BANK OF THE WEST ELECTRONIC CONSENT AND ONLINE BANKING SERVICE AGREEMENT

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Table of Contents:

1. Introduction
2. Definitions
3. Equipment Requirements; Responsibilities
4. Proprietary Rights
5. Your Online and Mobile Service Responsibilities
6. Enrolling in Online and Mobile Service; Waiver of Requirements for Multiple Signatures
7. Accounts Linked in Online and Mobile Service: Indemnity; Representations by Enrollee
8. Enrollees, Owners and Delegates
9. Security Procedures
10. Basic Online Service
11. Online Investing Service
12. Bill Pay Service
13. Periodic Statements
14. Online Statements for Bank Accounts
15. Online Transfer Service - Transfers Outside Bank of the West and Pay other People Money Transfers
16. Mobile Services
17. Online Guarantee
18. Reporting Unauthorized Transactions on your Bank of the West Accounts - Your Liability for Unauthorized Transactions
19. Bank of the West's Liability If We Fail to Make a Transfer or Payment
20. Consumer Customers: In Case of Errors or Questions About Electronic Transfers on your Bank of the West Accounts
21. Emails and Voicemails
22. Hours of Operation-Account Updates-Cutoff Times-Scheduled Maintenance and Unscheduled Unavailability
23. Fees
24. Your Privacy
25. Information Authorization
26. Bank Account Address or Banking Changes; Notices
27. Disputes Regarding Banking Accounts
28. Assignment
29. No Waiver
30. Captions
31. Limited Liability for Use of Online and Mobile Service/Exclusions and Warranties
32. Entire Agreement
33. Amendment of this Agreement-Notices-Conflicts-Governing Law
34. Suspension and/or Termination of Service
35. Our Communications With You

1. Introduction
This Online and Mobile Service Agreement (the "Agreement") and the Electronic Consent, together with any associated emails and documentation, whether provided electronically or on our website, constitute the entire agreement with respect to our Online Banking, Mobile Banking, Business Online Banking, and Online Investing Services, as applicable (As applicable, "Online Service," "Mobile Service," "Online and Mobile Banking Service," "Investment Service," "Service," or "Services"). As used in this Agreement, the terms "Bank," "us," "we," or "our" means "Bank of the West, "BancWest Investment Services" or any affiliated entity that provides you with Online and Mobile Services and any agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Services; "Customer," "you" or "your" means: (1) an individual or entity that is an owner of an account, an Authorized Representative, or a party-in-interest to an account (such as a co-trustee of a trust account); (2) an individual authorized by an account owner or a party-in interest to view account information and/or effect transactions in an account. By enrolling and/or using the Service, or authorizing another to use your access to the Service, you agree to and accept the terms and conditions of this Agreement, including any instructions we provide either online or on your device.

This Agreement supplements, but does not replace, the Deposit Agreement, the Credit Agreement ,or the BancWest Investment Services Terms and Conditions Agreement Undefined terms herein shall have the meaning assigned to them in the applicable Deposit Account Disclosure for Personal Accounts, the Deposit Account Disclosure for Business Accounts, or the BancWest Investment Services Terms and Conditions Agreement (collectively "Service Agreement"). In the event of an inconsistency between the underlying Service Agreement and this Agreement, this Agreement shall govern.

Investment, Annuities and Insurance products offered through BancWest Investment Services:


NOT FDIC INSURED

NOT BANK GUARANTEED

MAY LOSE VALUE

NOT A DEPOSIT

NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY


Securities and Variable Annuities are offered through BancWest Investment Services, a registered broker/dealer, Member FINRA/SIPC. Financial Advisors are registered representatives of BancWest Investment Services. Fixed annuities/insurance products are offered through BancWest Insurance Agency in California (License # 0C52321) and through BancWest Insurance Agency in Utah, and through BancWest Investment Services in AZ, CO, IA, ID, KS, MN, MO, ND, NE, NM, NV, OK, OR, SD, WA, WI, WY, HI, GUAM and CNMI."

BancWest Investment Services is a wholly owned subsidiary of Bank of the West and a part of the Wealth Management Group. BancWest Corporation is the holding company for Bank of the West. BancWest Corporation is a wholly owned subsidiary of BNP Paribas.

