Effective June 2016

Mobile Banking Services E-Sign Disclosure and Agreement

Please take this opportunity to review the following disclosures and information about accessing and using the Mobile Banking Services (as that term is defined in the City Bank Mobile Banking Terms and Conditions).

E-Sign Disclosure and Agreement for the Mobile Banking Services

As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your Mobile Banking Services. We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. We may, however, provide some of this information to you electronically, instead, with your prior consent. This City Bank Mobile Banking Services E-Sign Disclosure and Agreement (the “E-Sign Disclosure and Agreement”) describes how City Bank (“City Bank,” “Bank,” “we,” or “us”) communicates with you electronically, provides additional detail about the Electronic Communications (as that term is defined below) that we provide you, and sets out hardware and software requirements you need to receive these Electronic Communications. Please review this E-Sign Disclosure and Agreement as it applies to Electronic Communications and will be effective until expressly withdrawn by you. Any capitalized terms not defined in this E-Sign Disclosure and Agreement shall have the meaning assigned to them in the City Bank Mobile Banking Terms and Conditions.

Electronic Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Electronic Communications”) that we provide in connection with the Mobile Banking Services. Electronic Communications include, but are not limited to, agreements and policies you agree to in connection with the Mobile Banking Services (e.g., the City Bank Mobile Banking Terms and Conditions) as well as disclosures related to services offered through the Mobile Banking Services, including updates to such agreements, policies, and disclosures. We may provide these Electronic Communications to you by emailing them to you at the primary email address listed in your Mobile Banking Services account or by making them accessible in the Mobile Banking Services. Electronic Communications will be provided online and viewable using in-app display features, browser software or .pdf files. In such cases, you will be able to print the Electronic Communication and/or have it emailed to you.

Required Hardware and Software

You are responsible for maintaining all software and hardware necessary for receiving, viewing and maintaining record of the Electronic Communications. By your acceptance of this E-Sign Disclosure and Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to saving and/or printing) any Electronic Communications provided to you. You must have: (a) a valid email address on file with City Bank; (b) a mobile device (e.g., mobile phone, tablet, Apple Watch, or similar device with internet access and an iOS or Android operating system; (c) and sufficient storage space to save Electronic Communications (whether presented online, in emails or .pdf) or the ability to print Electronic Communications. Please find a list of iOS and Android versions we currently support at https://www.city.bank/personal/other-services/mobile-banking. We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from us. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Electronic Communications for your records. You may print or save a copy of these Electronic Communications for your records as they may not be accessible online at a later date.

You are responsible for the installation, maintenance, and operation of your mobile device. We are not responsible for any errors or failures from any malfunction of your mobile device, for any virus, other problems or changes that may be associated with the use of your mobile device, including, for example, the cost of your mobile service provider.

Additional Copies

Additional copies of any Electronic Communication may be provided to you without charge by contacting Bank within 90 days of the original date of the communication. You may also request paper copies of any electronic communication within 90 days of the communication by contacting City Bank at 1-800-OUR-BANK, but City reserves the right to assess a reasonable fee for providing such paper copies.

Withdrawal of Electronic Acceptance of Disclosures and Notices

You may withdraw your consent to receive Electronic Communications by contacting City Bank at 1-800-OUR-BANK. If you fail to provide or if you withdraw your consent to receive Electronic Communications, City Bank reserves the right to deny your request for enroll in the Mobile Banking Services, terminate your Mobile Banking Services, or charge you fees for paper copies.

Federal Law; Termination and Changes

You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.

Accept or Decline

By clicking “Accept” in the Mobile App, you are agreeing to receive disclosures electronically as stated in this E-Sign Disclosure and Agreement and you are agreeing to the following City Bank Mobile Banking Terms and Conditions.

If you DO NOT want to consent to electronic delivery of disclosures, PLEASE CLICK EXIT THE MOBILE APP NOW.

If you consent to electronic delivery of disclosures, including the following City Bank Mobile Banking Terms and Conditions, please click the “Accept” button in the Mobile App.



City Bank Mobile Banking Terms and Conditions

PLEASE READ THE FOLLOWING CITY BANK MOBILE BANKING TERMS AND CONDITIONS (THIS “AGREEMENT”) CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THE CITY BANK MOBILE APPLICATION AND MOBILE BANKING SERVICES. BY ACCESSING OR USING THE CITY BANK MOBILE APPLICATION OR MOBILE BANKING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ACCEPT IT IN FULL, AS IT MAY BE MODIFIED BY CITY BANK FROM TIME-TO-TIME AND POSTED IN THE CITY BANK MOBILE APPLICATION.

For purposes of this Agreement, the terms “City Bank,” “Bank,” “we,” and “us” mean City Bank and any of City Bank’s affiliates. “You,” “your,” and “Customer” refer to the accountholder authorized by City Bank to use the Mobile Banking Services (as defined herein), and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through the Mobile Application or Mobile Banking Services. “Account” or “accounts” means your accounts at City Bank. “Business Days” mean Monday through Friday, excluding bank holidays.

  1. What Does This Agreement Cover? This Agreement, along with City Bank’s Deposit Agreement and Disclosures (the “Deposit Agreement”) and City Bank’s Digital and Online Banking Service Agreement, govern your use of the Mobile Banking Services. The Mobile Banking Services permit City Bank customers (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the Mobile Banking Service through the use of your mobile device (e.g., mobile smart phone, mobile tablet device, or Apple Watch). Unless indicated otherwise by the context, “linked City Bank accounts” or “linked accounts” refers to all of your accounts with City Bank or its affiliates that you have linked to the Mobile Banking Services. When your Mobile Banking Services are linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service. This Agreement is by and between you and City Bank, and City Bank is solely responsible for the Services and Contents. Neither Apple, Inc. nor Google, Inc. (i.e., Android) is responsible for the Services or its Contents.

  2. Relation to Other Agreements. Your use of the Mobile Banking Services is also governed by your Deposit Agreement, Digital and Online Banking Service Agreement, and any other agreements with us pertaining to your linked City Bank accounts. When you link an account to Mobile Banking Services, you do not change the agreement(s) you already have with us for that account. Similarly, when you use Mobile Banking Services to access a credit account, you do so under the terms and conditions of the agreement(s) you entered into for the credit account. You should review those agreements for any applicable fees, limitations on the number of transactions you can make, and other restrictions that might impact your use of an account with Mobile Banking Services. Capitalized terms not otherwise defined in this Agreement have the meanings ascribed to them in your Deposit Agreement. In the event of a conflict or inconsistency between the terms of the Deposit Agreement, or any other agreement between you and Bank, and the terms of this Agreement, the terms of this Agreement shall control, but only to the extent of such conflict or inconsistency.

    The information you provide to City Bank and its third-party service providers, including your personal information, is subject to the terms of City Bank’s Privacy Policy, available athttps://www.city.bank/privacy-policy, and City Bank’s Digital Privacy Policy, available at https://www.city.bank/digital-privacy-policy. By entering into this Agreement, you represent that you have read, understood, and accepted City Bank’s Privacy Policy and Digital Privacy Policy.

