- ONLINE BANKING SERVICES AGREEMENT -

Transcription

1 - ONLINE BANKING SERVICES AGREEMENT - Ths Bank Leum USA Electronc Sgnature and Onlne Bankng Servces Agreement ("Agreement"), as amended from tme to tme n the sole dscreton of Bank Leum USA, ("Bank Leum") governs the use of, access to, and transactons effected on Bank Leum's Onlne Bankng Servces ("Onlne Bankng"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE BANK LEUMI WEBSITE ("WEBSITE"), THE UNDERSIGNED USER ("USER"), AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE TERMS OF USE AS PUBLISHED ON THE WEBSITE THE DISCLOSURES PUBLISHED AND MADE AVAILABLE ON THE WEBSITE, AND, WHERE APPLICABLE, THE SEPARATE AGREEMENTS AFFECTING CERTAIN PRODUCTS OFFERED BY BANK LEUMI WHOSE FUNCTIONALITY IS OFFERED ON THE WEBSITE (COLLECTIVELY "TERMS"). THESE TERMS AND THE FUNCTIONALITY OF THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE TO USER. IF THE USER DOES NOT AGREE WITH THESE TERMS, AND/OR TERMS AS AMENDED, THE USER SHOULD NOT ACCESS THE WEBSITE. EACH ACCESSING OF THE WEBSITE IS A REAFFIRMATION BY USER OF THE TERMS IRRESPECTIVE OF WHETHER SUCH TERMS MAY HAVE CHANGED FROM THE TIME USER FIRST ACCESSED THE WEBSITE OR WHETHER THE FUNCTIONALITIES HAVE CHANGED OR HAVE BEEN RECONFIGURED. Agreement Contents ELECTRONIC DISCLOSURE AND ELECTRONIC SIGNATURE... 2 ACCESS TO ONLINE BANKING... 4 ONLINE BANK SERVICES FOR ELIGIBLE ACCOUNTS... 7 LIMITATION OF LIABILITY INTELLECTUAL PROPERTY RIGHTS AND ENFORCEABILITY AGREEMENT Page 1

2 ELECTRONIC DISCLOSURE AND ELECTRONIC SIGNATURE GO BACK The Electronc Sgnatures n Global and Natonal Commerce Act ("ESIGN") requres User's approval before Bank Leum may provde servces to User electroncally. Please read ths Electronc Dsclosure for Electronc Sgnatures ("EDESA") carefully and save or prnt a copy. IF USER DOES NOT PROVIDE ITS ELECTRONIC SIGNATURE AND CONSENT TO CONDUCT BUSINESS ELECTRONICALLY, USER WILL NOT BE ABLE TO PROCEED WITH OPENING USER'S ACCOUNTS ONLINE. Ths EDESA governs certan of User's and Bank Leum's rghts and responsbltes concernng Onlne Bankng. Electronc Sgnature User consents and agrees that User's use of a keypad, mouse or other devce to select an tem, button, con or smlar act/acton whle usng Onlne Bankng, or n accessng or makng any transacton thereon consttutes User's sgnature, acceptance and agreement as f actually sgned by User n wrtng. Further, User agrees that no certfcaton authorty or other thrd party verfcaton s necessary to valdate User's electronc sgnature, and that the lack of such certfcaton or thrd party verfcaton shall not n any way affect the enforceablty of User's sgnature or resultng agreement as between User and Bank Leum. USER UNDERSTANDS AND AFFIRMS THAT USER'S E-SIGNATURE PROVIDED IN CONJUNCTION WITH THE ELECTRONIC SUBMISSION OF THIS AGREEMENT SHALL BE LEGALLY BINDING AND SUCH TRANSACTION SHALL BE CONSIDERED AUTHORIZED BY USER. Consent By enrollng, User consents and agrees to receve documents electroncally ncludng dsclosures and notces that Bank Leum may need to provde to User. User also agrees to receve electronc statements (e-statements) for any account(s) User mantans wth Bank Leum. Wthdrawng Consent User may wthdraw ts consent to receve documents electroncally by callng Bank Leum at , e-malng Bank Leum at: [email protected], by wrtten correspondence delvered to: Bank Leum USA Attn: Cash Management Servces 420 Lexngton Avenue, 10 th Floor New York, NY or n person at a Bank Leum USA branch. Any wthdrawal of User's consent wll be effectve only after Bank Leum has had a reasonable perod of tme to process User's wthdrawal request. Page 2