2. Definitions
In addition to those definitions contained within other sections of this Agreement, the following terms are defined:

"Account" or "Accounts" mean, respectively, each and all deposit accounts, including checking, savings, money market savings, money market checking, certificate of deposit and individual retirement accounts (collectively called "Deposit Accounts") and loan Accounts, including credit cards, loans as well as overdraft and other lines of credit Accounts (collectively called "Loan Accounts") that you maintain with Bank of the West and each and all brokerage accounts held with BancWest Investment Services including without limitation, cash, margin, short, retirement, trust, corporate, individual retirement accounts, (collectively called "Brokerage Accounts) which we make available to you through the Online and Mobile Service.

"Affiliate" means any individual, entity (ies) or organization(s) with which the Enrollee is associated, directly or indirectly, by ownership, control or contract.

"Alert Notifications" means any notification you set in the Service which will alert you concerning a condition on an Account.
For example, you may request an Alert Notification if an Account balance falls below a specified dollar amount or if a transfer is conducted. An Account balance Alert Notification is based on your prior Banking Business Days’ Current Balance.

"Authorized Representative" means a person with authority to take action or make decisions on behalf of another person or on behalf of the Business Customer with respect to an Account.

"Available Balance" is the Current Balance in an Account less any activity that has not yet cleared the Account (such as pending deposits, debit card transactions and withdrawals), less any pledges (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). Your "Available Balance" may fluctuate during the day due to pending deposits and debit transactions.

"Banking Business Days" means Monday through Friday, excluding federal holidays. Except as otherwise noted in this Agreement, transactions on non-Banking Business Days will be considered as having been made the next Banking Business Day.

"Basic Online Banking" is a term defined in section 10.

"Biller" is, as applicable, either the person or entity to which you wish a bill payment under the Bill Pay service to be directed or is the person or entity from which you receive electronic bills. Sometimes, a Biller is called a Payee.

"Billing Account" is the checking Account from which all fees related to the Service will be automatically debited.

"Bill Pay" is a term defined in section 12."Brokerage Business Days" means Monday through Friday excluding U.S. holidays as dictated by the primary U.S. stock exchanges (e.g., NASDAQ, NYSE). Any transactions on a non-Brokerage Business Day will be considered as having been made the next Brokerage Business Day.

"Business Customer" means an Online and Mobile Service user who is:

(1) A corporation, partnership, limited liability company or other business or non-profit organization or entity;

(2) A natural person if the Account is not maintained primarily for that person's personal, family or household purposes.

"Computer" is a term defined in section 3.

"Consumer" means a natural person but does not mean any Business Customer, including a sole proprietor nor does it mean any customer of BancWest Investment Services or holder of an Investment Services Account.

"Credit Agreement" means and the terms and conditions of any credit agreements applicable to your Bank of the West loan Accounts, including all accompanying fees and other schedules and any related disclosures or notices of changes of terms or conditions (together, the "Credit Agreement").

"Current Balance"is the total amount of funds on deposit for your Account, regardless of pending transactions, holds, pledges or restraints.

"Cutoff Time" means 7:00 p.m. Pacific Time for transfers between your eligible Company Account(s).

"Deposit Agreement" means, the Account Disclosure for Personal Accounts, the Deposit Account Disclosure for Business Accounts, as appropriate to your Deposit Account(s), the applicable signature card(s), the Schedule of Fees and Charges, and any addenda, brochure, notices of changes in terms, and other information applicable to the Bank of the West Deposit Account(s) available to you through the Services.

"Device" means a supported mobile device including a cellular phone or other mobile device that is web-enabled and/or capable of sending and receiving text messages. "Rooted" or "jailbroken" devices are not supported mobile devices. A rooted or jailbroken device is a device from which the standard protections and limitations have been removed.

"Due Date" means the date a payment is due as reflected on your Biller's statement or invoice; it is not the late due date and does not include any grace period.

"Enrollee" means the Authorized Representative who enrolls in the Online and Mobile Service on behalf of Business Customer and on behalf of any Affiliate.

"Financial Software Access" means using third-party financial management software to connect to your Accounts. The Company provides the technology to support third-party, two-way connectivity using Open Financial Exchange (OFX), the industry standard for the exchange of electronic information over the Internet. Examples of third-party software include, but are not limited to, Quicken® and QuickBooks® software.

