Online Banking Agreement and Consent to Use of Electronic Records (this “Agreement”) between (a) each owner of an eligible account or such owner’s authorized representative (“you”), and (b) MountainOne Bank (“we,” “us,” “our,” “MountainOne,” or “Bank”).

This Agreement includes a consent to the use of electronic communication of account agreements, disclosures, and all account-related information, including information that MountainOne is required by law to provide to you. Enrolling in online banking alone will not result in monthly statements being provided to you electronically; you must enroll in e-Statements for that purpose. We will provide paper copies to you upon request and payment of applicable copy fees in accordance with our Fee Schedule in effect at that time. You are not required to consent to MountainOne’s use of electronic records. If you do consent, you have the right to withdraw your consent in the future by emailing or writing to us. Withholding or withdrawing your consent will result in your being unenrolled from online banking.

Table of Contents:

1. Overview
   
   1. What this Agreement Covers
   2. Acceptance, Amendment, and Termination
   3. Prohibited Uses
   4. Relationship to Other Agreements
2. Equipment, Software, and Security
   
   1. Minimum Requirements
   2. Supported Browsers – Personal Computers
   3. Viruses, Malware, and Spyware
3. Transfers and Stop Payment Requests
   
   1. Transfer Types
   2. Transfer Limits
   3. External Transfers
   4. Failure, Rejection, or Cancellation
   5. Settlement of External Transfers
   6. Terms of Service for Transferring Funds by Automated Clearing House (ACH)
   7. Stop Payment Requests
4. Bill Pay
   
   1. Third-Party Bill Pay Service Provider
   2. Enrollment Request for the Bill Pay Service
   3. Definitions
   4. Authorization
   5. Processing
   6. Processing and Cutoff Times
   7. Stop Payment Requests (Bill Pay Only)
   8. Prohibited Payments
5. Mobile Deposit
   
   1. Overview
   2. Limits
   3. Endorsements; Procedures
   4. Check Requirements; Image Quality
   5. Rejection of Deposits
   6. Unpaid Checks
   7. Storage, Security and Destruction of Checks
   8. Presenting Checks More Than Once
   9. Cooperation with Investigations
6. e-Statements
7. CardSwap^TM Payment Service
   
   1. Household Account Information
   2. Limitations
8. ClickSwitch Service
   
   1. Overview
   2. Account Information from Existing Financial Institutions
   3. Online Alerts
9. Confidentiality
10. Scope of and Restrictions on Use
    
    1. Limited License to Use Services and Software
    2. Ownership of Services and Software
11. Miscellaneous Provisions
    
    1. Assignment
    2. Governing Law
    3. Availability of Services
    4. Changes to the Services
    5. Consent to Electronic Writing and Signatures
    6. Waiver
    7. Severability
    8. Conflict with Reg. E Disclosures
12. Information You Provide to Us, and Our Right to Rely on It; Unauthorized Transactions; Liability of the Bank and Its Contractors; Disclaimer of Warranties
    
    1. Login Credentials
    2. Joint Accounts
    3. Account and Other Information
    4. Error Resolution Notice; Notification of Loss of Login Credentials or Unauthorized Transactions
    5. Liability of the Bank and Its Contractors
    6. Release and Indemnification of MountainOne
    7. Disclaimer of Warranties

1. Overview

a. What this Agreement Covers

This Agreement sets forth the terms and conditions governing your use of any online or mobile banking services offered by MountainOne and accessible through mountainone.com (“Services”), including, without limitation, online banking, mobile banking, remote deposit capture, bill payment, electronic transfers, loan payments, stop payment requests, ClickSWITCH, CardSwap, and any other services which MountainOne makes available from time to time. Unless the context clearly requires otherwise, all references to online banking herein also refer to mobile banking, which means MountainOne’s online banking Services but accessed from a mobile device.

b. Acceptance, Amendment, and Termination

When you apply for, enroll in, activate, or use any of the Services or authorize others to do so on your behalf, you are agreeing to be bound by this Agreement. You shall not access the Services if you are not of legal age to form a binding contract with us. You represent that you have the capacity to be bound by this Agreement or, if you are acting on behalf of a company or legal entity, that you have the authority to bind such company or legal entity.

Certain sections of this Agreement, indicated by words such as “If you use …,” only apply to use of a specific Service. We have the right to modify or terminate this Agreement at any time. Except to the extent that applicable law requires notice to you, we will post on our website the modified Agreement or a statement of termination, as the case may be; the modification or termination will become effective immediately upon posting, regardless of whether we have given you notice of other changes. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further Services will be provided, including, without limitation, payments or transfers scheduled in advance or any pre-authorized recurring payments or transfers. If we modify this Agreement, your continued use of Services will constitute your acceptance of such changes in each instance.

c. Prohibited Uses

You agree to comply with all restrictions on your use of the Services imposed by the Bank or applicable law, including, without limitation:

• • You shall use the Services for legal purposes only and not in violation of any U.S. or foreign laws, including, without limitation, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations promulgated by the U.S. Treasury Department, such as sanction laws administered by the Office of Foreign Asset Control.
  • You will not use the Services in a European Union Member State; you represent and warrant that you are not a citizen of a European Union Member State.
  • You agree not to initiate any funds transfers that are not allowed under the rules and regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
  • You agree that if we suspect or believe a transaction is unlawful or even suspicious, we may block the transaction and take any other action we deem to be reasonable. This includes acting to prevent violations of the Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”) and the ACH Terms of Service set forth herein.
  • If you are a non-consumer, you certify that you are not now engaged, and will not use the Services, in any activity or business that is unlawful under the UIGEA.
  • You agree not to use the Services in any manner that could damage, disable, overburden, or impair the service or interfere with any other parties use and enjoyment of the Services.
  • You shall use the Services only for permitted uses and otherwise in accordance with this Agreement.

d. Relationship to Other Agreements

In addition to this Agreement, the Services and each of your accounts are also governed by the applicable Deposit Account Agreement between you and MountainOne and any Disclosures, Rates, and Fee Schedules we provide or post on mountainone.com. When an account is linked to the Services, it does not change the agreements you already have with us, and you are still subject to the terms and conditions we gave you in the Deposit Account Agreement and Disclosures for the linked account.

