Electronic Banking Agreement

• Aa
• Aa
• Aa

Electronic Banking Agreement

This Electronic Banking Agreement (the “Agreement") governs your use of First Community Bank and Trust's electronic banking services (collectively, the “Services"). By using any Service, you agree to the applicable terms below.

Section I — General Information

A. Definitions

The following terms are used throughout this Agreement:

B. Service Descriptions

First eBanc / First eBanc Mobile / First eBiz / First eBiz Mobile

These services allow you to: (1) view balances and transaction history on linked deposit and loan accounts; (2) transfer funds between linked accounts; (3) download account information to your computing device; and (4) set up and manage account alerts.

First eBiz also allows you to: issue stop payments on checks; originate direct deposit payroll; originate EFTPS federal tax payments; and deposit checks (separate Terms and Conditions apply).

First eAlerts Account Notifications

First eAlerts keeps you up-to-date on your account activity. Especially purchases made and cash accessed at an ATM using your FCBT Debit MasterCard. 

First ePay Bill Payment Service

Allows you to schedule payments to U.S.-based third-party payees in U.S. dollars from your designated primary checking account. Payments are made electronically or by check drawn on a Bank payment account.

Mobile Deposit (First eBanc Mobile) 

Allows you to use your mobile device camera to deposit individual checks to your linked deposit accounts (separate terms and conditions apply).

TransferNow External Transfers

TransferNow External Transfers allows customers to securely move money between their First Community Bank and Trust accounts and accounts they own at other financial institutions. The service provides a convenient way to transfer funds without writing checks or visiting a branch.

Zelle®

Available through First eBanc and First ePay. Zelle may only be used for person-to-person payments from your designated primary checking account.

C. Account Access and Authorization

To use the Services, you must register individually or in your business name and select a password. You may access deposit accounts you own (individually, jointly, or in a business name) from which you have an unrestricted right to withdraw funds. The Bank reserves the right to limit the types of accessible accounts.

You are responsible for all transfers made using your credentials, including transfers made by any authorized representative. Single-person authorization is sufficient for electronic transfers, regardless of any multi-signature requirements in other account documents.

If you share your access credentials with another person/entity, you are responsible for all transactions that person/entity makes, even if they exceed your authorization.

D. Related Agreements

Your deposit accounts remain governed by: (1) the Deposit Agreement and Disclosures; (2) the applicable Personal or Business Schedule of Fees; and (3) the applicable Miscellaneous Fees schedule, each as amended from time to time. If this Agreement conflicts with those documents, this Agreement controls.

E. Technology Requirements

To access the Services, you need a supported operating system, compatible browser and an active Internet connection. Contact us for the current list of compatible browsers and operating systems.

You are responsible for the installation, maintenance, and operation of your computing device and software. The Bank is not liable for any errors or failures caused by device or software malfunctions, viruses, or other problems associated with your technology.

F. Account Information Accuracy

The Bank strives to provide complete, accurate, and timely account information but, unless otherwise required by law, is not liable for information that is unavailable, delayed, or inaccurate. Liability for electronic funds transfer errors is described in Sections III and IV.

G. Disclosure of Account Information

We may share information about your account or transactions only:

• when necessary to verify or complete a payment or transfer, or resolve a related problem;

• to verify account existence and status with third parties such as credit bureaus or merchants;
• to comply with government agency or court orders; or
• with your written permission (including by email).

See our Privacy Policy for more information.

Section II — Service Operation

A. Availability

The Services are generally available 24 hours a day, 7 days a week. Scheduled maintenance windows will be posted on our website. Unscheduled outages may occur; we will work to minimize disruptions.

B. Transaction Limits

Transfers may not exceed the available balance in the source account. Line-of-credit transfers are limited to the available credit balance. For External Transfers, per-transaction and daily limits may also apply and are displayed in the Service.

C. Scheduling Transfers

Transfers submitted before 5:00 p.m. Central Time on a Business Day are treated as received that day. Transfers submitted after 5:00 p.m. or on a non-Business Day are treated as received the following Business Day.

You may schedule one-time or recurring (“fixed") transfers. Recurring transfers scheduled for the 28th, 29th, 30th, or 31st of the month will process on the last calendar day of shorter months. If a scheduled transfer date falls on a weekend or bank holiday, the transfer will process on the next Business Day.

Example: A recurring transfer scheduled for the 31st of each month will process on February 28th (or 29th during a leap year). If that date falls on a Sunday, the transfer will process on Monday.

