1 MERIDIAN BANK ONLINE BANKING SERVICE AGREEMENT This Online Banking Service Agreement ( Agreement ) governs your use of the Online Banking Service. Please read this Agreement carefully. By accepting the Online Banking Service Agreement: You consent and agree to receive the Online Banking Service Agreement electronically. Or if you are enrolling at a branch office your banker will provide you, and you acknowledge receipt of, a paper copy of the Online Banking Service Agreement. You have reviewed and agree to the terms and conditions outlined in this Online Banking Service Agreement. You agree to receive all updates to the Online Banking Service Agreement and all disclosures, notices and other communications regarding online banking and bill payment services electronically. If you do not have the ability to print or download this agreement you may request a written copy by contacting us at (602) or, Attn: Client Services, P.O. Box 6630 Peoria, AZ Definitions As used in this Agreement, the words we, our, us and Bank mean N.A. You and your refer to the account owner(s) or authorized signer(s). Account or accounts means your deposit and/or loan accounts with us. Online Banking is our Internet Account Access online service. Document and Communication mean any customer agreements or amendments, monthly billing or account statements, tax statements/forms, modifications, correspondence, notices, disclosures, responses to claims, transaction history, privacy policies, and all other records related to the account. This includes, but is not limited to, information that we are required by law to provide to you in writing. Electronic Record means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. 2. Deposit Agreements The terms and conditions in this Agreement are in addition to any deposit account agreements you have with the Bank, including, but not limited to, your signature card, deposit account terms and conditions, the accompanying schedules and disclosures, and any change of terms notices that the Bank provides to you from time to time (together, the "Deposit Agreements"). Where a conflict may exist, the terms of this Agreement shall govern any Online Banking transactions. Some transactions permitted through Online Banking are governed by the Electronic Fund Transfer Act (the "EFTA"), and some of the terms and conditions of this Agreement are disclosures required by the EFTA. 3. Hardware and Software Requirements You are responsible for the installation, maintenance, and operation of your Computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer") and all software. Please refer to our Browser and Operating System Requirements for specific system requirements. We will inform you of any change in hardware or software requirements that may affect your access to or use of Online Banking. The Bank is not responsible for any errors or failures from any malfunction of your Computer or any software, and the Bank is not responsible for any computer viruses (including, without limitation, programs commonly referred to as malware, keystroke loggers, and/or spyware ), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is obtained at your own discretion and risk, and Bank is not responsible for any damage to your computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing, and backing up any data and information stored in or on your operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems.
2 4. Online Security To access Online Banking and initiate transactions, you will use the User ID and Password that you chose at time of application. You agree to comply with the Security Procedures Bank directs you to use, and you acknowledge and agree that the Security Procedures, including (without limitation) any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection with a Security Procedure ( Security Devices ), constitute commercially reasonable security procedures under applicable law for the initiation of transfers and access to confidential customer information. You agree to keep all Security Procedures and Security Devices, including User ID s and Passwords, protected, secure, and strictly confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Banking. You agree that you are responsible for any transactions, including any charges or fees, made by another person if you provide your Security Device(s) to another person, even if that person is not an accountholder and that such transactions will be deemed to be "authorized transactions" under the EFTA. To help safeguard your Password, you should change your Password frequently. If you forget your Password, you must contact the Bank to have a new temporary Password issued to you. There may be a delay before receiving this Password. You agree and acknowledge that it is your responsibility to protect yourself and to be vigilant against fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as phishing or pharming ). You acknowledge that Bank will never contact you by in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information. In the event you receive an or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the , provide any information to the sender, click on any links in the , or otherwise comply with any instructions in the . To the extent allowed by law, you agree that Bank is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, or internet fraud. 5. Online Account Access To subscribe to Online Banking, you must have at least one deposit or loan account with the Bank. You may gain access to the following types of deposit and loan accounts using Online Banking: Checking Accounts, Savings Accounts, Money Market Accounts, Certificates of Deposit, Consumer Loans or Lines of Credit. In most cases, you may use Online Banking to gain access to deposit accounts in which you have an unrestricted right to withdraw funds. However, the Bank may, in its sole discretion, deny Online Banking account access or restrict Online Banking account transactions under certain circumstances. 