2. Equipment, Software, and Security

a. Minimum Requirements

In order to use the Services, you will need the following software and hardware at a minimum (the “Minimum Requirements”):

• • Personal computer running Microsoft Windows 10 or later or Mac OS 11 or later
  • Mobile device running Android OS 12.x or later, iOS 16.x or later, or WatchOS 9.x or later (there is limited support for iOS 15.x and Watch OS 8.x)
  • Internet connection with a minimum of 10 Mbps download bandwidth
  • Mobile device with 5G or 4G LTE connectivity when not connected to WiFi
  • Supported browser for consumer and commercial users
  • Valid email address
  • Most recent version of Adobe Reader for desktop and mobile devices; we cannot guarantee documents will appear as intended if you use another PDF application
  • All manufacturer-recommended security, anti-virus, anti-malware, and anti-spyware updates applied
  • Rear-facing camera with a resolution of at least 5 MPs to use mobile deposit service
  • Printer (to print paper copies if you so desire)

The mobile applications for online banking function best when GPS, also known as Location Services, is enabled.

b. Supported Browsers – Personal Computers

MountainOne requires you to use the latest browser version available, for optimal performance and security purposes. We recommend Google Chrome for the best user experience. The current version, and the previous two major versions, of each of the following browsers have been tested and determined to provide reliable user experience for most Services. Some of these browsers may present information or show minor behavioral or cosmetic differences, but generally support the use of communications and our retail and commercial banking applications functionality.

Windows Operating System
Google Chrome
Microsoft Edge
Mozilla Firefox

MacOS
• Google Chrome
• Mozilla Firefox
• Apple Safari

You are responsible for paying any fees associated with the online banking platform as well as any additional fees that may be assessed by your Internet Service Provider and for any telephone or data charges or fees incurred by accessing online banking.

c. Viruses, Malware, and Spyware

MountainOne requires you to install comprehensive anti-virus, anti-malware, and anti-spyware software on each device you use to access the Services, and to install all security-related updates published by the software developer(s). The Bank recommends that you perform routine virus and malware scans for your device, including mobile devices, by using a current supported virus and malware protection product. MountainOne is not responsible for any electronic virus or viruses a customer may encounter while using the internet.

3. Transfers and Stop Payment Requests

a. Transfer Types

In order to transfer funds from any account at the Bank, you must be identified in our records as an owner of the account from which the transfer is being made. You may then use your login credentials (as defined herein) to access your account(s) to:

• • Transfer funds between your checking and/or savings accounts at the Bank whenever you request.
  • Pay bills directly from your checking account in the amounts and on the days you request in advance.
  • Transfer funds from your checking or savings accounts to your loan accounts.
  • External transfer (A2A; P2P; ACH) – A transfer between your account at the Bank and your account at another financial institution or other third party. Additional terms govern external transfers.
  • Customer to Customer transfer – A transfer between your account at the Bank and another customer’s account at the Bank.

The Bank shall have the right to use any means or routes which we in our sole discretion consider suitable to execute your transfer, including, without limitation: Automated Clearing House transfer (“ACH”), Fedwire transfer (a funds transfer system operated by the Federal Reserve Banks), or by check. You shall be bound by rules and regulations that govern the applicable funds transfer systems including, without limitation, ACH rules as published by the National Automated Clearinghouse Association (“NACHA”) and MountainOne’s Terms of Service for Transferring Funds by ACH (set forth herein).

b. Transfer Limits

There are limits on your ability to transfer funds, not all of which are stated in this Agreement. Some limits apply only to certain types of accounts. The application of other limits depend on: whether a requested transfer is between two accounts held at the Bank (an “internal transfer”) or an external transfer; whether the transferee account is a deposit account or a loan account; and whether the transfer is requested using our bill pay service. Those limits include, without limitation, the following:

• The maximum amount of an internal transfer to a deposit account is your available balance.
• The maximum amount of an external transfer is $2,500.
• The maximum amount of a transfer requested using the bill pay service is $10,000; the minimum is $1.
• We may from time to time modify transfer limitations for security and risk management reasons.
• In addition to limits imposed by us, the other financial institution in an external transfer may impose limits on the dollar amount and/or frequency of transfers.

Your ability to transfer funds from certain accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.

c. External Transfers

You will need to enroll an external account before you can transfer funds to or from that external account. To enroll an external account, you must be an owner of the MountainOne account as well as the external account; we may require you to submit proof of ownership of the external account. You shall not attempt to register any account unless you have the authority to transfer funds to or from such account, as the case may be.

Not all types of accounts are eligible for funds transfer. You may be subject to penalties by the other financial institution, or suffer negative tax consequences, for certain transactions involving retirement accounts (401K, IRA, etc.), trusts or other account types. All external transfers are also subject to the rules and regulations of the other financial institution. It is your responsibility to (a) verify any restrictions of the other financial institution which pertain to any external account you enroll, (b) obtain all permissions required by the other financial institution prior to transferring to or from that external account, and (c) pay any fees charged by the other financial institution. We reserve the right to decline to transfer funds to any external account.

