iBanking Agreement

INTERNET BANKING AGREEMENT

This Internet banking agreement states the terms and conditions that apply to Foresight Bank’s Internet banking service (“iBanking”). This agreement supplements (and does not replace) the terms and conditions that apply to any accounts and any other services with Foresight Bank. This agreement is also subject to applicable federal laws and the laws of the State of Minnesota (except to the extent this agreement can and does vary such rules or laws).

Please read this agreement carefully. By requesting and using the iBanking service, you agree to be bound by the terms and conditions contained in this agreement, and you authorize the Bank and third parties acting on behalf of the Bank to provide the services described in this agreement.

1. Definitions and Descriptions of iBanking Services

Throughout this agreement, “you” and “your” mean each person and legal entity/organization that establishes an iBanking account with Foresight Bank and those who are authorized to use the iBanking service. “We”, “us”, and “our” refer to Foresight Bank (the “Bank”). All references to a time of day in this agreement are references to the time in Plainview, Minnesota. The following definitions also apply to this agreement.

1. “iBanking” is our Internet-banking service that allows you to obtain information on your Account(s) and conduct certain transactions involving your Accounts.
2. “Bill Pay” is the iBanking service that allows you to pay bills to third parties or person-to-person payments. You must be approved for iBanking and have a qualified checking Account to be able to enroll in the Bill Pay service.
3. “Alerts” notify you of transactions involving your Account(s).
4. “Transfer” is a transaction involving only two Accounts with the Bank.
5. “Mobile iBanking” means the application designed for use on Mobile Devices. We do not guarantee the functionality of the Mobile iBanking service on all wireless devices, but it is designed to provide general compatibility, regardless of hardware and mobile service provider.
6. “Mobile Device” means a web-enabled mobile phone or device whose network allows Secure Sockets Layer (SSL) traffic and supports Wireless Application Protocol (WAP) browsers.
7. “Mobile Deposit” is the service that allows you to deposit checks to eligible deposit Accounts with your Mobile Device.
8. “Access Credentials” means any combination of log-in identification, password, personal identification number, and other methods that are approved or established by the Bank and designed to limit iBanking access to authorized users.
9. “Account” or “Accounts” means Bank accounts on which you have authority to conduct transactions through iBanking, and that you have designated to be included in your iBanking account. Any account that requires more than one signature for withdrawals or that has any other type of restriction on it is not eligible for use in the iBanking system.
10. “Business Account” means an Account not used primarily for personal, family, or household purposes.
11. “Consumer Account” means an Account owned by at least one natural person or a trust and established primarily for personal, family, or household purposes.
12. “Business Days” means Monday through Friday, excluding federal holidays observed by us.

2. Eligibility, Registration, and Access to iBanking

To use the iBanking service, you must have an eligible Account open with the Bank and register for iBanking. Registration requires you to agree to the terms of this agreement and to the attached “Terms of Use and Privacy Policy.” You will gain access to the iBanking service through the use of your Internet-enabled device, your Internet provider, and your Access Credentials. Use of Mobile iBanking requires a Mobile Device.

3. Availability

We will use reasonable efforts to make iBanking available for your use on a continuous basis, although system maintenance and Internet, cellular, or communications system unavailability may occasionally restrict your access. We may elect to discontinue any or all of the iBanking features at any time. If we choose to do so, we will endeavor to provide you with reasonable advance notice. We reserve the right at all times to take actions (including denial of access to iBanking without prior notice) to protect our systems and information, and to prevent what we reasonably believe to be fraudulent or illegal activity.

4. Security

You agree to comply with all current and future security procedures that Bank directs you to use. You acknowledge and agree that the security procedures constitute commercially reasonable measures under applicable law for initiating Transfers, making payments, making deposits, and accessing confidential banking information. You should keep your Access Credentials, Mobile Device, and any hardware used to access iBanking secure. We may amend security procedures at any time and we may require you to periodically change your Access Credentials to access the Service. We will endeavor to provide advance notice of such changes, but security concerns may require us to implement changes without advance notice.

