ONLINE BANKING AGREEMENT

Transcription

1 ONLINE BANKING AGREEMENT This Agreement sets frth the terms and gverns the use f the Online Banking Services that Missin Valley Bank ( us r the Bank ) makes available t its custmers ( yu ) thrugh the Bank s nline banking system (the System ). By enrlling fr any Online Banking Service described herein, yu agree t be bund by these terms. Yur use f any such service will be additinal evidence f yur agreement t these terms. Please read this Agreement carefully and keep a cpy fr yur recrds. If yu have any questins r d nt understand any terms f the Agreement, please ask us fr mre infrmatin r clarificatin. 1. Definitins. The wrds accunt r accunts mean yur depsit and lan accunts at the Bank. The term electrnic funds transfers means electrnic transactin services that the Bank may frm time t time make available t yu thrugh the System, including, amng ther things, ATM withdrawals, preauthrized transactins, pint f sale transactins, transfers t and frm yur accunts using the System, and Bill Payment Services. The term System Services means the services prvided pursuant t this Agreement, including services prvided in cnjunctin with related agreements such as the Bill Pay Terms and Cnditins and Mbile Banking Terms and Cnditins. The term Business Days means Mnday thrugh Friday. Hlidays are nt included. Additinal definitins used in this Agreement are set frth belw. 2. Other Agreements. Yur use f any System Service may als be affected by the agreements between yu and the Bank fr yur depsit and ther types f accunts. This Agreement des nt change the agreements yu already have with us. Yu shuld review thse agreements fr any applicable fees, fr limitatins n the number f transactins yu can make, and fr any ther restrictins that might impact yur use f an accunt with the System Services. Furthermre, the accunts will be gverned by the agreements, if any, fr each additinal service used by yu after executin f this Agreement and by all State and Federal laws and regulatins. We may, frm time t time, ffer and intrduce new services available thrugh the System. By using these services when they becme available, yu agree t be bund by the rules, which will be cmmunicated t yu, cncerning these services. 3. Access T use the System, yu must have at least ne checking accunt at the Bank, access t Internet service, and an address. During self-enrllment fr the System, yu will chse a Username/Access ID and a passwrd fr the accunt. The Bank undertakes n bligatin t mnitr transactins effected by yu thrugh the System t determine that such transactins are made and authrized by yu. Yu agree that yu may be required t execute certain ther dcuments r enter int certain ther agreements in rder t affect ne r several types f electrnic funds transfers utilizing the System, including fr use f the Bill Payment Services, and agree t execute r enter int the same as necessary. Except as expressly set frth herein, t the extent any separate agreement fr a particular System Service differs frm this Agreement, the prvisins f that System Service-specific agreement cntrls.

2 4. System Services. Depending upn the System Services selected by yu and authrized by the Bank, yu can use the System t check the balance f yur accunts, view accunt histries, transfer funds between yur accunts, make stp payment requests, view checks, make lan payments t yur accunts, and pay bills frm yur accunts in the amunts and n the dates requested. The availability f the System Services is subject t rules f peratin set frm time t time by the Bank, including psting balance and accunt activity. Yu agree t familiarize yurself with all peratinal rules and plicies established frm time t time by the Bank regarding the System Services, and agree t cmply with such rules and plicies when utilizing the System. Withut limiting the freging, yu acknwledge and agree that there may be delays in the psting f ff-system transactinal activity n the System frm certain f yur accunts, and yu shall familiarize yurself with the Bank s prcedures fr updating accunt infrmatin as shwn n the System. 