In order to enroll an account, you will need to provide certain information about the external account including the Routing & Transit Number and an account number. It is your responsibility to ensure you submit valid and correct external account information. We may verify the external accounts from time to time. You authorize us to validate the external accounts by the use of a test transfer in which one or more low value payments will be deposited and/or credited to the external account. You authorize us to use the information submitted by you to complete authorized external transfers.

d. Failure, Rejection, or Cancellation

MountainOne, our contractors and service providers, in our sole and absolute discretion, have the right to reject, reverse, or cancel any transfer you initiate, and/or restrict or condition your ability to use MountainOne’s funds transfer services, at any time for any reason or no reason, including, without limitation, (a) insufficient funds in an account being debited; (b) suspicious activity; (c) order of any law enforcement agency or other legal process; (d) inability to verify information you or others provide or are asked to provide; (e) providing us with false or inaccurate information; (f) hacking, tampering or impacting the service functionality, availability or security; (g) using the Services for unlawful purposes (as determined by us in good faith, but without the need for inquiry); or (h) failing to cooperate with any information request.

You may not make transfers in excess of the collected funds in your account. If the account has insufficient funds to cover a transfer, the Bank may, in our sole discretion:

• • Cover the transfer under the terms of any overdraft protection plan you have established.
  • Cover the transfer and overdraw your account until the overdraft is paid.
  • Refuse to cover the transfer.
  • Cancel any and all transfers you have attempted, including scheduled recurring transfers.
  • Impose fees consistent with the applicable Fee Schedule.

Transfers that are “in process” cannot be cancelled or stopped. You may cancel a transfer at any time up until it has been processed. Cancelling a single transfer before such transfer is processed, or unenrolling any account from external transfers, can be done within the online banking portal.

e. Settlement of External Transfers

External transfers that move money from the Bank to another financial institution or individual, and vice versa, generally take three to five business days to settle. As used in this Agreement, “business day” means Monday through Friday other than Bank holidays; Saturdays and Sundays are not business days regardless of whether any Bank services or representatives are available. If we permit you to initiate an expedited transfer, this time may be reduced to one to two business days. However, specific transaction times may vary, and neither we nor our contractors and service providers guarantee any specific turnaround time to complete external funds transfers. You should check your accounts to see your transfers. If you are transferring funds to a third party, you should check with the intended recipient of the funds to confirm the status of the funds.

f. Terms of Service for Transferring Funds by Automated Clearing House (ACH)

The following terms (the “ACH Terms of Service”) govern any transfer by ACH, whether you select ACH as the means of transmission or whether you initiate a transfer and MountainOne elects, in its discretion, to use ACH as the means of transmission. In these terms, “you” means both the party using the Services to initiate funds transfers, and the party approving a request to transfer funds from or to you. If you are the party initiating a funds transfer, these ACH Terms of Service supplement the disclosures or agreements you agreed to as part of the registration process for the Services. You may also have other agreements with another financial institution that holds your account that apply to your account but not to the Services.

ACH Service Provider. The Bank uses Finastra and other financial intermediaries as its agents (collectively, the “ACH Service Provider”) to accomplish funds transfers. You accept our appointment of the ACH Service Provider as our agents to electronically process your funds transfers on our behalf as you have instructed, subject to the terms and conditions stated herein. You understand and agree that the ACH Service Provider is not acting as a fiduciary, trustee or money transmitter, or providing escrow service, with respect to your funds, but only acting as the Bank’s processor. The Services allow you to initiate or authorize funds transfers between accounts or people you have designated using the funds transfer service (an “ACH Transfer”). By clicking the “Submit” button you authorize us as the financial institution to (i) accomplish this transfer using ACH and (ii) to use the ACH Service Provider as our agent for this purpose.

ACH Entries. You understand that the Bank and its ACH Service Provider may originate more than one ACH entry (for example, a paired credit and debit entry) to accomplish the transfer you are requesting or authorizing. These ACH entries may be originated in any sequence (for example, a credit may be provided to you in advance of settlement on a paired debit entry against your account). You authorize us or our ACH Service Provider to resubmit debit entries against your account as needed to fulfill the ACH Transfer you have requested. If this is a recurring ACH Transfer, this authorization will continue in full force and effect until such time as you cancel the recurring ACH Transfer as provided below.

NACHA Rules. You agree to comply with the NACHA rules when as the Originator (as defined under NACHA rules) you initiate funds ACH Transfers to or from your accounts or accounts of another person. You authorize the ACH Service Provider to be an Originator and to use an Originating Depository Financial Institution (“ODFI”) (as defined under NACHA rules) chosen by it where appropriate to process your request to MountainOne.

Verification of Information. If you are requesting funds be transferred from an account held by another person to an account you have with us, you authorize us and our ACH Service Provider to send an email or SMS text message on your behalf requesting such other person to authorize the funds transfer to you. If you will be using an account at another financial institution to initiate ACH Transfers using MountainOne’s funds transfer service, you authorize us and our ACH Service Provider to make small deposits and/or withdrawals to the target account to confirm your control of that account (and to reverse these after the test is completed). The withdrawal amount(s) will never be greater than the deposit amount(s). You agree to verify online the amounts of such deposits and/or withdrawals. We will not transfer the funds in this case until verification is made, and neither we nor our ACH Service Provider shall have any liability to you for failure to initiate the funds transfer you have requested due to your failure to complete the authorization process. Notwithstanding the foregoing, some accounts you have at another financial institution may be used without this verification process.

