OneUnited Bank FundsTransfer and PopMoney Agreement

Transcription

1 OneUnited Bank FundsTransfer and PpMney Agreement Welcme t Online Mney Mvement! - the next generatin f n-line persnal finance management. With ur fully interactive n-line mney mvement service (the "Online Mney Mvement Service" referred t in this agreement as the "Service", includes bth Funds Transfer and Ppmnev). Yu may transfer funds frm any f yur accunts at any financial institutin t any ther accunt held by yu r anther persn at the same r anther financial institutin - referred t in this agreement as "Accunts" - assuming, f curse, that the transfer is permitted by yur financial institutin and by law. Please take a few minutes t read this Online Mney Mvement Service Agreement (referred t thrughut as the "Agreement"). Any reference t "OneUnited Bank" in this Agreement includes any directrs, fficers, emplyees, cntractrs, service prviders, agents r licensees f OneUnited Bank. As used in this Agreement, the wrds "yu" and "yur" refer t yu as the user f the Service; the wrds "we," "us," "ur" and any ther variatin theref refer t OneUnited Bank. When yu're ready, click the "I Agree t accept these terms and cnditins" buttn t start enjying the cnvenience and financial security f Online Mney Mvement! Acceptance f Terms This Agreement sets ut the terms and cnditins (the "Terms") n which ur service prvider and OneUnited Bank will prvide the Service. Yu may use the Service and frms as part f a legally binding agreement between yu and OneUnited Bank. When yu click n the "I Agree buttn t accept the terms and cnditins, yu will cmplete an applicatin t receive the Online Mney Mvement Service. Yu agree t accept the Terms, including any amendments t this Agreement r any changes in the Terms. Yur applicatin fr the Service may be accepted r declined by ur service prvider and/r OneUnited Bank based n specific criteria. If yu d nt agree t all f the Terms, r yu d nt accept the Terms & Cnditins the service will nt be available t yu. If yu d nt accept and agree t all f the Terms, yu will nt be entitled t use the Service. OneUnited Bank reserves the right t change the Terms under which the Service is ffered in its sle discretin at any time; hwever, OneUnited Bank will ntify yu f any material change t the Terms. In mst cases, yu will receive the ntice nline the next time yu lg in; hwever, OneUnited Bank reserves the right t ntify yu by r by cnventinal mail, in its discretin. Yu agree that if yu cntinue t use the Service after we ntify yu f any change, yu thereby accept the changes t the Terms and agree t be bund by this Agreement, as amended. If yu d nt accept and agree t the changes t the Terms, yu will nt be entitled t use the Service. Yu can review, dwnlad and print the mst current versin f this Agreement by cnsulting with yur OneUnited Bank. If yu d nt agree t the changes, r if at any time yu wish t discntinue yur use f the Service, yu can unsubscribe by cntacting yur OneUnited Bank. Once yur accunt with OneUnited Bank has terminated fr any reasn, yu will have n further right r access t use the Online Mney Mvement Service. T use the Online Mney Mvement Service yu must be at least eighteen (18) yea rs ld and be a resident f the United States. Infrmatin Authrizatin By clicking n the "I Agree t accept the terms and cnditins" buttn, yu authrize us t verify yur identity by btaining infrmatin abut yur credit histry frm a cnsumer reprting agency. OneUnited Bank and ur service prvider will btain and use yur credit infrmatin nly in accrdance with the Fair Credit Reprting Act ("FCRA") and ther applicable law. We reserve the right t deny yu access t the Service if we cannt verify yur identity r ther necessary infrmatin. We may apprve r decline yur applicatin fr the Service based upn ur review f yur cnsumer reprt, alng with ther infrmatin