Your use of iBanking is at your own risk and you acknowledge and agree that it is your responsibility to protect your Access Credentials, Mobile Device, and hardware against unauthorized attempts to access iBanking. Any person having access to your Access Credentials will be able to access iBanking and perform all transactions, review Account information, and use the iBanking Bill Pay service. You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of your Access Credentials, whether authorized or unauthorized, to the fullest extent allowed by law, unless and until you have notified us, according to notification procedures prescribed by us, that your Access Credentials have been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. Providing Access Credentials to another person effectively constitutes a grant of authority to access your Accounts under Federal Reserve Board Regulation E.

We will use commercially reasonable efforts to secure the Bank’s iBanking-related hardware and software against access by unauthorized persons and to prevent the introduction of any malicious code. However, no security system is failsafe. Despite our efforts, the security of iBanking could be compromised. We will provide you with notice if your information is the subject of a security breach as required by applicable law.

5. Transaction Processing

The following limitations may apply to transactions initiated through the iBanking service.

1. Contractual and regulatory transaction limitations that apply to your Account(s) also apply to iBanking-initiated transactions. For example, you must have sufficient available funds in any Account from which you instruct us to make a payment or transfer, and Federal regulations limit the number of iBanking transfers out of savings and Money Market Accounts to six per month. If a transfer or payment overdraws any of your Accounts, non-sufficient funds charges may apply.
2. For security reasons, there may be a limit on the number, frequency, and dollar amount of the transactions you can make using iBanking. These limits are subject to change from time to time.
3. No payments may be made to payees outside the United States.
4. You will have limited ability to cancel iBanking transactions once they are initiated. Depending on the circumstances, we might have the ability to cancel iBanking transactions for you, so contact us if you need such assistance. We will make reasonable efforts to cancel the transaction for you, but if we are unable to do so, we may process the transaction and shall not be liable to you or any third party for any harm suffered as a result.
5. The Bank and its technology providers have transaction cut-off times that will determine on which Business Day a transaction will be completed and whether a previously initiated transaction can be cancelled. A transaction initiated after an applicable cut-off time will be completed on the next Business Day. Contact us if you have a question regarding transaction cut-off times because they are subject to change without advance notice.

6. iBanking Bill Pay Service

You may enroll for the iBanking Bill Pay service if you have a qualifying checking Account. If you enroll in the Bill Pay service, you authorize the Bank and its subcontractors to initiate ACH (Automated Clearing House), person-to-person payments, and check withdrawals to make payments out of your designated checking Account(s). If you wish to remove Bill Pay, please notify the Bank in writing.

The following limitations apply to Bill Pay transactions. Bill Pay payments may be made only to payees with a payment address in the United States. You may not make a payment of alimony, settlement of brokerage accounts, child support, taxes, or any other governmental fees or court-directed payments through the Bill Pay service. Bill Pay payments might not be sent if funds are not available and overdraft charges may apply if a Bill Pay service payment overdraws your Account.

Once you successfully schedule a Bill Pay payment, the Bill Pay system may give an indication of the anticipated delivery date, but the Bank and its subcontractors are not responsible for the timely delivery of postal mail or the handling of payments by a third party (such as the failure of a payee to properly post a payment to your account).

7. Mobile Deposit

This section applies to the Mobile Deposit service.

1. 1. “Check” means an Original Check, as defined in Regulation CC and Check 21 and does not include a Substitute Check or a remotely created check.
   2. “Check 21” means the Check Clearing for the 21st Century Act, and Subpart D (and, to the extent applicable, Subpart A) of Federal Reserve Board Regulation CC.

• “IRD” or “Image Replacement Document” means a Substitute Check as defined in Check 21 or the paper reproduction that will be created when an Item cannot be converted to an Electronic Transaction.

1. “Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an office of a United States financial institution from a payor to you that is submitted for deposit to an Account through the Mobile Deposit Service.