    In addition, you understand and agree you are still subject to the terms and conditions of any agreement you have with any unaffiliated third-party service providers, including, but not limited to your mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any third-party provider of or marketplace for the Mobile Banking Services (e.g., Apple, Inc., or Google, Inc. (Android)), and this Agreement does not amend or supersede any of those separate third-party service provider agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Mobile Banking Services (e.g., data use charges, text messaging charges etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Bank, Apple, Inc. or Google, Inc. (Android). You must comply with applicable third-party terms when using the Mobile Banking Services (e.g., you cannot be in violation of your wireless provider agreement when using the Mobile Banking Service).

  3. Accepting This Agreement. When you use the Mobile Banking Services described in this Agreement, or authorize others to use them on your behalf, you acknowledge and understand that you also agree to this Agreement, and that you cannot begin using the Services until you have indicated your agreement as instructed via Bank’s Internet Banking Services.

  4. Mobile Banking Services for Consumers.

    1. The “Mobile Banking Services” or “Services” include, but are not limited to, the ability for you to:

      • View current balance information for your linked City Bank accounts.
      • Review available transactions for your linked accounts.
      • View branch locations.
      • View contact telephone numbers and additional contact details.
      • View account alerts and notifications.
      • View public information such as ‘about us’ and contact information.
      • View rewards level and rewards status for rewards bank accounts, if applicable.
      • Perform basic services such as changing your Mobile ID and Mobile passcode, personalizing the Mobile Application and changing the language within the Mobile Application.
      • Transfer funds between your linked internal City Bank accounts on a one-time basis.
      • Transfer funds from your linked City Bank personal accounts to most City Bank personal deposit accounts.
      • Turn debit card functionality on and off for fraud purposes (e.g., for lost or stolen debit cards).
      • Temporarily increase debit card daily spending limits (not available for certain debit cards).
      • Temporarily increase daily ATM withdrawal limits for debit cards (not available for certain debit cards).
      • Turn foreign (non-U.S.) transactions on or off for debit cards.
      • Reorder checks.
      • Utilize the Personal Remote Deposit Capture Service.
      • Utilize the Picture Pay Bill Pay Services

    2. Some of the above Mobile Banking Services may not be available for certain accounts or customers. Bank reserves the right to add or remove various components of the Services in Bank’s sole discretion. Customer should visit the Bank website at city.bank for a complete listing of current Mobile Banking Services. We reserve the right to modify the scope and type of activities offered via the Services at any time in our sole discretion. We also reserve the right to refuse to make any transaction you request through the Services for a variety of reasons as set forth in any of the agreements listed in Section 2 governing your use of the Services.

  5. Use of Services. You agree that you will learn how to use the Services from the instructions contained within the Services, and you agree that you will contact us at the service contact information in Section 15 of this Agreement if you have any questions about or problems with the Services. If the Services are modified, you are responsible for understanding how to use any modifications. You may not copy (other than a copy for personal or business use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, lease, rent, distribute access to or republish any of the contents of these Services without the prior written consent of Bank, which may be withheld in its sole discretion. Unless otherwise subject to the provisions of Regulation E for consumer customers as further described in the Deposit Agreement, Bank will not be liable to you for any losses caused by your failure to properly use the Services or your mobile device.

    You agree not to use the Services in any way that would: (a) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (c) violate any applicable law (law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-money laundering or bank secrecy); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt the computer networks connection to the Service; (i) interfere with or disrupt the use of the Service by any other user; or (j) use the Service in such a manner as to gain unauthorized entry or access to the Bank’s computer systems or the computer systems of others.

    By using the Mobile Banking Services, you are providing Bank and Bank’s third-party service providers express consent to use aggregated and anonymized engagement and usage data Bank obtains from your use of the Mobile Banking Services for monitoring and quality control purposes, analysis of aggregated Mobile Banking Services user data, and any other purpose necessary to provide the Mobile Banking Services under this Agreement.

  6. Processing Equipment and Processing Software. You must obtain the Bank’s “Mobile Application” in the Apple or Google (Android) app stores and install it on your mobile device in order to become approved and use the Mobile Banking Services. You must comply with the mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and in any related documentation or any supplemental information and/or instructions provided by Bank. A full list of software requirements for the Mobile Banking Services is available at https://www.city.bank/personal/other-services/mobile-banking.

    For the Personal RDC Service in particular, you understand that failure to comply with mobile device hardware, software and other requirements regarding the Services may result in you being unable to generate a Sufficient Image Copy in order to create an Electronic Image to complete a Personal RDC deposit.

    Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for the Services and transactions contemplated hereunder, and you agree to abide by such requirements. Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, software, physical access and physical storage security procedures regarding any of the data owned by you, which includes such data containing your sensitive personally identifiable information (“PII”) of any individual, the security of your Services may be compromised. You understand, acknowledge and agree that installation, maintenance and operation of your mobile device (hardware and software) and related security procedures that you adopt and follow, including, but not limited to, data security protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by you.

    In addition to other limitations on Bank’s liability contained elsewhere in this Agreement, you understand, acknowledge and agree that Bank is not responsible for any loss or damages resulting from any errors or failures of your mobile device or data processing systems, including, but not limited to any mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any mobile device network problems that may be associated with your access and use of our Services.

    For avoidance of doubt, you understand, acknowledge and agree that all data provided by you to Bank (including, but not limited to, electronic images or Substitute Checks) retained on any processing equipment or processing software (including your mobile device used by you in conjunction with the Services), and all data produced, compiled or otherwise provided by Bank to you, in any form or format, is your sole and exclusive property and copies thereof shall be provided to you at your request from time to time and at any time. Once such data owned by you is delivered by Bank to you, retrieved by you from Bank, or otherwise created as a byproduct of a transaction between you and Bank and retained by you, such data owned by you is solely within your possession and control.

  7. Security Procedures. Unless otherwise subject to the provisions of Regulation E for consumer customers as further described in your Deposit Agreement, you are responsible for all payments, transfers or other transactions you authorize using the Service. If you permit other persons to use your mobile device to access the Service, you are responsible for any transactions they authorize. If you access the Service on your mobile device, you understand that you will be required to enter your mobile ID and password. The Service may include your name and certain information about your account, such as the last 4 digits of your account number or specific account transaction information. You understand and acknowledge that transmission of your masked account number and specific information, including dollar amounts or individual payees and payors, does not constitute transmission of personal or private information, and you hereby authorize us to send such information via the Service to your mobile device. Use of our normal security procedures for maintaining confidentiality and security of information constitutes fulfillment of our obligations to exercise due care.

    With regard to the Services, you agree to the security procedures (“Security Procedures”) used by Bank in connection with such Services. Such Security Procedures offered by Bank are described herein and in related documentation applicable to such Services. As part of the Security Procedures, Bank may employ various authentication technologies, including, but not limited to, use of mobile IDs, passwords and other “Additional Authentication Information” (“AAI”) that Bank may require you to provide at Bank’s sole discretion. Bank employs various security and authentication technologies to ensure you are communicating directly with Bank, and also to ensure your mobile device is communicating with a legitimate Bank computer. You are responsible for the establishment and maintenance of your internal procedures reasonably adapted to insure the confidentiality and security of Security Procedures. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER YOUR MOBILE ID AND PASSWORD PROVIDED BY BANK, AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES.

