ONLINE SERVICES

CUSTOMER AGREEMENT

including
ELECTRONIC FUNDS
DISCLOSURE STATEMENT
& CARDHOLDER AGREEMENT

63 State Street
Newburyport, MA 01950

Telephone (978) 462-3136 x7189

Insured in Full by
FDIC and DIF

Inquiry Hours
8:30 AM - 5:00 PM - Mon. - Wed

8:30 AM - 7:00 PM – Thurs & Fri.

8:30 AM 12:00 PM - Sat
(Holidays Excluded)

Dear Customer:

In recent years, a number of new services have been introduced by the banking industry which relies on electronic technology, referred to as Electronic Funds Transfer or EFT. These services may include direct preauthorized credits, such as social security and payroll deposits, direct preauthorized payments, automated teller machines or cash dispensers, and a variety of other terminals not located at the bank which makes it possible for you to perform financial transactions at other locations.

Congress has passed the Electronic Fund Transfer Act (Title IX to the Consumer Credit Protection Act) and the Massachusetts Legislature has passed Chapter 167B of the Massachusetts General Laws, each of which defines certain responsibilities of banks providing electronic funds transfer services and of customers utilizing such services. This document consists of a General Disclosure Statement and a Newburyport Five Cent Savings Bank Cardholder Agreement. We are providing you with the General Discloser Statement in the event you subscribed to electronic banking services such as receiving direct deposits to your account or arranging to have regular payments made from your account to a third party. Please read and retain this statement and agreement for future reference. You may not presently be using all of the electronic banking services which we offer and therefore some of the terms or disclosures may not currently apply.

If you request or have a Newburyport Five Cents Savings Bank ("Card"), the Cardholder Agreement explains the services available to you and, together with the General Disclosure Statement, sets forth your rights and responsibilities in connection with the use of the Card. These constitute a legally binding contract, and by using a Personal Identification Number ("PIN") or using the Card, you agree to comply with their terms.

  1. GENERAL DISCLOSURE STATEMENT
  2. In addition to any other agreements applicable to such services, the following terms and conditions govern these services and are being provided to you in accordance with federal and state law.

    1. Your Ability to Stop Payment:
    2. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS, THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS OR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

      The initiation by you or certain electronic fund transfers from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer.

    3. Stopping Preauthorized Payments:
    4. If you told us in advance to make regular payments out of your account to a third party, you can stop any of these payments by calling us at the telephone number listed on the front cover or by writing us at the address listed on the front cover. We must receive your stop payment request at least 3 business days before the payment is scheduled to be made. If you call, we will require you to put the request in writing and get it to us within 14 days after you call. Once we have processed your stop payment request, we will stop all payments in the amount indicated by you, to the third party named in your request, unless you instruct us in writing to resume making such payments. (We will charge you for each stop payment order you give, in accordance with our schedule of service charges for applicable fees at that time.)

      If these regular payments vary in amount, the person whom you are paying will tell you 10 days before each payment when the payment will be made and how much it will be. If, however, you prefer you may choose to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

      If you have properly requested us to stop any of these regular payments, and we do not do so, we will be liable to you for damages which you prove are directly caused by our failure to stop payment.

    5. Electronic Check Conversion
    6. (a) Notice About Electronic Check Conversion. When you provide a check payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. [You authorize us to collect an insufficient fee (refer to Fee Schedule) through an electronic fund transfer from your account if your payment is returned unpaid.]

      (b) Notice for Providing Additional Information About Electronic Check Conversion. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment. You will not receive your check back from the Newburyport Five Cents Savings Bank.

    7. Documentation of Transfers:
    8. (a) Terminal Transfer. You will be provided a receipt for any transaction over $15.00 at the time you make any transfer to or from your account using any Third Party Electronic Banking Terminal.

      (b) Finding out about a recurring electronic deposit. If you have arranged to have electronic deposits made to your deposit account at least once every 60 days from the same third party, you can call us at the telephone number listed on the front cover to find out whether or not the deposit has been made. For your protection we will ask for identification about your account. For social security payments, please call after the third day of the month to confirm if payment has been received for that month.

      (c) Periodic Statements. You will receive a monthly account statement unless there are no transfers in a particular month. In any case, you will receive a statement at least every three months.

      (d) Evidence of Transaction. Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima-facie proof that such transfer was made.

      (e) Passbook Account Where The only Possible Electronic Fund Transfers Are Preauthorized Credits. If you bring your passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook.

