu are within the New Jersey Cmmunity Bank Online Banking site. 33. Ckies A ckie is a small data file that certain websites write t yur hard drive when yu visit them. A ckie file can cntain nn-persnal infrmatin such as a user ID that the site uses t track the pages yu've visited. Ckies can't read data ff yur hard disk r read ckie files created by ther sites. Ckies usually expire when a user turns ff the brwser, when the web server has determined that the transactin is cmplete, r at a specified date. If yu've set yur brwser t warn yu befre accepting ckies, yu will receive the warning message with each ckie. Yu can refuse ckies by turning them ff in yur brwser, and yu d nt need t have ckies turned n t use ur website. New Jersey Cmmunity Bank uses ckies t track user mvement thrugh ur site, remember repeat visitrs, and ptimize navigatin. Fr certain applicatins, such as Online Banking, ckies are a requirement because they help prtect the privacy f a custmer s transactins by, fr example, autmatically terminating the nline sessin if the custmer frgets t lg ut. 34. Entire Agreement. This Agreement is the entire agreement between yu and us and it supersedes any marketing r ther similar material pertaining t the Service delivered t yu in writing, verbally r btained at ur site r the site f an Internet service prvider.