    If you have reason to believe that any Security Procedure has or may have become known by unauthorized persons, you shall immediately notify the Bank by telephone and confirm such oral notification in writing to Bank within twenty-four (24) hours of the oral notification. Bank will replace the Security Procedures in accordance with the Bank’s standard security requirements related to the Services. To the maximum extent permitted by applicable law, you will be solely liable for all transactions initiated before the Bank has received such notification and has had a reasonable opportunity to act on such notification. Bank reserves the right to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to you. You agree that your use of the Services after the Bank provides notice of such changes constitutes your acceptance of the new Security Procedures. You acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. Bank is not agreeing to any Security Procedures or other procedure for the detection of errors. You represent that for Personal RDC Services, you consider the Security Procedures to be commercially reasonable with respect to the size, type, and frequency of deposits you anticipate submitting.

    No Bank employee or any company affiliated with or a third-party service provider of Bank will contact you via e-mail or phone requesting your mobile ID or mobile password. If you are contacted by anyone requesting this information, DO NOT GIVE ANY OF YOUR INFORMATION OUT, and please contact us immediately to report the details of the incident.

  8. Maintenance and Support. Bank is solely responsible for providing any maintenance and support services with respect to the Services, as specified in this Agreement and under applicable law. Bank and you acknowledge that neither Apple, Inc. nor Google, Inc. (Android) has any obligation whatsoever to furnish any maintenance and support services with respect to the Services.

  9. Copyrights and Other Intellectual Property; User Conduct. The license granted to you for the Services is a non-transferable license to use the Services on an iOS or Android Operating System product that you own or control and as permitted by the usage rules and terms of service governing the Apple, Inc. App Store or the Google, Inc. Android, as applicable.

    Except where otherwise expressly noted, all contents of the Services, including the graphics, icons and overall appearance of the Services, are the sole and exclusive property of Bank, its subsidiaries or affiliates, or third parties with whom Bank utilizes to provide any portion of the Services. Certain of Bank’s trademarks and/or service marks are also included in the Services. The posting of the contents of the Services neither constitutes a waiver of any of Bank’s proprietary rights nor any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Service user or to any third party. Contents of the Services are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Service.

    The display of third-party trademarks within the Services does not grant you a license of any kind. Any downloading of contents of the Services or any other service linked to the Services may be a violation of federal trademark and copyright laws. Bank and you acknowledge and agree that, in the event of any third-party claim that the Services or your possession or use of the Services infringes that third party’s intellectual property rights, Bank and its third-party service providers are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  10. Use of the Mobile Banking Service. Contents are included in this Mobile Banking Services solely for the personal use of Mobile Banking Services users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Mobile Banking Services without the prior written consent of City Bank, which may be withheld in its sole discretion.

  11. Links to Other Services. City Bank may establish links between this Mobile Banking Services and one or more services operated by third parties. City Bank has no control over any such other services or the contents therein. The existence of any such links shall not constitute an endorsement by City Bank of such services, the contents of the services, or the operators of the services.

  12. Transmissions to and from the Mobile Banking Services. Except where expressly indicated otherwise, transmissions to and from the Mobile Banking Services or directed to City Bank, including e-mails, are not sent in a secure form, can be intercepted by third parties, and may not be immediately received by the appropriate business unit at City Bank. Please do not use e-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please contact us at the information listed in Section 15 of this Agreement instead. Any transmission to this Mobile Banking Services, including e-mails, shall be deemed and remain the property of City Bank. City Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Mobile Banking Services user to City Bank through this Mobile Banking Services.

  13. Fees and Charges. Except as otherwise provided in this Agreement or your applicable Deposit Agreement and schedule of fees, there is no monthly service charge for accessing your linked accounts with the mobile Banking Service. In addition to the fees already described in this Agreement, you should note, however, that depending on how you access the Mobile Banking Services, you may incur charges for:

    • Normal account fees and service charges.
    • Any Internet service provider fees.
    • Payments or transfers made through mobile Banking services from a savings or money market account may result in an excess transaction fee. See your savings and money market disclosures for details.
    • Additionally, fees may be assessed for added self-service features available through mobile Banking customer/member service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement.
    • An Overdraft Paid Fee-OOPS, Overdraft Paid Fee-NSF, returned item, or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
  14. Service Hours. Mobile Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades.

  15. Service Contact. Bank and any of its third-party service providers are the developers of the Mobile Banking Services. If you have any questions, complaints or claims with respect to the Mobile Banking Services, you may contact us by phone at 1-800-OUR-BANK or by writing to us at 5219 City Bank Parkway, Lubbock, Texas 79407, Attention: Mobile Banking.

  16. Use of Email Address. We may send messages relating to the Mobile Banking Services to the e-mail address we have on file for you and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described in any applicable agreements governing the Mobile Banking Services. Bank will not, however, include any account numbers, access codes or similar non-public personal information in any e-mail response to you. If, for any reason, your e-mail address changes or becomes disabled, please contact Bank immediately so that we can continue to provide you with automated messages.

  17. Location-Based Information. If you use any location-based feature of the Mobile Banking Services, you agree that your geographic location and other related personal information may be accessed and disclosed via the Mobile Banking Services. If you wish to revoke the Mobile Banking Services access to such geographic location information, you must cease using the location-based features of the Mobile Banking Services.

  18. Alerts and Mobile Text Messaging. 1. Your enrollment in the Mobile Banking Services includes access to mobile text messaging related services (collectively, "Text Services") and Alerts. The Text Services are also subject to City Bank’s SMS Text Message Terms and Conditions, which is available at https://www.city.bank/disclosures/sms-text-message-terms-and-conditions. By entering into this Agreement, you represent that you have read, understood, and agreed to City Bank’s SMS Text Message Terms and Conditions. By enrolling in the Mobile Banking Services, you are providing Bank with your express consent permitting us to contact you as necessary to provide the Mobile Banking Services (including sending text messages and push notifications to your mobile device). Such activities may include, but are not limited to, providing account alerts, confirming account activity, confirming mobile remote capture deposits, undertaking fraud prevention, servicing, or for any other purpose as provided in this Agreement. You agree that we may send text messages and push notifications through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable account. You agree to immediately notify Bank if you cease using the mobile phone number or change the mobile phone number you have provided to Bank.

    Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. The Alerts and Text Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. You also understand that there may be a disruption in service when you change your communications service provider. Messages may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, or other parties. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Alerts and Text Services. The Text Services are only available to customers who have an eligible account with us, and you may be automatically enrolled to receive certain Alerts. While you have to have an eligible account to use the service, once it is activated, if you have other types of accounts with us, you may have access to those other accounts as well. There is no service fee for the Alerts and Text Services but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your communications service provider. Message frequency depends on user preferences.

  19. Internal Account Transfers.

    1. Processing of Transfer Requests. Transfers can be made two ways. One-time transfers may be scheduled immediately or scheduled for a future date. One-time immediate transfers can be made from a linked City Bank checking or savings account to most linked City Bank accounts. Scheduled transfers can be made from a linked City Bank checking or savings, to a linked checking or savings account. Transfers from a deposit account are immediately reflected in the account’s available balance.