3 Separately, Bank Leum, n ts sole dscreton, may termnate ths Agreement at any tme, wthout pror notce. Equpment Requrement User wll need a personal computer, modem, a web browser and access to the Internet/World Wde Web. User s responsble for the nstallaton, mantenance and operaton of User's computer, modem and software. Bank Leum s not responsble for any errors or falure nvolvng any telephone or nternet servce, software nstallaton, or malfunctons of any knd of or to User's computer or related equpment. Browser and other Requrements For a secure system, Bank Leum recommends usng an nternet browser wth an encrypton level of at least 128-bt. The current requrements, whch may change from tme to tme, nclude: Suffcent free dsk space on a hard drve to retan documents A modem or other devce permttng connecton to the nternet An nternet browser that can support the servce. Recommendatons nclude Mcrosoft Internet Explorer, and Mozlla Frefox An e-mal account wth the ablty to access attachments n e-mal An up to date verson of ADOBE Acrobat Reader. Ths may be downloaded free at An up to date verson of Adobe Flash Player. Ths may be downloaded for free at An up to date verson of Java. Ths can be downloaded for free at Permsson for "cookes" n the browser securty system may be requred. To protect your account nformaton from unauthorzed access, the User should always logout of the system when each sesson s complete. The computer should be routnely scanned wth vrus protecton software. The User should also consder a frewall (hardware and/or software) and perodcally update computer operatng systems and Internet browsers for crtcal securty related patches. Bank Leum wll post on the Webste any changes n hardware or software requrements that may affect the User's access to or use of the servce, so the User should perodcally check for posted nformaton from Bank Leum. Page 3

4 ACCESS TO ONLINE BANKING GO BACK Subject to the Terms heren, the User s granted permsson to access and use Onlne Bankng through the Webste to manage ts Elgble Accounts as herenafter defned. Access to the Webste s avalable only to consumer Users submttng an orgnal, executed Onlne Bankng Servces Agreement, whch s accepted by Bank Leum, and commercal entty Users submttng an orgnal, executed Onlne Bankng Servces Agreement, and an Authorzaton, accepted by Bank Leum, desgnatng a customer admnstrator ("Customer Admnstrator") who wll be granted authorty to delegate and assgn Webste access rghts and permssons to users on behalf the commercal entty. Authorzed Account Owners For consumer Users, f an Elgble Account s owned by more than one person, each such person ndvdually s an authorzed account owner and has the rght to provde Bank Leum wth nstructons, make any decson, obtan any nformaton or make any request assocated wth the Elgble Account and related Onlne Bankng servces, to the extent provded for heren. Bank Leum may rely and act upon the nstructons of any authorzed account owner. If Bank Leum provdes notce to one Jont Owner, all Jont Owners are deemed to have receved notce. Access to certan Onlne Bankng servces may requre Jont Owners to have a separate and unque log n. Elgble Accounts for purposes of Onlne Bankng nclude authorzed owner's savngs, checkng, money market and nvestment accounts but do not nclude: Payable on Death (POD) or In Trust For (ITF) accounts; trust accounts; custodal accounts; estate accounts; or Indvdual Retrement Accounts. For commercal entty Users, a duly authentcated and completed Authorzaton must be delvered to and accepted by Bank Leum n order to grant ndvduals desgnated theren access to Onlne Bankng. Webste Content and Product Descrptons The nformaton and materals contaned on the Webste, and the terms and condtons of the access to the Webste are subject to change wthout notce. The products and servces descrbed, as well as assocated fees, charges, nterest rates, balance requrements, and any other monetary assessment or charges assocated wth the products or servces may change at any tme and may dffer among geographc locatons. Not all products and servces may be offered at all locatons. Avalablty of Webste BANK LEUMI OR ITS AGENTS MAY DISCONTINUE OR MAKE CHANGES TO THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN OR ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO USER AND WITHOUT ANY LIABILITY TO USER. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND BANK LEUMI DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. BANK LEUMI Page 4

