NOTE: BY CLICKING TO AGREE AND BY USE OF THIS SERVICE YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT. READ CAREFULLY.

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1 INTERNET BANKING SERVICE AGREEMENT NOTE: BY CLICKING TO AGREE AND BY USE OF THIS SERVICE YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT. READ CAREFULLY. Introduction. This Internet Banking Service Agreement (Agreement) governs the use of s Online Banking System, (Service) for both consumers and commercial (Cash Management) users. The Service allows you to perform a number of banking functions through the use of a personal computer or other mobile devices and the internet. This Agreement establishes the terms and conditions for electronic access to the Service. When you use any of the Internet Banking Services described in this Agreement, you agree to the terms and conditions of this Agreement. The bulk of this agreement pertains to any user of the Bank s online Services; however, there are differences in banking rules, regulations, and responsibilities that depend upon whether you are a consumer or commercial user. Refer to your account agreement disclosures that you received when you opened your account for more information. Definitions. For the purpose of this Agreement, the words, we, our, us, or Bank, and other similar terms, means American Bank of Commerce (). You, your, user, customer, consumer, and other similar terms refer to the account holder and anyone else authorized by that account holder to exercise control over account holder s funds through the System. Account or accounts means your accounts at the Bank. Electronic Funds transfers means ATM withdrawals, preauthorized transactions, point of sale transactions and transfers to and from your Bank accounts, including Bill Payment, using the Service. The terms bank business day or business day means Monday through Friday, excluding federal and State of Utah legal holidays. Online Banking Services can be used to access products and services made available by. If not plainly stated, all time references in this Agreement refer to the Mountain Time Zone. Other Agreements. The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts, in addition to your other agreements with the Bank, such as promissory notes, loan, EZ Deposit, and Bill Pay agreements continue to apply notwithstanding anything to the contrary in this Agreement. The bank will require a written Cash Management Agreement for commercial clients requiring ACH origination and wire transfer services. Computer Requirements. The minimum computer hardware and software requirements to receive and keep the electronic disclosures and notices are: A personal computer or other device which is capable of accessing the internet. Your access to this page verifies that your system/device meets these requirements. An Internet web browser which is capable of supporting 128 bit SSL encrypted communications which requires a minimum web browser version of Microsoft Internet Explorer version 7.0 (available for downloading at and your system or device must have 128 bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets these requirements. You must have software which permits you to receive and access Portable Document Format or PDF files such as Adobe Acrobat Reader version 8.0 and above (available for downloading at Your access to this page verifies that your system/device has the necessary software to permit you to receive and access PDF files.

2 ELECTRONIC COMMUNICATIONS AND DELIVERY OF ACCOUNT DOCUMENTS AND DISCLOSURES. You hereby consent to receive online banking services in electronic format for those products and services offered or accessible through Internet Banking so that we can provide communications (such as customer agreements, monthly billing or account statements, legal and regulatory disclosures, notices, transaction history, privacy policies and all other information related to the products, services or accounts) to you in an electronic format rather than a paper format. In this regard, you have the following rights and duties: Even after your consent to receive your account communications, documents, and disclosures in electronic format, you may elect to receive a paper copy in addition to the electronic versions, and you may obtain one free of charge by calling or writing us at the number or address listed below. You can withdraw your consent to receive your account documents and disclosures in electronic format at no charge at any time by calling or writing us at the number or address listed below. By consenting to conduct transactions and receive disclosures and notices electronically, you agree to provide us with the information (such as a current address) needed to communicate with you electronically and update us as to any changes in such information by calling or writing us at the number or address listed below. Customer Service 3670 North University Ave. Provo, UT We recommend you download or print all account documents that are delivered to you electronically and keep them in a secure location. PROTECTING YOUR ACCOUNTS Notification of Unauthorized Transactions. It is your responsibility to notify us at once if you believe another person has improperly obtained your Password, has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent or unauthorized activity in your account. Refer to the Deposit Agreement of the affected account for limits of liability and complete disclosures North University Ave. Provo, UT Preventing Misuse. Protect your Internet Password The Password is used to gain access to the Online Banking Services and should be kept confidential at all times. For your protection we recommend that you change your Internet Password regularly. It is recommended that you memorize your Password. You are solely responsible for the security and confidentiality of your password and, if you write it down or store it electronically, then you are responsible for security of your password and account information. We are entitled to act on transaction instructions received using your Password, and you unconditionally agree that the use of your Password will have the same effect as your signature authorizing the transaction. The bank employs multi factor authentication (MFA) protocols, such as a unique picture that is named by you, and a series of security questions to which you have provided unique answers. If you suspect any breach of those protocols or if they have unexpectedly changed, do not proceed with the log on process and contact the bank. Upon verification of your identity, the bank can assist you in regaining online access. ACCESSING YOUR ACCOUNTS Requirements. To access your account(s) through the Online Banking Service, you must have an eligible account, enroll in the Online Banking Service, have an established Internet E mail address, and an Password. In addition, you must have an approved Internet browser with the proper security settings as defined by the Bank.