    2. Scheduled and Recurring Transfers. Transfers scheduled for a weekend or a non-Business Day will be processed on the prior Business Day. All other scheduled transfers will be processed from the funding account at the beginning of the Business Day requested.

    3. Transfers to Deposit Accounts. Transfers completed through the Internal Account Transfer Service before 7:00 p.m. Central Time on a Business Day are posted to your account the same day.

      Transfers completed after 7:00 p.m. Central Time on a Business Day or anytime on a Saturday, Sunday, or banking holiday will be posted on the next Business Day. When you instruct City Bank to transfer funds to or from your City Bank accounts through the Mobile Banking Services, you authorize City Bank to withdraw the necessary funds from the City Bank account you designate. As with any funds transfer request, whether or not utilizing Mobile Banking Services, you agree that you will instruct City bank to make a withdrawal only when sufficient balance is or will be available in your designated City Bank account at the time of withdrawal. City Bank will not be obligated to act on any withdrawal instruction from you if sufficient funds, including overdraft lines of credit, are not available in the account you designate.

      Please note, transfers to any deposit account on any day that is not a Business Day (i.e., a Saturday, Sunday or bank holiday), will appear with our next Business Day’s date in the deposit account transaction history.

      All transfers submitted to a deposit account are immediately reflected in the account’s available balance.

    4. Canceling Transfers. You can cancel a 1-time immediate transfer prior to 7:00 p.m. Central Time on the date the transfer was submitted.

      Future-dated and recurring transfers can be canceled prior to 7:00 p.m. Central Time on the bank’s Business Day the transfer is scheduled to be made. If the transfer’s status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled. Canceled transfers remain under Review Transfers.

      The easiest and most convenient way to cancel a payment or transfer is through the method described above. You may, however, request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at: 1-800-OUR-BANK.

  20. Personal Remote Deposit Capture Service.

    1. Generally. The Personal Remote Deposit Capture Service is only for use with respect to your accounts used primarily for personal, family or household purposes and may not be used for any business purposes.

    2. The Services; Payment for Services. Subject to the terms and conditions herein, Customer subscribes to, and Bank agrees to provide, the Personal Remote Deposit Capture Service (the “Personal RDC Service”) to be used by Customer in accordance and in compliance with and the Check Clearing for the 21st Century Act (“Check 21”). The Personal RDC Service enables you to create and submit electronic check images (also known as Image Replacement Documents (“IRD”) to the Bank, for deposit to your personal deposit account(s) with the Bank that are used primarily for personal, family or household purposes, in lieu of the Original Checks (as defined herein) from which such check images were obtained. The dollar amount of each Personal RDC deposit shall not exceed $5,000.00, with such dollar and daily limits to be set as determined by Bank in its sole discretion.

      Bank retains the ability to either approve or deny your use of Personal RDC Services in Bank’s sole and absolute discretion. If Bank approves you to use such Services, then by using such Services, you agree to the provisions set forth in this Agreement, you agree to pay any fees that Bank may charge in conjunction with such Services (as set forth in Bank’s Fee Schedule) and you understand and agree that the meanings of the defined terms set forth in this Agreement and any Documentation (as defined below) made available to you by us for use with the Personal RDC Services.

      For any questions or to report any problems with the Personal RDC product please contact us at the information listed in Section 15 of this Agreement.

      In the event of any unforeseen issues or failure of this product for deposits, your deposits can be made in person at any Bank branch or by mailing deposits to:

      Mailing

      City Bank
      C/o Mail Teller
      PO BOX 5060
      Lubbock, TX 79407

      Physical

      5219 City Bank Parkway
      Lubbock, TX 79407

    3. Definitions. 1.1 The meanings of the defined terms set forth below are also applicable to this Agreement and any Documentation (defined herein). If any capitalized term defined below is used in Federal Reserve Board’s Regulation CC (Vol. 12 of the U.S. Code of Federal Regulations, part 229) promulgated to comply with Check 21, as it may be amended, substituted for, or recodified from time to time (“Reg. CC”), then such terms generally shall have the meaning assigned to it in Reg. CC. To the extent that any of the defined terms in this Agreement or in the Documentation use a term not defined herein but otherwise defined in Reg. CC, then such definition also incorporates the meaning assigned to the applicable term as set forth in Reg. CC. To the extent that any term used by Bank in providing you the Personal RDC Services is a term that is not used or defined in this Agreement or in the Documentation, you and Bank agree to such terms commonly used with regard to remote deposit capture services shall have the meaning as defined in Reg. CC if such terms are so defined.

      All other capitalized terms used that are not otherwise defined in this Agreement or in the Documentation shall have the meaning given to such term in Article 3 or Article 4 of the Uniform Commercial Code as amended from time to time (“UCC”) effective in Texas as adopted in the Texas Business and Commerce Code. In addition, you acknowledge that the Electronic Image of the Original Check submitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in the Texas Business and Commerce Code.

      • “Check 21” means Federal Reserve Board Reg. CC, Subpart D, promulgated to implement the provisions of the Check Clearing for the 21st Century Act.
      • “CTA” means the Check Clearing for the 21st Century Act, which became effective October 28, 2004.
      • “Documentation” means the online help files or written instructions and materials made available or supplied by Bank that provide the description, methods of operation, and required procedures to engage in Personal RDC activities.
      • “Electronic Image” means a digital or electronic representation of an Original Check that is a Sufficient Copy and meets all of the Standards and is submitted by you to Bank for processing and collection as a Substitute Check.
      • “Electronic Deposit” means a file that contains information regarding each Electronic Image(s) to be submitted by you to Bank that meets all of the requirements imposed from time to time by Bank as set forth in this Agreement and the Documentation.
      • “Magnetic Ink Character Recognition Line” or “MICR Line” means the numbers, which may include the routing number, account number, check number, check amount and other information, that are printed near the bottom of a check in magnetic ink in accordance with the Standards.
      • “Original Check” means the first paper check issued to or endorsed in your favor with respect to a particular payment transaction.
      • “Processing Software” means the software for any mobile device hosted by the Bank that administers the Personal RDC Services and captures Electronic Images for deposit.
      • “Reconverting Bank” means: (1) the bank that creates a Substitute Check; or (2) with respect to a Substitute Check that was created by a person that is not a bank, the first bank that transfers, presents, or returns that Substitute Check or, in lieu thereof, the first paper or electronic representation of that Substitute Check.
      • “Standards” means the applicable standards set forth in CTA, Check 21 or as promulgated by the American National Standards Institute (“ANSI”) for image quality and transmission protocols, including but not limited to, ANS X9.13, ANS 9.37 and ANS X9.100-140 (or any amendment or substitute for such standards as may be promulgated from time to time), whether such standard pertains to the MICR Line, the image quality of the Original Check, the placement of an image of the Original Check on the Substitute Check, or the manual or electronic transfer of a Sufficient Image Copy or other electronic representation of an Original Check or a Substitute Check, unless the Federal Reserve Board, by rule or order determines that a different standard is to apply.
      • “Substitute Check” means a paper reproduction of an Original Check that: (1) contains an image of the front and back of the Original Check; (2) bears a MICR line that, except as provided under the applicable Standard, contains all the information appearing on the MICR line of the Original Check at the time that the Original Check was issued and any additional information that was encoded on the Original Check’s MICR line before an image of the Original Check was captured; (3) conforms in paper stock, dimension, and otherwise with ANS X9.100-140 (unless the Federal Reserve Board by rule or order determines that a different standard applies); and (4) is suitable for automated processing in the same manner as the Original Check.
      • “Sufficient Copy” and “Copy” means: (1) A sufficient copy is a copy of an Original Check that accurately represents all of the information on the front and back of the Original Check as of the time the Original Check was Truncated or is otherwise sufficient to determine whether or not a claim is valid. (2) A copy of an Original Check means any paper reproduction of an Original Check, including a paper printout of an electronic image of the Original Check, a photocopy of the Original Check, or a Substitute Check.
      • “Sufficient Image Copy” means an Electronic Image of an Original Check or Substitute Check that is capable of printing a Sufficient Copy of such Original Check or Substitute Check.
      • “Truncate” means to remove an Original Check from the forward collection or return process and send to a recipient, in lieu of such Original Check, a Substitute Check or, by agreement, information relating to the Original Check (including data taken from the MICR line of the Original Check or an electronic image of the Original Check), whether with or without the subsequent delivery of the Original Check.
    4. Prohibited Transactions; Procedures; Retention of Original Checks. If you have met, in our sole discretion, the conditions we have established for use of Personal RDC Services to make deposits via Electronic Images, we will provide for acceptance for deposit to your Account(s) the Electronic Images of Original Checks for collection as allowed under this Agreement and the Documentation.