"Investment Services Account" means each BancWest Investment Services Account you have with us which is an eligible Brokerage Account. "Mobile Banking" means any activity via bankofthewest.com, m.botw.com, and any published banking or financial application using the Device you have registered with us for our Mobile Service, = SMS Service or SMS Alerts.

"Mobile Device" means a Device.

"MT" means SMS messages initiated from a Device and addressed to a short code.

"Online Investing Service" means the online service you are granted to your Brokerage Accounts and other services available to you as a customer of BancWest Investment Services as described more fully in this Agreement and in the BancWest Investment Services Terms and Conditions Agreement.

"Online and Mobile Service" means the access service through which Online Banking, Mobile Banking, Bill Pay, Investment Services and other services described more fully in this Agreement can be used.

"Online Statements" - This service, described more fully in section 14 below, allows you to receive electronically your periodic statements, any disclosures, changes in terms pertaining to your Accounts, or your other banking and financial services, any advertisements or other information which would normally be included in your paper statement.

"Our Address" - for Bank of the West is P.O. Box 2573, Omaha NE 68103; for BancWest Investment Services is 13220 California Street, NE-CAL-02-A , Omaha, NE 68154

"Our Telephone Number" means for Bank of the West (800) 488-2265, Option 3; TDD (text telephone) users only: 1-800-659-5495.; for BancWest Investment Services (888) 808-2947.

Important Note: Calls into our out of Our Telephone Number may be monitored or recorded to ensure quality service.

"Our Web Site" means the Bank of the West Web Site located at bankofthewest.com and the BancWest Investment
Services Web Site located at: http://invest.bankofthewest.com/

"Owner" means each person who is an owner of an Account as indicated in Company's records, and any Authorized Representative of that person.

"Paper Check" means a check you issue without using the Online and Mobile Service. Except as specifically noted in this Agreement, the handling of your Paper Checks will not be affected by this Agreement. Paper Checks are handled in accordance with the Deposit Agreement and with the Uniform Commercial Code.

"Payment Account" is the checking Account from which Bill Payments will be paid or debited.

"Payment Instruction" is the information provided by you to the Bill Pay Service for a Bill Payment to be made to the Biller (including, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"PDF" means a Portable Document Format document.

"PFM" means Personal Financial Management software, such as the Quicken® or QuickBooks® software.

"Recurring Transfer" is a term defined in section 10.

"Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment. If an Electronic Payment is made through an Electronic Payment or through an Electronic to Check Payment, it is the Banking Business Day your Payment Account will be debited unless the Scheduled Payment Date falls on a non- Banking Business Day in which case it will be considered to be the previous Banking Business Day.

"Service Provider" means any agent, independent third party contractor, designee, or assignee with whom we have now or hereafter contracted or involved to provide you with the Services. Any reference to us shall include reference to our Service Provider if we have delegated a particular function to a Service Provider.

"Single Transfer" is a term defined in section 10.

"SMS" means short message service, commonly referred to as text messaging. SMS is the means for sending a text message to or from a mobile device. The maximum length of a single SMS message in the U.S. is 160 characters. [Wireless carriers may charge fees for text transmissions or data usage.]

"Transfer" shall refer to any form of transfer between and among Accounts maintained at Company or any form of payment, including transfers outside of Company through the Online and Mobile Service, including Bill Pay.

3. Equipment Requirements; Responsibilities.
Accessing the Service requires the use of a computer and printer, a communications link (usually through a traditional or cellular telephone service provider or a cable connection and a modem or other device for connecting your computer to the Internet or to the Quicken® or QuickBooks® dialup service). Certain features of our Online and Mobile Service may require software, as described in this section 3. All of the equipment and software, and your communications link, are collectively referred to as your "Computer." You alone are responsible for selecting, obtaining, installing, maintaining and operating your Computer in accordance with the requirements provided by the respective manufacturers and service providers.

To access your Online Statements through the Internet, you will need the current version of Adobe Acrobat Reader to enable you to read documents in PDF.

In addition:

To access the Online and Mobile Service through the Internet, you will need an Internet Service Provider and a browser that supports 128-bit encryption. The Service is compatible with Internet Explorer, Google Chrome, Mozilla FireFox and Apple Safari.