5 RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE WEBSITE AND INFORMATION, PRODUCTS AND SERVICES THROUGH SUCH WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY BANK LEUMI TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW. Tokens, Rsk of Loss, Notfcaton Requrements Tokens wll be ssued to every approved User of the Webste permttng access thereto. Bank Leum shall, at all tmes, reman the owner of the tokens, and each User shall be responsble for returnng the ssued token to Bank Leum upon termnaton of access to the Webste. Each User s responsble for mantanng possesson of the ssued token, and preventng an unauthorzed person to gan access to such token and/or ts related Personal Identfcaton Number ("PIN") Securty of the User's transactons s mportant to Bank Leum. Use of the Webste wll therefore requre a PIN or password. If a token s lost and/or f a PIN has been compromsed or f the User forgets the PIN or password, the User must mmedately call durng normal busness hours. Bank Leum wll accept as authentc any nstructons gven through the use of the User's password or PIN. User agrees to keep the PIN and password secret and to notfy Bank Leum mmedately f User's PIN or Password s lost or stolen or f User beleves someone else has dscovered the PIN or password. User agrees that f User gves the PIN or password to someone else, User s authorzng them to act on User's behalf, and Bank Leum may accept any nstructons they gve to make transfers or otherwse use the Webste. User may change ther password at any tme. Bank Leum does not assume any lablty or otherwse guarantee the securty of nformaton n transt to or from Bank Leum's facltes. Bank Leum reserves the rght to (1) montor and/or record all communcatons and actvty related to the Webste; and (2) requre verfcaton of all requested transfers n the manner Bank Leum deems approprate before makng the transfer (whch may nclude wrtten verfcaton by User). User agrees that Bank Leum's records wll be fnal and conclusve as to all questons concernng whether or not User's PIN or password was used n connecton wth a partcular transacton. If any unauthorzed use of User's PIN or password occurs User agrees to (1) cooperate wth Bank Leum and approprate law enforcement authortes n dentfyng and prosecutng the perpetrator; and (2) provde reasonable assstance requested by Bank Leum n recoverng any unauthorzed transfer of funds. The User must notfy Bank Leum mmedately f User beleves the PIN or password has been lost or stolen. Telephonng s the best way to keep possble losses down. User could lose all of the money n User's account (plus User's maxmum lne of credt). Under current law, whch s subject to change, f User tells Bank Leum wthn two (2) busness days User can lose no more than $ If User does NOT tell Bank Leum wthn two (2) Page 5

6 busness days after User learns of the loss or theft of the PIN or password, and Bank Leum can prove t could have stopped someone from usng User's PIN or password wthout User's permsson f User had told Bank Leum, User could lose as much as $ Also, f User's statement shows unauthorzed transfers, tell Bank Leum at once. If User does not tell Bank Leum wthn sxty (60) days after the statement was maled to User, User may not get back any funds t lost after the 60 days f Bank Leum can prove that t could have prevented someone from takng the funds f User had told Bank Leum n tme. Bank Leum shall not be responsble f a token ceases to functon, and therefore lmts User access to the Webste. Tokens contan an expraton date. Bank Leum wll ssue a new token before the expraton date of a current token, unless User nstructs otherwse, and shall charge a fee for such replacement. A token that ceases to functon pror to the expraton date shall be replaced wthout cost, provded the non-functonng token s returned to Bank Leum and contans no evdence of abuse. USERS ARE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES OF UNAUTHORIZED USE OF THE TOKEN, PIN, CUSTOMER ID AND PASSWORDS INCLUDING LOSS OF FUNDS. BANK LEUMI RESERVES THE RIGHT, AT ANY TIME AND WITHOUT NOTICE, TO TERMINATE OR SUSPEND TOKEN FUNCTIONALITY, PIN, CUSTOMER ID OR PASSWORDS. Unauthorzed Use Unauthorzed use of Bank Leum's Webste and systems, ncludng but not lmted to unauthorzed entry nto Bank Leum's systems, msuse of passwords, or msuse of any nformaton posted to a ste s forbdden. User agrees not to attempt to log on to the Webste from any country under sanctons by the Offce of Foregn Assets Control ("OFAC"). Any attempt to log on to the webste from such sancton countres may result n User access beng restrcted or termnated. A lst of sanctoned countres may be found on the U.S. Department of Treasury's webste. Page 6