      However, you agree that you will not use Personal RDC Services to submit any of the following:

      • Checks or items payable to any person or entity other than you (i.e. no third party deposits);
      • Checks or items payable to any commercial or business entity;
      • Checks or items drawn on foreign financial institutions or payable other than in United States money;
      • Checks or other items containing apparent alteration to any of the information on the front of the check or item, or which you know or suspect (or should know or suspect) are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
      • Original Checks or other items previously converted to a Substitute Check;
      • Checks or items that are Remotely Created Checks (as defined in Reg. CC);
      • Checks or items dated more than six (6) months prior to the date of deposit; or
      • Checks or items prohibited by Bank’s current Documentation relating to Personal RDC Services, or checks or items which are otherwise not acceptable under the terms of your account(s).

      Such Electronic Images shall be deemed received by us for deposit based upon time of receipt as well as successful receipt of Electronic Images that are complete, usable, and adhere to the Standards. If any Electronic Image is not complete, is not usable, or does not adhere to the Standards, the Electronic Image may not be processed by us, in which event your deposit will be adjusted and notification provided. You understand we will process only your Electronic Images that comply with the Standards and are Sufficient Image Copies, and we will use commercially reasonable efforts to present these Sufficient Image Copies for collection under the Check 21 framework. The daily cut-off time for Personal RDC deposits is 5:00 p.m. Central Standard Time. Such daily cut-off times may be adjusted by Bank in its sole discretion from time to time upon notice to you. The availability of funds for deposits via Personal RDC Services is set forth in the Funds Availability section of this Agreement.

      All checks submitted through the Personal RDC Service must be properly endorsed by you by signing the back of the check “For mobile deposit only – City Bank.”

      Should a Drawee Financial Institution return an item to us unpaid, we will charge your respective account for such returned item and may either (i) return the item to you, or (ii) re-present it to the Drawee Financial Institution before returning it to you. Items may be returned as Image Exchange Items, rather than Substitute Checks. Should a Drawee Financial Institution or other third party make a claim against us or seek re-credit with respect to any Electronic Image, we may provisionally freeze or hold aside a like amount in your account pending investigation and resolution of the claim.

      You agree that you will submit to us for deposit to your account only Electronic Images that are Sufficient Image Copies of Original Checks for deposit via Personal RDC Services. No Electronic Image submitted by you to us represents an Original Check that has already been collected. You further agree that you will retain each Original Check that is Truncated through any Personal RDC Services activity for a reasonable period of time, but in no event fewer than fourteen (14) Business Days from the date of deposit Mobile RDC Terms & Conditions or such longer time as we may request from time to time with respect to any specific Original Check. You understand that in all cases you are solely responsible for safeguarding all items you retain, during the reasonable period of time described above, as required or permitted by Personal RDC Services from destruction, alteration or theft.

      Also, you understand that in certain instances we may request from time to time the Original Check to respond to claims made by the Drawer of the check. You should be able to retrieve and produce for us the Original Check in question within seventy-two (72) hours of a written request by us. In the absence of retaining the relevant Original Check, you understand and agree you shall be solely responsible for the cost of any claim brought by the Drawer of the check that for resolution would reasonably require access to relevant Original Check and shall indemnify us in accordance with the terms of the Bank indemnity provisions set forth in this Agreement. You understand and agree that after the reasonable period of time for retention of Original Checks has passed, you will destroy the Original Check in a method that renders it unusable or otherwise unreadable.

      You shall have no right to cancel or amend any deposit after its receipt by Bank. However, if such request complies with the Security Procedures, Bank shall use reasonable efforts to act on a request by you for cancellation of a deposit prior to transmitting it to the Federal Reserve, but shall have no liability if such cancellation is not implemented or completed. You shall reimburse Bank for any expenses, losses, or damages Bank may incur in implementing or attempting to implement your request for the reversal of a deposit.

      You understand and acknowledge that we are relying on the truth and veracity of all Electronic Images submitted for deposit via Personal Mobile RDC Services by you to us, and you warrant that such Electronic Images accurately reflect Original Checks that are, or at the time of the creation of the Substitute Checks, were, in your possession. You also understand that issues regarding returned item collection, returned deposit, and other issues regarding deposit of Items not specifically addressed in this Agreement shall be governed by the terms and conditions of the Deposit Agreement.

    5. Rejection of Personal RDC Deposits. Bank may reject any Personal RDC deposit which does not comply with the requirements in this Agreement. Bank shall notify Customer by phone or electronic transmission, including email and/or fax, of such rejection no later than the Business Day such deposit would otherwise have been transmitted by Bank to the Federal Reserve.

      Furthermore, your deposit of a check image via Personal RDC Services is subject to the Bank’s verification and final inspection process. The Bank is under no obligation to inspect or verify an Electronic Image to determine accuracy, legibility or quality of such image or MICR line information associated with such image, or for any other purpose. However, the Bank may correct or amend MICR line information associated with an Electronic Image to facilitate processing of the Electronic Image or a Substitute Check created from that Electronic Image.

      Notices of rejection shall be effective when given. Bank shall have no liability to you by reason of the rejection of any such Personal RDC deposit or the fact that such notice is not given at an earlier time than that provided for herein.