5. Hurs f Access. Yu may use the System 7 days a week, 24 hurs a day, althugh sme r all System Services may nt be available during nn-business hurs r as a result f emergency r scheduled System maintenance. The Bank shall prvide ntice t yu (via , nline alert, U.S. mail, r therwise) f any nn-emergency extended perids f nn-availability fr the System r the System Services. The Bank s nrmal business hurs f peratin at the Branch lcatins are Mnday-Thursday 9am-5pm, Friday 9am-6pm. 6. Security. Yu must nt share yur Username/Access ID and passwrd. Yu shall be slely respnsible fr the cnfidentiality and security f yur passwrd. Upn three unsuccessful attempts t use a passwrd, yur access t the System will be revked, and further access t the System shall be permitted nly upn cmpliance with established prcedures by the Bank, including the issuance f a new passwrd. Yu may use the Frgt Passwrd ptin n the System and must change yur passwrd prmptly. In the event that the Bank resets yur passwrd, yu agree t change yur temprary passwrd prmptly. We may require yu t change yur passwrd at any time. We may deny access t the System Services withut prir ntice if we are unable t cnfirm (t ur satisfactin) any persn s authrity t access the System r if we believe such actin is necessary fr security reasns. Yu acknwledge and agree that: (a) the Bank shall have n access t yur passwrd; (b) yu shall be slely respnsible t determine what passwrd will be used; and (c) yu agree that yu will be slely respnsible, and the Bank will nt be liable, fr any transactin rdered by any persn t whm yu have granted access regardless f the purpse fr which yu granted the access r fr any infrmatin abut yur accunt revealed in reliance upn yur Username/Access ID and passwrd. Yu agree that the Bank shall be authrized t affect the System Services upn receipt and verificatin by the System f yur passwrd, and that the Bank is authrized t act n instructins received upn receipt and verificatin by the System f yur passwrd. Yu agree that any transactins prcessed with yur Username/Access ID and passwrd are deemed t have been authrized by yu. Yu acknwledge that the internet may nt be secure and that we cannt cntrl the peratin f and activities n the internet. Yu accept all risk f any insecurity in use f the internet, including but nt limited t, the pssibility that data and infrmatin may be mnitred r read by thers, r that thers may use malware, spyware and viruses t

3 manipulate yur use f the System Services n the internet. We cannt and d nt warrant that accunt infrmatin and data transfers using the System Services will nt be mnitred and read by thers, r that use f the System Services n the internet will be secure. The fllwing guidelines shuld assist yu in ensuring that yur accunts and accunt infrmatin remain secure: D nt leave yur accunt infrmatin ut in an pen area r n yur cmputer screen accessible by thers. D nt send yur Username/Access ID r passwrd r privileged accunt infrmatin ver any system. D nt leave yur cmputer unattended while yu are cnnected t the System. D nt enter yur Username/Access ID r passwrd int the System when there are thers nearby wh culd bserve yu ding s. Lg ut f the System and clse yur brwser cmpletely after each sessin and/r clear cache and histry. FAILURE TO PROTECT PASSWORDS AND ANY OTHER SECURITY ITEMS MAY ALLOW AN UNAUTHORIZED PARTY ACCESS TO YOUR ACCOUNTS AND ACCOUNT INFORMATION AND ENABLE THAT PARTY TO CONDUCT TRANSACTIONS ON YOUR ACCOUNT. YOU ASSUME THE RISK OF UNAUTHORIZED USE OF PASSWORDS AND ANY OTHER SECURITY ITEMS. Each time yu make a transfer r payment, yu warrant that ur security prcedures are cmmercially reasnable (based n the nrmal size, type, and frequency f yur transactins). 7. Yur Cmputer and Sftware. Yu are respnsible fr the installatin, maintenance and peratin f yur cmputer and yur brwser sftware. Yu are required t keep yur virus prtectin, malware and ther standard system prtectin current. Yu assume all risk f errr, failure, r nn-perfrmance, including the risk that yu d nt perate yur cmputer r yur sftware prperly. We are nt respnsible fr any errrs r failures frm any malfunctin f yur cmputer r yur sftware. We have n liability t yu fr any damage r ther lss, direct r cnsequential, which yu may suffer r incur by reasn f yur use f yur cmputer r yur sftware. