Online Bank mobile Disclosure

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1 Online Bank mobile Disclosure Introduction Energy One Federal Credit Union strives to provide you with the highest quality mobile banking available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the Agreement ). You will automatically have access to your account. The use of Energy One s Online Bank mobile services constitutes acceptance of this Agreement and disclosures. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Online Bank mobile. To utilize the Online Bank mobile service, you must be enrolled to use Online Bank. We may offer additional Energy One FCU mobile banking services and features in the future. Any added Energy One FCU mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Online Bank mobile service or feature is added or at the time enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel Online Bank mobile service without notice, except as may be required by law. Our mobile app is available for iphone and ipad in the itunes store, and for Android powered devices go to the Android Market. Terms and Definitions As used in this Agreement, the following words have the meanings given below: Service means Energy One s Online Bank mobile service. You and Your(s), means each person with authorized access to your Account(s) who applies and uses Online Bank mobile.

2 We, Us, and Credit Union means Energy One Federal Credit Union. Account(s) means your eligible Energy One Federal Credit Union share(s), draft, or loan information and other Energy One Federal Credit Union products that can be accessed through Online Bank mobile. Device means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan for details. Eligibility To qualify for access to Energy One s Online Bank mobile, you must be a Credit Union member in good standing and maintain at least one membership share as required by the Credit Union s bylaws. Membership not in good standing is liable to lose Online Bank mobile privileges. Acceptance of Terms and Conditions We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Energy One Federal Credit Union Online Bank mobile. The Online Bank mobile service may not be supported by all devices. Energy One Federal Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages, or out of range issues. We make no representation that any content or use of Online Bank mobile is available for use in locations outside of the United States. Online Bank mobile from locations outside of the United States is at your own risk. You understand and agree that Online Bank mobile may at times be temporarily unavailable due to system maintenance or technical difficulties. In the event any of the services included in our Online Bank mobile services are unavailable, you acknowledge that you can perform the transaction desired through any of our branches, night drop, or mail. You agree that the Online Bank mobile service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Online Bank mobile or resell, lease, rent, or distribute access to the Online Bank mobile banking service. Energy One s Online Bank mobile is available e 7 days a week, 24 hours a day, 365 days a year, although some or all of the Online Bank mobile services may not be available occasionally due to scheduled system maintenance or technical difficulties. The use of your Logon ID and password is required to Online Bank mobile. You can perform the following transactions on ALL ACCOUNT(S) TO WHICH YOU ARE AUTHORIZED AND HAVE BEEN GIVEN ACCESS TO:

3 a) Balance and account information on share/savings; draft/checking; share certificates; IRAs and loans. b) Transfers between shares/savings and draft/checking c) Transfer from your share account(s) TO other Energy One member share account(s) which you are an authorized signer. To transfer TO another Energy One account requires you to contact and/or complete a transfer form with the Credit Union. The form you complete will allow you to transfer funds TO the other account and not vice versa. d) Perform Pay it! Your online payment service Bill Pay Service transactions.. Limitations on Transfers/ Transactions Federal regulation (Reg D) requires financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Online Bank mobile is counted as one of the six (6) limited transactions permitted each monthly statement cycle period, as described in the Membership and Account Agreement and other account Disclosures. You may be subject to fees to account conversion if you exceed the transaction limits of your Account using Online Bank mobile or any other methods outlined in your Membership Account Agreement. If you exceed the transfer limitation set forth above in any statement period, the transfer may not be completed, your share and draft account will be subject to a fee, possible account closure or suspension, or we may revoke your access to Online Bank mobile. We will not be required to complete a withdrawal or transfer from your accounts if you do not have enough money in the designated account(s) to cover the transaction. You agree not to use Online Bank mobile to initiate a transaction that would cause the balance in any of your share or draft account(s) to go negative or any line of credit loan(s) to go over the limit. If you should perform such a transaction, you agree to pay us the excess amount plus any fees. We reserve the right to cancel your Online Bank mobile privileges should habitual transactions are performed and not settled. Please NOTE: Transfers completed in person at a credit union office, through an ATM or by a withdrawal check mailed directly to you are not counted toward the limit of six per month. Energy One s Online Bank mobile is offered as a convenience and supplemental service to our Online Bank services. It is not intended to replace access to Online Bank from your personal computer or other methods you use for managing your accounts and services with us. Online Bank mobile allows you to access your Energy One Federal Credit Union account information, make payments to payees, transfer funds, and conduct other banking transactions. You may not transfer to or from an Account at another financial institution using Online Bank mobile. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your