    6. Funds Availability Regarding Personal RDC Deposits.

      • Your Ability To Withdraw Funds. These provisions apply only to demand deposit checking Accounts where deposits are made via Bank’s Personal RDC Services. You agree that Electronic Images submitted via Bank’s Personal RDC Services from your mobile device are not subject to the funds availability requirements of the Federal Reserve Board’s Regulation CC. Our policy is generally to make funds from your Personal RDC Services available to you on the first Business Day after the day we receive your deposit. Funds that are deposited using Personal RDC Services will not be deemed “received” by us until we have received an Electronic Image that meets all of the requirements for deposits (including all requirements to create a Substitute Check) stated in this Agreement and in any Documentation. Once the funds are available, you can withdraw the funds in cash and we will use the funds to pay items and transactions drawn on your account. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. If you make deposit via Personal RDC Services by the cut-off time of 5:00 p.m. Central Standard Time on a day that is not a Business Day, we will consider such deposit made on the next Business Day we are open.

      • Longer Delays May Apply. In some cases, we will not make all of the funds that you deposit via Personal RDC available to you on the first Business Day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second Business Day after the day of your deposit. The first $200 of your Personal RDC Services deposits, however, will be available on the first Business Day. If we are not going to make all of the funds from your Personal RDC available on the first Business Day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available.

      In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

      • We believe a check you deposit will not be paid;
      • You deposit checks totaling more than $3,000.00 on any one day;
      • You redeposit a check that has been returned unpaid;
      • You have overdrawn your Account repeatedly in the last six months; or
      • There is an emergency, such as failure of computer or communications equipment.

      The availability of Funds you deposit via Personal RDC Services may also be delayed for a variety of additional reasons as determined in Bank’s sole discretion, including, but not limited to:

      • We believe a check you deposit is a duplicate image;
      • You deposit checks totaling more than any applicable per item limit, daily dollar amount limit, monthly item limit or any other limitations on your Personal RDC Services that Bank may impose; or
      • We exercise our rights to investigate any unusual or suspicious Personal RDC items as determined in Bank’s sole discretion.

      We will generally notify you if we delay your ability to withdraw funds for any of these or other reasons, and we will attempt to tell you when such funds will be available. If you will need the funds from a deposit via Personal RDC, you should contact us to inquire when the funds will be available.

    7. Bank Responsibilities. Bank will provide access to the processing equipment and software for Personal RDC Services through the Bank’s Mobile App. Bank will also provide maintenance and support for the Personal RDC Services to ensure the accurate processing of checks, including but not limited to:

      1. Corrections, contingent or alternate work methods, and repairs to any known system bugs or errors.
      2. Modifications, enhancements, or updates that City Bank elects to make generally available to its customers.
      3. Telephone and email support during City Bank’s normal business hours.

      Bank will provide the required User ID and password to Customer in order to engage in Personal RDC Services.

      Bank will provide Documentation as well as training materials and support reasonably required for Customer’s use of Personal RDC Services.

      Bank will accept for deposit and collection to the Customer’s designated account(s) the Electronic Images of Original Checks that are transmitted to Bank in compliance with this Agreement and all applicable laws, rules and regulations. Personal RDC deposits are deemed to have been received upon confirmation by Bank of successful receipt of the transmission of Electronic Images that are complete, usable, and adhere to the data specifications set forth in this Agreement. If the Electronic Images are not complete, are not usable, or do not adhere to data specifications, the images may not be processed by Bank. In such event, your deposit will be adjusted and notification will be provided to you.

      Bank will process your Electronic Images that are Sufficient Image Copies after it has received your transmission of Electronic Images. Bank will use commercially reasonable efforts to present the Sufficient Image Copies for collection under the Check 21 framework. Unless Bank notifies you otherwise, Bank will provide same day ledger credit to your deposit account for all Sufficient Image Copies transmitted by you and received by Bank in accordance with the requirements of this Service and within the timelines established by Bank. However, Bank shall not be responsible for providing ledger credit on the same day a file has begun to be transmitted to Bank by you unless the file containing the Electronic Image is fully received by Bank prior to the cut-off time of 5 p.m. Central Standard Time.

      If a Drawee Financial Institution returns an image representing an item to Bank unpaid, Bank may charge your applicable account for such returned item, whether or not the return is timely and properly made, and may either (i) return the item to you, or (ii) re-present it to the Drawee Financial Institution before returning it to you. Items may be returned as Image Exchange Items, rather than Substitute Checks. If a Drawee Financial Institution or other third party makes a claim against Bank or seeks re-credit with respect to any electronic item, Bank may provisionally freeze or hold aside a like amount in your applicable account pending investigation and resolution of the claim.

      Bank will provide information detailing Items processed, return items, deposit adjustments, and other related information in your applicable account statement. Bank will also retain any Electronic Images contained in Bank’s cash letter file for a period of up to five (5) years.

      Bank may refuse to process any non-conforming items, including without limitation, any items that do not meet the definition of a “check.”

    8. Customer Responsibilities. Customer will maintain at least one or more checking accounts at Bank eligible for the receipt of Personal RDC deposits.

      Customer will inspect and verify the quality of Electronic Images, ensuring that the Electronic Images of the front and back of the Original Checks are legible for all posting and clearing purposes by Bank. Specifically, the Customer is warranting that:

      1. The Electronic Image is an accurate representation of all information on the front and back of the Original Check at the time the check was converted to an Electronic Image, and the Electronic Image contains all endorsements from the Original Check.
      2. Each Electronic Image (or related electronic data file) contains a record of all MICR line information required for a Substitute Check and satisfies all the requirements of Check 21 and Regulation CC for the creation and/or transferring of a Substitute Check.
      3. The Original Check, a duplicate Electronic Image, or any copy of the Original Check or Electronic Image will not be deposited by the Customer with Bank (unless Bank instructs the you to do so) or under any circumstance with any other bank or financial institution.
      4. The Original Check, a duplicate Electronic Image, or any copy of the Original Check or Electronic Image will not be presented, transferred, or returned such that Bank or any other person will be asked to make payment based on an Original Check or Electronic Image that Bank or the other person has already paid.
    9. The Customer’s applicable account will be charged for any deposited check that is later returned to Bank owing to an actual or alleged breach of any such warranty above or otherwise made in this Agreement.

      Customer will assist in the installation and implementation of any changes and upgrades to the Personal RDC Services as required by Bank to ensure compliance with regulatory changes and developments, or to protect the integrity and security of such Services.

      Customer will use the Personal RDC Services to enter, process, and transmit Original Checks in accordance with procedures and transmission deadlines outlined in this Agreement.

      Customer will verify Bank’s receipt of its Personal RDC deposits by reviewing deposits that have been posted to the designated accounts, in addition to cooperating with Bank in any investigation and resolving any unsuccessful or lost transmissions. Customer will comply with all Security Procedures outlined in this Agreement and any Documentation and agrees not to bypass, override or disable any security mechanisms in the processing software or processing equipment.

      Customer will retain each Original Check for the time frame specified in this Agreement after an Electronic Image of the check has been created and will promptly provide any related Original Check (or Sufficient Copy of the front & back of the Original Check) to Bank as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check.

      Customer understands that in all cases it is solely responsible for safeguarding all such images from destruction, alteration or theft in accordance with the provisions of this Agreement.

      Customer will use commercially reasonable methods to destroy the Original Checks after the required retention time has expired to render them unusable or otherwise unreadable.

      Customer will cooperate with Bank in providing information and access to Customer records in the event of lost, mistaken, incomplete, or unusable Electronic Images, or in the event of claims of fraud, alteration, counterfeit or otherwise.