2 we deem relevant. If we deny yur request t use the Service, yu may btain a free cpy f the cnsumer reprt that we used frm the cnsumer reprting agency that issued the reprt. Yu may view, dwnlad and print a summary f yur rights under FCRA, including infrmatin n hw t btain a cpy f yur cnsumer reprt, at any time by cntacting the cnsumer reprting agency named n the adverse actin ntice we will prvide. In additin t btaining a cnsumer reprt, OneUnited Bank and ur service prvider reserves the right t btain such additinal infrmatin as we deem reasnably necessary t insure that yu, r persns t whm yu may transfer funds, are nt using ur Service in vilatin f law, including, but nt limited t, laws and regulatins designed t prevent "mney laundering" r the transfer f funds t r frm persns r rganizatins whse accunts are blcked under regulatins f the Office f Freign Asset Cntrl (OFAC) f the United States Treasury Department. Once yu are apprved fr the Online Mney Mvement Service we may verify yur Accunts that yu add t the Service frm time t time. Yu authrize us t validate the Accunts thrugh the use f a test transfer, in which ne r mre lw value payments will be bth credited t and debited frm the Accunt. The test credit will always ccur befre the test debit and will always be f the same r lesser amunt, s that the balance in any f yur Accunts will never be less than the actual balance. Once the test transfer is cmplete we may ask yu t access yur Accunt t tell us the amunt f the test credit r debit r any additinal infrmatin reprted by yur bank with this test transfer. We may als verify Accunts thrugh requiring the entry f infrmatin yu rdinarily use t access the Accunt prvider's web site, r by requiring yu t submit prf f wnership f the Accunt. User Cntent Subject t OneUnited Bank's Privacy Plicy, yu agree that OneUnited Bank may use, cpy, mdify, display and distribute any infrmatin, data, materials r ther cntent (the "Cntent") yu prvide t OneUnited Bank fr the purpse f prviding the Service, and yu hereby give OneUnited Bank a license t d s. By submitting Cntent, yu represent that yu have the right t license such Cntent t OneUnited Bank fr the purpses set frth in this Agreement. Accunts Yu understand that in rder t cmplete fund transfers, it is necessary fr OneUnited Bank and ur service prvider t access the websites and databases f yur bank and ther institutins where yu hld Accunts, as designated by yu and n yur behalf, t retrieve infrmatin and effect the fund transfers yu request. By using the Service, yu represent and warrant t us that yu have the right t authrize and permit us t access yur Accunts t effect such funds transfers r fr any ther purpse authrized by this Agreement, and yu assure us that by disclsing and authrizing us t use such infrmatin yu are nt vilating any third party rights. Yu warrant and represent that the infrmatin yu are prviding us with is true, current, crrect and cmplete. Yu hereby authrize and permit OneUnited Bank and ur service prvider t use infrmatin submitted by yu t accmplish these purpses and t cnfigure the Service t be cmpatible with the Accunts. Fr as lng as yu are using the Service, yu give t OneUnited Bank and ur service prvider a limited pwer f attrney and appint OneUnited Bank and ur service prvider as yur true and lawful attrneyin-fact and agent, with full pwer f substitutin and resubstitutin, fr yu and in yur name, place and stead, in any and all capacities, t access the Accunts, effect funds transfers as described abve, with full pwer and authrity t d and perfrm each and every act and thing requisite and necessary t be dne in cnnectin with effecting funds transfers, including verifying the cntent and authenticity f any funds transfer instructin fr the purpses f security prcedures applicable t Accunts, as fully t all intents and purpses as yu might r culd in persn. Once OneUnited Bank and/r ur service prvider

3 has actual knwledge that yu wish t cease using the Online Mney Mvement Service as prvided in this Agreement r as therwise permitted in this Agreement and has a reasnable pprtunity t act n such knwledge, this limited pwer f attrney is autmatically revked; prvided, hwever, that any act dne by OneUnited Bank and/r ur service prvider in gd faith befre it has actual knwledge f terminatin by yu and has a reasnable pprtunity t act n such knwledge shall be deemed t be authrized by yu. Yu understand and agree that at all times yur relatinship with each Accunt prvider is independent f OneUnited Bank and yur use f the Online Mney Mvement Service. OneUnited Bank will nt be respnsible fr any acts r missins by the financial institutin r ther prvider f any Accunt, including withut limitatin any mdificatin, interruptin r discntinuance f any Accunt by such prvider. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, FINANCIAL INSTITUTION AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. Yu agree that OneUnited Bank, its affiliates, service prviders and partners shall be entitled t rely n the freging authrizatin, agency and pwer f attrney granted by yu. 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 FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS. Nt all types f accunts are eligible fr Online Mney Mvement Service. Be sure t check with yur financial institutin fr restrictins regarding transfers amng yur retirement (401k, IRA, etc.), savings, trusts, lans, custdial, business, crprate and ther accunt types. We are nt respnsible fr any csts r lsses incurred frm fund transfers that are nt permitted under such restrictins by the prvider f yur Accunt r thse impsed by applicable law. Electrnic Cmmunicatins A. General Cnsent; Categries f Recrds. The Online Mney Mvement Service is an electrnic, Internet based-service. Therefre, yu understand and agree that this Agreement will be entered int electrnically, and that the fllwing categries f infrmatin ("Cmmunicatins") may be prvided by electrnic means: This Agreement and any amendments, mdificatins r supplements t it. Yur recrds f funds transfers and ther transactins thrugh the Service, including withut limitatin cnfirmatins f individual transactins. Any initial, peridic r ther disclsures r ntices prvided in cnnectin with the Service, including withut limitatin thse required by federal r state law. Any custmer service cmmunicatins, including withut limitatin cmmunicatins with respect t claims f errr r unauthrized use f the Service. Any ther cmmunicatin related t the Service.