    9. Our Business Days:
    10. Our business days are Monday Through Friday. Holidays are not included.

    11. Statement Savings/Money Market:
    12. Up to six transfers a month permitted to another account of the depositor at the same Bank or to a third party if by preauthorized, automatic, telephone agreement or check, draft, or similar instrument.

    13. Our Liability for Failure to Make Electronic Banking Transactions:
    14. If we do not complete a transfer to or from your account on time or in the correct amount according to this agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

      (a) If, through no fault of ours, you do not have enough money in your account to make the transfer;

      (b) If the transfer will go over the credit limit on your overdraft line (if you have overdraft protection);

      (c) If the Terminal or System Center where you are making the transfer does not have enough cash;

      (d) If the Terminal or System Center was not working properly and you knew about the breakdown when you started the transfer;

      (e) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;

      (f) If we are legally restricted from transferring the funds in your account;

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

    15. Disclosure of the Account Information to Third Parties:
    16. In order that your privacy may be protected, we will not disclose any information about you or your account to any person, organization, or agency except:

      (a) For certain disclosures necessary for the completion of a transfer;

      (b) For verification of the condition and existence of your account for a credit bureau or merchant;

      (c) To persons authorized by law in the course of their official duties;

      (d) To our employees, auditors, service providers, attorneys or collection agents in the course of their duties;

      (e) Pursuant to a court order or lawful subpoena;

      (f) To a consumer reporting agency as defined in Chapter 93 of the Massachusetts General Laws; or

      (g) By your written authorization which shall automatically expire after 45 days.

      If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 days after we have discovered that an unauthorized disclosure has occurred.

    17. If You Think There is an Error on Your Statement:
    18. In cases of errors or questions about your electronic transfers (for example: direct deposits preauthorized transfers from your accounts or transfers using your card) or if you think your statement or receipt is wrong or if you need more information about a transfer described on a statement or receipt, telephone us at the telephone number listed on the front cover, Monday through Friday (excluding holidays) during the hours listed on the front cover, as soon as you can.

    19. Liability for Unauthorized Transaction:
    20. You will be liable for unauthorized use of your Card or PIN Number at a Newburyport Five Cent Savings Bank Third Party Electronic Banking Center to the extent allowed by applicable federal and state law. Tell us AT ONCE if you believe your Card and your PIN number, or either one of them, has been lost or stolen or used without your permission. Telephoning is the best way, if any, of keeping your possible losses down. You can lose no more than $50 if you fail to give us notice of a lost or stolen Card or a disclosed PIN number without permission. If you believe that your Card and PIN number, or either one of them, has been lost or stolen, or that someone has transferred or may transfer, money from your account without your permission, call us at 978-462-3136, between the banking hours shown on the front cover (other than bank holidays), or call 800-264-5578 after hours, or write to us at the address shown on the front cover.

      YOU MUST CONTACT US ONLY AT THE TELEPHONE NUMBER OR ADDRESS ABOUT YOUR ERRORS OR QUESTIONS. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

      (a) Tell us your name and account number.

      (b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

      (c) Tell us the dollar amount of the suspected error and, if possible, the date it appeared on your statement.

      (d) It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any further information.

      IF YOU TELL US ORALLY, WE WILL REQUIRE THAT YOU SEND US YOUR COMPLAINT OR QUESTIONS IN WRITING, AT THE ADDRESS PROVIDED ON THE FRONT COVER, TO BE RECEIVED BY US WITHIN 10 BUSINESS DAYS.

      We will report to you the results of our investigation within 10 business days following the date you notified us. We will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question following the date you notified us. If we decide to use more time to investigate, within 10 business days following the date you notified us we will recredit your account for the amount you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days following your oral notification, we may not recredit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

      If we decide there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation and we must make these available to you for your inspection. For a reasonable fee covering our duplication cost, we will provide you with copies of any such documents which you request. If your alleged error concerns a transfer to or from a third party (for example, a Social Security payment) our investigation may be limited to a review of our records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

    21. Electronic Funds Transfers
    22. Indicated below are types of Electronic Funds Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transaction listed. You should keep this notice for future reference.

      Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking, savings or money market account.