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. Fees and Charges. Yu agree t pay the fees and charges assciated with the use f sme System Services. Yu agree that all such fees and charges will be deducted at statement cycle frm the primary accunt number yu used t self-enrll in the System (the Primary Checking Accunt ). If yu clse yur Primary Checking Accunt, the Bank may deduct all fees and charges frm any ther accunt until yu designate anther accunt as yur Primary Checking Accunt. Yu agree t pay any additinal charges fr services yu request that are nt cvered by this Agreement. Yu acknwledge that yu shall be separately respnsible fr telephne and Internet service fees incurred in cnnectin with yur use f the System. Fees and charges assciated with System Services are fllws: - Stp Payment.$12.00/stp payment request

4 - Bill Payment. $5.25/mnth + $0.35/payment fee. The first three mnths are free. The fees and charges nted abve may be changed by the Bank by ntifying yu f the changes. Other fees, as set frth in any ther agreement yu have with us, may als apply. Cntact yur Custmer Service Representative fr mre infrmatin. 9. Accunts. Yu may designate which accunts t use in cnnectin with sme f the System Services. 10. Jint Accunts. If yu have an accunt that requires mre than ne signature fr the withdrawal r transfer f funds, yu agree that we may act upn any System instructin that is accmpanied by the passwrd designated by yu fr that accunt and the System Service in questin. Nte: This may mean that we will act upn the instructin f nly ONE persn, even thugh the signature card fr the accunt in questin requires tw r mre signatures n checks. As lng as an instructin is accmpanied by the designated passwrd, the transactin will be deemed authrized by yu. 11. Errr Reslutin Prcedure. In case f errrs r questins abut transactins using the System, yu shuld as sn as pssible ntify us via ne f the fllwing: Telephne us at during custmer service hurs; and/r, Write us at: Missin Valley Bank P.O. Bx 4010 Castaic, CA If yu think yur statement is incrrect r yu need mre infrmatin abut a System Service transactin listed n the statement, we must hear frm yu n later than sixty (60) days after the FIRST statement was sent t yu n which the prblem r errr appears. Yu must: 1. Tell us yur name and accunt number; 2. Describe the errr r the transactin in questin, and explain as clearly as pssible why yu believe it is an errr r why yu need mre infrmatin; and, 3. Tell us the dllar amunt f the suspected errr. If yu tell us verbally, we may require that yu send yur cmplaint in writing within ten (10) Business Days after yur verbal ntificatin. We will tell yu the results f ur investigatin within ten (10) Business Days after we hear frm yu, and will crrect any errr prmptly. Hwever, if we require mre time t cnfirm the nature f yur cmplaint r questin, we reserve the right t take up t frty-five (45) days t cmplete ur investigatin. If we decide t d this, we will prvisinally credit yur Payment Accunt within ten (10) Business Days fr the amunt yu think is in errr. If we ask yu t submit yur cmplaint r questin in writing and we d nt receive it within ten (10) Business Days, we may nt prvisinally credit yur Payment Accunt. If it is

5 determined there was n errr we will mail a written explanatin within three (3) Business Days after cmpletin f ur investigatin. Yu may ask fr cpies f dcuments used in ur investigatin. We may revke any prvisinal credit prvided t yu if we find an errr did nt ccur. THE ERROR RESOLUTION PROCEDURE SET FORTH IN THIS PARAGRAPH 11 APPLIES ONLY IF YOU ARE A NATURAL PERSON. IT DOES NOT APPLY TO ANY BUSINESS ENTITY. 