4 Althugh OneUnited Bank reserves the right t prvide Cmmunicatins in paper frmat at any time, yu agree that we are under n bligatin t d s. All Cmmunicatins in either electrnic r paper frmat will be cnsidered t be "in writing." Yu shuld print a paper cpy f any electrnic Cmmunicatin that is imprtant t yu and retain the cpy fr yur recrds. If yu d nt agree t receive this Agreement r the Cmmunicatins electrnically, yu may nt use the Service. B. Hw t Withdraw Cnsent. If yu have registered fr the Service and yu wish t withdraw yur cnsent t have Cmmunicatins prvided in electrnic frm, yu must cancel any pending transfer requests (within the time perid permitted by the Service cancellatin plicies) and stp using the Service. There are n fees t cancel a pending transfer request (as lng as such cancellatin is made within the time perid permitted by the Service cancellatin plicies). C. Hw t Update Yur Recrds. Yu agree t prmptly update yur registratin recrds if yur address r ther infrmatin changes. Yu may update yur recrds, such as yur address, by using the Prfile page. D. Delivery f Electrnic Cmmunicatins. Cmmunicatins may be psted n the pages f the Service website r ther website disclsed t yu and/r delivered t the address yu prvide. Any electrnic Cmmunicatin sent by will be deemed t have been received by yu when OneUnited Bank r ur service prvider sends it t yu, whether r nt yu received the . If the Cmmunicatin is psted n the Service, then it will be deemed t have been received by yu n later than five (5) business days after OneUnited Bank r ur service prvider psts the Cmmunicatin n the pages f the Service, whether r nt yu retrieve the Cmmunicatin. An electrnic Cmmunicatin by is cnsidered t be sent at the time that it is directed by OneUnited Bank's r service prvider's server t the apprpriate address. An electrnic Cmmunicatin made by psting t the pages f the Service is cnsidered t be sent at the time it is publicly available. Yu agree that these are reasnable prcedures fr sending and receiving electrnic Cmmunicatins. E. Hardware and Sftware Requirements. In rder t access and retain Cmmunicatins, yu must have: An Internet brwser that supprts 128-bit encryptin, such as Netscape Navigatr versin 4.7 r abve r Internet Explrer versin 5.0 r abve. An accunt and sftware capable f reading and respnding t yur . A persnal cmputer, perating system and telecmmunicatins cnnectins t the Internet capable f supprting the freging. Sufficient electrnic strage capacity n yur cmputer's hard drive r ther data strage unit. A printer that is capable f printing frm yur brwser and sftware Privacy Plicy and Cnfidentiality We regard yur privacy and security with the utmst imprtance, and we are abslutely cmmitted t safeguarding any infrmatin that yu share with us. In rder t prvide the Online Mney Mvement Service, we must btain frm yu certain persnal infrmatin abut yu, yur Accunts, and yur

5 transactins (referred t herein as "User Infrmatin"). Yu represent that yu have the right t prvide such User Infrmatin and that yu give us the right t use the User Infrmatin in accrdance with ur privacy plicy. All f yur persnal and financial infrmatin will be placed n a secure prtin f ur website. We d nt use any persistent "ckies" n the brwser t stre any persnal infrmatin. We have multiple levels f security that have been designed especially fr us. Yu can see a full descriptin f ur security plicy by clicking n "Security Plicy" in Online Banking. Yu can see a full descriptin f ur privacy plicy by clicking n "Privacy Plicy" in Online Banking. Passwrd T enable yu, and nly yu, t use the Service, yu will be asked t chse a passwrd when yu register and are accepted as a custmer f the Service. This passwrd is stred in encrypted frm by us. Yu are respnsible fr maintaining the cnfidentiality f yur OneUnited Bank custmer number and passwrd. N ne at OneUnited Bank has access t yur Accunts passwrds r user ID's. Yu are respnsible fr uses f the Service whether r nt actually r expressly authrized by yu. Therefre, it is imprtant that yu DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. N ne at OneUnited Bank will knw r need t knw yur passwrd, and OneUnited Bank emplyees will never ask fr yur passwrd. If yu wish t make a transfer t an Accunt f anther persn, yu will be asked t prvide a separate cde wrd r phrase (the "Shared Secret") that is knwn nly t yu and t the persn t whm yu are transferring the funds (the "Recipient"). We recmmend that yu d nt use cmmnly used wrds, phrases r dates. In rder t cmplete the transfer, the Recipient must prvide the Shared Secret and certain ther identifying infrmatin. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE EXCEPT THE RECIPIENT FOR ANY REASON. YOU FURTHER AGREE THAT YOU WILL INSTRUCT THE RECIPIENT NOT TO GIVE THE SHARED SECRET TO ANYONE ELSE FOR ANY REASON. In the Event f Unauthrized Transfer If yu believe yur passwrd r Shared Secret has been lst r stlen, r that smene has transferred r may transfer mney frm yur Accunt withut yur permissin, cntact us using the instructins n ur site. Cnsumer Liability Yu agree t ntify us AT ONCE if yu believe yur passwrd has been lst r stlen. Telephning us prmptly is the best way t prtect yurself frm pssible lsses. If yu never tell us, yu culd lse all f the mney in yur accunt (plus yur maximum verdraft line f credit). Hwever, if yu tell us within 2 business days, yu can lse n mre than $50 if smene used yur passwrd withut yur permissin. If yu d NOT tell us within 2 business days after yu learn f the lss r theft f yur passwrd, and we can prve we culd have stpped smene frm using yur passwrd withut yur permissin if yu had tld us, yu culd lse as much as $500. Yu can see a cmplete statement f all yur funds transfers effected r pending at any time by clicking n the Histry tab. If yur statement shws transfers that yu did nt make, ntify us AT ONCE. If yu d nt tell us within 60 days after the transfer was psted t yur statement, yu may nt get back any mney yu lst after the 60 days, if we can prve that we culd have stpped smene frm taking the