      Preauthorized payments. You may make arrangement to pay certain recurring bills from your checking, statement savings and money market accounts. (limitations apply to statement savings and money market accounts)

      Automated Telephone Funds Transfers-types of transfers

      You may access your account by calling TellerPhone our 24 hour automated banking system toll free at 1-877-462-3136. You will need your TellerPhone PIN, a touch tone phone, and your account number(s), to:

      • Get Information about:
        • The account balance of checking, money market, and savings accounts.
        • The last five deposits to checking, money market, and savings accounts.
        • The last five checks, debits or withdrawals paid from checking, money market or savings accounts.

      By accepting this agreement you are establishing the following levels of transactional access to current and future accounts assigned to your Internet Banking profile.

      • Transfer from checking to checking, statement savings or money market (limitations apply to statement savings and money market accounts).
      • Transfer funds from statement savings or money market to checking, statement savings or money market (limitations apply to statement savings and money market accounts).
      • Make payments from checking, statement savings or money market to loans (limitations apply to statement savings and money market accounts).

      Internet Banking/Mobile Banking Registration and Transfers

      You may access your account(s) via computer or mobile device 24 hours a day by logging onto our web site at www.newburyportbank.com or downloading our Mobile App for both Apple and Android devices and using your customer ID and password, to:

      • Get information about:
        • The account balance of checking, money market, savings accounts, certificates of deposits, IRA's and loan accounts.
        • The last 90 days* activity on checking, money market or savings accounts.
          * Account history accumulates from the activation date.

      A transfer authorization form must be signed to perform the following transaction using Internet Banking. A transfer authorization form can be signed at any one of our six locations.

      • Transfer from checking to checking, statement savings or money market (limitations apply to statement savings and money market accounts).
      • Transfer funds from statement savings or money market to checking, statement savings or money market (limitations apply to statement savings and money market accounts).
      • Make payments from checking, statement savings or money market to loans (limitations apply to statement savings and money market accounts).
      • Make payments from checking to third parties using the Bill Pay feature. FEES - See the FEE SCHEDULE for current fees on Online Banking and Bill Pay.
      • Transfer funds from Home Equity Line of Credit account to internal checking, statement savings or money market account in the minimum amount of $500.
    23. Protected Consumer Use of Electronic Fund Transfer Services:
    24. Chapter 167B of the Massachusetts General Laws was enacted to provide a means for financial institutions, business, and consumers to conduct their business relations more conveniently. Transferring funds electronically will supplement the use of checks, credit, and cash and will not replace these present methods of doing business. As a consumer, you should be aware of your rights if you choose to utilize this system.

      (a) Prohibition of Compulsory Use. No person may:

      • require you to use a preauthorized electronic fund transfer as a condition for the extension of credit unless the credit is being extended in connection with a Checking Account or NOW Account to maintain a specified minimum balance in your account.
      • require you either to accept a transfer service or to establish an account which is accessed electronically as conditions of employment or receipt of government benefit.
      • require you to pay electronically for the purchase of goods or services.

      If your account is to be credited by a preauthorized transfer, you may choose the financial institution to which the transfer may be made if the institution is technically capable of receiving such a transfer.

      (b) Waiver of Rights. No writing or agreement signed by you can waive the rights conferred to you by Chapter 167B of the Massachusetts General Laws unless you decide to waive these rights in settlement of a dispute or action.

      (c) Discounts Prohibited. A retail business or store which contains an electronic branch (e.g. Newburyport Five Cents Saving Bank or Electronic Banking Terminal) may not offer a discount to you to encourage purchases by electronic fund transfer rather than by cash, check or charge.

      (d) Refunds. If it is a policy of a retail business or store to give cash refunds in return for an item purchased by cash, then this policy must also cover refunds for items purchased by electronic fund transfer unless it is clearly disclosed at the time the transaction is consummated that no cash or credit refunds are given for payments made by electronic transfers.

      (e) Suspension of Obligations. If a person agrees to accept payment by means of an electronic fund transfer and the system malfunctions, preventing such a transfer, then your obligation is suspended until the transfer can be completed, unless that person, in writing, demands payment by other means.

      (f) Prohibited Means of Identification. Your Social Security number cannot be used as the primary identification number, although it can be used as a secondary aid to identify you.

      (g) Criminal Liability. Procuring or using a card, code or other means of electronic access to an account with the intent to defraud is a basis for criminal liability.

    25. Interest Rates:
    26. See our posted notification of current rates for the rate of interest which is paid on your account. This schedule is available at all locations or by calling the number listed on the front cover of the agreement.