      Customer may not perform Personal RDC Services for any third party, and any attempt to do so shall automatically terminate this Agreement, except for any provisions of this Agreement that are expressly to survive such termination.

    10. Representations And Warranties. By depositing Electronic Images with the Bank via the Personal RDC Services, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation. You understand and acknowledge that all of the warranties deemed given by a depositor of a check to a bank under the Uniform Commercial Code (“UCC”), as applicable from time to time in the State of Texas, shall also apply to any Electronic Image of an Original Check the same as if such Electronic Image or Substitute Check were a paper check within the meaning of the UCC as adopted by the State of Texas (“Texas UCC”). Accordingly, except to the extent that any warranties deemed given under the Texas UCC are expressly superseded by the Check 21 Act or the Check 21 regulations, you understand that you are deemed to give us all the same warranties you would have given under the Texas UCC for the deposit of an Original Check by transferring to us: (a) any Substitute Check; (b) an IRD or other item purporting to be a Substitute Check; or (c) any Electronic Image that purports to contain a Sufficient Copy of an Original Check or a Substitute Check.

      Such warranties also include the following two (2) specific warranties regarding transfer and presentment:

      • You warrant that the Electronic Image that we convert to a Substitute Check meets the requirements described in § 229.51(a)(1) – (2) of the Check 21 Regulation (found at 12 CFR §229.51(a)(1) – (2)) for legal equivalence; and
      • And your warranty given above is deemed given to us and any other person, company or bank to which we transfer, present or return the Substitute Check or a paper or electronic representation of the Substitute Check.

      The above warranties are deemed given to Bank and any person, company or bank to which Bank transfers, presents or returns any of the Images included in such electronic file as a Sufficient Image Copy or that purports to be a Sufficient Image Copy created by Bank or any subsequent bank receiving a copy of such image. Customer represents that it shall permit no third parties to use the Personal RDC Services to deposit Original Checks to Customer’s Account.

      With respect to each and every Personal RDC deposit initiated by you, you represent and warrant to, Bank and agrees, that you shall perform your obligations under this Agreement in accordance with all applicable laws and regulations, including the sanctions laws administered by OFAC and the Bank Secrecy Act.

    11. Liability; Limitations On Liability; Indemnity. In addition to other limitations of liability contained herein, in the performance of this Agreement, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Customer pursuant to this Agreement and the use of the Personal RDC Services, and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services.

      Bank shall not be responsible for Customer’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal, or authorization of any deposit received from Customer) or those of any other person, including, without limitation, any Federal Reserve Bank, or transmission or communications facility, and no such person shall be deemed Bank’s agent.

      Bank makes no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or furnished to the Bank or to you by licenser or others, in connection with any software or Service(s) provided to you under this Agreement. Without limiting the generality of the foregoing, the Bank makes no representation or warranty, expressed or implied, against any infringement of any proprietary rights of any other party. You assume the entire risk as to the quality and performance of the software provided, the suitability of the Personal RDC Services, and with respect to any documentation. This paragraph shall survive the termination of this Agreement by either you or the Bank, and also limits the liability of any agent, employee, or affiliate of the Bank. We do not and cannot warrant that the software provided will operate without errors, or that any or all Personal RDC Services will be available and operational at all times.

      You agree to indemnify Bank against any loss, liability, or expense (including attorney’s fees and expenses) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of Customer or any other person described in this Section 20.10.

      Bank shall be liable only for Customer’s actual damages; in no event shall Bank be liable for any consequential, special, incidental, punitive, or indirect loss or damage which Customer may incur or suffer in connection with this Agreement, whether or not the likelihood of such damages was known or contemplated by the Bank and regardless of the legal or equitable theory of liability which Customer may assert, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omissions pursuant to this Agreement.

      Liability shall not exceed the sum of the amount of any loss suffered by the Customer as a result of a breach of warranties under Regulation CC (12 CFR Part 229) up to the amount of any Substitute Check, interest and expenses (including cost and reasonable attorney fees and other expenses of presentation) related to the Substitute Check reduced by any amount that the Customer receives and retains as a re-credit. Furthermore, such liability shall be further reduced by the amount of any damages incurred as a result of the negligence or bad faith of the Customer.

      Without limiting the generality of the foregoing provisions, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission of communication facilities, equipment failure, war, adverse weather, terrorism, emergency conditions, or other circumstances beyond Bank’s control.

      In addition, Bank shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in Bank’s having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank’s reasonable judgment otherwise violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. In such event, Customer shall be responsible for having a contingency plan in place including temporarily depositing original, paper items at any branch facility of the Bank.

      Subject to the foregoing limitations, Bank’s liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds rate at the Federal Reserve Bank of Dallas for the period involved. At Bank’s option, payment of such interest may be made by crediting the account resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Customer or any other person described in Section 20.9.

    12. Termination. In addition to other termination rights contained herein, Bank reserves the right to terminate the Personal RDC Service immediately upon providing written notice to you of such termination. We may also, in our sole discretion, terminate your Personal RDC Service effective immediately if: (i) there is an occurrence of a material change in your account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (ii) we at any time determine that you do not meet our risk or other qualification requirements; (iii) we discover any willful misconduct (including but not limited to types of fraudulent activity) on your part or any other party with respect to Electronic Images submitted for deposit by you; (iv) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your account; (v) you have not used Personal RDC Services for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (vi) you are in default of any terms of the Agreement or any other agreement with us. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of Personal RDC Services to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination.

    13. Either you or Bank may terminate Personal RDC Services, with or without cause, upon thirty (30) calendar days’ written notice to the other of its intent to do so, sent to you at your statement address and sent to us at the address provided herein. In the event of termination of Personal Mobile RDC Services, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including your responsibility to pay us for Personal Mobile RDC Services and with respect to transactions processed prior to the effective date of termination. If Personal Mobile RDC Services are terminated by us, we may accelerate all amounts due and to become due, and you agree to promptly make full payment to us of all amounts due and amounts incurred by you through your use of our Personal RDC Services.

    14. Any termination of the Personal RDC Services shall not affect any of the Bank’s rights and Customer’s obligations with respect to deposits initiated by you prior to such termination, or the payment obligations of Customer with respect to services performed by Bank prior to termination, or any other obligations that survive termination of this Agreement.

  21. Picture Pay Bill Payment Agreement.

    1. Generally. City Bank’s “Picture Pay Bill Payment Services” are defined as any electronic service provided by City Bank that allows you to direct City Bank to make payments from your City Bank checking accounts to third parties whom you have selected in advance through the use of a mobile device.

    2. City Bank Picture Pay Bill Payment Service. You may direct City Bank to make payments from your City Bank checking accounts to third parties (“Payees”) whom you have selected to receive payment. You may make payments through the Picture Pay Bill Payment Services to any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf (“Business Payee”) or to any individuals, family, or friends for non- business purposes (“Individual Payees”). Payments may be made only to Payees with a U.S. payment address. The Picture Pay Bill Payment Services is available for personal accounts only. Account number, last four digits of social security number, and related information are required for set up and activate the Picture Pay Bill Payment Services.