12. Transfer Service and Lan Payments. Transfers between yur depsit accunts with us are subject t the terms f yur depsit agreement. Lan payments fr lans at the Bank are subject t the terms f yur lan agreements. Yu may instruct the System t make transfers between yur accunts at any time n any day. Yu can transfer funds between any checking and savings accunt that yu have successfully enrlled in the System. Yu can als make lan payments All transfers r lan payments submitted after 5:00 p.m. Pacific Time are effective the fllwing Business Day. The maximum amunt yu can transfer r pay is equal t the available balance in yur accunt. If yur accunt des nt have sufficient funds t cmplete a transfer r payment n the date(s) yu have tld us t transfer funds frm yur accunt; the transfer may nt be cmpleted. Hwever, if we d make the transfer as an accmmdatin t yu, yu will be respnsible fr any verdraft that is created. NOTE: Because regulatins require the Bank t limit certain transfers frm certain savings accunts, including Mney Market accunts, the fllwing limitatins apply: If yur accunt is a savings r mney market depsit, federal law requires that an accunt hlder may make up t six transfers r withdrawals by means f a preauthrized, autmatic, r telephnic transfer t anther accunt f yurs r t a third party r by check, debit card, r similar rder t a third party during any calendar mnth (r statement cycle f at least fur weeks). Yu may make unlimited transactins in persn at a teller windw, by messenger, by mail r at an ATM. If yu exceed the transactin limits n yur accunt, it may be clsed and/r cnverted t a checking accunt by federal regulatin. A preauthrized transfer includes any arrangement by us t pay a third party frm yur accunt upn written r ral instructin (including an rder received thrugh an autmated clearing huse (ACH)) r any arrangement by us t pay a third party frm yur accunt at a predetermined time r n a fixed schedule. 13. Online Bill Payment Service. The Online Bill Payment Services ( Bill Payment Services ) allws yu t make payments t thers. Participatin in Bill Payment Services is vluntary. In rder t enrll, yu must accept the Terms and Cnditins f Bill Payment Services (the Bill Pay Terms and Cnditins ) when yu first lgin t Bill Payment Services after registratin. The Bill Pay Terms and Cnditins are cntrlling nly as specifically applied t yur use f Bill Payment Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OR IN THE BILL PAY TERMS AND CONDITIONS, if yu use Bill Pay Services and yu are nt a natural persn, then the fllwing paragraphs f the Bill Pay Terms and Cnditins d nt apply: Yur Liability fr Unauthrized Transfers and the prcess fr reslving errrs utlined in the Errrs and Questins sectin.

6 14. Mbile Banking Service. The Mbile Banking Service allws yu t access certain infrmatin and receive alerts, and t remtely depsit paper checks int an eligible accunt ( Mbile Banking Depsit ) thrugh the Bank s Mbile Banking Applicatin. Participatin in Mbile Banking Services is vluntary. In rder t enrll, yu must dwnlad the Bank s Mbile Banking Applicatin and accept the assciated Terms and Cnditins f Mbile Banking Service (the Mbile Banking Terms and Cnditins ). The Mbile Banking Terms and Cnditins are cntrlling nly as specifically applied t yur use f the Mbile Banking Service n the App. Message & data rates frm yur carrier may apply. 15. Stp Payment Service. Yu may stp payment n a check yu wrte by prviding us with timely, cmplete and accurate infrmatin n: the number f the accunt in questin; the date f the item; the item number; the payee infrmatin; and the EXACT amunt f the item (dllars and cents). Stp payment requests are valid fr Six Mnths (180 days) frm the date the rder is accepted. At expiratin an rder may be renewed fr an additinal six mnths at yur request. If any infrmatin is incmplete r incrrect, we will nt be respnsible fr failing t stp payment n the item. Requests becme effective when we cnfirm their receipt and have verified that the item has nt been paid. Frm time-t-time, the System may be inperable. If that ccurs, yur request can be cmmunicated t us by telephne r in writing. Stp Payments are psted upn receipt and effective upn verificatin as set frth herein. Fees assciated with stp payment are psted the next business day if the Stp Payment request is received after 7:00 pm Pacific Time n Business Days, Saturday, Sunday r Hlidays. Yu understand that there may be claims r demands made against the Bank as a result f yur stp payment request. If any claim r demand f whatever nature