D. Eligible Accounts for Transfer

Consumer customers may transfer between personal checking, savings, money market accounts, personal home equity loans, and sole-proprietor Checking accounts. Business customers (other than sole proprietors linked to a personal registration) may transfer only between accounts held by the same owner.

Transfers sent before 5:00 p.m. Central Time are available in the receiving account for items presented through the collection process that same day.

E. Savings and Money Market Transfer Limits

You may make transfers with your savings or money market account in accordance with account terms and conditions. Transfer limits and fee amounts are set out in the Fee Schedule provided at account opening. You may also obtain the current Fee Schedule by calling 708-946-2246 or 708-258-0530.

F. Bill Payments

All bill payments are made from your designated primary checking account. Only one primary account per registration may have bill payment capability. Sole proprietors who link business accounts to a personal registration must designate a personal account as primary.

Payees must be U.S.-based, and payments must be in U.S. dollars. The Bank reserves the right to restrict certain payee categories. You are responsible for scheduling payments with sufficient lead time — at least six (6) Business Days before the payment due date (not including grace periods). If you schedule correctly and the payment is still late, we will work with the payee on your behalf to attempt to reverse any late fees or penalties.

Funds must be available in your primary account on the scheduled initiation date. After funds are withdrawn, payment is remitted electronically or by check, typically the next Business Day.

The Bank is not liable for: insufficient funds on the processing date; mail delivery delays; payee address or account number changes not reported to us in advance; a payee's failure to properly credit a payment; or other circumstances beyond our control.

G. Insufficient Funds

If your account lacks sufficient funds on the scheduled payment date, the payment will not be processed and you will be charged a fee (see the Fee Schedule). The Bank will not automatically retry the payment and has no obligation to notify you of the failed attempt. You must either make alternative arrangements or reschedule through the Service. Recurring payments scheduled for future dates are unaffected.

H. Canceling or Modifying Transfers

To cancel or change a transfer, use the Service directly before 5:00 p.m. Central Time on the scheduled initiation date. After that cutoff, changes cannot be made online.

If you cannot use the Service, contact us at least three (3) Business Days before the scheduled initiation date by phone at 708-946-2246, or by mail at First Community Bank and Trust, 1111 Dixie Highway, Beecher, IL 60401. Phone requests require written confirmation within 14 days. If we do not receive a timely cancellation request, the Bank is not liable for any resulting losses.

I. Transaction Records

Successfully processed transactions appear in the transactions option within the Service and on your monthly account statement.

J. Reporting Unauthorized Use

If you believe your password has been compromised or that unauthorized transfers have occurred, contact us immediately:

• Phone: 708-946-2246

• Mail: First Community Bank and Trust, 1111 Dixie Highway, Beecher, IL 60401

We may require you to sign an affidavit regarding any suspected unauthorized transfer. Customer representatives are available Monday–Friday, 8 a.m.–6 p.m. Central Time, and Saturday, 8 a.m.–12 p.m. Central Time.

K. Electronic Mail

Email sent through the Service is received by the Bank on the following Business Day. Do not use email for time-sensitive matters such as reporting unauthorized transactions or canceling payments — call us instead. For businesses, stop payment requests on checks should be submitted through First eBiz. For consumers (First eBanc users), stop payments requests should be made by telephone or in person.

The Bank may respond to claims or questions by email. Such emails are deemed received within three (3) days of the date sent, regardless of when you log in to the Service.

L. Inactivity and Termination

The Bank may terminate your electronic banking access without notice if you fail to pay required fees, violate this Agreement, or fail to maintain your deposit account in good standing.

Your account will be converted to dormant status after 180 consecutive days without a sign-in. You must contact us to reactivate. After 180 days of dormant status, the Service may be terminated without further notice.

M. Alerts

You may enroll in the Bank's account alert service through the Service. Once enrolled, the Bank will send you notifications regarding account activity and transactions based on the alert preferences you configure. Alerts may be delivered by SMS text message, push notification, email, or to your Online Banking inbox, depending on the delivery method you select.

By providing a phone number or email address and enrolling in the alert service, you consent to receiving alert notifications from the Bank at that number or address, including by automatic telephone dialing systems, prerecorded voice, text message, and email. See our Privacy Policy for more information.