For best performance we recommend using the newest certified release of the browser. In order to keep copies of information provided as a result of your use of the Service, you will need to have access to a printer or have the ability to download information.

To access the Online and Mobile Service through financial management software, in addition to the Computer needs described above, you will need to use a software version supported by the manufacturer. Generally the current year and two previous years are supported by a manufacturer.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other computer equipment and Mobile Devices. This responsibility includes, without limitation, your utilizing up-to-date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider or Mobile Device service provider of your choice, for any and all fees imposed by such Internet service provider, Mobile Device service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks, such as the Internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials provided or made available to you from time to time. You acknowledge that you are responsible for the data security of the Computer or Device used to access the Online and Mobile Service, and for the transmission and receipt of information using the Computer or Device. You acknowledge that you have requested the Online and Mobile Service for your convenience and have made your own independent assessment of the adequacy of the Internet, Computer and Device and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet, your Computer or Device nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Computer or Device. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware, or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

4. Proprietary Rights.
You agree that we retain all ownership and proprietary rights in the Online and Mobile Service, associated content, technology, and website(s). Your use of the Online and Mobile Service is subject to and conditioned upon your compliance with this Agreement. Other than Account information, all content received on the Online and Mobile Service is the exclusive property of Company and/or its licensors and is protected by copyrights or other intellectual property rights. The trademarks and logos Online and Mobile Service marks displayed on the Online and Mobile Service (collectively the "Trademarks") are the registered and unregistered trademarks of Bank of the West, BancWest Investment Services, any identified Company affiliates or third parties. Under no circumstances may you use, copy, alter, modify, or change those Trademarks. Nothing contained on Online and Mobile Service or in this Agreement should be construed as granting, whether by implication or otherwise, any license or right to use any Trademark without the express written permission of Company, or the third party which has rights to such Trademark, as appropriate.

5. Your Online and Mobile Service Responsibilities.
In addition to your Responsibilities in the Electronic Funds Transfers Provisions section below:
You agree to keep current any information about you and your Device on the profile page the in Online and Mobile Service as long as you are enrolled in the Online and Mobile Service.

You agree to monitor your Account activity, Account statements (if applicable) and important Account information and notices about the Online and Mobile Service or about your Accounts delivered by us electronically or by mail.

You agree to keep informed of any changes to the Online and Mobile Service by regularly visiting your profile page and Our Web Site at bankofthewest.com.

You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Online and Mobile Service.

You agree not to store non-public personal information, Account, or personal data that might compromise the security of your financial relationship with the Company on your Device or, if stored, such information will be encrypted and secured with commercially reasonable security procedures. Such information includes, as an example, Account names, Account balances, user names and passwords, Social Security Number or Taxpayer Identification Number.

You agree to review regularly and delete all text and other messages sent to and/or received from the Company that may contain non-public personal or Account information.

You agree not to leave your computer or Device unattended while logged into the Online Service and to log off immediately at the completion of each access of the Online and Mobile Service.

You agree to exercise commercially reasonable precautions to protect your computer or Device from viruses, malware and other malicious applications by maintaining a current anti-virus and anti-malware service.

You agree to exercise safeguards to protect your security login information, including without limitation, user name(s), passwords, and answers to security questions. Such safeguards include, without limitation, the changing of passwords on a periodic basis and selecting complex passwords with combinations of letters, numbers, characters and upper and lower case letter combinations. In addition, you agree not to use the same password for multiple services. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you.

You agree not to use any personally identifiable information when creating shortcuts to your Account.

You agree not to use the Online and Mobile Service to conduct any activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person.

You agree to comply with all applicable laws, rules, and regulations in connection with the Online and Mobile Service. Such compliance includes, without limitation, compliance with all requirements of the Office of Foreign Assets Control ("OFAC"). This means, for example, that you shall not access the Online and Mobile Service from an OFAC sanctioned country; and you will not transmit any payment or transfer to an OFAC sanctioned person or entity. While Online and Mobile networks might allow you to perform certain financial functions, it is your responsibility to comply with the laws and regulations. Tourists in OFAC sanctioned countries where the internet is available may use the Mobile Service while visiting the country. However, if you become a resident of certain OFAC sanctioned countries, you may no longer be able to use Online and Mobile Service. Please contact us for more information on the specific limitations imposed by the regulation. You certify that you are an authorized customer of Company, authorized Enrollee in the Online and Mobile Service Online and Mobile and are able lawfully to enter into contracts. We make no representation that any content or use of the Online and Mobile Service is available for use in locations outside of the United States. Accessing the Online and Mobile Service from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.