6. Business Days and Hours of Operation Online Banking can only make transfers and bill payments on Business Days. The Bank's Business Days are normally Monday through Friday, and are determined by certain cut-off times as noted in this Agreement. Weekends and holidays are not Business Days. You may, however, use your Computer to access Online Banking 24 hours a day, 7 days a week, except during any special maintenance periods. 7. Online Banking Services Depending on your particular Online Banking subscription, you may use Online Banking to perform some or all of the following online transactions: transfer funds between your deposit and/or loan accounts, make online bill payments, obtain account balances and transaction information for your deposit and loan accounts, initiate stop payments, and send secure messages to the Bank and receive secure messages from the Bank. Additional services may be included in an update to this Agreement or in other separate agreements. By using these services, you agree to be bound by the terms and conditions contained in this Agreement or in separate agreements covering those services. Certain features of Online Banking are limited by and subject to the additional terms and conditions described below: A. Funds Transfers 1. Processing Funds Transfers. Transfers from your Account will be deducted on the date you instruct us to process them. If the date you schedule a Transfer falls on a weekend or holiday, we will process your transaction the next Business Day. We may refuse to act on your Transfer instructions if sufficient funds, including funds available under any overdraft protection plan, are not available in your Account on the date you want us to make the Transfer. We can process a Transfer until 10:00 PM Central Time on a Business Day. If you schedule a Transfer for a future date, we will process the transaction after the close of Online Banking Service Agreement 2 Last revision 9/13/10
4 responsible for any acts or omissions by the non- financial institution, including without limitation, any modification, interruption or discontinuance of any Account by such financial institution. You agree that we shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) our access to the accounts; (2) our debit and/or credit or inability to debit and/or credit the accounts in accordance with your funds transfer instructions; (3) any inaccuracy, incompleteness or misinformation contained in the information retrieved on the accounts; (4) any charges imposed by any non- financial institution and/or (5) any funds transfer limitations set by the non- Financial institutions. Not all types of accounts are eligible for funds transfer. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the non- financial institution or those imposed by applicable law. Excess activity fees may apply if you exceed federally-mandated transaction limits for savings accounts. For more information, please refer to your account agreement with the financial institution that maintains your Account. 2. Transfer limitations. We may at any time decline any funds transfer that we believe may violate applicable law. a. Frequency of Transfers. There is a limit of five (5) External Transfer Credits and five (5) External Transfer Debits per day. Additionally, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. b. Dollar Amount of Transfers. There is a limit of $2,500 per External Transfer Credit transaction and $2,500 per External Transfer Debit transaction. There is also a daily limit of $10,000 for Transfer Credits and $10,000 for Transfer Debits per customer, and a monthly limit of $50,000 for Transfer Credits and $50,000 for Transfer Debits per customer. c. We may from time to time for security and risk management reasons further modify the limits on the frequency and the dollar amount of transfers you can make using our External Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of. Without limiting the foregoing, in the event that your use of the Transfer Service has been suspended and reinstated as provided herein (see Section B6, Suspension of External Transfer Service, below), you understand and agree that your use of the External Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. d. Transfers subject to the Rules of the Accounts. Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to initiate any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations. 3. Failure or Rejection of Transfers. Upon learning that the funds transfer could not be completed, we may make a reasonable effort to complete the transfer again. If the funds transfer fails, we will notify you to contact your non- financial institution to learn more about the failure. We reserve the right to decline any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the External Transfer Service. We may at our option, pay or refuse to process a funds transfer if it would create an overdraft on your account, without regard to whether we may have previously established a pattern of honoring or dishonoring overdrafts. 4. Authorization. You agree that your transfer instructions constitute authorization for us to complete the transfer. You authorize us to select any means to execute your funds transfer instructions, such as the Automated Clearing House (ACH), wire transfer or check. We will normally use the ACH. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or ACH rules as published by the National Automated Clearinghouse Association (NACHA). We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds in our transfer account pending settlement or for such period of time as we deem necessary, in Online Banking Service Agreement 4 Last revision 9/13/10