Cancellation or Reversal of ACH Transfers. You may not be able to cancel or revoke an ACH Transfer once you have submitted or approved it since processing begins immediately or soon after your approval is received by us. For your rights in placing a stop payment on your account, refer to the specific account disclosures provided to you by the Bank. You may stop payment of a recurring ACH transfer orally or in writing at least three business days before the scheduled date of the transfer. If processing has not begun, you may be allowed to cancel or delete ACH transfers: ACH Transfers with a status of pending may be cancelled; recurring ACH Transfers may be deleted prior to submission of the next transfer. You agree that credits to your account are provisional and subject to return or reversal if we or our ACH Service Provider receives returns or reversals from the ACH or if we must otherwise reverse an ACH Transfer (including for failure to receive final payment). After we have received final payment on ACH credits, these deposits are referred to as collected items. We also reserve the right to refuse to process or to return all or any funds transferred.

g. Stop Payment Requests

The stop payment request feature of online banking is an alternate entry system for making stop payment requests. When utilizing this feature, you warrant that the information describing the check, including its exact amount and the check number, is correct. The exact amount of the check is required. If the incorrect amount or any other incorrect information is provided, the Bank will not be responsible for failing to stop payment on the item. Any stop payment request must be received by the Bank within a reasonable time for the Bank to act on the order prior to final payment of the check. A stop payment request received by the Bank using this service will be accepted as if it were in written form and will be effective for six months only, and will expire automatically at that time, without further notice, unless specifically renewed prior to expiration. You agree that it is commercially reasonable for the Bank to pay on an item for which a stop payment order has expired without further notice or approval. When you elect to execute stop payment requests using the Services, the stop payment request will be received by the Bank as an electronic document. The Bank will manually review the current and previous month’s transactions in an attempt to verify that the item has not already been posted to your account before manually processing the stop payment in the Bank’s core database. However, if a stopped item has already been paid prior to the Bank receiving the request, the Bank shall not be liable for any loss you may incur arising from the Bank’s processing of the stop payment request. Use of the stop payment request service does not apply to payments issued through the bill pay service. The Bank will not be responsible for returning funds due to an unrecoverable external transfer.

4. Bill Pay

a. Third-Party Bill Pay Service Provider

Jack Henry & Associates, Inc. (“Jack Henry”) is the third-party bill pay service provider with which the Bank has contracted to provide the bill pay service to its customers. Jack Henry will be processing bill payments and providing support directly related to these customer-initiated bill payments. The Bank, at its sole discretion, reserves the right to change bill pay service providers from time to time.

b. Enrollment Request for the Bill Pay Service

The bill pay service requires an enrollment in addition to your registration for online banking. The Bank reserves the right to refuse enrollment in the bill pay service to any customer who does not meet the criteria which have been established by the Bank and/or Jack Henry. Included in those criteria is a requirement that subscribers to the bill pay service must live within the United States, its possessions and territories.

c. Definitions

As used in this section of the Agreement, the following terms shall have the meanings indicated:

• • “Payee” means the vendor, biller, person or entity to whom you wish a bill payment to be directed.
  • “Payment Instructions” means the information provided by you to the bill pay service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.).
  • “Payment Account” means your checking account and, in the instance of insufficient funds and/or an overdrawn account, any applicable account or available balance on an overdraft limit (overdraft privilege) at the Bank, from which all bill payments may be made and/or such funds collected.
  • “Processing Date” means the business day of your choice upon which your bill payment will be sent and your Payment Account will be debited.
  • “Cutoff Time” means 4:00 p.m. Eastern Time on any business day, and is the time by which you must transmit instructions to have them considered entered on that particular business day.

d. Authorization

By providing the bill pay service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the bill pay service to follow the Payment Instructions that it receives from you or your authorized user through the bill pay service. When the bill pay service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as soon as reasonably possible. Payment will be made to your Payee either electronically via the ACH or by check.

e. Processing

The method of payment depends upon the processing method that can be accommodated by the Payee or Jack Henry (e.g., some Payees are unable to accept electronic payments). The payment may be deducted from your Payment Account by two methods depending upon the amount of the payment and your credit history. The two methods are: 1.) Via an electronic debit through ACH or 2.) Via a draft drawn on your account and processed through the Federal Reserve System (as if you had written a check drawn upon your checking account). All bill payments debited from your account will appear on your monthly Statement of Account and under the “BILL PAY HISTORY” section of the Bill Pay on the Bank’s online banking platform. ACH debits will reflect the name of the Payee (e.g., XYZ Utility Company) as well as the date and amount; payments by check will be reflected on your statement with a date, payee and address, and amount. All payments can be viewed with the Payee’s name, payment amount and payment date by reviewing your recent payment history under the electronic Payment List option provided to you as part of the bill pay service.

f. Processing and Cutoff Times

It is necessary that all Processing Dates selected by you be no fewer than five business days before the actual due date for payments that are being sent by check and three business days for ACH payment (not the late date and/or a date in the grace period). It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Payment instructions entered after the Cutoff Time or on a non-business day will be considered entered in the bill pay service on the next business day. If you properly follow the procedures described herein, and the bill pay service fails to send a payment according to the Payment Instructions received, the bill pay service will bear responsibility for all late charges. In any other event, including but not limited to choosing a Processing Date which is not five business days before the due date or on or past the due date stated on your invoice or bill, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be your responsibility.