1. Hardware and Software Requirements. The Mobile Deposit Service requires a current operating system on a recent iPhone, iPad, Android, or Windows device. It also requires a data-enabled device with a camera.
2. You authorize the Bank (and any other financial institution to which an Item is sent for processing) to convert Items to IRDs and to transmit Items as images for processing.
3. Your Responsibilities. You are solely responsible if any Item (for which you have been given provisional credit) is returned or reversed, and neither the Bank nor its subcontractors shall be liable or responsible for any such return or reversal. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back Item. Information relating to the processing of an Item may be received prior to final posting and confirmation and is subject to correction, and it is for information purposes only and may not be relied upon. You agree that Bank shall have no liability for the information communicated to you about an Item, the processing of an Item, or both.
4. Terms and Conditions. You agree to the following terms and conditions. You will submit an Item for deposit only if you are authorized to enforce the Item or if you are authorized to obtain payment on behalf of a person entitled to enforce the Item. You will not alter any Item. You will endorse each submitted Item in a restricted format as directed by the Bank. You will submit an Item for deposit only once and you will not attempt to seek payment or to deposit the original Item after submitting it for deposit using the Mobile Deposit Service. You agree that the Bank will impose daily and monthly limits on the number of Items and dollar amount of Items that may be submitted using the Mobile Deposit service. These limits are subject to change.
5. In order for an Item to be processed for deposit, the endorsement area will need each payee’s signature along with the phrase, “For Mobile Deposit Only at Foresight Bank.”
6. Handling of Transmitted Items. After submitting an Item for deposit, you are responsible for retaining each Item in a safe and secure environment in accordance with applicable laws for 90 days after receiving confirmation from Bank that the image of the Item has been received. After the 90-day period has passed, you shall shred or otherwise destroy all Items. You shall properly store each Item and take appropriate measures to ensure it is not deposited a second time. You agree to promptly (but in any event within 5 Business Days) provide any retained Item to Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or if Bank otherwise deems it necessary.
7. Account Statement Examination. All deposits made through the Mobile Deposit service shall be deemed to be correct unless you notify the Bank of any errors within 30 days after the applicable account statement is mailed or otherwise provided to you.
8. IRD Processing. Items may be transmitted for electronic processing by other financial institutions or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at the Bank’s sole discretion. The IRDs will be created in accordance with Check 21. Alternatively, the Bank may process Items as photocopies in lieu of originals, under guidelines that are consistent with applicable industry standards. Items that fail to satisfy your warranties made to the Bank, that fail to meet the requirements of the Bank or Check 21, or that are otherwise not able to be processed may be charged back to your account, returned to you, or both. You agree to be bound by any laws, rules and regulations that are applicable to the Bank.
9. Processing of Items. Images of Items transmitted by you are not considered received by the Bank until you have received an electronic confirmation of the receipt of the deposit from the Bank. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete. Different transaction cut-off times may apply to the Mobile Deposit service. Contact us if you have a question regarding cut-off times because they are subject to change without advance notice. You understand and agree that funds from Items deposited under the terms of this agreement are not subject to the Bank’s Funds Availability Policy and will generally be available after processed and once funds are received.

8. Contact Information

Please use the following information to notify or otherwise contact us.

Foresight Bank

138 West Broadway

Plainview, MN 55964

Phone: 507-534-3131 or 800-443-8605

E-mail: Service@Foresight.Bank

Our representatives are available to assist you during our regular business hours.

9. Limited Liability

You understand that there are risks associated with using iBanking. You acknowledge and agree that your use of iBanking shall be at your sole risk and that iBanking is provided by the Bank on an “as is” basis. Without limiting the generality of the forgoing, the Bank’s liability is limited as described below.