6 mney if yu had tld us in time. If a gd reasn (such as a lng trip r a hspital stay) kept yu frm telling us, we will extend the time perids. Business Days The Service will prcess requests fr transfers n business days. Our business days are Mnday thrugh Friday. Hlidays and Bank Hlidays are nt included. Transfer Types and Limitatins Types f Transfers Yu may use yur OneUnited Bank passwrd t access Funds Transfer within the Service t transfer funds between any tw f yur Accunts abut which yu have prvided the necessary infrmatin t OneUnited Bank. Transfers can be between Accunts within the same financial institutin r at an unrelated financial institutin (althugh transfers between Accunts at the same institutin may be affected mre quickly by cntacting the institutin directly). Yu may use yur OneUnited Bank passwrd t access Ppmney within the Service t transfer funds frm ne f yur Accunts t an accunt f a Recipient. Yu may send mney t a Recipient using a mbile telephne number, an address, r a ruting and accunt number. Sme f these services may nt be available at all times. We may frm time t time make available additinal r new features t the Service, including but nt limited t, a next day service and a higher limit service. Yu will be apprved r declined fr any such additinal service at ur sle discretin and additinal terms and cnditins may apply. Please ensure that yu have sufficient funds t affect any funds transfers frm yur Accunts. We may at any time decline t effect any funds transfer that we believe may vilate applicable law. Frequency f Transfers We may limit the number f funds transfers yu may make. Yu may nt make funds transfers in excess f the number f funds transfers allwed by the rules gverning the applicable Accunts. We may frm time t time fr security and risk management reasns mdify the limits, the frequency and the dllar amunt f transfers yu can make using ur Service. Dllar Amunt f Transfers Yu may nt make funds transfers in excess f limits described in the Service. We reserve the right t change frm time t time the dllar amunt f funds transfers yu are permitted t make using ur Service. Withut limiting the freging, in the event that yur use f the Service has been suspended and reinstated as prvided herein (see "Suspensin and Reinstatement f Funds Transfer and/r Ppmney Service" belw), yu understand and agree that yur use f the Service thereafter may be subject t lwer dllar amunt limitatins than wuld therwise be permitted by us. Transfers subject t the Rules f the Accunts Additinally, all funds transfers are als subject t the rules and regulatins gverning the relevant Accunts. Yu agree nt t effect any funds transfers frm r t an Accunt that are nt allwed under