You agree to notify us immediately if you lose, change or cancel the number of, your registered Device.
You agree to notify us immediately if you believe that someone may have unauthorized access to your Online and Mobile Service, or to your Device. In the event of compromise of your Device, you agree to cancel the Mobile Service associated with the Device immediately.
You agree that calls to and from Bank of the West, BancWest Investment Services and its agents and affiliates may be monitored and/or recorded and you consent to such monitoring and/or recording. If you object to being monitored or recorded, you must notify us immediately upon contact. Depending on the reason for the call, we may not be able to perform a service if you object to a call being monitored or recorded.

6. Enrolling in Online and Mobile Service; Waiver of Requirement for Multiple Signatures
To enroll in the Online and Mobile Service, you must have at least one eligible Account with Company. Eligible Accounts include checking, savings, money market savings, money market checking, certificate of deposit, Individual Retirement Account, credit card, line of credit, installment loan, mortgage, Investment Services Account (not all of these Accounts are available to Business Customers). You agree that any requirement for verifying two or more signatures on any item, such as checks, will not apply to any transactions initiated through the Online and Mobile Service, and we will have no liability when making these kinds of transfers without the requisite verification. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.

7. Accounts Linked in Online and Mobile Service; Indemnity; Representations by Enrollee.
Online and Mobile Enrollee represents the following to Company:

(a) Enrollee is an Authorized Representative of the Customer enrolling in the Online and Mobile Service.

(b) Each of the individual(s), entities and organizations linked in the Online and Mobile Service is an Affiliate of Enrollee and Customer.

(c) Each Affiliate has authorized Enrollee and/or Customer to: (i) open, maintain, and/or close Accounts on its behalf; (ii) obtain, use, and terminate the Online and Mobile Services on its behalf; (iii) designate who is authorized to act as a signer on, and otherwise give instructions to Company regarding, the Affiliate's Accounts and Online and Mobile Service; (iv) enter into agreements with Bank of the West and BancWest Investment Services, as appropriate, Online and Mobile on behalf of the Affiliate; (v) link the Account(s) of each Affiliate with those Accounts of other Affiliates (including Enrollee's and Customer's Accounts) that are managed by Customer and/or Enrollee, it being expressly acknowledged that the linking would permit transfers between and among all linked Accounts; (vi) receive Electronic Communications from Company and act with respect to the linked Affiliated Accounts and Online and Mobile Services; and (vii) access and control all Affiliate Accounts singly via the Online and Mobile Services without regard to any multiple signer designations, requirements, or restrictions that might otherwise be applicable to a specific Account but for other Company agreements.

You and Enrollee, if applicable, shall be deemed to make each of the above representations throughout the term of this Agreement. You and Enrollee, each agree to notify Company immediately if any of the above representations ceases to be correct. You and Enrollee each shall provide to us, upon request, written evidence, in a form acceptable to Company, of your and/or Enrollee's continuing authority to act on behalf of any Affiliate.

You and Enrollee, each, agree to indemnify, defend and hold Company harmless from every claim, action, proceeding, loss, expense (including attorney fees), damage and liability arising from or related to: (a) actions taken or omitted by Company in reasonable reliance upon the representations set forth in this Section 7; (b) allegations that you and/or Enrollee , your employees or agents acted without the authorization or beyond the authorization of an Affiliate in connection with any Account or with the Online and Mobile Service; (c) your or Enrollee's alleged breach of any understanding or agreement with an Affiliate with respect to any Account or the Online and Mobile Service; (d)a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files or otherwise in connection with the Online and Mobile Service; (e) the violation of any law or rights of a third party by you, Enrollee, or by any of the agents of either you or the Enrollee; and/or (f) excluding any responsibilities and duties expressly assumed by us, by your use, or use by the use of any of your agents, of the Online and Mobile Service.