3 You agree to assume full responsibility for all transactions up to the limits allowed by applicable law. We are not responsible for any errors or failures from any malfunction of your computer, or any virus or other problems related to the use of the Online Banking Service, nor are we responsible for any error, damages, or other loss you may suffer due to malfunction or misapplication of any system you use, including your Internet browser software, your Internet Service Provider, your software, or any equipment you may use to access the Online Banking Services or to communicate with the Bank, including but not limited to your telecommunications facilities, computer hardware, network device, and modem. Once the bank has granted you access to your account, you, your Senior Administrator, and/or your agents are responsible for maintaining the security and confidentiality of all access identifications, passwords, and multifactor authentication responses, used to permit access to your accounts via the Internet. The bank will have no duty to further verify the identity of any Internet banking system user with valid access codes. If you delegate access authority or otherwise provide another person with the means and necessary information to obtain access to your accounts via the Internet, you will be responsible for all transactions until that access has been revoked or disabled. In an effort to protect you, if the bank suspects misuse, your online access may be suspended at any time until the matter can be resolved to the bank s satisfaction. If you suspect your user identification or password has been compromised, it is your responsibility to contact the bank immediately. Furthermore, your access may be periodically denied pursuant to routine maintenance of the bank s systems or for reasons beyond the bank s control. will make every effort to notify you of extended service outages. Electronic Mail. Sending electronic mail ( E mail ) through the Internet is a way to communicate with the Bank. You may use E mail to ask general questions and to provide feedback to the Bank. However, you cannot use E mail to initiate transactions on your account(s), change your address or other contact information, or add signers to your account(s). We will not immediately receive E mail messages sent to us. You should not rely on E mail if you need to communicate with us immediately, i.e., if you need to report an unauthorized transaction in your account(s) or if you need to stop a payment that is scheduled to occur. If you send us an E mail, we will be deemed to have received it on the next business day, and we will have a reasonable time to act on any valid request made therein. You agree that we may respond to you by E mail with regard to any matter related to the Online Banking Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such E mail sent to you by us shall be deemed received within three business days of the date sent by us. New Services. may, from time to time, offer and introduce new Internet services. The Bank will attempt to notify you of the existence of these new products and services. By using these services when they become available, you agree to be bound by the rules, which will be communicated to you, concerning these services. Fees. No fees are assessed for accessing your account(s) through the internet. However, fees, as described in the applicable product or account disclosure statement or Services brochure, may apply to services ordered online or otherwise. Please be aware that fees may be assessed by your internet service provider. TRANSFERS Electronic Funds Transfer Disclosures. Please refer to the Regulation E and Electronic Funds Transfer Disclosure(s) provided with your account disclosure documents for important information regarding your and our rights and obligations pertaining to electronic funds transfers. This Agreement does not replace these important disclosures. Account to Account Transfers. In addition to viewing account information, you may use the Online Banking Services to transfer funds between your Internet enabled accounts. Please refer to your account disclosure documents for limits pertaining to pre authorized transfers or other limitations. Cut Off Times. Due to processing volume and equipment functionality, the time transactions will be processed and posted to accounts may fluctuate from time to time. As a general rule, transfers submitted before 5 PM (Mountain Time) on a business day will be processed and posted to your account on the same day. All transfers completed after 5 PM (Mountain Time) on a business day or on a Saturday, Sunday, or banking holiday, will be posted on the next business day. Our business days are Monday through Friday, except for bank holidays which include all federal and Utah legal holidays.