is made against the Bank with respect t the stp payment rder and/r the item itself, yu agree t indemnify and defend the Bank and t reimburse the Bank fr any such claims r demands, and fr reasnable csts, expenses r attrney s fees that the Bank may incur in defending itself against any such claims r demands. Yu understand that the Bank will use all reasnable effrts t cmply with a stp payment rder. Hwever, yu understand fully that unless the item number, the date f the item, and the amunt f the item are crrectly entered n the stp payment rder, the Bank assumes n respnsibility fr stpping payment and is nt liable t yu if a stp payment cannt be accmplished. Yu may nt use the System t stp payment r revke the authrizatin f an electrnic fund transfer. All stp payment rders riginated thrugh the System are subject t applicable law and the Bank s usual rules and fees fr such rders. 16. Amending/Canceling a Transactin. Yu can use the System t cancel r change ne-time r recurring transfers r lan payments yu have previusly scheduled thrugh the System. Scheduled transfers r lan payments may be canceled r changed up t 5:00 pm Pacific Time ne Business Day in advance f the scheduled transfer r payment date. Yu may als amend r cancel a recurring preauthrized electrnic funds transfer frm yur accunt by ntifying us rally r in writing at least three business days befre the scheduled date f the transfer at the fllwing: r P.O. Bx 4010., Castaic, CA Once we have begun prcessing a payment it cannt be cancelled r edited, therefre a stp payment request must be submitted. We may nt have a reasnable pprtunity t act n any stp payment request after a transfer r payment has been prcessed. If yu desire t stp any transfer payment that has already been prcessed, yu must cntact

7 us at the fllwing number: Yur stp payment request must state the exact amunt (dllars and cents) f the transactin yu wish t stp. We may als require yu t present yur request in writing within furteen (14) days. An ral stppayment rder ceases t be binding after 14 days if yu fail t prvide the required written cnfirmatin. The charge fr each stp payment request will be the current charge fr such service as set ut in the applicable fee schedule. If yu are a natural persn, and nt a business entity, and yu rder us t stp ne f these recurring preauthrized electrnic funds transfers three (3) business days r mre befre the transfer is scheduled, and we d nt d s, we will be liable fr yur lsses r damages. Yu understand that there may be claims r demands made against the Bank as a result f yur stp payment request. If any claim r demand f whatever nature is made against the Bank with respect t the stp payment rder and/r the item itself, yu agree t indemnify and defend the Bank and t reimburse the Bank fr any such claims r demands, and fr reasnable csts, expenses r attrney s fees that the Bank may incur in defending itself against any such claims r demands. Yu understand that the Bank will use all reasnable effrts t cmply with a stp payment rder. Hwever, yu understand fully that unless the item number, the date f the item, and the amunt f the item are crrectly entered n the stp payment rder, the Bank assumes n respnsibility fr stpping payment and is nt liable t yu if a stp payment cannt be accmplished. Except as set frth herein, r applicable law prvides therwise, yu d nt have a right t cancel r amend a payment r transfer instructin nce we have received it. 17. Our Rejectin f Transactins. We may refuse any transfer r payment instructin withut cause r prir ntice. 18. Ntice f Returned Payments r Transfers. We may ntify yu electrnically, in writing, by telephne, r therwise if any funds transfer is rejected r returned fr any reasn. We will nt be bligated t credit yur accunt with any interest, unless the return is caused by ur failure t prperly execute yur instructin. 19. Unauthrized Transactins. We may prcess any payment r transfer instructin (including an amendment r cancellatin instructin) that we believe is transmitted r authrized by yu if we act in cmpliance with the security prcedures yu and the Bank have agreed upn fr the System Service. We may elect t verify the authenticity r cntent f any instructin, as an alternative security prcedure, by placing a call t any authrized signer n yur accunt r any ther persn designated by yu fr that purpse but we are nt required t d s. If we are unable t verify an instructin t ur satisfactin, we may reject the instructin. 20. Yur Liability fr Unauthrized Transfers. If yu tell us within tw (2) Business Days after yu discver yur passwrd r ther means t access yur accunt thrugh the System has been lst r stlen, yur liability is n mre than $50.00 shuld smene