8. Enrollees, Owners and Delegates
Consumer Accounts - If an Account held by a Consumer is owned by more than one person, each such Consumer individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Account and related to the Online and Mobile Service, to the extent allowed by the terms, conditions or governing provisions of the applicable Deposit Agreement, Credit Agreement or BancWest Investment Services Agreement. Any owner of a Personal Account is entitled to enroll in the Online and Mobile Service and conduct transactions in the Online and Mobile Service.

If an Account is owned by more than one person, each such owner individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Account and related to the Online and Mobile Service, to the extent allowed by the terms, conditions or governing provisions of the applicable Deposit Agreement, Credit Agreement or BancWest Investment Services Terms and Conditions Agreement. Business Customers - From time to time, we may offer you the ability to self-administer and manage the authority of other users ("Delegate"). This functionality permits you to authorize Delegate(s) access to the Online and Mobile Service and to specific Account(s) within the Online and Mobile Service. Currently, Delegates have view status only but that functionality may change from time to time.

Notwithstanding how many owners, managers, officers, authorized signers, only one Authorized Representative can enroll in the Online and Mobile Service. That Authorized Representative shall be called the Enrollee. Except as described in the section on "Prior Authorized Users," only the Enrollee has the ability to establish a Delegate. You agree that you, and not we, are responsible for supervising your Delegates and monitoring the actions they take on your behalf, whether or not we provide the functional ability for managing their authority.

With View access, the Enrollee assigns to the Delegate a username and password for accessing the Online and Mobile Service. The Delegate will be required to select a password after the initial login and to comply with additional security features before gaining access to the Online and Mobile Service. With View access, a Delegate will have access to the Account(s) as authorized by you and to online statements for the Account(s). If you receive any combined statements, the Delegate will have access to all information on the combined statements even if it pertains to Accounts to which the Delegate does not have view access. In addition to viewing information online, a Delegate can download information about the Accounts to his/her computer, e.g., into an Excel® spreadsheet.

You agree that you may appoint Delegates only in accordance with the requirements and procedures we provide to you from time to time. This provision takes precedence over any conflicting provision in any other agreement you have with us. We may discontinue offering Delegate options or permitting Delegates to access your Account or the Online and Mobile Services at any time without prior notice.

Prior Authorized Users - If, prior to the effective date of this Agreement, you had instructed Company to grant access to the Online and Mobile Service to any other persons ("Prior Authorized Users"), unless otherwise terminated by you or us, those Prior Authorized Users continue to have full access to the Accounts to the same extent as Enrollee. In addition, all Prior Authorized Users will be permitted access to future functionality added to the Online and Mobile Service. All Prior Authorized Users for a Business Customer will have the ability in the Business Online and Mobile Service to grant authority to one or more Delegates. All transactions that a Prior Authorized User performs on any Account or within the Online and Mobile Service are deemed to have been fully authorized by you. You are solely responsible for those transactions. If you wish to revoke or change the authority of a Prior Authorized Use contact us at Our Telephone Number. It is your obligation to monitor Prior Authorized Users. In the event we do not provide the functional ability for you to view your Prior Authorized Users' access online, you agree to regularly contact the Company to request a list of your Prior Authorized Users, to review it promptly, and to promptly contact the Company and request such access be disabled if it is no longer appropriate, due to, for example, changes in the Prior Authorized Users' job duties and responsibilities, a long-term absence, or termination of employment.

You are responsible for ensuring that each Delegate maintains the confidentiality of his or her username, password, or other login identification and exercises necessary precautions when using the Service, in selecting user name and passwords and maintains commercially reasonable protections against viruses and/or malware on the Computer or Device used for the Service.

You agree that each Delegate will access and use each Account, and the Online and Mobile Service, in accordance with the authority given to the Delegate by the Enrollee. Each time the Delegate accesses, views, or transacts on an Account or the Online and Mobile Service, you represent and warrant to us that the action by the Delegate is authorized by you and the Enrollee. If we receive conflicting instructions, or if we believe that an Account's security or our security may be at risk as a result of the actions of a /Delegate, we may at our sole discretion terminate the Delegate's access to the Online and Mobile Service, prevent the individual from being a Delegate, or block a suspicious transaction for further investigation without prior notice to you or the Enrollee.