    27. Minimum Balance, Service Charges:
    28. Information with respect to these items is set forth in our schedule of service charges.

    29. Amendments:
    30. We may amend the terms and conditions of this agreement at any time. We will give you written notice at least 30 days before the amendment which will result in greater costs or liability to you or stricter limitations on the transfers you may make. If however, an immediate change in the terms and conditions is necessary for security reasons, we may amend these terms and conditions without such prior notice.

    31. Governing Law, Conflict with Applicable Law:
    32. The above provision will be construed in accordance with the laws of the Commonwealth of Massachusetts. 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 regulation.

    33. FinanceWorks and PurchaseRewards
    34. FinanceWorks and PurchaseRewards are two services designed to make managing your finances online easier than ever before. Both of these features are free and are optional to use. This means that the terms and conditions are effective only if you accept them and begin using these products.

      • FinanceWorks is a personal financial management tool that allows you to view your complete spending picture in one place regardless of where the purchase information comes from.

      • The PurchaseRewards product enables you to receive cash rewards on goods and services that you already buy today.

  3. CARDHOLDER AGREEMENT
    1. Your Encoded Card and Your PIN Number:
    2. If you requested services and your request was approved, we have encoded your Newburyport Five Cents Savings Bank Card for use in the Newburyport Five Cents Savings Bank, and Third Party Electronic Banking Terminals. In this agreement we will call them "Machines." Your card may also be used to purchase goods and services through point-of-sale transactions at places that have agreed to accept your Card. In this agreement, we will refer to these transactions as "POS" transactions.

      In your request you designated the accounts for which you wanted access by electronic means. Access can be requested for the following accounts with us:

      • Your NOW/Checking Account

      • Your Statement Savings Account

      • Your Money Market Account

      You have the option to limit the electronic access to one or more specific accounts. You also have the option to limit the amount that can be withdrawn in a single day to $50.00 provided you make such a request to us.

    3. Using the Newburyport Five Cents Savings Bank Services:
    4. During the hours that a Machine is accessible to the general public, you can use your Card and PIN number at the Machine or POS for the following purposes, to the extent the law allows and Machine and POS is able to perform the transaction.

      (a) Cash Withdrawals. You can withdraw up to $500.00 on-line or available balance whichever is smaller, or your available VIP limit from your designated NOW/Checking, Statements Savings, or Money Market Account.

      (b) Deposits. You can make deposits to your designated NOW/Checking, Statement Savings, or Money Market Account. Funds from ATM deposits may not be available for immediate withdrawal. Refer to published documents on Funds Availability.

      (c) Transfers. If multiple accounts can be accessed, you can transfer funds between your designated Accounts. For security reasons, in some circumstances, limits may be placed on the number of withdrawals and transfers you can make using our automated-terminal.

    5. Third Party Electronic Banking Terminals:
    6. You may make withdrawals up to a total of $500.00 on line or available balance, whichever is smaller, or your allowable VIP limit. Some of these services may not be available at all electronic banking terminals and may be limited by third parties. You may choose to limit access by electronic means to one or more of your accounts. If you use a third party ATM (an ATM not owned by Newburyport Five Cents Saving Bank) we will impose a Service Charge of $1.00. If you use a third party ATM that ATM operator or any network may charge you a fee (surcharge). You may be charged a fee (surcharge) for a balance inquiry even if you do not complete a funds transfer. The Newburyport Five Cents Savings Bank is a member of the SUM ATM group, in which member banks waive ATM surcharge fees for customers of other member banks. You may not access your Money Market Account from a third party ATM.

    7. Liability for Unauthorized Transaction:
    8. You will be liable for unauthorized use of your Card or PIN Number at a Newburyport Five Cent Savings Bank Third Party Electronic Banking Center to the extent allowed by applicable federal and state law. Tell us AT ONCE if you believe your Card and your PIN number, or either one of them, has been lost or stolen or used without your permission. Telephoning is the best way, if any, of keeping your possible losses down. You can lose no more than $50 if you fail to give us notice of a lost or stolen Card or a disclosed PIN number without permission. If you believe that your Card and PIN number, or either one of them, has been lost or stolen, or that someone has transferred or may transfer, money from your account without your permission, call us at 978-462-3136, between the banking hours shown on the front cover (other than bank holidays), or call 800-264-5578 after hours, or write to us at the address shown on the front cover.