1. Access. We will not be liable for failure to provide access or for interruptions in access to the Service.
2. Your Hardware and Software. We will not be responsible for any errors or failures from any malfunction of your computer, Mobile Device, or other hardware, or from any malicious software or other problems related to iBanking. To the extent allowed by law, you agree that the Bank is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, e-mail, text message or Internet fraud.
3. Transaction Processing. We will not be responsible for not processing any transaction or instruction that (i) exceeds your collected and available funds on deposit with the Bank; (ii) is not in accordance with any condition indicated by you and agreed to by the Bank; (iii) the Bank has reason to believe may not be authorized by you; (iv) involves funds subject to hold, dispute, or legal process preventing their withdrawal; (v) would violate any provision of any present or future risk-control program of the Federal Reserve or any current or future rule or regulation of any other federal or state regulatory authority; (vi) is not in accordance with any other requirement stated in this Agreement or any Bank policy, procedure or practice; or, (vii) for the protection of the Bank or you, the Bank has reasonable cause not to honor.
4. No Warranties. BY USING THE SYSTEM AND ONLINE BANKING SERVICES, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY; THEREFORE, THE BANK AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF THE SYSTEM AND ANY ONLINE BANKING SERVICES, AND THE BANK FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Unauthorized Access. To the extent permitted by applicable law, (i) all transactions made using your Access Credentials will be conclusively presumed to be authorized by you; (ii) you are liable for all transactions that you or any authorized users make or authorize, even if that person exceeds the authority you granted; and (iii) you are liable for any and all unauthorized use that occurs before you have notified us that your Access Credentials have been lost or stolen or used without your authority and before we have had a reasonable opportunity to act on such notice. ABSENT SPECIFIC KNOWLEDGE ON THE BANK’S PART THAT AN IBANKING ACTIVITY IS UNAUTHORIZED, THE BANK SHALL NOT BE LIABLE FOR ANY NON-AUTHORIZED USE OF YOUR ACCESS CREDENTIALS AND THE BANK SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO THE IBANKING SYSTEM BY ANY THIRD PARTY WHO IS NOT AN AUTHORIZED USER. THE BANK IS UNDER NO INDEPENDENT DUTY TO DETERMINE WHO IS USING YOUR ACCESS CREDENTIALS.
6. In no event will we or any of our officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable for any consequential, indirect, incidental, special, or punitive damages arising out of or in connection with your use of the iBanking service.

10. Your Responsibilities
11. Registration Information. You agree to provide accurate, current, and complete information about yourself as requested in registering for iBanking, and you agree to not misrepresent your identity. You certify that you are 18 years of age or older and otherwise able lawfully to enter into contracts under applicable law.
12. Legal Compliance. You agree not to violate any law, statute, ordinance, or regulation (including those governing export control) in connection with the iBanking service.
13. Prompt Notification of Theft or Destruction of Equipment. You agree to notify us in a timely manner in the event you lose, change, or destroy a Mobile Device that is registered with the Mobile iBanking Service.
14. Prompt Notification of Unauthorized Transaction or Compromised Access Credentials. Tell us at once if you believe your Access Credentials have been lost or stolen, or if you believe that an iBanking transaction has been made without your permission. You could lose all the money in your Account(s) (plus your maximum overdraft line of credit). Telephoning us immediately is the best way to prevent and minimize losses.
15. Naming of Accounts. You agree not to use any personally identifiable information when providing shortcuts or creating nicknames to your Accounts.
16. Duty to Inspect. You agree to inspect all transactions, statements, and other communication from the Bank, and report all errors to the Bank as soon as possible. Your failure to promptly report errors within the time periods specified in your Account agreements and disclosures restrict or eliminate your rights.
17. Maintenance and Connectivity. You are responsible for establishing and maintaining all Internet connections, browsers, hardware, software, and anti-virus/security systems that are necessary to access iBanking. The Bank is not responsible for any errors or failures of your hardware, software, or anti-virus/security systems.
18. Hardware and Software. You must install and test any required hardware, mobile devices, software, and/or mobile applications before you first utilize the Service. You accept any such software or mobile applications “as is” and subject to the terms and conditions of the software agreement or mobile application license, as applicable, that you enter into directly with the third-party provider at the time of download and installation.

11. Indemnification

Unless caused by our intentional misconduct or negligence, you agree to indemnify, defend and hold harmless the Bank, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (i) a third-party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on your information, data, or files, or otherwise in connection with your use of the Service; (ii) your violation of any law or rights of a third party; or (iii) your use, or use by a third party, of the iBanking service.

 

12. Bank’s Responsibilities

The Bank agrees to use ordinary care in providing services under this agreement. You recognize and agree that ordinary care does not mean error free. Our sole responsibility for an error in a transfer will be to correct the error.

 

13. Fees

The current fee schedule is available at www.Foresight.Bank/fee-schedule. We may modify fees under this agreement after providing reasonable advance notice to you. Please refer to the account disclosures for your Account(s) with us to determine if an iBanking transaction could cause another fee to be charged (such as an overdraft fee). If applicable, we will separately provide a fee schedule relating to your Treasury Services under a Master Treasury Management Agreement with us, and we may modify that fee schedule after providing reasonable advance notice to you.