7 the rules r regulatins applicable t such accunts including, withut limitatin, rules r regulatins designed t prevent the transfer f funds in vilatin f OFAC regulatins. Rejectin f Transfers We reserve the right t decline t effect any funds transfer, t submit funds transfer instructins r rders r t carry ut change r cancellatin requests. We als reserve the right t terminate r suspend a transfer at any time. Authrizatin Yu authrize us t select any means t execute yur funds transfer instructins. Yu understand that t effect yur funds transfer instructin we utilize the Autmated Clearing Huse (ACH), using applicable ACH Rules, we debit ne f yur Accunts and credit anther f yur Accunts r an accunt f a Recipient in the case f Ppmney. Once yur Accunt has been debited, we credit ur service prvider's transfer accunt at the service prvider's clearing bank. After ur service prvider and/r its clearing bank are reasnably certain that the debit will nt be returned (in mst cases this is usually between 3-4 banking days), ur service prvider will credit yur r the Recipients Accunt. The sle purpse fr ur service prvider's transfer accunt is t cmplete yur funds transfer requests and fr perfrming the services within the scpe f this Agreement. The service prvider earns n interest n the funds in the transfer accunt. If the debit side fails r is returned fr any reasn and the credit side has been released and cannt be cllected, yu authrize ur service prvider t cllect frm the Accunt t which the credit side f the funds transfer was sent. We reserve the right t resubmit a debit, r a prtin f the debit, in the event f an insufficient r uncllected funds return and if we cannt cllect the amunt credited. T effect this cllectin, yu understand and authrize us t debit the credited Accunt r the debited Accunt in either the same dllar amunt as the riginal funds transfer r a prtin f the debit. There may be a fee assciated with such cllectin impsed by the financial institutin hlding the Accunt. Yu understand and agree that we may frm time t time impse additinal charges in cnnectin with yur funds transfer transactins. OneUnited Bank will ntify yu f such fee in advance f the transactin. If yu chse t prceed with the transactin, yu authrize OneUnited Bank t debit yur accunt in the amunt indicated. In the event that a debit t any f yur Accunts, r any prtin f any such debit, has failed and the credit side f such transactin has been released and cannt be cllected, and we are unable t debit either the debited r the credited Accunt as set frth abve, we reserve the right, and yu hereby authrize us, t debit any f yur ther Accunts t the extent necessary t ffset any resulting deficiency. We d nt undertake t ntify yu in such event, ther than by psting any such transfer r transfers t the applicable Accunt in accrdance with this Agreement (see "Dcumentatin," belw). Yu understand and agree that in the event we are unable t execute yur funds transfer request utilizing the ACH, we may utilize ther established payment mechanisms in rder t cmplete yur funds transfer instructins, such as wire transfer r check. If yu have requested fr a funds transfer t a Recipient, yu must prvide us with a true, crrect, current address r phne number fr text message fr such Recipient. We will cntact the Recipient, and ask the Recipient t prvide us with certain infrmatin, such as the accunt number and financial institutin that they wish t transfer the funds t. If the Recipient fails t reply t the /text r fails t fllw the instructins prvided by us, we will ntify yu and credit yur Accunt fr the amunt f the transfer.

8 Suspensin and Reinstatement f Funds Transfer and/r Ppmney Service In the event that we at any time incur a prblem with yur use f the Service, including withut limitatin a fail in attempting t debit any f yur Accunts r t cllect with respect t any f yur funds transfers as described abve, and withut limiting any ther right r remedy that we may have under this Agreement r therwise, we reserve the right t suspend yur right t use the Service, immediately and withut prir ntice t yu. Yu understand and agree that such actin is reasnable fr us t take in rder t prtect itself frm lss. In the event f such suspensin, yu may request reinstatement f yur service by cntacting us using any f the methds prvided fr under this Agreement (see "Errr Reprting and Claims," belw). We reserve the right in its sle discretin t grant r deny reinstatement f yur use f the Service. In the event we agree t reinstate yu, we reserve the right t, and rdinarily will, initially reinstate yur Service subject t lwer per-transactin and mnthly dllar limits and/r with ther restrictins than therwise might be available t yu. Based upn yur subsequent usage f the Service, OneUnited Bank in its sle discretin may thereafter restre yur ability t effect transfers subject t such higher limits as may then be in effect (see "Dllar Amunt f Transfers," abve). Dcumentatin Yu may access a statement f all funds transfers effected r pending at any time by clicking n the Histry tab within Funds Transfer r the Activity tab within Ppmney. If a transfer culd nt be cmpleted, OneUnited Bank and/r ur service prvider, upn learning that the funds transfer has failed, will make a reasnable effrt t cmplete the transfer again. If the funds transfer fails a secnd time, we will ntify yu t cntact yur financial institutin r ther prvider f the relevant Accunt t learn mre abut the failure. Yur Respnsibility fr Errrs Yu understand that we must rely n the infrmatin prvided by yu and yu authrize us t act n any instructin which has been r reasnably appears t have been sent by yu, t submit funds transfer instructins n yur behalf. Yu understand that financial institutins receiving the funds transfer instructins may rely n such infrmatin. We are nt bliged t take any further steps t cnfirm r authenticate such instructins and will act n them withut getting further cnfirmatin. Yu understand that if yu prvide us with incrrect infrmatin r if there is any errr in yur instructin we will make all reasnable effrts t reverse r delete such instructins, but yu accept full respnsibility fr lsses resulting frm any f yur errrs, duplicatin, ambiguities r fraud in the infrmatin that yu prvide. Yu agree nt t impersnate any persn r use a name that yu are nt authrized t use. If any infrmatin yu prvide is untrue, inaccurate, nt current r incmplete, withut limiting ther remedies, OneUnited Bank reserves the right t recver frm yu any csts r lsses incurred as a direct r indirect result f the inaccurate r incmplete infrmatin. Errr Reprting and Claims In case f errrs r questins abut yur funds transfers, cntact us as sn as yu can, if yu think yur statement is wrng r if yu need mre infrmatin abut a transfer listed n the statement. Yu can see a cmplete statement f all yur funds transfers effected r pending at any time by clicking n the Histry tab. We must hear frm yu within 60 days after we FIRST psted the transfer t yur statement.