8 access yur accunt thrugh the System withut yur permissin. If yu d nt tell us within tw (2) Business Days after yu learn f such lss r theft, and we can prve that we culd have prevented the unauthrized use f yur passwrd r ther means t access yur accunt thrugh the System if yu had tld us, yu culd be liable fr as much as $ If yur peridic accunt statement cntains transfers that yu did nt authrize, yu must tell us at nce. If yu d nt tell us within sixty (60) days after the statement was sent t yu, yu may lse any amunt transferred withut yur authrizatin after the sixty (60) days if we can prve that we culd have stpped smene frm taking the mney had yu tld us in time. THIS PARAGRAPH 20 APPLIES ONLY IF YOU ARE A NATURAL PERSON. IT DOES NOT APPLY TO ANY BUSINESS ENTITY. 21. Transactin Limits and Safeguards. Yu agree nt t exceed the transactin limits we may establish frm time t time fr yur accunt and Alerts Uses. Yu must nt use , including the Missin Valley Bank Online functin, fr any cmmunicatin that is time sensitive, such as placing stp payments rders, making fund transfers, reprting lst r stlen debit r credit cards r checks, r reprting an errr n yur accunt. If yu send us a message using , we will receive it by the fllwing Business Day. Yu agree that we may take a reasnable perid f time t act n any message. is Nt Secure. transmissins are nt secure. We recmmend that yu d nt send us r ask fr sensitive infrmatin via any general r public system. Respnses by . Yu agree that the Bank may respnd t yu by with regard t any nn-cnfidential matter related t the System Services r secure fr sensitive data. Any such message we send yu shall be cnsidered received within three days f the date sent, regardless f whether yu check yur messages within that time frame. Alerts. Yur enrllment in Missin Valley Online Banking and/r Mbile Banking Service includes enrllment t receive transactin alerts and ntificatins by text and/r . Alerts are electrnic ntices frm us that cntain transactinal infrmatin abut yur Missin Valley Bank accunt(s). Accunt alerts must be activated by yu t be enabled. Message & data rates frm yur carrier may apply. 23. Cutff Hurs. A number f System Services are subject t prcessing cutff hurs. All times are Pacific Time: Internal Transfers and Lan Payments 5:00 PM n Business Days. Mbile Banking Depsit, Mn-Thur 5:00 PM Mbile Banking Depsit,Fridays 6:00 PM Stp Payments Psted upn receipt; effective upn verificatin item has nt been paid.

9 24. Limitatin f Liability. If we d nt cmplete a transfer t r frm yur accunt n time r in the crrect amunt accrding t ur agreement with yu, we will be liable fr yur lsses r damages. Hwever, there are sme exceptins. We will nt be liable, fr instance if: (a) yur actins r missins, r thse f third parties that are nt within ur immediate and reasnable cntrl; (b) yu d nt prvide transfer instructins in accrdance with the terms and cnditins f yur accunt r fail t schedule a transfer in a timely manner; (c) thrugh n fault f urs, yur accunt has insufficient funds t make the transfer; (d) the funds are subject t legal prcess r ther encumbrance restricting such transfer; (e) such transfer wuld exceed an established credit limit; (f) an electrnic terminal has insufficient cash t cmplete the transactin; (g) a technical malfunctin, including but nt limited t, any errr, failure r delay in the transmissin r delivery f data, recrds r items due t a breakdwn in any cmputer r cmmunicatins facility knwn t yu at the time that yu initiated the transfer; (h) an act f Gd r ther circumstances beynd the Bank s cntrl, including but nt limited t accidents, strikes, labr