7 ONLINE BANK SERVICES FOR ELIGIBLE ACCOUNTS GO BACK Not all Onlne Bankng Servces are avalable for each type of account. However, the sute of products offered through the Onlne Bankng Servces, the full descrptons of whch are found n the FAQs accessed through the Webste, ncludes: Informaton Reportng Stop Payments Account Transfers ACH ACH Returns Wre Transfers Postve Pay Bll Pay Stop Payments User may stop payment on a check drawn on a Bank Leum checkng account by callng or by requestng a stop payment through Onlne Bankng. A stop payment request wll be effectve f Bank Leum receves such request at tme and n such manner as to afford Bank Leum a reasonable opportunty to act upon the order. The stop payment order s effectve for sx (6) months. To process the request Bank Leum shall requre the date, amount, number of tems, and payee name. Bank Leum's acceptance of a stop payment order does not consttute a representaton that the tem has not already been pad, or that Bank Leum has a reasonable opportunty to act upon the order. User may not stop payment on an tem after acceptance of the tem by Bank Leum. Bank Leum shall, from tme to tme, publsh a fee schedule for stop orders. Should Bank Leum fal to stop payment on an tem for whch a tmely request s made, Bank Leum's lablty shall be lmted to the face amount of the tem. User may stop pre-authorzed payments by callng or through wrtten correspondence n tme for Bank Leum to receve User's request three (3) busness days pror to the scheduled payment date. Account Transfers Account transfers may be structured as ether on a one-tme or recurrng bass and may be made from a lnked Bank Leum checkng, savngs, money market account or nvestment account to a lnked checkng or savngs account. Transfers from a depost account shall be mmedately Page 7

8 reflected on the account's avalable balance. Transfers to a depost account wll be reflected same day f occurrng pror to 10 P.M. otherwse shall be reflected on the next busness day. Wre Transfers User shall be permtted to utlze the wre transfer functon to transfer funds electroncally from desgnated Bank Leum accounts to User accounts at other fnancal nsttutons or to thrd partes. Bank Leum may use any means, n ts sole dscreton, to execute transfers ncludng, but not lmted to: Fedwre, a funds transfer system operated by the Federal Reserve Banks; CHIPS (Clearng House Interbank Payments System) a funds transfer system operated by The Clearng House; or SWIFT (Socety for Worldwde Interbank Fnancal Telecommuncaton). Such executon processes may be governed by Federal Reserve Regulaton J, and Federal Reserve operatng crculars governng payment orders, the CHIPS operatng rules and/or the SWIFT operatng rules, as the case may be. The transacton nformaton entered must be fully accurate, exact and complete. The benefcary bank may post wre transactons based upon the desgnated account number rrespectve of whether the desgnated payee name matches the account name. User shall be lable for such transactons, and accordngly should confrm the accuracy of the benefcary's account number before submttng the wre nstructons. Wre nstructons submtted to Bank Leum are not subject to cancellaton or modfcaton once Bank Leum executes the nstructons by releasng such nstructons to Fedwre, CHIPS, SWIFT or other transfer system, or other applcable ntermedary or benefcary bank, Bank Leum shall not be bound by User nstructons to cancel or modfy a wre transfer nstructon unless User provdes complete and accurate nformaton concernng User's orgnal wre transfer nstructons pror to executng on the orgnal wre nstructons. Wre transfers may be structured as ether on a one-tme or recurrng bass and may be made from a lnked Bank Leum checkng, savngs, money market account or nvestment account to a lnked checkng, savngs or nvestment account owned by User or someone else at another fnancal nsttuton. Commercal customers may transfer funds from ther busness checkng account to an ndvdual, vendor, or other commercal entty's account at another fnancal nsttuton. Pror to schedulng a transfer to an ndvdual, User shall have obtaned a sgned authorzaton from the payee whch shall reman vald and unrevoked. User shall provde a copy of that authorzaton to Bank Leum upon ts request. Pror to schedulng a transfer to a vendor or other commercal entty, User shall have receved authorzaton to make payment and/or transfer by electronc means. User shall be requred to provde certan dentfyng nformaton about each non-bank Leum account as a condton of establshng such account as the recpent of funds. For domestc outbound transfers, funds shall be debted from User's Bank Leum account on the busness day User drects the ntaton of the transfer and wll typcally be credted to the recevng account on the thrd busness day after the transfer s ntated. For domestc n bound transfers funds debted from an account outsde Bank Leum for delvery to a Bank Leum account s subject to the Page 8