5 our sole discretion, to cover items which may be returned unpaid. Any interest earned on such funds will remain the property of. To execute your funds transfer instruction we may utilize ACH transfers, which will result in a debit to one of your Accounts and a credit to another of your Accounts. All ACH transfers go through our transfer account at. For ACH debit entries (which debit your other Account and credit your account), we typically hold funds for 2 banking days to make sure that the item will not be returned unpaid before we will credit your Account. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the payment and for any returned item fee. You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. We will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your account in the amount indicated. 5. Cancelling External Transfers. Transfers that are in process cannot be cancelled or stopped. You may cancel any transfer as long as we receive the request before 6:00 pm Central Time on the process date of the one time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is cancelled, all future transfers will be cancelled and you must reschedule it if you want transfers to be made in the future. You may cancel a transfer by logging on to Online Banking and accessing the External Transfer Service. 6. Suspension of External Transfer Service. In the event that we at any time incur a problem with your use of the Transfer Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the External Transfer Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your External Transfer Service subject to lower per-transaction and daily dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the External Transfer Service, we may in our sole discretion thereafter restore your ability to complete transfers subject to such higher limits as may then be in effect (see Section B2, Transfer Limitations, above). 7. Inconsistent Name and Number. If the instructions for a transfer under the External Transfer Service identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers. 8. The cut-off time to schedule a same-day External Transfer is 6:00 PM Central Time on a Business Day. Sufficient funds need to be available at the time they are scheduled. If you transfer funds into the account you have with us, the funds are credited to your account on the next Business Day but may not be available for use until we receive the funds from the other financial institution. This may take up to 2 business days. C. s The Bank will not immediately receive s that you send. Therefore, you should not rely on if you need to communicate to the Bank immediately. For example, if you need to report a lost or stolen card, or to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately as provided in Section 25 of this Agreement. The Bank will not take actions based on your requests until the Bank actually receives your message and has a reasonable opportunity to act. D. Overdrafts If funds are withdrawn from any of your accounts by means of electronic funds transfers, other than through Online Banking on the same business day as an Online Banking transaction, and if the account contains Online Banking Service Agreement 5 Last revision 9/13/10
6 insufficient funds to enable both the electronic funds transfer and the Online Banking transfer to be made, then the electronic funds transfer will have priority and the Online Banking transfer will be refused or will result in an overdraft on your account. This is at the Bank s sole discretion. E. Bill Payment Service To subscribe to Bill Payment, you must have at least one checking account with the Bank. If you subscribe to this service, you may use Bill Payment to make Payments from your checking account. An account that requires two or more signatures to make withdrawals may not be designated as a Payment Account. The features of the Bank's Bill Payment Service are limited by and subject to the additional terms and conditions described below as well as any information contained in the website. 1. Making Payments. To pay bills using Bill Payment, you must use a personal computer with access to the Bank's website on the Internet and authorize a Payment from a Payment Account. After your instruction is received, Payment will be made either by transferring funds electronically from a Payment Account to the Payee ( Electronic Payment ), or by preparing a check from a Payment Account payable to the Payee and sending the check to the Payee ( Check Payment ). (A "Payee" is a person or business you are paying.) When using Bill Payment, you agree that the Bank may debit a Payment Account to pay checks that have not been physically signed by you or any other authorized account signer. You agree that any Payment for taxes, Payments that are court-ordered, government payments and Payments outside of the United States are prohibited and you agree that you will not attempt to use the Service to make these types of Payments. While most Payments can be made using Bill Payment, the Bank reserves the right to refuse to pay certain Payees. You may use Bill Payment to authorize automatic recurring payments in order to pay recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month, or on the following Business Day if the regular payment day falls on a weekend or holiday. ( Business Day means Monday through Friday, excluding holidays). When you have entered and transmitted a Payment instruction, you authorize the Bank to debit the Payment Account accordingly. If there are insufficient funds in the Payment Account to make Payments you have authorized, the Bank may either refuse to pay the item or it may make the Payment and thereby overdraw the Payment Account. In either event, you are responsible for any non-sufficient funds (NSF) or overdraft charges the Bank may impose, as stated in the Deposit Agreements. The Bank reserves the right to refuse to honor Payment requests that reasonably appear to the Bank to be fraudulent or erroneous. In the event a Payment is returned to us for any reason, you authorize us, in our sole and absolute discretion, to either research and correct the Payment information, or to void the Payment and re-credit your Payment account. 2. Inconsistent Name and Number. If a Payment initiated by you describes the Payee inconsistently by name and account number, you agree that Payment by the receiving Payee (which may be the Bank) may be made on the basis of the account number alone even if that account is not owned by the person named in the Payment. To the extent permitted by applicable law, you acknowledge and agree that your obligation to pay Bank the amount of the Payment will not be excused in any circumstance described above and that you will reimburse Bank for any losses or expenses we incur as a result of our reliance of the identifying number provided in the payment. 