A bill payment is “In Process” starting at the Cutoff Time on the Processing Date. A bill payment is a “Pending Payment” starting from the time you enter Payment Instructions until the payment is “In Process.” A bill payment is considered “Completed” on the business day you selected as the scheduled Processing Date. You may cancel or edit any Pending Payment (including recurring bill payments) by following the directions provided on the bill pay service Help menu. There is no charge for canceling or editing a Pending Payment.

g. Stop Payment Requests (Bill Pay Only)

We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is “In Process” and it is not possible to stop or cancel a payment which is “Completed.” If you desire to cancel or stop any payment which is “In Process”, you must call MountainOne at (855) 444-6861. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payment requests sent to us via email or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to confirm your request in writing within ten business days after you call. The charge for each stop payment order will be the then current charge for such service as disclosed in our Fee Schedule.

Unless otherwise provided in this Agreement, you (the consumer) may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

h. Prohibited Payments

The following payment types are prohibited through the bill pay service:

• Tax Payments
• Court Ordered Payments
• Payments to Payees outside of the United States or its possessions/territories

In addition, loan accounts at MountainOne may not be paid using the bill pay service, but instead may be paid using the Transfer or Payment option available in the online banking platform, or by automatic recurring transfer.

The Bank has the right to terminate your access to the bill pay service of any reason, including the filing of a bankruptcy petition by or with respect to you or any other owner of your account.

5. Mobile Deposit

a. Overview

Mobile deposit services allow you to make deposits to your checking, money market or statement savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the procedures set forth herein; must read and capture the magnetic ink character recognition (“MICR”) line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank presently offers the benefits and convenience of the mobile deposit service to you free. The Bank reserves the right to charge fees for the mobile deposit service in the future, with the required documentation.

b. Limits

The Bank reserves the right to establish and assign to you deposit limits for the mobile deposit service, including limits on the dollar amount and/or number of checks that you may transmit through such service each day, and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily deposit dollar limit is $2,500 and the daily number of items that can be deposited is five. There is also a rolling 25-day limit during which a total of 25 checks can be deposited for a total of no more than $25,000. If you make a deposit through the mobile deposit service before 5:00 p.m. on a business day, we will consider that day to be the day of your deposit. However, if you make a deposit through the mobile deposit service after 5:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day.

c. Endorsements; Procedures

You agree to restrictively endorse any item transmitted through the Services as “Mobile Deposit MountainOne Bank”. You agree to follow any such other procedures and instructions for use of the mobile deposit service as the Bank may establish from time to time. Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use the mobile deposit service to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the mobile deposit service.

d. Check Requirements; Image Quality

The image of an item transmitted to the Bank using the mobile deposit service must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, without limitation, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time of an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check).

e. Rejection of Deposits

After we receive check images and all other required deposit information from you through the mobile deposit service, we shall provisionally credit your designated account for the total amount of such checks. The provisional credit is subject to final payment of the checks and is also subject to your Deposit Account Agreement and Disclosures. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion. Pursuant to the Deposit Account Agreement and Disclosures, you agree to reimburse us for losses, costs and expenses we may pay or incur associated with any check image not meeting the substitute check standards set forth in Regulation CC, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to any mobile deposit. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any check that you transmit for deposit through the mobile deposit service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any check transmitted through the mobile deposit service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection.

f. Unpaid Checks

You are solely responsible for verifying that checks that you deposit by using the mobile deposit service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because checks were returned unpaid by the payer financial institution. In the event that the Bank credits your account for a check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree that, because the original check is your property, it will not be returned and the Bank may charge back an image of the check, an ACH debit, or other electronic or paper debit, as the case may be, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original check or a substitute check. You may not use the mobile deposit service to deposit a substitute check and you may not deposit the original check through the mobile deposit service or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions we may provide to you in connection with returned checks.

g. Storage, Security and Destruction of Checks

After you receive confirmation that we have received an image, you must securely store the original check for 14 calendar days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within two business days, at your expense, the requested original check in your possession. If not provided in a timely manner, we will reverse the amount we credited to your account with respect to the check. Promptly after the 14-day retention period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original check, the image will be the sole evidence of the original check.

h. Presenting Checks More Than Once

Once you have used the mobile deposit service to deposit a check you agree not to present, or allow anyone else to present, that original check or a substitute check of that original check again for deposit through the mobile deposit service or by any other means. If you or anyone else shall present a check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion, and you and each owner of the account shall be liable to us for any amount we are unable to recover from your accounts.

i. Cooperation with Investigations

You shall cooperate with us in the investigation of unusual transactions, poor quality transmissions in the mobile deposit service, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the mobile deposit service in your possession and your records relating to such items and transmissions.

6. e-Statements

In order to enroll in e-Statements, you will need to sign a separate e-Statement delivery agreement which will govern your use of that service, and demonstrate that you are able to view PDFs from at least one of your devices. If you do not enroll in e-Statements, you will receive paper statements in the mail.

7. CardSwap^TM Payment Service

If you enroll in CardSwap, the following terms will govern your use of that service:

a. Household Account Information

In order to use the CardSwap payment service, you will need to link your household billing accounts (“Household Accounts”) to the CardSwap service by providing us with the login credentials and other account information necessary to access such accounts (“Household Account Information”). You hereby authorize us to use and store your Household Account Information and to access your Household Accounts to provide the CardSwap service to you and to configure the CardSwap service so that it is compatible with the Household Account sites you link to CardSwap. You represent and warrant to us that you are the legal owner of any accounts on Household Account sites that you access via the CardSwap service and that you have the authority to allow us to access your accounts using your Household Account Information on your behalf.

b. Limitations

You acknowledge and agree that: (a) some payees may not allow us to access your Household Accounts on your behalf; (b) payees may make changes to their sites and/or other services, with or without notice to us, that may affect overall performance of the CardSwap service and prevent or delay swapping to such payees; (c) certain payees may not accept swapping from all types of funding sources (for example, not all Household Accounts can be paid with credit cards); and (d) we may, in our sole discretion, impose limits on the number and amount of payments, individually or in the aggregate, that you can send using the CardSwap service. A swap will occur with the MountainOne card that you link in CardSwap.