9 terms and condtons of the delverng nsttuton. Bank Leum s not responsble for any falure or delay of another fnancal nsttuton to process funds or act n a tmely manner. For Internatonal outbound transfers, funds shall be debted from User's Bank Leum account on the busness day User drects the ntaton of the transfer and wll typcally be credted to the recevng account on the second busness day after the transfer s ntated. If User s requestng a wre transfer to be sent outsde of the Unted States, User does so at ts own rsk. Bank Leum wll not be lable for any reason f the funds are not receved or are msappled durng the wre transfer process. Bank Leum wll not be lable for consequental damages n the event that loss s sustaned because t has faled to carry out nstructons n a reasonable manner. Wre Transfers n U.S. Dollars All wre transfer transactons, both domestc and nternatonal, can only be performed n Unted States Dollar currency. Wre transfers transactons n foregn currences must be drectly communcated through your account representatve. Transfer Process User represents that t wll have, at all tmes, suffcent avalable unencumbered funds n the desgnated accounts to cover Wre Transfers on the dates scheduled. If the desgnated account does not have suffcent avalable unencumbered funds on such date(s), Bank Leum may elect to refuse the ntaton of any or all requested transfers. Should Bank Leum elect to ntate the transfer as requested, notwthstandng the nsuffcency of funds n the desgnated account, such transfer may cause an overdraft n the desgnated account. The User shall be lable for the overdraft and any overdraft fees mposed thereon by Bank Leum. Cancellng Transfers User may cancel requested one tme or recurrng transfers pror to 5:00PM EST on the busness day mmedately precedng the date processng s scheduled to be ntated n wrtng n a form and manner of delvery acceptable to Bank Leum. Account Transfer Fees User may ncur fees for nbound and outbound transfers as establshed by Bank Leum from tme to tme. By requestng the ntaton of any such account transfer, User agrees to pay the Account Transfer fee then n effect as publshed by Bank Leum from tme to tme. All account transfers shall be subject to revew by Bank Leum based upon transfer orgnator or recpent, the amount of the transacton, User's relatonshp wth Bank Leum, ant-money Page 9