If you enroll in SMS text alerts, you may opt out at any time by texting STOP to 99588. Text HELP to 99588 for assistance. Message and data rates may apply. SMS alert delivery is supported for customers on the following carriers: AT&T, T-Mobile, U.S. Cellular, Verizon, and MetroPCS. Supported carriers are subject to change.

Alerts may not be encrypted and may include your name and certain information about your account, such as transaction amounts or account activity. Anyone with access to your mobile device, email account, or other delivery destination will be able to view the contents of these messages. You are responsible for ensuring that your devices and accounts are appropriately secured. The Bank will never include your full account number or password in any alert.

The Bank is not liable for any loss or damage arising from a delayed, failed, misdirected, or undelivered alert, regardless of the delivery method. Alerts are provided as a convenience and do not replace your obligation to review your account statements and report errors or unauthorized transactions as described in this Agreement.

N. Changes to this Agreement

We will notify you at least 30 days before the effective date of any change that would increase fees, increase your liability, reduce available transfer types, or impose stricter limits — unless prior notice is excused by law. Notice may be sent by email; you are deemed to have received it three (3) days after it is sent.

O. Entire Agreement

This Agreement, together with any documents incorporated by reference, constitutes the entire understanding between you and the Bank regarding the Services. It supersedes all prior written or verbal communications and agreements. This Agreement controls in the event of any conflict with incorporated documents.

Section III — Additional Terms: Consumer Accounts Only

A. Your Liability for Unauthorized Transactions

Notify us immediately if you believe your password has been compromised or an unauthorized transaction has occurred. Timely notice minimizes your potential loss:

• Within 2 Business Days of learning of compromise: maximum liability is $50.00.
• More than 2 Business Days after learning of compromise (and we can show we could have prevented the loss with earlier notice): maximum liability is $500.00.
• If your statement shows unauthorized transactions and you do not notify us within 60 days of the statement mailing date (and we can show we could have prevented the loss): you may lose the full amount transferred after the 60-day window.

We may extend these time periods if a documented reason (such as hospitalization or extended travel) prevented timely notification.

B. Bank's Liability for Failure to Complete Payments or Transfers

If we fail to send a payment or complete a transfer on time or in the correct amount, we will be liable for your proximately caused damages, subject to the following exceptions. We are not liable if:

1. your account lacks sufficient funds through no fault of ours;

2. you did not follow the scheduling instructions in this Agreement;

3. your computing device, software, phone lines, or the Bank's systems were not working properly, and the problem should have been apparent to you at the time;

4. circumstances beyond our control (including telecom or power outages, postal strikes, fires, floods, or natural disasters) prevented the transaction despite our reasonable precautions;

5. we placed a hold or remitted funds to a third party under legal process (such as garnishment, tax levy, or court order);

6. we received incomplete or inaccurate information from you or a third party;

7. we had a reasonable basis to believe that unauthorized use of your account was occurring or had occurred;

8. the payee failed to process the payment promptly or correctly; or

9. this Agreement or the relevant account was terminated.

Additional exceptions may be stated in other agreements between us.

C. Error Resolution

To report errors or ask questions about electronic transfers or bill payments, contact us as soon as possible:

• Phone: 708-946-2246 or 708-258-0530

• Mail: First Community Bank and Trust, 1111 Dixie Highway, Beecher, IL 60401

You must contact us no later than 60 days after we sent the first statement showing the error. Include: (1) your name and account number; (2) a description of the suspected error and why you believe it is an error; and (3) the dollar amount involved.

If you notify us verbally, we may require written confirmation within 10 Business Days, and may require an affidavit. We will complete our investigation within 10 Business Days (20 Business Days for transactions initiated outside the U.S.) and correct any confirmed error promptly. If we need more time, we may take up to 45 days (90 days for international transactions), but we will provisionally re-credit your account within 10 Business Days for the disputed amount while we investigate. If we determine no error occurred, we will notify you in writing within 3 Business Days of completing the investigation and may reverse any provisional credit. You may request copies of documents used in our investigation.

Section IV — Additional Terms: Business Accounts Only

A. Enrollment

Before using the Services, business customers must complete and deliver a First eBiz Enrollment Form, which includes a Certification of Authority. This form is incorporated into this Agreement by reference.

B. PIN and Security Token

Confidential credentials (including your PIN and one-time password token or electronic OTP token) may be mailed to the address on file for your primary checking account. The Bank is not liable if properly addressed mailings are intercepted in transit or at your place of business.