3. Scheduling Payments. When using Bill Payment, you should enter and transmit your bill payment instructions at least five (5) business days before a bill is due. It is your responsibility to authorize your bill payments in such a manner that your bills may be paid on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions soon enough for your payment to be made and properly credited by the Payee by the time it is due. You may schedule Payments to be initiated on the current Business Day, on a future date, or the same date of each month. If you are scheduling a Payment for the current day it must be initiated prior to 8:00 pm Central Time. Although you can enter Payment information through the Service 24 hours a day, 7 days a week, the Bank only initiates on Business Days. Funds will be deducted from your Payment Account on or within two (2) Business Days. If you direct the initiation of a Payment to occur on a day other than a Business Day, it will be initiated on the following Business Day. 4. Canceling Payments. After payment requests are transmitted, you may use Bill Payment to cancel a payment (if, for example, a payment date or a payment amount is incorrect) by transmitting a request in the manner described on the applicable website no later than 8:00 p.m. Central Time the day the payment is Online Banking Service Agreement 6 Last revision 9/13/10
7 scheduled to be made. If your request to cancel a payment is not received as described, you are responsible for the payment. 5. Stopping Payments. If you wish to stop payment on a Bill Payment you previously authorized and it is too late to cancel the payment as described in Paragraph 4 above, you should contact Client Services at (602) Payments remitted electronically cannot be stopped. 6. Automatic Recurring Payments. If you wish to stop payment on an automatic recurring payment you previously authorized, you should follow the procedures for canceling payments set forth in Paragraph 4 above. Transactional information recordkeeping will begin with your initial sign-on and will accrue and remain available as history on a 120 day cycle. The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons. You may not use Online Banking for any illegal transaction. We may refuse to honor any Online Banking transaction that we believe to be illegal. 8. Non-Bank Functions Bill Payment functions similar to those described above may be available from a party other than the Bank. If you subscribe to receive Bill Payment services from a party other than the Bank, the Bank is not responsible in any way for transactions you authorize or for the service you receive. Also, there may be other functions and features associated with the software you have chosen to use, including, but not limited to, financial management software. These functions and features, such as home budgeting and mortgage comparisons, are not associated with the Bank and the Bank is not responsible for them. 9. Charges for Online Banking There are no fees for accessing your account(s) through the Bank online, making intra-bank transfers, or for making an External Transfer into your Account(s) ( Transfer Credit ); however there are fees for using our External Transfer service to transfer funds out of your Account(s) ( Transfer Debit ). You understand there is a fee of $9.95 for initiating an External Transfer Debit from your Account(s). There is no fee for making standard Bill Payments; however there are fees for the use of our Expedited Bill Payment service. You understand that the fees for the Expedited Bill Payment service are: $9.95 for same-day electronic payments, and $19.95 for overnight check payments. If funds are not available on the bill processing date that you requested, a non-sufficient fund fee ("NSF") of $33.00 will be charged, in addition to a vendor penalty fee of $ Repeated attempts may be made to withdraw funds for your requested Bill Payment. If these attempts are unsuccessful, the NSF and vendor penalty fee will be assessed for each unsuccessful attempt. Continued lack of sufficient funds may result in suspension of the Bill Payment service. The Bank may change or add fees for Online Banking and Bill Payment by following the procedures outlined in Section 19 for amending this Agreement. Unless added or modified in this Agreement, the service charges and fees provided for in the Deposit Agreements will continue to apply. You authorize the Bank to deduct all applicable fees from any deposit account you have at the Bank. 10. Reporting Unauthorized Transactions and/or Security Compromise You agree to notify us immediately, according to notification procedures prescribed by us in Section 25, if you believe that any Security Procedures or Security Devices have been stolen, compromised, or otherwise became known to persons other than you or your authorized user or if you believe that any transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, we may issue you a new Security Device or establish new Security Procedures as soon as reasonably practicable, but we shall not be liable to you or any third party for any delay in taking such actions. 11. Periodic Statements The Bank will mail or deliver to you periodic statements for your bank accounts with the regularity provided for in the Deposit Agreements. In addition to reflecting your other account activity, your statements will include any transfers or bill payments you authorize using Online Banking. If you are enrolled in Online Statements, please refer to the Online Statement Service Agreement for additional information, terms and conditions. Online Banking Service Agreement 7 Last revision 9/13/10