    3. Delivery of Your Payments. You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on the same date each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Picture Pay Bill Payment Services 24 hours a day, 7 days a week, payments can be “initiated” only on business days. Bills cannot be initiated on holidays or weekends. If a scheduled bill payment falls on a holiday or weekend, it will be paid on the Friday before the weekend, or the last working day before the holiday. The date on which a payment is “initiated” is the date on which we act on your payment instructions.

      As you are initiating your payment, the Picture Pay Bill Payment Services will automatically determine whether your payment will be sent by electronic transmission or by check. In order to send a payment by electronic transmission, your designated Payee must be on our service providers list of businesses that are set up to accept electronic transfers. All payments not made by electronic transmission are made with a check to your designated Payee.

      Payments are “processed” one time each business day at 4:00 p.m. Central Time. You have the right to stop or change any scheduled bill payment until the time it is processed.

      Stop Payments are not guaranteed. Payees may present payments to their bank before the stop payment has been properly processed. Payments that are in process cannot be canceled or stopped. If City Bank is successful in processing a stop payment request, please allow up to seven business days for the funds to be credited to your account.

    4. Scheduling Payments. There will be a delay between the time when you initiate a payment and when the Payee receives that payment. Any payments made using the Picture Pay Bill Payment Services require sufficient time for your Payee to receive your payment and credit your account properly. Therefore, you should initiate the payment sufficiently in advance of the due date of your payment. We recommend that you initiate payments at least 7 full business days prior to the due date for payments by check and at least 4 full business days for electronic payments. We will not be responsible for any fees, expenses, late charges, or losses you may incur as a consequence of late payment if you fail to properly initiate the payment sufficiently in advance of the due date of your payment

    5. Payment Guarantee. If City Bank does not properly complete a bill payment on time or in the correct amount, we will reimburse your for any late fees or penalties you are charged up to a maximum of $25.00 per scheduled payment to a Business Payee that is not received by the scheduled payment date as a result of the failure of a Business Payee to receive a payment made through the Picture Pay Bill Payment Services. In order to be eligible for such reimbursement, you must meet the following conditions: (a) You must have properly scheduled the payment to be initiated on a date at least 7 business days prior to the bill’s actual due date (b) You must provide us with the correct payment amount (c) your checking account must contain sufficient funds to complete the payment. (d) You are an individual using Picture Pay for personal, family, or household purposes. The Bank has the right to refuse any transaction if the Bank reasonably believes such refusal is necessary for security reasons.

    6. Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. City Bank reserves the right to block access to the Picture Pay Bill Payment Services to maintain or restore security to City Bank systems if City Bank reasonably believes your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). You are liable and responsible for all Mobile Banking Services (including Picture Pay Bill Payment Services) transactions made using your means of identification, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification otherwise is compromised, you must notify City Bank so that City Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify City Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your City Bank accounts via the Mobile Banking Services.

    7. Service Fees. There is no service charge for City Bank’s Picture Pay Bill Payment Services. Please note, however, that you are responsible for all fees and charges that might otherwise apply to your City Bank accounts, such as normal account fees and service charges, non-sufficient funds or OOPS fees, etc. Expedited payment functions will incur a $24.95 fee. All fees are subject to sales tax in New Mexico.

    8. Interruptions in Services. City Bank may on a regular basis perform maintenance on City Bank equipment or systems which may result in interruption of the Picture Pay Bill Payment Services. City Bank will not incur any liability to you as a result of any such interruptions.

    9. Reward Checking Requirements. Usage of the City Bank mobile banking application and its Picture Pay feature combine to satisfy Reward Checking requirements. Logging into the mobile banking application will satisfy the “online login” requirement. Picture Payments will satisfy the required bill payments requirements. Please review current Reward Checking requirements for each Reward level.

  22. Reporting Unauthorized Transactions; Liability for Authorized Mobile Application Transactions. To report unauthorized transactions on any of your accounts, please contact us using the information listed in Section 15 of this Agreement. Requirements for reporting unauthorized transactions are set forth in your Deposit Agreement.

    Tell us at once if you believe your mobile ID or password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your mobile ID and password could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.

    When you give someone your mobile ID and password, you are authorizing that person to use your Services, and you are responsible for all transactions that person performs while using your Services. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized. Additional information regarding unauthorized transfers can be found in your Deposit Agreement.

    Transactions initiated by you, or by someone acting with you or at your instruction, with fraudulent intent are also deemed authorized transactions. For your protection, sign off after every Mobile Banking Service session.

    No City Bank or Payee employee, nor any company affiliated with City Bank Mobile will contact you via email or phone requesting your mobile ID or mobile passcode. If you are contacted by anyone requesting this information, please contact us immediately.

  23. Warranties. Although City Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Mobile Banking Service, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, CITY BANK ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.

  24. Limitation of Liability. IN NO EVENT WILL CITY BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF CITY BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF CITY BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS.

  25. Indemnification. You agree to indemnify, defend, and hold City Bank and its affiliates, officers, directors, employees, consultants, agents, mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.

  26. Cancellation/Termination. This Agreement remains in effect until they are terminated by you or City Bank. You may cancel the Mobile Banking Services at any time by notifying us of your intent to cancel in writing or by calling City Bank’s Customer Service at 1-800-OUR-BANK. This cancellation applies to your Mobile Banking Services and does not terminate your City Bank deposit or credit accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the Mobile Banking Services. We may terminate your participation in Mobile Banking Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.

  27. Governing Law. This agreement will be construed and interpreted in accordance with federal law applicable to Mobile Banking and to the extent not superseded by federal law, or the laws of the State of Texas. This Agreement is performable in Lubbock County, Texas, and venue shall be proper in such County for all purposes. Customer consents to jurisdiction over Customer in any state or federal court in the State of Texas.

  28. Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

  29. Waiver. No waiver by City Bank of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

  30. Binding Agreement; Benefit. This Agreement shall be binding upon and solely for the benefit of the parties hereto and their respective legal representatives, successors, and assignees. This Agreement is not for the benefit of any other person, and no other person shall have any right against Bank or Customer hereunder.

  31. Headings. Headings are used for reference purposes only and shall not be deemed a part of this Agreement.

  32. Amendments. From time to time, Bank may amend any of the terms and conditions contained in this Agreement, including, without limitation, any cut-off time or any Business Day. City Bank may also, at any time, make modifications, changes, and alterations to the Contents of the Mobile Banking Services. We may also add or delete certain components of the Mobile Banking Services. We will notify you of such changes by mail or electronic message. Such amendments shall become effective upon receipt of notice by Customer or such later date as may be stated in Bank’s notice to Customer. You agree that your continued use of the Mobile Banking Services following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

  33. Entire Agreement. This Agreement (including the Documentation) together with the Deposit Agreement and other applicable agreement between Customer and Bank is the complete and exclusive statement of the agreement between Bank and Customer with respect to the subject matter hereof and supersedes any prior agreement(s) between Bank and Customer with respect to such subject matter, and it supersedes any prior discussions and agreement between you and City Bank regarding the Mobile Banking Services.

  34. Assignment. City Bank may assign its right and delegate its duties under this Agreement to a company affiliated with City Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.