14. Modification

We may change the terms of this agreement by giving you notice of the change by posting notice in a conspicuous manner for 30 days, notifying you via the iBanking service, mailing the notice to you at the address in the our records, or enclosing notice of the change to you with any periodic statement. New iBanking services may be introduced from time to time. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services. We may elect to discontinue any or all of the iBanking features at any time, in which case we will endeavor to provide you with reasonable advance notice. The Bank shall not be bound by any modification of this agreement unless the Bank expressly agrees to the modification in writing.

15. Termination

You may terminate your iBanking account at any time by notifying us at least 5 Business Days before the date you want the service terminated. We may require you to put your request in writing. We may terminate your use of the iBanking services, in whole or in part, at any time without prior notice. Your access to the iBanking service may be terminated automatically if each Account you have is closed or if access to any of your Accounts is restricted for any reason. Termination will not affect your liability or obligation under this agreement for transactions we have processed on your behalf.

16. Notices

All notices required under this agreement shall be sent via U.S. Mail or electronically by a telecommunications device capable of creating a written record and delivered, mailed, or made available to you at the most recent address on file with the Bank and to us at the address set forth in this agreement or to such other address as such party may designate from time to time. All notices shall be effective upon mailing or electronic transmission. Tell us at once if you believe your Access Credentials have been lost or stolen, or if you believe that an iBanking transaction has been made without your permission. Telephoning us is the best way of keeping your possible losses to a minimum.

17. Miscellaneous Provisions
18. The headings and captions contained in this agreement are included only for convenience of reference and do not define, limit, explain, or modify this agreement or its interpretation, construction, or meaning.
19. The holding of any provision of this agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this agreement, which shall remain in full force and effect.
20. No waiver by the Bank (whether or not in writing) of any term, condition, or obligation of you shall bind the Bank to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such a waiver.
21. Governing Law. The terms and conditions of this agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions and without regard to your state of residence.
22. Entire Agreement. This agreement constitutes the entire agreement between you and the Bank concerning the iBanking service. This agreement supersedes all prior agreements and amendments.

JH DIGITAL BANKING TERMS OF USE

The primary provider for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the “JH”, “we” or “us”). By enrolling in our Service, you agree to these terms of use (the “Agreement”). Please read this Agreement carefully before using the Service. The Service includes the Software and the App as defined below. This Agreement applies to both the consumer version of the Service and App (“Banno”) and the business version of the Service and App (“Banno Business”). By enrolling in, accessing or using the Service, you agree to be bound by this Agreement and all of its terms without change. This Agreement is between JH and you, the user. If you are using Banno Business on behalf of a company or other organization, such company or organization will also be considered a party to this Agreement and you represent and warrant that you have the authority to bind such company or organization to this Agreement. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.

1. General. JH is not the provider of any of the financial services available to you through the Service and JH is not responsible for any of the materials, information, products or services made available to you through the Service. You acknowledge and agree that JH is the owner of all right, title and interest in the online and/or mobile technology solution made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates or versions, regardless of the media or form in which they may exist (together, the “Software”). You may not use the Software unless you have first accepted this Agreement. Subject to the terms and conditions of this Agreement, we grant you a subscription to use the Software (in machine readable object code form only) in accordance with this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution’s services made available via the Software. This is not a sale or license of the Software. All rights not expressly granted to you by this Agreement are reserved by JH. Nothing in this Agreement will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This subscription may be terminated at any time, for any reason or no reason, by you or JH. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or are otherwise in your possession or control. You will not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software;(v) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; or (vi) use the Software to train any generative artificial intelligence application. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. You agree to use the Service, the App and the Software in compliance with applicable laws and for your own personal use only or, if you are a subscriber of Banno Business, only for your use on behalf of your business or organization for its internal business purposes.