4 Insufficient Funds. You agree that we, at our discretion, may refuse to honor withdrawal requests that overdraw your account. The fact that we may honor a particular withdrawal request that overdraws the account balance does not obligate us to do so later. You cannot rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice at any time without notice to you. You may qualify for account services where we commit to pay overdrafts under certain circumstances, such as an overdraft protection line of credit or a plan to sweep funds from another account you have with us. If you desire such services, you must apply and qualify for them. You agree that we may charge fees for overdrafts, except for overdrafts caused by ATM withdrawals or one time debit card transactions. We may use subsequent deposits in your account(s), including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees. Fees. There are no fees for transferring funds between your linked accounts through Online Banking. However, fees, as described in the applicable account disclosure statements, may apply to products and services purchased online. Transaction Receipts. The bank will not provide any receipt or documentation of the transfer other than the regular account statement. TERMS AND CONDITIONS You must agree to accept the terms and conditions of this Agreement during enrollment in the Online Banking Services. In addition, the first time you access your account(s) through the Internet you re affirm your consent to be bound by all of the terms and conditions of this Agreement. Your use of the Online Banking Services acknowledges your receipt and understanding of this disclosure. Our Liability. Except as specifically provided for in this Agreement, or where the law requires a different standard, you agree that neither the Bank, its service providers, nor the Internet Service Providers shall be responsible for any loss, property damage or bodily injury, whether caused by the Bank, equipment, software or Internet Service Providers or any agent or subcontractor of any of the foregoing. Nor shall the Bank, its service providers, or the Internet Service Providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment or software. The Online Banking Services and any related services or products are being provided on an as is basis and specifically disclaims any and all warranties, express or implied relating thereto, including warranties of fitness for a particular purpose, merchantability, course of dealing, and usage of trade. Changes to Fees or Other Terms. We reserve the right to change fees or other terms described in this Agreement. However, when changes are made to any fees, we will notify you online, or will send a notice to you at the address shown on our records, or send you an electronic mail message (E Mail). All notices will be sent at least thirty days in advance of the effective date of the change, unless an immediate change is necessary to maintain the security of the system, and you will be deemed to have received the notice three days after it is sent. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with written or electronic notice within thirty days after the change. By continuing to use the accounts or services to which these changes relate, you are accepting the changes. Changes to fees applicable to specific accounts are governed by the applicable account disclosure statement. Other General Terms. The Bank reserves the right to terminate this Agreement and your access to the Online Banking Services, in whole or in part, at any time without prior notice. If you do not access your accounts via the Online Banking Service for any six month period, your service will be disconnected without notice. You may cancel the Online Banking Services by contacting us in person at any of our office locations, or in writing, Customer Service Dept., 3670 North University Avenue, Provo, UT You must provide your name, address, whether you are discontinuing Bill Payment or all Online Banking Services, and the effective date to stop the service. In order to terminate the Bill Payment Service, you must delete prescheduled bill payments made through this service. You may be subject to additional monthly charges for the Bill Payment Service if it is closed in the

5 middle of a billing cycle. You agree to be responsible for any telephone charges or other Internet access fees incurred for accessing your accounts through the Online Banking Service. Payment Account. You may be asked to designate a payment account for selected services such as Bill Payment. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize the Bank to charge the account that you have designated as the payment account. If you close the payment account, you must notify the Bank and identify a new payment account for the selected services. Hours of Operation. Online Banking Services are generally accessible 24 hours a day, seven days a week, except when Services may be inaccessible for a reasonable period for system maintenance. We are not liable under this Agreement for failure to provide access. We may modify, suspend or terminate access to the Online Banking Services at any time and for any reason without notice. Disclosure of Information to Third Parties. We will disclose information to third parties about your account(s) or the transfer(s) you make: 1) where it is necessary for completing transfers; 2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; 3) in order to comply with government or court orders, or other reporting requirements; 4) if you give us your written permission; 5) to our affiliated companies, if any. Information concerning your account history with us will be shared within our organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within our organization and in accordance with the provisions of the Gramm Leach Bliley Act of Authorization. You affirm that you are authorized to access the information presented to you via this Service, and conduct the transactions enabled by this Service, on behalf of yourself or the entity who owns the account. Furthermore, if you are using the bank s Cash Management Service, and are the Administrator, you affirm that you have authorized the activities and transactions of all other users of this Service. Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Governing Law, Litigation, and Arbitration. This Agreement is delivered to us and accepted by us in the State of Utah, and any suit regarding this Agreement shall be brought in the state or federal courts of Utah which have exclusive jurisdiction. The parties hereto irrevocably submit and consent to jurisdiction in Utah, and each party irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to venue and jurisdiction of the Utah courts and any claim that the same has been brought in an inconvenient forum. IN THE EVENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE FOREGOING WAIVER. BY COMPLETING ENROLLMENT TO USE, AND BY USING THE ONLINE BANKING SERVICES REFERENCED IN THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, JOINTLY AND SEVERALLY.

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