8. ClickSwitch Service

If you enroll in ClickSwitch, the following terms will govern your use of that service:

a. Overview

The ClickSwitch service is a personal finance management service that allows you to move your automatic transactions from accounts at existing financial institutions (“Existing Financial Institutions”) to your accounts at MountainOne or set up new automatic transactions (including online payments, automated payments and direct deposits) at MountainOne.

b. Account Information from Existing Financial Institutions

When the Switch Assist feature is enabled in the ClickSwitch tab in the online banking portal, you may direct ClickSwitch to retrieve your information, including without limitation, data, passwords, usernames, PINs, log-in information, materials and other content (“Account Information”), maintained online by Existing Financial Institutions with which you have customer relationships, maintain accounts or engage in financial transactions. ClickSwitch works with one or more online financial service providers (“Third Party Providers”) under contract to access this Account Information. By using this feature of ClickSwitch, you authorize ClickSwitch and such Third-Party Providers to access and use this Account Information for purposes of providing the ClickSwitch service. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.

MountainOne, ClickSwitch, and our respective contractors, service providers, and Third-Party Providers cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain Account Information or loss of Account Information, personalization settings or other service interruptions. We cannot and do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, communications or personalization settings. For example, when displayed through ClickSwitch, Account Information is only as current as the session in which it is accessed, which reflects when the Account Information is obtained from the Existing Financial Institutions. Such Account Information may be more up-to-date when obtained directly from the relevant Existing Financial Institutions. You can refresh your Account Information through ClickSwitch, in the manner prescribed in the associated instructions.

c. Online Alerts

ClickSwitch may from time to time provide automatic alerts and voluntary account-related alerts to inform you of the status of the account and transaction switch service. By providing us with your email address, you agree to receive all required notices electronically, to that email address. Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time, you may disable future alerts.

Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your registration information. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. ClickSwitch may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. ClickSwitch endeavors to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that neither ClickSwitch nor MountainOne shall be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

9. Confidentiality

It is our general policy to treat your account information as confidential. All information we collect is subject to the MountainOne Privacy Policy posted on mountainone.com. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy. However, consistent with our Privacy Policy, we will disclose information to third parties about your account or the transfers you make in the following situations:

• • We return transfers or payments made from your account which are drawn on insufficient funds or if we are unable to complete an electronic transfer or payment because of insufficient funds;
  • Where it is necessary for completing transfers;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant;
  • To a consumer reporting agency for quality assurance;
  • In order to comply with a governmental agency or court orders; or
  • If you give us your written permission.

We and our contractors and service providers do disclose so-called “de-identified” information for product improvement, sales, and marketing purposes, among other purposes. “De-identified information” means records that have had enough personal removed or obscured such that the remaining information does not identify an individual and there is no reasonable basis to believe that the information can be used to identify an individual. You agree that the Bank may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Bank a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to the Bank in any way. The Bank will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

10. Scope of and Restrictions on Use

a. Limited License to Use Services and Software

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, on the terms of this Agreement. Except as otherwise provided in this Agreement, no component of the online banking software (the “Software”) may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose. You agree not to:

• • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear in the Software; or
  • access or use the Services for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

If you download the Software, you further agree not to:

• • copy the Software;
  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software;
  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time;
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software;
  • use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without the Bank’s express written consent, which may be withheld in the Bank’s sole discretion;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome);
  • post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.

b. Ownership of Services and Software

The Services, the Software, and all content therein are licensed or owned by us and our licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed in the Software are registered and unregistered marks of ours and our licensors. The Software is licensed, not sold, to you. You acknowledge and agree that, as between you and us, we are and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

11. Miscellaneous Provisions

a. Assignment

You may not assign this Agreement to any other party. MountainOne may assign this Agreement to any present or future, directly or indirectly, affiliated company. MountainOne may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

b. Governing Law

The laws of the Commonwealth of Massachusetts and applicable Federal laws govern this Agreement. In the event of any conflict between these provisions and any applicable law or regulation, these provisions shall be deemed modified to the extent, and only to the extent, required to comply with such law or regulations.

c. Availability of Services

Under normal circumstances, most Services will be accessible 24 hours a day, seven days a week. One or more of the Services may be inaccessible for a reasonable period on a daily basis for system maintenance. Specific Services, such as mobile deposit, bill payment, electronic transfers, loan payments, stop payment requests, ClickSWITCH, and CardSwap, may experiences longer outages and may become unavailable at any time without notice. Your access to the Services shall be determined at the sole discretion of the Bank.