10 launderng, fraud and authentcaton screenng, and any other factors mandated by Bank Leum, regulaton or law. ACH Orgnatons User shall be permtted, subject to executon of the Bank Leum ACH Servces Agreement and Bank Leum's polces and procedures, to orgnate ACH orgnaton through Onlne Bankng by enterng nstructons to transfer funds, va the automated clearnghouse system to or from User's desgnated accounts, or User's accounts at other depostory nsttutons, or wth thrd party accounts, pursuant to pror authorzaton obtaned by User and delvered to Bank Leum. The transacton nformaton entered must be fully accurate, exact and complete. The recevng bank may post ACH transactons based upon the desgnated account number rrespectve of whether the desgnated payee name matches the account name. User shall be lable for such transactons, and accordngly should confrm the accuracy of the recevng party's account number before submttng the ACH nstructons. Bank Leum's cutoff tme for executon of ACH transactons, and the fees mposed n connecton wth ACH transactons are publshed by Bank Leum from tme to tme. User's request for ntaton of an ACH transacton s confrmaton and acceptance of such terms and fees n effect at such tme of the request. Dual Control for commercal entty Money Transfer and ACH Orgnatons All Money Transfer and ACH transactons on behalf of commercal enttes requre approval and nput by an approved Authorzed Sgnatory as set out n the Authorzaton. Postve Pay User shall be permtted to utlze Bank Leum's Postve Pay servce to transmt to Bank Leum User's postve pay ssue fle, enter manual entres to User's ssue fle, vew postve pay suspect tems, and nstruct Bank Leum to pay or return such tems. From tme to tme Bank Leum shall publsh the daly cutoff tmes for whch t must receve User's pay or return nstructons on suspect tems. Should Bank Leum not receve nstructons by such cutoff tme, Bank Leum shall be enttled to return suspect tems and shall have no lablty or responsblty regardng nstructons receved after such deadlnes. Bank Leum shall be enttled to rely on good fath from any person reasonably beleved to be User's authorzed representatve and who requests Bank Leum to pay or return a suspect tem. Bll Pay Bank Leum offers Users a Bll Pay servce through ts desgnated servce provder. Users may access ths servce by clckng on the Bll Pay con on the Webste Homepage, and completng the agreements and nstructons on that ste. Indvdual and consumer customers wll be able to transact an unlmted number of Bll Pay transactons, per month, free of charge. Commercal customers wll be able to perform ten [10] Bll Pay transactons per month, free of charge. Page 10

11 Commercal customers exceedng ten [10], and up to twenty-fve [25] Bll Pay transactons per month, wll be charged $1.00 per transacton. Commercal customers exceedng twenty-fve [25] Bll Pay transactons per month wll be charged $.50 per transacton. Bank Leum shall not, n any manner, be responsble or lable for any blls not pad tmely, ncorrect amounts sent, msdrected payments to ntended recpents. User agrees to hold Bank Leum harmless from all loss, cost, expenses, of any kng whatsoever, n connecton wth the Fserv Bll Pay servce. Page 11

12 RECORDS, AGREEMENTS, DISRUPTION OF SERVICE GO BACK Avalable Records, Informaton, Storage of Data Transacton nformaton, ncludng balance nformaton, obtaned through the Webste s recorded as of the close of busness the prevous busness day. Certan actvtes may be recorded ntra-day or be avalable earler; however Bank Leum does not guarantee a recordng tmeframe earler than the close of the prevous busness day. Such nformaton s provded for convenence only and shall not be consdered a substtute for statements reflectng transacton detals. Any such nformaton may be stored on the servers of Bank Leum's thrd party servce provders or ther afflates worldwde. Separate Agreements Unless there exst separate agreements between the User and Bank Leum to the contrary, Bank Leum: should not be consdered a fducary n any manner for the User; shall not act on any requests, nstructons or orders by e-mal; s not and shall not provde any nvestment advce or recommendatons for any product or ts sutablty; and s not actng as an nvestment advsor to User. Webste Avalablty and Dsrupton of Servce Bank Leum does not warrant the Webste wll be avalable at any partcular tme or through any partcular medum. Bank Leum shall have no lablty to any User for dsrupton of servce for any reason. Access to the Webste may, from tme to tme, be unavalable, delayed, or lmted, due to: hardware falure, ncludng but not lmted to falures of computers (ncludng User's own computer), servers, networks, telecommuncaton lnes and connectons, and other electronc and mechancal equpment; software falure, ncludng but not lmted to bugs, errors, vruses, confguraton problems, ncompatblty of systems, utltes or applcatons, the operaton of frewalls, screenng programs, unreadable codes, or rregulartes wthn partcular documents or other content; overload of system capactes; damage caused by severe weather, earthquakes, wars, nsurrecton, rots, cvl commoton, acts of God, accdent, fre, water damage, exploson, terrorst actvty, mechancal nterrupton or natural dsasters; nterrupton, ncludng partal, of power supples of other servce utltes; strkes or other labor stoppage; governmental regulatons, rulngs, admnstratve or legal orders; or any other cause whatsoever beyond the control of Bank Leum. Page 12