9 (1) Tell us yur name, and the accunt number f the Accunt t which the errr relates. (2) Describe the errr r the transfer yu are unsure abut, and explain as clearly as yu can why yu believe it is in errr r why yu need mre infrmatin. (3) Tell us the dllar amunt f the suspected errr. If yu tell us rally, we may require that yu send us yur cmplaint r questin in writing within 10 business days. We will determine whether we cmmitted an errr within 10 business days (20 business days fr new member accunts) after we hear frm yu and will crrect any errr prmptly. If we need mre time, hwever, we may take up t 45 days (90 days fr new member accunts) t investigate yur cmplaint r questin. If we decide t d this, we will credit/debit the applicable Accunts within 10 business days (20 business days fr new member accunts) fr the amunt yu believe is in errr, s that yu r yur intended Recipient will have use f the mney during the time it takes us t cmplete ur investigatin. If we ask yu t put yur questin r cmplaint in writing and we d nt receive it within 10 business days, we may nt credit/debit the applicable Accunts. We will tell yu the results within three business days after cmpleting ur investigatin. If we decide that we did nt make an errr, we will send yu a written explanatin. Yu may ask fr cpies f the dcuments we used in ur investigatin. We are nt respnsible fr errrs, delays and ther prblems caused by r resulting frm the actin r inactin f financial institutins hlding the Accunt r the accunt f yur Recipient. Althugh we will try t assist yu in reslving any such prblems, yu understand that any such errrs, delays r ther prblems are the respnsibility f the relevant financial institutin r the Recipient. Any rights yu may have against a financial institutin fr such errrs, delays r ther prblems are subject t the terms f the agreements yu have with such financial institutin, including any time limits during which cmplaints must be made. Prprietary Rights Yu acknwledge and agree that OneUnited Bank and/r ur service prvider wns all rights in and t the Online Mney Mvement Service. Yu are permitted t use the Service nly as expressly authrized by this Agreement. Yu may nt cpy, reprduce, distribute, r create derivative wrks, reverse engineer r reverse cmpile OneUnited Bank and/r ur service prvider's Online Mney Mvement Service r any f OneUnited Bank and/r ur service prvider's services r technlgy. N Unlawful r Prhibited Use As a cnditin f using the Service, yu warrant t us that yu will nt use the Service fr any purpse that is unlawful r is nt permitted, expressly r implicitly, by the terms f this Agreement r by any applicable law r regulatin. Yu further warrant and represent that yu will nt use the Service in any manner that culd damage, disable, verburden, r impair the Service r interfere with any ther party's use and enjyment f the Service. Yu may nt btain r attempt t btain any materials r infrmatin thrugh any means nt intentinally made available r prvided fr thrugh the Service. Yu agree that these warranties and representatins will remain in full frce and effect even if this Agreement terminates fr any reasn. Service Changes and Discntinuatin We may mdify r discntinue the Service r yur accunt with us, with r withut ntice, withut liability t yu, any ther user r any third party. We reserve the right, subject t applicable law, t terminate yur accunt and yur right t use the Service at any time and fr any reasn, including withut limitatin if we, in ur sle judgment, believe yu have engaged in cnduct r activities that vilate any f the Terms r

10 the rights f OneUnited Bank and/r ur service prvider, r if yu prvide us with false r misleading infrmatin r interfere with ther users r the administratin f the Services. We reserve the right t charge a fee fr the use f the Service and any additinal services r features that we may intrduce. Yu understand and agree that yu are respnsible fr paying all fees assciated with the use f ur Online Mney Mvement Service. Yu may terminate yur accunt with OneUnited Bank at any time by cntacting us. Once yur accunt with OneUnited Bank has terminated fr any reasn, yu will have n further right r access t use the Service, and OneUnited Bank will nt access yur Accunts thereafter fr any reasn. USE OF SMS MESSAGING Users f the Ppmney service may receive SMS messages relating t their payments, such as ntice f payment, alerts fr validatin and receipt f a transfer. Ppmney will verify yur access t the mbile phne number. T enable this verificatin Ppmney will send yu an SMS message with a verificatin cde that yu will need t enter t direct yur payment t yur designated bank accunt. Yu may receive SMS messages related t yur transactins frm time t time, but please be aware that yur carrier's nrmal rates and fees, such as text messaging fees, will still apply. Questins: Yu can cntact us using the instructins n ur site, r at any time frm yur mbile phne by sending a text message with the wrd "HELP" t this number: POPMON. T pt ut f the Prgram: T stp receiving SMS messages yu can initiate the pt-ut prcess by sending a SMS message. Just text "STOP" t this number: POPMON. Links T Third Party Sites The OneUnited Bank website may cntain links t ther websites ("Linked Sites"). Such links are prvided slely as a cnvenience t yu. OneUnited Bank des nt screen, apprve, review r therwise endrse any cntent r infrmatin cntained in any Linked Sites. Yu acknwledge and agree that OneUnited Bank, its affiliates and partners are nt respnsible fr the cntents f any Linked Sites, including the accuracy r availability f infrmatin prvided by Linked Sites, and makes n representatins r warranties regarding the Linked Sites r yur use f them. Security Prcedures Yu understand that the financial institutin at which an Accunt is maintained may cntact us t verify the cntent and authrity f funds transfer instructins and any changes t thse instructins. Yu understand that, as yur agent, we may prvide t such financial institutin such infrmatin as may be required t verify the instructins and may cnstitute a valid security prcedure under the rules gverning such Accunt. Deviating frm Security Prcedures Yu agree t allw us t authrize any financial institutin at which yu have an Accunt t accept funds and transfer instructins in accrdance with any authrizatin prcedures as may be agreed frm time t time between yu and such financial institutin, r between us, n yur behalf, and such financial institutin, withut verifying the instructins under the established security prcedures, regardless f whether such security prcedures were agreed by yu directly r by us n yur behalf. In additin yu