disputes, civil unrest, fire, fld, water damage (e.g., frm fire suppressin systems); (i) the failure f third persns r vendrs t perfrm satisfactrily, ther than persns t whm we have delegated the perfrmance f specific bligatins undertaken by us as prvided in this Agreement. There may be ther exceptins t ur liability, as stated in yur depsit r ther agreements with us. 25. Indemnificatin. Except as set frth herein r as therwise required by law, yu agree t indemnify, defend and hld us, ur parent cmpany, affiliates and subsidiaries, and ur respective directrs, fficers, emplyees and agents, harmless frm and against any claim, damage, lss, liability and cst (including, withut limitatin, attrneys fees) f any kind which results directly r indirectly, in whle r in part, frm: (a) ur actins r missins, if they are in accrdance with yur instructins r the terms f this Agreement; r (b) the actins r missins f yu r yur agents r representatives. 26. Arbitratin. At yur r ur request, any claim r cntrversy that arises ut f r relates t this Agreement r the System Services will be submitted t arbitratin in accrdance with the terms f yur depsit agreement with us. 27. Statements. Infrmatin n transfers t r frm yur accunts will be reflected in yur peridic statements. Yu may elect thrugh the System t receive balance, depsit r limited transactin alerts. 28. Terminatin. Yu may cancel the System Services at any time by prviding the Bank with written ntice by pstal mail r fax. Yur access t the System will be suspended within 3 Business Days f the Bank s receipt f yur instructins t cancel the System Services. Yu may als call the Bank directly t cancel System access. Yu agree that yu shall remain respnsible fr all utstanding fees and charges incurred prir t the date f cancellatin, as well as fr all electrnic funds transfers and System Services affected by yu. Withut limiting the Bank s ability t immediately terminate access fr gd cause, the Bank may terminate r limit access t the System r the System

10 Services fr any f the fllwing reasns: (a) withut prir ntice, if yu have insufficient funds in any ne f yur accunts accessible by the System (System Services may be reinstated, in the Bank s sle discretin, upn 3 Business Days ntice); (b) withut prir ntice, if yu d nt cntact the Bank t designate a new Primary Checking Accunt immediately after yu clse yur Primary Checking Accunt; r (b) withut prir ntice, if the Bank reasnably believes it is necessary t prtect (c) upn reasnable ntice, fr any ther reasn (including but nt limited t inactivity), in the Bank s sle discretin. In the event f inactivity, a single attempt t cntact yu via will be deemed reasnable ntice prir t terminating yur access t the System. 29. Disclsure f Accunt Infrmatin. Yur accunt infrmatin is subject t the Bank s Privacy Plicy any applicable System Service-specific privacy plicy. Pursuant t that plicy, we will disclse infrmatin abut yur accunt nly under certain specific circumstances, including the fllwing: When necessary t verify r cmplete a transactin; Where necessary fr activating additinal services; T cmply with legal prcess, such as a gvernment agency r curt rder; r With yur written cnsent. 30. Ntices. Unless this Agreement prvides therwise, yu may cmmunicate with the Bank in any ne f the fllwing ways: inf@missinvalleybank.cm r ebanking@missinvalleybank.cm Telephne: Facsimile: Pstal Mail: Missin Valley Bank PO Bx 4010 Castaic, CA In Persn: Missin Valley Bank Main Branch 9116 Sunland Blvd. Sun Valley, CA Missin Valley Bank - Centre Pinte Branch Carl Byer Drive Ste 120 Santa Clarita, CA The addresses nted abve may be changed by the Bank by ntifying yu f the changed address(es). Ntices t yu may be mailed r sent t yu electrnically at the statement, , r mailing address shwn fr yu in ur depsit r System recrds. Yu agree that any ntice r ther type f cmmunicatin prvided pursuant t the terms f this Agreement, and any future disclsures required by law, including electrnic fund transfer disclsures, may be made electrnically by psting the ntice n the System website r by e- mail. Yu agree t ntify the Bank immediately f any change in yur address.