13 LIMITATION OF LIABILITY GO BACK IN ADDITION TO THE LIMITATION OF LIABILITY SET FORTH IN THE WEBSITE AVAILABILITY AND DISRUPTION OF SERVICE PROVISION, THE WEBSITE INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". BANK LEUMI AND ANY THIRD PARTY PROVIDER ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE. BANK LEUMI AND ANY THIRD PARTY PROVIDER SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR HARMFUL CODES, OR FITNESS FOR ANY PARTICULAR PURPOSE. BANK LEUMI DISCLAIMS ANY LIABILITY FOR REASONS OF DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. BANK LEUMI WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY USER DUE TO CAUSES BEYOND BANK LEUMI'S CONTROL BANK LEUMI IS NOT GRANTING ANY LICENSE TO USER NOR SHOULD ANY BE IMPLIED IN THIS TERMS OF USE. BANK LEUMI DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. UNDER NO CIRCUMSTANCES SHALL BANK LEUMI BE LIABLE FOR ANY COSTS, LOSSES, EXPENSES, LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF, OR THE INABILITY TO USE, THE WEBSITE OR PRODUCTS OFFERED THEREON, OR ANY PORTION THEREOF REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR WHETHER BANK LEUMI WAS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. Page 13

14 INTELLECTUAL PROPERTY RIGHTS AND ENFORCEABILITY GO BACK Copyrght Notces The works of authorshp contaned n the Webste ncludng but not lmted to all desgn, text, sound recordngs and mages, are owned, except f otherwse expressly stated, by Bank Leum USA, ts parent Bank Leum Le-Israel B.M., or a subsdary or afflate thereof. Except as otherwse expressly stated heren, they may not be coped, transmtted, dsplayed, performed, dstrbuted (for compensaton or otherwse), lcensed altered, framed, stored for subsequent use or otherwse used n whole or n part n any manner wthout Bank Leum's pror wrtten consent, except to the extent permtted by the Copyrght Act of 1976 ( 17 U.S.C. 107), as amended, and then, only wth notces of Bank Leum's propretary rghts provded that User may download nformaton and prnt our hard copes for User's personal use, provded User does not remove any copyrght or other notce as may be contaned n nformaton as downloaded. Trademark Notces Bank Leum USA s the legal and along wth "Leum" the marketng names for the consumer and busness retal fnancal servces offered by Bank Leum USA n the Unted States. "Bank Leum USA", "Leum", and the Leum logo are trademarks of Bank Leum. Lnks and Thrd Partes THE WEBSITE MAY CONTAIN LINKS TO OTHER SITES CONTROLLED OR OFFERED BY THIRD PARTIES UNRELATED TO BANK LEUMI. BANK LEUMI HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THE WEBSITE. BY CREATING A LINK TO A THIRD PARTY SITE, BANK LEUMI DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT SUCH SITES, NOR IS BANK LEUMI LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTIES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF BANK LEUMI AND THE THIRD PARTY SITES MAY PROVIDE LESS SECURITY THAN THE WEBSITE. Enforceablty and Governng Law In the event any of the terms or provsons of these Terms of Use shall be held to be unenforceable, the remanng terms and provsons shall be unmpared and the unenforceable term shall be replaced by such enforceable term or provson to effect the ntenton underlyng the unenforceable term or provson. Ths Terms of Use shall be subject to any other agreement or commtment User has entered nto wth Bank Leum. User's access to the Webste and the terms of ths Terms of Use are governed by the laws of the State of New York and the federal laws of the Unted States of Amerca, as applcable. Page 14

15 AGREEMENT GO BACK By clckng the I accept box below the User: 1. Consents that such acton consttutes ts electronc sgnature; 2. Consents to receve all documents, dsclosures and statements from Bank Leum electroncally; 3. Requests access to Onlne Bankng; 4. Agrees to the requrements affectng tokens and ther use; 5. Agrees to mantan and properly delver the lst of authorzed Users; 6. Acknowledges the dsclosures provded and wll thoroughly revew all new and/or updated dsclosures as they are made avalable from tme to tme; 7. Agrees to provde changes to Customer Admnstrator's delegate tmely and acknowledges Bank Leum's relance on the nformaton provded and on fle; 8. Acknowledges and agrees to Bank Leum's lmtaton of lablty; Page 15