9 16. Error Resolution In case of errors or questions about your Online Banking transactions, please contact Client Services at (602) If you think your statement contains an error or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than 60 days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within 60 days after it sends or delivers that information to you. Tell us your name and account number(s). Describe the suspected error or the nature of the problem, or describe what information you need. Tell us the dollar amount of the suspected error. If you tell the Bank orally, it may require that you send in your complaint or question in writing within 10 business days. The Bank will tell you the results of its investigation within 10 business days after we hear from you and will correct any error promptly. If the Bank needs more time, however, it may take up to 45 days to investigate your complaint or question, in which case, the Bank will re-credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within 10 business days, the Bank may not re-credit your account. If the Bank decides that there was no error, it will send you a written explanation within 3 business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation. 17. Data Recording When you log into Online Banking to conduct transactions, the information and messages you enter will be recorded. By using Online Banking, you consent to such recording. 18. Authorized User Access You may request that another person (the "Authorized User") have access to accounts owned by you using the Online Banking service. "Access" means the Authorized User may use Online Banking to conduct transactions (including transferring funds or making payments) or obtain information on accounts owned by you. If you request an Authorized User for the Online Banking service, you authorize the Authorized User to use Online Banking to access all current and future checking, savings, and loan account(s) on which you are an individual or joint owner at the Bank or any of its affiliates. You understand and agree that you are responsible for all transactions or actions of the Authorized User on your accounts, including charges and fees, and that all transactions are deemed authorized under the EFTA. 19. Amendment of this Agreement/Change in Terms The Bank reserves the right to change the terms and conditions of this agreement at any time. We shall update this agreement on our website and may notify you of such changes by mail or electronic message. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using this service when the changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of this service and notifying us of your election by or regular mail. 20. Assignment The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. 21. Additional Terms & Conditions This Agreement is also subject to applicable Federal laws and the laws of the State of Arizona. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank s successors and assigns. Certain obligations of the parties pursuant to this Agreement that by their nature would continue beyond the Online Banking Service Agreement 9 Last revision 9/13/10
10 termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. 22. Internet Disclaimer For any Service(s) described in the Agreement utilizing the Internet, Bank does not and cannot control the flow of data to or from Bank's network and other portions of the Internet. Such flow depends in large part on the performance of Internet Services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). Bank cannot guarantee that such events will not occur. Accordingly, Bank disclaims any and all liability resulting from or related to such events and in no event shall Bank be liable for any damages (whether in contract or in tort) that are attributable to the public Internet infrastructure, your ability to connect to the Internet, or Bank's ability to connect to the Internet on your behalf. 23. Disclaimer of Warranty and Limitation of Liability We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the electronic Communications provided to you under the Agreement. We do not and cannot warrant that the service will operate without error, or that the service will be available at all times. Except as specifically provided in this Agreement, or otherwise required by Law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of this service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. 24. Termination Either you or the Bank may terminate this Agreement and your Online Banking subscription at any time upon giving notice of the termination to the other party. If you terminate Online Banking, you authorize the Bank to continue making transfers and bill payments you have previously authorized and continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized. If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized. If the Online Banking service is terminated by either party, the Bank is not liable for any losses related to payments not made as a result of termination, for example, recurring payments that are not made. 25. Notices and Bank Contact All notices and other communications provided for in this Agreement shall be in writing at the address indicated below or, if expressly permitted in the Agreement, by telephone at the number indicated below. The Bank shall be entitled to rely on any communication believed by it, in good faith, to be genuine and to have been made by you. For an Unauthorized Transaction or Error Resolution request, you must alert Client Services immediately at (602) and notify the Bank in writing by mailing your correspondence to the following address: Attn: Client Services, P.O. Box 6630, Peoria, AZ When notifying the Bank of an Unauthorized Transaction or Error Resolution, you must provide to the Bank precise information to respond to such a request, including, if applicable, your name (or the name of the person drawing the check or making the payment request), your account number(s), the name of the payee(s), the payment or transaction amount and date of the payment or transaction. You may contact Client Services at the following number if you have any questions regarding your Online Banking service or your Online Banking transactions at (602) If you have any other questions regarding your accounts or the Bank, you may contact any of our Branch locations as listed under "Contact Us" on the website. 26. Support If you have any questions about Online Banking or need any assistance, you can reach Client Services at (602) or Online Banking Service Agreement 10 Last revision 9/13/10