d. Changes to the Services

Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of previously incurred fees. Your access to the Services may be terminated after 180 days of non-use. We may, from time to time in our sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. In addition, we reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

e. Consent to Electronic Writing and Signatures

Any requests or instructions we receive from you through the Services using your login credentials shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. By accepting this Agreement and using the Services, you consent to the use of electronic signatures for the purposes of signing documents and executing transactions. By using electronic signatures, you are entering a legally binding agreement, equivalent to traditional handwritten signatures. This consent covers all documents and transactions related to the Services, including, without limitation, all account agreements, disclosures, and all account-related information and communications, including information that MountainOne is required by law to provide to you. You waive any objections to the validity or enforceability of electronic signatures. We will provide paper copies to you upon request and payment of applicable copy fees in accordance with our Fee Schedule in effect at that time. You are not required to consent to MountainOne’s use of electronic records. If you do consent, you have the right to withdraw your consent in the future by emailing us at customercare@mountainone.com or writing to us at MountainOne Bank, Attn: E-Services, 93 Main Street, North Adams, MA 01247. Withholding or withdrawing your consent will result in your being unenrolled from online banking.

f. Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of that or any other provision hereof. We have the right to change or suspend any limits on the size or frequency of any funds transfer, mobile deposit, bill payment, or other transaction, individually or in the aggregate, or to allow you to exceed any such limits in our sole discretion.

g. Severability

If any provision of this Agreement shall be deemed by any court having jurisdiction thereon: (a) to be invalid or unenforceable, the balance of this Agreement shall remain in effect; (b) to be unenforceable because such provision shall be too broad in scope by reason of the geographic or business scope or the duration thereof, or for any other reason, such provision shall be construed to be limited in scope to the extent such court shall deem necessary to make it enforceable; and (c) to be inapplicable to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.

h. Conflict with Reg. E Disclosures

This Agreement is intended to be consistent with the disclosures we make as required by Regulation E, 12 CFR § 1005.1 et seq., which are set forth in the Electronic Funds Transfer Agreement and Disclosure posted and periodically updated on our website. In the event of any conflict between this Agreement and our Regulation E disclosures, the Regulation E disclosures will control.

12. Information You Provide to Us, and Our Right to Rely on It; Unauthorized Transactions; Liability of the Bank and Its Contractors; Disclaimer of Warranties

a. Login Credentials

The Bank is entitled to act on instructions received through the Services using your login credentials or the login credentials of anyone you have authorized to have access to your account. You shall protect the confidentiality of your account and account number, user ID, password, security questions, the image you select to authenticate your account, personal passphrase, multi-factor authentication devices and passcodes, geolocation information, and other authentication methods (collectively, “login credentials”). You shall not, under any circumstances, disclose your login credentials to any person whom you have not formally authorized to access and make transactions with your account. The prohibition on disclosure of your login credentials includes, without limitation, disclosure by telephone or to anyone claiming to represent the Bank; the Bank’s employees do not need and should not ask for your login credentials. Except for unauthorized electronic fund transfers (as defined herein), you are liable for all transactions, including transfers and bill payments, made or authorized using login credentials which you or any other person formally authorized to access your account shall have shared in violation of this paragraph. The Bank has no responsibility for establishing the identity of any person using your login credentials. If, despite the Bank’s advice, you give your login credentials to anyone, you do so at your own risk. Anyone to whom you give your login credentials will be presumed to be an authorized user, and will have full access to your accounts even if you attempt to limit that person’s authority.

As used in this Agreement, “unauthorized electronic fund transfer” has the meaning indicated in Section 2(m) of Regulation E, which as of the drafting of this Agreement is:

“an electronic fund transfer from a consumer’s account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. The term does not include an electronic fund transfer initiated:
(1) By a person who was furnished the access device to the consumer’s account by the consumer, unless the consumer has notified the financial institution that transfers by that person are no longer authorized;
(2) With fraudulent intent by the consumer or any person acting in concert with the consumer; or
(3) By the financial institution or its employee.”

Certain of the Services may require you to register for an additional account, on mountainone.com or a third-party site. Your login credentials for any such additional account shall be considered to be “login credentials” within the meaning of this Agreement.

b. Joint Accounts

In the event that any of your accounts are held jointly with another person or persons, each joint holder of the account shall be able to exercise any and all rights hereunder individually and shall be jointly and severally liable for the obligations incurred under this Agreement and will be bound by this Agreement. One holder of a joint account can enroll for the Services, with any authorized signature on the account, and be issued a set of login credentials. Without limiting the foregoing, each person named on an account may utilize any Services under this Agreement, may close the account, may terminate the Services authorized by this Agreement, may authorize others to use any Services on behalf of such person, and may agree to amend this Agreement and, in any such event, such action shall be binding upon each other person who is bound by this Agreement. You shall indemnify, defend, and hold harmless the Bank from any claims, demands, complaints, causes of action, investigations, or lawsuits initiated by any person other than you who is a joint holder of one or more accounts with you, with respect to any such action taken by you or using your login credentials.

c. Account and Other Information

You shall ensure that all information you provide to us in connection with the Services is complete and accurate when provided, and updated as necessary to remain complete and accurate thereafter. Such information may include, without limitation, routing and account numbers, the check number and amount of checks, and contact information for you and others. You may update your email address at any time from within the online banking platform, by selecting Settings, Preferences and Update Contact Information. The Bank and its contractors and service providers are entitled to rely on all such information and process transactions based on the information you provide. Any errors in the information that you provide to us are your responsibility. We and our contractors and service providers are not required to verify the accuracy of any information you provide, inquire with you as to whether any information has changed, or investigate discrepancies between account numbers and names on any account. We reserve the right to execute internal and external transfers using account number information only, even if the name and the account number do not match. You waive any and all claims you may have or assert against MountainOne, our contractors or service providers relating directly or indirectly to accessing or using or reliance upon any such information or data by you or anyone else.

d. Error Resolution Notice; Notification of Loss of Login Credentials or Unauthorized Transactions

You must notify us immediately by telephone or mail (not email) if you believe (a) your login credentials have been lost or stolen, (b) your original checks or mobile device used for mobile deposit have been lost or stolen, or (c) that someone has made any unauthorized transaction using your account or the Services without your permission. Telephone is the best way to communicate with us regarding unauthorized access or transactions and is the communication method most likely to minimize your losses. Failing to notify us in a timely manner may result in loss of all funds in your account, plus the maximum on any overdraft line of credit you may have and any other lines of credit accessible using the Services. The Bank has the right to revoke your access to any Services if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the login credentials belonging to you and/or your authorized user(s).