11 agree that we may authrize such financial institutins t charge and debit yur accunts based slely n these cmmunicatins. Accunt Number Plicy If funds transfer instructins identify a bank r beneficiary by name and accunt number, the relevant financial institutin may execute thse instructins by reference t the number nly, even if the number des nt crrespnd t the name. Yu understand that such financial institutins may nt investigate discrepancies between names and numbers. In additin, yu agree that we have n respnsibility t investigate discrepancies between names and numbers. Jint Accunt Hlder In submitting yur applicatin fr the Online Mney Mvement Service, yu cnfirm that, if any f yur Accunts is a jint accunt, yur jint accunt hlder has cnsented fr yu t use yur Accunts fr the Service. We will end yur use f the Service if any jint accunt hlder ntifies us that (i) they never cnsented t yur use f ur Online Mney Mvement Service, (ii) the jint accunt can n lnger be perated n yur instructins alne, r (iii) they are withdrawing cnsent fr yu t perate the jint accunt. Means f Transfer Yu authrize us t select any means we deem suitable t prvide yur funds transfer instructins t the applicable financial institutin. These chices include banking channels, electrnic means, funds transfer systems, mail, curier, r telecmmunicatins services, intermediary banks and ther rganizatins. Yu agree t be bund by the rules and regulatins that gvern the applicable funds transfer systems, such as CHIPS r autmated clearing huse (ACH) as published by the Natinal Autmated Clearinghuse Assciatin (NACHA). We shall make all reasnable effrts t ensure that yur transfer requests are prcessed n time; hwever, we reserve the right t hld funds beynd the nrmal perid and if any interest is earned will be the prperty f OneUnited Bank. Our Liability If we d nt prvide a funds transfer instructin n time, if we cause an incrrect amunt t be remved frm an Accunt r if we cause funds frm an Accunt t be transferred t any accunt ther than the Accunt r Recipient's accunt specified in the applicable funds transfer instructin, we shall be respnsible fr returning the imprperly transferred funds and/r fr directing any misdirected funds t the prper Accunt r intended recipient's accunt. OneUnited Bank is nt respnsible r liable if yur r the Recipient's financial institutin's system fails and we are unable t cmplete the transfer. Except as therwise required by law, OneUnited Bank shall in n ther event be liable fr any lsses and damages ther than thse arising frm grss negligence r willful miscnduct n ur part r if we breach a representatin r warranty f OneUnited Bank hereunder. Yu agree that yur transfer instructins cnstitute authrizatin fr us t cmplete the transfer. Yu represent and warrant t us that yu have enugh mney in the applicable Accunts t make any funds transfer yu request that we make n yur behalf thrugh the Service. Yu understand and agree that we are nt liable under any circumstances fr any lsses r damages if, thrugh n fault f urs, yu d nt have enugh mney t make the funds transfer and the funds transfer is nt cmpleted r is later reversed r if yur financial institutin des nt permit the transfer r the funds transfer wuld exceed the credit limit n any applicable verdraft line.

12 Yu als understand and agree that we are nt respnsible fr any lsses r damages if circumstances beynd ur cntrl (such as fire r fld) prevent us frm making a funds transfer r if the OneUnited Bank website was nt wrking prperly and yu knew abut the breakdwn when yu started the funds transfer. Limitatin f Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnificatin Yu agree t indemnify, defend and hld harmless OneUnited Bank, its affiliates, partners, fficers, directrs, emplyees, cnsultants, service prviders and agents frm any and all third party claims, liability, damages and/r csts (including, but nt limited t, attrneys fees) arising frm yur use f the Online Mney Mvement Service, ur reliance n the infrmatin, instructin, license and/r authrizatin prvided by yu under r pursuant t this Agreement, yur vilatin f the Terms r yur infringement, r infringement by any ther user f yur OneUnited Bank accunt, f any intellectual prperty r ther right f any persn r entity. Recipient