You agree to: (1) keep your PIN and token strictly confidential and limit disclosure only to authorized account signers or trusted representatives; (2) instruct those individuals not to disclose them to unauthorized persons; and (3) notify us immediately and select a new PIN if you believe your credentials have been compromised.

The Bank has no liability for unauthorized transactions made using your credentials before you notify us and we have a reasonable opportunity to act. We may suspend or cancel your token at any time if we suspect unauthorized or fraudulent use, even without notice from you.

C. Statement Review and Discrepancy Reporting

The Bank does not provide separate written confirmations of individual transfers; confirmation is available through the online Service and your periodic account statements. You agree to review your statements promptly and notify us immediately of any discrepancy. The Bank will not be liable for interest compensation unless you report a discrepancy within 30 days of the date of the first statement reflecting it.

D. Commercially Reasonable Security Procedures

By using the Services, you acknowledge that the security procedures described in this Agreement are commercially reasonable. You agree to be bound by any instructions, whether or not authorized, that we implement in compliance with these procedures, unless you have given prior notice of possible unauthorized use and we have had a reasonable opportunity to act on that notice.

E. Limitation of Bank's Liability (Business Accounts)

If we fail, delay, or err in making a payment or transfer, our liability is limited as follows:

• Failure to pay or underpayment: interest on the unpaid amount from the scheduled date to the actual payment date, calculated at the average federal funds rate for the district Federal Reserve Bank, on a 365-day basis. Interest will be paid to either you or the intended recipient, but not both; payment to either party fully satisfies our obligation to the other.

• Overpayment or unauthorized transaction (after we had reasonable notice): refund of the excess or unauthorized amount plus interest, not to exceed 60 days' interest.

In no event will the Bank be liable for special, indirect, or consequential damages — including lost profits or attorney's fees — even if advised in advance of the possibility of such damages.

Section V — Fees

A monthly service fee may apply to your use of the Services. Fee amounts are set out in the Fee Schedule provided at account opening. You may also obtain the current Fee Schedule by calling 708-946-2246 or 708-258-0530.

Additional fees may apply for: excess savings transfers (see Section II.E); insufficient funds when we attempt to process a transfer (see Section II.G); stop payment requests; and, for business customers, per-item charges for debits and credits above your monthly threshold.

All fees are automatically debited from your primary checking account on the last day of the month or your statement cycle date, until the Service is discontinued. If your account is overdrawn on a fee debit date, standard overdraft charges also apply.

The Bank may waive fees on a promotional or discretionary basis. A waiver on one occasion does not create any expectation of future waivers.

For joint personal accounts, only one monthly fee is due per registration. If a joint account holder establishes a separate registration with a different primary account, that second registration is charged separately.

Section VI — External Transfer Services

This Section governs your use of the Account-to-Account External Transfer service, which allows you to transfer funds between your First Community Bank and Trust accounts and accounts you hold at other U.S. financial institutions.

A. Service Provider

We offer this Service through one or more third-party Service Providers engaged to perform some or all of the service on our behalf. Notwithstanding such delegation, we remain solely liable to you for payments and transfers made using the Service. Service Providers are third-party beneficiaries of this Agreement and are entitled to the same rights and protections extended to us herein.

We may assign our rights and obligations under this Agreement to any party at any time. You may not assign your rights or obligations without our prior written consent.

B. Amendments

We may amend this Agreement and any applicable fees at any time by posting a revised version on the Bank's website. The revised version is effective upon posting unless a later effective date is stated. Your continued use of the Service after a change constitutes acceptance of the revised terms.

C. Notices

Notices to us must be sent by postal mail to: First Community Bank and Trust, 1111 Dixie Highway, Beecher, IL 60401. You may also reach us by phone at 708-946-2246. Phone calls do not constitute legal notice unless expressly provided in this Section.

We may provide notices to you by posting on the Bank's website, in-product messaging, email, postal mail, or text message to contact information you have provided. Notices are deemed received within 24 hours of sending (or within 3 Business Days for postal mail). We reserve the right to terminate your Service access if you withdraw consent to electronic communications.

D. Communications Consent

By providing a phone number or email address, you consent to receiving calls and messages from us and our Service Providers at that number or address for everyday business purposes, including by automatic telephone dialing systems, prerecorded voice, text message, and email. See our Privacy Policy for more information.

E. Eligibility and Prohibited Payments

The Service is available only to individual U.S. residents capable of forming legally binding contracts. Minors may use the Service only as part of an eligible account co-signed by a parent or guardian.