4 available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided, you agree to cover any overdraft amount plus any applicable fees. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without a notice, at our discretion. Limitation of Liability Energy One makes no warranty of any kind, expressed or implied. Energy One shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: 1) The use or inability to use the service; 2) The cost of procurement of substitute goods and services resulting from any goods, data information, or services purchased from the service; 3) Unauthorized access to your transmission; 4) Unauthorized alteration of your data; 5) Statements or conduct of the third party service provider; or 6) any other matter relating to service. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Energy One Federal Credit Union its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney s fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Online Bank mobile. You agree not to use Online Bank mobile or the content or information delivered through Online Bank mobile in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights privacy, including any rights in Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Online Bank mobile to impersonate another person or entity; (c) violate any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Online Bank mobile; (i) interfere with or disrupt the use of Online Bank mobile by any other user; or (j) use Online Bank mobile in such a manner as to gain unauthorized entry or access to the computer systems of others. Energy One s Online Bank mobile and associated services are provided as AS IS without warranties of any kind either expressed or implied. Energy One is not responsible for timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings with regards to the services being provided by Energy One, our service providers, or third party services that you might access when using Online Bank mobile.

5 Fees for Online Bank mobile. Currently, there is no monthly service fee for the use of Online Bank mobile. However, we may implement a fee as required by applicable federal and/or state regulations and in such case, we will notify you as soon as practicable. If at that time, you choose to discontinue using Online Bank mobile, please notify us in writing. Currently, Energy One does not charge fees for downloading or using Online Bank mobile. However, we may assess fees (a) as described in the applicable product or fee schedule (including applicable transfer fees); (b) for products and services purchased online. We reserve the right to institute or change fees for Online Bank mobile by sending you the required prior notice. Lost or Stolen Mobile Device or Password; Unauthorized Transfers You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Online Bank mobile. You agree not to leave your Device unattended while logged into Online Bank mobile and to log off immediately at the completion of each access by you. You agree not to provide your user name, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Online Bank mobile, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. You are responsible for all transfers you authorize using Energy One s Online Bank mobile service under this Agreement. If you permit other persons to use your Energy One Online Bank mobile password, you are responsible for any transactions they authorize or conduct on any of your accounts. You will be liable for unauthorized access to accounts through Online Bank mobile to the extent allowed by applicable federal and state law. You must tell us at once if you believe anyone has used your Energy Online Bank mobile password, log on id, member number and accessed your accounts without your authority. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500. If your statement shows Energy One s Online Bank mobile transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was made available to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from

6 making the unauthorized EFT transaction. If a good reason (such as hospital stay) kept you from telling us, we may extend the time periods. If you believe your Energy One s Online Bank mobile password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us AT ONCE at or by to info@energyone.org. Right to Terminate Energy One Federal Credit Union reserves the right to terminate this service at any time at its discretion. In Case of Errors or Questions about Your Account Please refer to the Membership and Account Agreement given at the account opening for a description of the error resolution process as well as how transfer and deposits are processed on your account. If you need a copy of the agreement or have additional questions regarding Energy One Federal Credit Union Online Bank mobile please contact us by using one of the following methods: Telephone toll free at info@energyone.org Send a message directly from your Online Bank Energy One Federal Credit Union 6100 South Yale Avenue Ste. 100 Tulsa, OK Enjoy accessing your account thru Energy One s Online Bank mobile!!