You can lose no more than $50 if you fail to give us notice that your login credentials have been lost or stolen and your login credentials are used to initiate one or more unauthorized electronic fund transfers. However, we will not be liable for any unauthorized electronic fund transfer unless you notify us within 60 days after a statement showing the unauthorized transfer is made available to you.

In case of any such suspected error, call (855) 444-6861 during business hours, or write to:

MountainOne Bank
Attn: E-Services
93 Main Street
North Adams, MA 01247

Contact the Bank via the methods outlined above if you believe your statement is wrong or if you need more information about a fund transfer or bill payment listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Please provide the following information:

• • Tell us your name and account number.
  • Describe the error, the fund transfer, or bill payment you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
  • If you tell us orally, we may require that you confirm your complaint or question in writing within ten business days.

We will determine whether an error occurred within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you believe is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not credit your account.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

In an effort to manage our risk, we and our service providers may, but are not required to, monitor your transactions and processing activity for high-risk practices or for fraudulent transactions.

For questions that do not involve unauthorized access to or transactions in your account, you may also reach our Customer Care Center by email at customercare@mountainone.com.

e. Liability of the Bank and Its Contractors

The Bank’s obligations with respect to unauthorized account access or transactions of which you timely notified us are set forth above. In addition, if we do not complete a transfer, bill payment, stop payment request, or other transaction to or from any of your accounts on time or in the correct amount according to our agreements with you, we will be liable for your losses or damages, subject to the limitations set forth herein. For all other errors by the Bank in connection with the Services or any transaction to or from you using the Services, the Bank’s sole responsibility for an error in a fund transfer or bill payment will be to correct the error. IN NO CASE SHALL THE BANK, ITS CONTRACTORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE INFORMED US OF THE POSSIBILITY OF SUCH DAMAGES), including, without limitation, damages for loss of service, lost opportunity, lost profits. potential savings, telephone numbers, account numbers, stored data, reward points, or other licenses, privileges, benefits, or features of any kind. In states which do not allow the exclusion or limitation of liability for indirect, punitive, special, incidental or consequential damages, the Bank’s liability is limited to the extent permitted by applicable law.

Use of the Services is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Services is 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 of such material and/or data.
MountainOne is not responsible for any electronic virus or viruses a customer may encounter while using the internet.

Our service providers are independent contractors and not our agents. To the extent permitted by applicable law, we will not be responsible for any error, damage or other loss caused by any service provider.

There are additional exceptions to the Bank’s liability for processing transactions on your accounts. For example, and without limitation, the Bank shall not be liable in the following events:

• Through no fault of ours, you do not have enough money in your account to make a transfer or bill payment you have initiated, or the transfer or bill payment would exceed any overdraft limit in your account or overdraft credit line. The Bank may, at its option, pay a scheduled bill payment which exceeds the balance in the checking account by transferring the amount of the resulting overdraft from your available overdraft limit, indicated in the Account Agreement.
• The funds in your account were attached or the transfer cannot be made because of legal restrictions affecting your account.
• Any system or any software was not working properly and you knew about the breakdown when you started the transfer.
• Any of the Services are down for maintenance or other reasons.
• The bill payment processing center is not working properly and you know or have been advised by the bill pay service about the malfunction before you execute the transaction.
• A funding account you specify as a payment source for the CardSwap service is closed or does not contain sufficient funds to complete the transaction.
• A Payee mishandles or delays a payment sent by the bill pay service.
• Circumstances beyond our control (such as interruption of telephone or internet service or telecommunication facilities, outage of any of the Services, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• You have not provided us with complete and correct transfer or payment information, including without limitation, the name, address, account number and payment amount for the payee on a bill payment.
• You have not properly followed the instructions for using the Services or any software.
• Your operating system or software was not properly installed or functioning properly.
• You did not have adequate anti-virus, anti-malware, or anti-spyware software on your device, or if such software was not updated to the latest commercially available version.
• You are unable to access your account or the Services due to Internet facility or service provider delays or other problems.

There may be other exceptions stated in our agreements with you.

f. Release and Indemnification of MountainOne

You hereby release the Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you or any joint holder with you of any account have (a) authorized the person performing the action or transaction to use your account(s) or (b) given your login credentials to such person, in each case unless the action or transaction is an unauthorized electronic fund transfer. You agree to indemnify and hold harmless MountainOne, its contractors and service providers from and against all liability, loss, damage, injury, claim, judgment, settlement, arbitration award, fine, penalty, expense, or fee of any kind, including, without limitation, reasonable attorneys’ fees, arising from (i) any such claims or actions, or (ii) your use of the Services. The term “damages” as used in this Agreement includes, without limitation, any and all, including, attorneys’ or accountants’ fees.

g. Disclaimer of Warranties

ALL SERVICES ARE PROVIDED “AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICES, OUR WEBSITE, OR ANY CONTENT ACCESSIBLE USING THE SERVICES OR AVAILABLE FROM OTHER SITES ACCESSIBLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD- PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.

September 6, 2023

© MountainOne Bank 2023