The following types of payments are prohibited, and we reserve the right to monitor for, block, cancel, or reverse them:

• Payments to or from persons or entities outside the United States;
• Payments that violate any applicable law, statute, ordinance, or regulation;
• Payments related to: tobacco; prescription drugs or devices; narcotics, steroids, or controlled substances; drug paraphernalia; ammunition, firearms, or firearm parts; regulated weapons or knives; illegal goods or services; sexually oriented goods or services; goods or services promoting hate, violence, or racial intolerance; defamatory, harassing, or threatening content; bigoted, hateful, obscene, or discourteous content; goods infringing intellectual property rights; or goods solicited for advertising purposes;
• Gambling, gaming, sports betting, lottery tickets, or any contest with an entry fee and prize;
• Pyramid schemes, multi-level marketing, real property or annuity purchases, lay-away systems, offshore banking, debt refinancing with credit cards, pre-possession sales, money laundering, terrorist financing, money service business activities (including digital currency exchange such as Bitcoin), or credit repair and debt settlement services; and
• Tax payments and court-ordered payments.

We are not liable for claims or damages arising from your scheduling of prohibited payments.

F. Acceptable Use

You are solely responsible for complying with all applicable laws in your use of the Service. You may not use the Service for communications or activities that: violate any law; promote hate, violence, or racial intolerance; defame, harass, or threaten others; include bigoted, obscene, or discourteous content; infringe intellectual property rights; impose an unreasonable load on our infrastructure; introduce malicious code or malware; use automated scraping or unauthorized monitoring tools; or circumvent technology protecting the Bank's website or Service.

G. Transfer Authorization and Processing

You represent and warrant that you are a sole or joint owner of all accounts used in a transfer, with the legal authority to transfer funds between them. Joint owners authorize transfers without requiring the consent of other co-owners. External Accounts must be located in the United States.

You may initiate: (1) a one-time immediate transfer; (2) a one-time future-dated transfer (up to one year out); or (3) a recurring series of transfers. When you submit a Transfer Instruction, you authorize us to debit or credit the applicable accounts accordingly and to reverse a transfer if the corresponding debit is returned for any reason.

Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. We will notify you per your communication preferences if a transfer is delayed or blocked.

We will not be liable if a transfer cannot be completed due to: insufficient funds (through no fault of ours); known system malfunction at the time of the transaction; our right to refuse the transfer; incorrect account information you provided; or circumstances beyond our control (fire, flood, system downtime, interference from external forces).

You are responsible for the accuracy of all information you enter. We will make reasonable efforts to stop or recover an incorrect transfer once notified, but we do not guarantee recovery and bear no liability for losses caused by incorrect information you provided. You may not use a P.O. Box as your postal address in the Service.

H. Cancellation and Stop Payments

You may cancel a transfer at any time before it begins processing, as shown in the Service. To stop a transfer that has already processed, contact us as described in Section VI.C. We will make reasonable efforts to accommodate the request but bear no liability if we cannot. Stop payment requests may require written confirmation within 14 days and may be subject to a fee per the applicable fee schedule.

I. Fees and Failed Payments

All applicable Service fees are disclosed in the Service interface and are charged regardless of whether the Service is actually used (except use-based fees). Fees are automatically debited from your Eligible Transaction Account. If a payment cannot be completed because of insufficient funds, you agree to immediately reimburse our Service Provider upon demand. A late fee of 1.5% of the unpaid amount, plus collection costs, may apply. The Service Provider is authorized to report returned items to credit reporting agencies. You authorize us and our Service Provider to debit all such amounts by ACH from your designated account.

J. Your Liability for Unauthorized Transfers (External Transfers)

Immediately report any discovered unauthorized Payment Instruction. Your liability is governed by the same thresholds as in Section III.A: $50.00 if reported within 2 Business Days; up to $500.00 if not reported within 2 Business Days (and we could have prevented the loss); and potentially unlimited liability for unauthorized transactions appearing on a statement not reported within 60 days of mailing. We may extend these periods if a documented reason prevented timely notice.

K. Taxes

You are solely responsible for determining what taxes, if any, apply to your transactions, and for collecting, reporting, and remitting taxes to the appropriate authority. The Bank has no obligation to determine tax applicability or to collect or remit taxes on your behalf.