11 31. Miscellaneus Terms. Agents. Yu will nt allw thers t prvide instructins t us n yur behalf withut ur prir written cnsent. Yu will be slely respnsible fr the acts and missins f such agents. Yu agree t indemnify, defend and hld us harmless frm any actins, claims, prceedings, damages, lsses and csts which yu r we incur as a result f their actins r missins. Assignment. Yu may nt assign this Agreement, nr assign any right r delegate any bligatin under this Agreement, withut prir written cnsent frm the Bank and any purprted assignment in vilatin f this sectin shall be vid. The Bank may assign this Agreement either in part r in whle at any time and with r withut ntice t yu and may assign its rights and delegate its duties under this Agreement t a cmpany affiliated with it r t a third party. This Agreement is binding upn yur heirs and the Bank s successrs and assigns. Amendments. We may amend (add t, delete r change) the terms f this Agreement, the System Service-related fees, and ur perating prcedures (if required t by law) by prviding yu with prir written ntice r prir electrnic ntice. We may amend ur security prcedures withut prir ntice if immediate changes are required fr security reasns r the changes d nt have a material effect n yur use f the System Services. Califrnia Law. This Agreement will be gverned by and cnstrued in accrdance with the laws f the state f Califrnia, withut reference t Califrnia s cnflict f law prvisins. Ntwithstanding anything in the Bill Pay Terms and Cnditins t the cntrary, Califrnia law gverns yur use f the Bill Pay Services. Cmpliance with Laws. Yu agree t cmply with all applicable laws and regulatins when using the System. Yu agree nt t initiate any payment that wuld vilate the ecnmic sanctins administered by the U.S. Treasury s Office f Freign Assets Cntrl. Entire Agreement. This Agreement supplements (and supersedes where incnsistent) the terms f any ther agreement yu have with us. Except as expressly set frth herein, this Agreement (alng with any fee schedule and any applicable System Service-specific terms and cnditins) cnstitutes the entire agreement between yu and us with respect t the System and the System Services. Headings. Headings t sectins f this Agreement, any addenda r any exhibit are included fr ease f reference and shall nt be deemed t create rights, remedies, claims, r defenses arising under this Agreement Mnitring f Cmmunicatins. Yu agree n behalf f yurself and yur agents r representatives that we may mnitr and recrd yur telephne and electrnic cmmunicatins in cnnectin with the System Services at any time, withut further ntice t yu r any party t the cmmunicatin. N Third Party Beneficiaries. This Agreement is made fr the exclusive benefit f yu and us. N third party has any rights under this Agreement. N Third Party Use. Unless yu have ur prir written cnsent, yu may nt use the System t prcess transactins fr third parties r permit thers t initiate System Service transactins n yur behalf. Overdrafts. When yu transmit a transfer r payment request t us, yu authrize us t charge yur accunt fr the amunt indicated. If yur accunt des nt have sufficient available funds, we may reject the transactin. Our

12 allwance f any verdraft will nt bligate us t hnr future verdrafts at a later time, and we may refuse t d s withut cause r prir ntice. We may charge a fee fr each payment r transfer request presented against insufficient available funds. Security Interest. Yu grant us a security interest in yur accunts t secure the repayment f any verdraft r ther bligatin that yu incur under this Agreement. Validity. If any prvisin f this Agreement is fund t be vid r invalid, the remainder f this Agreement will remain in full frce and effect. Waivers / Overdrafts. Any waiver by us must be in writing t be effective. Our waiver f any right will nt be deemed a waiver f ther rights r f the same right at anther time. Our practice f allwing verdrafts will nt bligate us t cntinue the practice at a later date. We my discntinue permitting verdrafts at any time and withut prir ntice. A waiver by the Bank r yu f any term r prvisin shall nt be cnstrued as a waiver f such term r prvisin at any ther time, r f any term r prvisin. Any waiver (express r implied) by either party f any default r breach f this Agreement must be in writing and shall nt cnstitute a waiver f any ther r subsequent default r breach.