2. Privacy. JH may access personal information while you use the Service. JH may access records held by your financial institution for such information as your phone number, home address or email address. JH will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, JH will use the phone number to pre-populate forms that expect a personal phone number for contacting you. If you grant permission to use your device’s location, JH will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, JH will use that information to add an image to a transaction, to attach a document to chat, and add a photo to your profile. If you grant permission to use a camera, JH will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. Our privacy practices regarding your personal information can be found in our privacy policy located at https://www.jackhenry.com/privacy-policy (the “JH Privacy Policy”). If you are a subscriber of Banno Business, business-to-business exceptions in certain privacy laws may apply to your information. In addition to the JH Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services and products, including such information that may be gathered through use of this Service, such as the “Account Information” and “Registration Information” described below. A copy of that privacy policy is available from your financial institution. In the event of conflict between the JH Privacy Policy and your financial institution’s privacy policy, your financial institution’s privacy policy will control. Under applicable privacy laws, you may have certain rights such as the right to collect your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Please see your financial institution’s privacy policy if you wish to make any requests under these rights. JH acts as a processor or service provider to its financial institution customers who act as controllers of your personal information and are primarily responsible for handling such requests. We will cooperate with any privacy rights requests we receive from your financial institution. If you use the Service to make bill payments or engage in transactions with other companies, those companies should also have a privacy policy that addresses the use of your personal information and your privacy rights.

3. Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information (“Account Information”). JH does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.

4. Your Responsibility for Information. You are responsible for providing JH with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information (“Registration Information”) so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately. Text messaging services may be provided by your financial institution. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g., mobile telephone number, “From” field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.

5. Your Account. If you use the Service, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your Account or password. Make sure to log out of your Account when you are finished using the Service. If your status as a user of the Service is terminated, you will (i) stop using the Service and any information obtained from the Service, and (ii) destroy all copies of your account information, password and any information obtained from the Service. We encourage you to use strong passwords that use a combination of upper and lowercase letters, numbers and symbols, contain at least ten characters and are not used by you with other services or websites. You agree to provide accurate information when you register. You will immediately notify us of any breach of security or unauthorized use of your Account. We will not be liable for any losses or other damages caused by any unauthorized use of your Account. We may delete your Account and any data in your account at any time and move the location where we store your Account information in our sole discretion. We may suspend your Account and use of the Service at any time for any reason including any potential security threat or fraud. You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right to use, store, copy, transmit and modify any data you submit on the app and you represent and warrant to us that you have the right to provide such data.

6. Rights You Grant to JH. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to JH through the Service, you are voluntarily supplying that content to JH for the purpose of providing the Service to you. By submitting such information to JH, you represent that you are entitled to submit it to JH for use for this purpose, without any obligation by JH to pay any fees. By using the Service, you expressly authorize JH to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. JH will submit information including user names and passwords that you provide to log you into the site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.

7. Links to Third Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the JH Privacy Policy is applicable only when you are on the Service or our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

8. No Unlawful or Prohibited Use. As a condition of your use of the Service, you warrant to JH that you will not use the Service for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Service automatically terminates. You will not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service. You will not republish JH content or other content from the Service on another website or app or use in- line or other linking to display such content without our permission. You will not introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service. You will not use the Service for benchmarking purposes, use another Service user’s account, reverse-engineer the Service or use the Service to develop any competing product or service. You will not identify us or display any portion of the Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights or refer to JH or the Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of the Service under this Agreement, without JH’s express written consent. If you are under the age of 13, you are not permitted to use the Service.

9. Mobile Devices. To use the mobile app provided with the Service (the “App”), you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You are responsible for any message and data rates from your mobile service provider when you use the App. You must comply with all rules and regulations of your mobile service provider and the mobile app store from which you download the App. If you download the Mobile App from the Apple App Store, you acknowledge and agree that this Agreement is solely between you and JH, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third-party beneficiary. If you download the App from the Google Play Store: (i) you acknowledge that the Agreement is between you and JH only, and not with Google, Inc. (“Google”); (ii) your use of App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the App.

10. Consent to Use of Data. You agree that JH may collect and use data and information about you, your device, system and application software, and peripherals, that is gathered through your use of the Service to facilitate the provision of software updates, product support, product enhancements and other services (if any) related to the Service. JH may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.

11. Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Analytics. To assist JH in maintaining and improving this application, JH uses multiple analytics and logging platforms to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Analytics platforms generally do not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information, although they may use anonymized identifiers. The information helps JH improve the performance of this Service for you. More information on analytics services, including analytics cookies, can be found in the JH Privacy Policy.

14. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service or this Agreement will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

15. Miscellaneous. This Agreement constitutes the entire agreement between you and JH concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. This Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.