L. Error Resolution (External Transfers)

Contact us promptly with any errors or questions (see Section VI.C). Report suspected errors no later than 60 days after the statement was sent, providing: (1) your name; (2) a description of the error and why you believe it is an error; and (3) the dollar amount. Verbal reports may require written confirmation within 10 Business Days. We will investigate within 10 Business Days and notify you of the outcome within 3 Business Days of completing the investigation. If we need more time (up to 45 days), we will provisionally credit your account within 10 Business Days. If we determine no error occurred, we will notify you in writing and may reverse the provisional credit.

M. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. Information about other persons you receive through the Service must be kept confidential and used only in connection with the Service. We may collect and share personal and device data with Service Providers for fraud prevention, identity verification, regulatory compliance, and service improvement purposes. This data may be retained after termination of the Agreement as permitted by applicable law and required for regulatory compliance.

N. Intellectual Property

All marks, logos, page headers, graphics, button icons, and scripts associated with the Service are trademarks, service marks, or trade dress of the Bank or its licensors. You may not copy, imitate, or use them without prior written consent, and may not use them in a manner that disparages the Bank or implies endorsement.

Any ideas, suggestions, drawings, or other content you submit to the Bank through the Service are deemed non-confidential and become the exclusive intellectual property of the Bank and its licensors. By submitting such materials, you grant the Bank a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, adapt, publish, and distribute them in any medium.

O. Third-Party Links

The Bank's website may contain links to third-party websites for your convenience. These links do not constitute an endorsement of those sites. The Bank is not responsible for the content, accuracy, legality, or decency of any linked third-party material. Third-party sites may collect data, send cookies, or contain content you find inappropriate. You may link to our website homepage but may not link to other pages or frame website content without our express written permission.

P. Remedies and Termination

If we believe you have engaged in prohibited or unauthorized activity or breached this Agreement, we may: terminate, suspend, or limit your access to the Service; notify law enforcement, regulators, or affected third parties; refuse future services; and/or pursue legal action. These remedies are cumulative and in addition to all other rights available to us by law or under this Agreement. We reserve the right to terminate this Agreement at any time, with or without cause.

Q. Dispute Resolution

Disputes regarding the Service are governed by this Agreement.

Arbitration: For claims under $10,000.00 (excluding claims for injunctive or equitable relief), either party may elect binding non-appearance-based arbitration through JAMS, AAA, or a mutually agreed ADR administrator. Arbitration may be conducted telephonically, online, or by written submission. No personal appearances are required unless mutually agreed. Discovery is not permitted. The matter must be submitted within 90 days of initiation; the arbitrator must rule within 30 days of submission. Awards are final and enforceable in any court of competent jurisdiction. Federal, state, and local law remedies remain available through arbitration. NO CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OF CLAIMS IS PERMITTED IN ARBITRATION.

Governing Law: This Agreement is governed by the laws of the state in which you reside, without regard to conflict of laws principles. To the extent any term conflicts with applicable law, the conflicting term is replaced only to the minimum extent required. All other terms remain in full force. Claims not submitted to arbitration must be brought in a court located in your county of residence. Both parties waive the right to a jury trial.

Indemnification: You agree to defend, indemnify, and hold harmless the Bank and its Affiliates, Service Providers, employees, and contractors from any loss, damage, claim, or demand (including attorney's fees) arising from your breach of this Agreement or your use of the Service.

Release: You release the Bank and its Affiliates, Service Providers, employees, and contractors from all claims, demands, and damages arising from any dispute between you and other users of the Service.

No Waiver: Any waiver of our rights must be in writing and signed by an authorized representative. Failure to exercise a right does not constitute a waiver of that right.

Claims Limitation: Any claim related to the Service must be filed in a court or arbitration proceeding within two (2) years of the date the underlying event occurred.

R. Disclaimers and Limitation of Liability

THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BANK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE.

THE BANK'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500.00. THE BANK IS NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

S. General Provisions

Severability: If any provision is held invalid or unenforceable, the remaining provisions continue in full force.

Survival: The following sections survive termination of this Agreement: VI.A (Service Provider), VI.E (Prohibited Payments), VI.K (Taxes), VI.M (Privacy), VI.N (Intellectual Property), VI.P (Remedies), VI.Q (Dispute Resolution), VI.R (Disclaimers and Limitation of Liability), and VI.S (General Provisions).

Conflicts: In the event of a conflict between this Agreement and any statement made by a Bank employee or customer care representative, this Agreement controls.

T. Definitions (External Transfer Services)

The following terms apply specifically to Section VI:

Revised 5/1/2026