    9. Joint Accounts:
    10. If more than one person signed your request for services, each person who signed will be bound by this agreement and will be responsible for paying all amounts owed as a result of this agreement.

    11. Evidence:
    12. If we go to court for any reason, we can use a copy, microfilm, or microfiche of any document to prove what you owe or that a transaction has taken place, and the copy, microfilm or microfiche will have the same validity as the original.

    13. Our Rules and Regulations and Other Agreements:
    14. The accounts that you designated may also be governed by other agreements between you and us and by our Rules and Regulations for Personal Deposit Accounts.

    15. Terminating This Agreement:
    16. You can terminate this agreement at any time by notifying us in writing and no longer using your Card Machine. We can also terminate this agreement at any time. Whether you terminate this agreement or we do, the termination will not affect your obligation under this agreement, even if we allow any transaction to be completed with your Card after this agreement has been terminated.

    17. Notice:
    18. All notices from us will be effective when we have mailed them or delivered to the last address that we have for you in our records. Notices from you will generally be effective once we receive them at the appropriate address specified in this agreement; but notices under section 4 ("Liability for Unauthorized Transaction") will be effective once you have done whatever is reasonably necessary to give us the information we need - such as by telephoning or mailing a notice to us. If more than one person signed your request for services, notice to or from one of the people who signed the request will be effective for everybody who signed.

    19. Collection Expenses:
    20. If we ever have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorney's fees.

    21. Maintenance of Accounts:
    22. As long as this Cardholder Agreement remains in effect, you agree to maintain at least one of your designated accounts. Should all of your designated accounts close, your Card privileges will be cancelled and we may retain your Card if you attempt to use it.

    23. Right to Withdraw Funds:
    24. The Newburyport Five Cents Saving Bank has the right to withdraw funds from any account(s) in the name of the cardholder in order to satisfy any transaction made by the use of the card.

    25. Ownership of Card:
    26. The Card is not transferrable and remains our property. You agree to return the Card to us immediately upon our demand. For your protection Newburyport Five Cents Savings Bank is programmed to retain Cards in certain circumstances.

    27. Purchases:
    28. (a) You can use your ATM "only" Card and PIN to pay for purchases at places that have agreed to accept your Card. Limits. ATM "only" Cards are issued with a $300.00 daily purchasing limit. We may impose a Service Charge of $.25 for Point of Sale (POS) Services.

      (b) A "MasterMoney Purchase" is defined as a purchase at a MasterCard¨ merchant where you sign (as opposed to entering your PIN for the transaction.

      Point of Sale (POS) Services. If your card is a MasterMoneyTM Card, you can use your card and signature to pay for purchases from merchants displaying the MasterCard¨ symbol.

      Your rights relating to refunds and returned merchandise are the same as when you pay with cash or check. You must resolve issues of this type directly with the merchant. It is the merchant's own policy on refunds and returns that governs these transactions.

      Limits. MasterMoney Cards are issued with a $1500 daily purchasing limit. You may request an increase to the daily purchasing limit by calling the telephone number provided with the card. We will impose a Service Charge of $.25 for POS Debit Transactions when entering your PIN for the transaction.

      The MasterMoney Card is a debit card that will also work as an ATM Card. The Newburyport Five Cent Savings Bank also offers an "ATM only" Card.

      (c) Purchases or withdrawals made with your card from your money market or statement savings accounts will be limited to 6 of any type of electronic transfers per month. Please see your opening account disclosure agreement for more details.

  4. FinanceWorks & Debit Rewards Offers -- End User License Agreement

    In addition to the above content, if you decide to use either FinanceWorks or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

      1. LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the "Service") solely to manage your financial data, and the purchase rewards application ("Debit Rewards Offers") to benefit from your debit card purchases.

      In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "Service" and "Debit Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

      You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

      2. OWNERSHIP. The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

      3. YOUR INFORMATION AND ACCOUNT DATA WITH US. You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

      We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

      4. YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

      If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

      If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

      5. USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

      6. THIRD PARTY SERVICES. In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.

      7. THIRD PARTY WEBSITES. The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

      8. EXPORT RESTRICTIONS. You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

      9. DEBIT REWARDS OFFERS. If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

      (a) Debit Rewards. You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.

      (b) Debit Rewards Offers Account. You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

      Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.

      While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

      Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

      You understand and agree that we make no warranties and have no liability as to:

      • Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program.
      • The rewards information that we provide to you, which is provided "as is" and "as available".
      • (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
      • Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.