13 In the event that yu are an intended Recipient, anther custmer (the "Transferr") has instructed us t transfer funds (the "Funds") t an accunt yu designate at yur bank r ther financial institutin (the "Accunt"). In additin t the Terms herein, yu agree t accept the terms and cnditins set frth belw. Yu authrize us t transfer the Funds t yur Accunt. In rder fr us t cmplete the transfer, yu will be prmpted t prvide us with the fllwing infrmatin (the "Infrmatin"): 1) yur full name; 2) yur current residential address; 3) the name f yur bank r financial institutin and ABA ruting number (the 9-digit number that appears n the far left f the bttm f yur check) f the financial institutin which hlds yur Accunt; 4) the Accunt number; and 5) a secret wrd r phrase knwn nly t yu and the transferr. We will utilize the Autmated Clearing Huse (ACH) system t send the Funds t yur Accunt. We will act n the infrmatin prvided by yu in cmpleting ACH credit instructins t yur Accunt. If fr any reasn yur financial institutin returns the ACH credit r the credit ges t the wrng financial institutin r Accunt because yu have prvided us with incrrect infrmatin, we may in ur sle discretin, take reasnable effrts t cmplete the credit transactin r return the Funds t the Transferr. T enable yu, and nly yu, t receive the Funds, the Transferr has given yu the Shared Secret. If yu have nt received the Shared Secret, please cntact the Transferr directly. The Shared Secret is stred in encrypted frm by us. N ne at OneUnited Bank has access t the Shared Secret. N ne at OneUnited Bank will knw r need t knw the Shared Secret, and OneUnited Bank emplyees will never ask fr the Shared Secret. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE FOR ANY REASON. Yu agree that we shall nt be liable fr any lsses that may result if yu disclse the Shared Secret t anther persn. Yu agree nt t impersnate any persn r use a name that yu are nt authrized t use. Yu warrant and represent that yu are the persn intended by the Transferr and entitled t receive the Funds; that yu are nt a persn whse Accunts are blcked under regulatins f the Office f Freign Asset Cntrl (OFAC) f the United States Treasury Department; and that the Infrmatin yu will prvide is true, crrect and cmplete. We reserve the right t decline t cmplete any transfer, even after yu have agreed t all f the Terms, if we have reasn t believe that cmpleting the transfer wuld result in a vilatin f law r expse us t liability r risk f lss. Withut limiting the freging, we will reject any transfer if yu d nt enter the Shared Secret crrectly after three [3] attempts. If the transfer is rejected fr any reasn, the funds will be returned t the Transferr. Miscellaneus Yu understand and agree that ur service prvider is nt a bank, a brker-dealer firm, r any ther kind f financial institutin. Yu represent and warrant that yu are wh yu claim t be; that yu are the rightful wner f all Cntent and the Accunts linked fr the purpses f the Online Mney Mvement Service; and that yu are rightfully authrizing us t access the Accunts. Yu agree that ur rights and remedies arising ut f any breach f yur representatins and warranties in this Agreement, the limitatins n ur liability and ur rights t indemnificatin under this Agreement are cntinuing and shall survive the terminatin f this Agreement, ntwithstanding the lack f any specific reference t such survivability in these prvisins. OneUnited Bank's failure t enfrce the strict perfrmance f any prvisin f this Agreement will nt cnstitute a waiver f OneUnited Bank's right t subsequently enfrce such prvisin r any ther prvisins f this Agreement. The mst current versin f this Agreement as it appears n ur website, including any amendments that we may make frm time t time, cnstitutes the entire agreement between us, and supersedes and replaces all ther agreements r understandings, whether written r ral, regarding the Online Mney

14 Mvement Service. This Agreement may be amended, r any f OneUnited Bank's rights waived, nly if OneUnited Bank agrees in writing t such changes, r yu cntinue using the Online Mney Mvement Service fllwing receipt f ntice f any changes prpsed by OneUnited Bank. All ntices t yu shall be in writing and shall be made either via , cnventinal mail r messages delivered thrugh the Services, at OneUnited Bank's discretin. All ntices t OneUnited Bank must be made in writing. This Agreement is persnal t yu and yu may nt assign it t anyne. If either f us has any dispute r disagreement with the ther regarding this Agreement that we cannt reslve amicably, bth parties agree that the sle and exclusive remedy shall be binding arbitratin in accrdance with the then-current rules and prcedures f the American Arbitratin Assciatin. This Agreement shall be gverned by and cnstrued in accrdance with the laws f the State f New Yrk, withut giving effect t its cnflict f laws prvisins r yur actual state r cuntry f residence. If fr any reasn a curt f cmpetent jurisdictin finds any prvisin r prtin f the Terms t be unenfrceable, the remainder f the Terms will cntinue in full frce and effect. This Agreement shall take effect immediately upn the acceptance f yur applicatin fr the Online Mney Mvement Service by us.