Unless otherwise stated above, the authority of a Delegate will terminate: (a) when we are notified by an Authorized Representative that the Enrollee appointing the Delegate ceases to be an Owner of the Account; (b) in the case of Consumer Accounts and sole-proprietorship Business Customer Accounts, upon our receiving written notice of the death or incapacity of the Enrollee from a court of competent jurisdiction or from a source that we consider official and reliable; (c) at our sole discretion if an Enrollee, Owner or Delegate breaches any provision of this Agreement; or (d) when the Delegate ceases to be enrolled in the Online and Mobile Service. You agree that each of your Authorized Representatives will be acting as your agent and on your behalf, will be bound by this Agreement and any separate agreement governing the Account or Online and Mobile Service. We may rely and act on the instructions of any such person without our having liability to you.

9. Security Procedures
When you enroll, you will be required to create your user name and password through the enrollment process. You will need your user name and password to gain access to the Online and Mobile Service. If you forget your password, you can reset it at the login page by answering the challenge questions that you created in the enrollment process. If you forget your user name, you may call us at (800) 488-2265 Option 3 for assistance or you may reenroll in the Online and Mobile Service. Note: If you reenroll in the Online and Mobile Service, your prior history, such as Billers and Scheduled Bill Payments may be lost.

You agree to memorize and keep your user name, password, and security question answers secret. This is critical to help prevent unauthorized access to your Accounts. Remember, anyone with your user name and password may make transfers between your Accounts with Company, with external accounts, including those of third parties, and may direct payments from your Accounts. While, under certain circumstances, you may avoid some or all responsibility or liability for such transactions, such unauthorized use, at a minimum, will cause you inconvenience and could cost you money, as described in section 18.

To help safeguard your Accounts, you should change your password frequently, make your password complex and in accordance with the instructions provided online, and you should never write your password anywhere.

In the event that your Device is lost or stolen you agree to call us at Our Telephone Number immediately. We will take such preventive measures, which could include the canceling of access to the Online Service or Mobile Service, as are necessary to safeguard your Account and confidential information. You should contact your mobile carrier regarding a replacement device.

You could be the target of online fraud whenever you access the Internet through a Mobile Device. Online fraud scams attempt to obtain confidential information and use it to improperly transfer money improperly or to commit other fraudulent acts. Online fraud is particularly dangerous because it is often difficult to detect, so you may not be aware that private information has been stolen until after a loss has occurred.

Protect your Online and Mobile Service access information (IDs, passwords, etc.). Never disclose confidential information by email or text message, and always log out after any the Online and Mobile Service session.

Before downloading or installing a banking app or shortcut on your Device, verify it is the authorized and genuine app from Company.

Use caution if you receive a text message expressing an urgent need for you to update your information, activate an Account, or verify your identity by calling a phone number or by submitting information on a website. Do not click on any active links in any suspicious emails from your Device. Forward all suspicious emails or text messages to us at abuse@bankofthewest.com.

Never leave your Device unattended. Use your Device's keypad lock or phone lock function when not in use.
Frequently monitor transactions in your Accounts through the Online and Mobile Service, and contact us at Our Telephone Number immediately if you notice anything out of the ordinary.

Frequently delete text messages sent from us, especially before loaning, discarding, or selling your Device.

If you change your mobile phone number, update the information on your Online and Mobile Service profile page via bankofthewest.com Online and Mobile. This will help us contact you if needed.

Be mindful of what you download, install, or click. Devices which can access the Internet have the same risks of virus, malware, or phishing that computers have, since such Devices can be used to download and install apps or browse the Internet.

Social engineering is an attempt to manipulate you into performing actions or divulging confidential information by impersonating a trustworthy entity in an electronic communication. Social engineering communications can be sent by email (phishing) or text message (smishing). Make sure you trust the source of a message or link before taking action.
Malware is malicious software. Malware can be installed on your computer or Device without your consent. Once there, malware can record keystrokes, redirect your browser, or display fake websites, all in an effort to impersonate you in Online and Mobile Service transactions. Common methods of becoming infected with malware include:

  • Infected documents attached to an email
  • Clicking on a link contained within an email that connects to an infected website
  • Accessing legitimate websites, particularly social networking sites, and clicking on infected documents, videos, and photos
  • Infected search engine results on common queries and current events


Malicious apps are apps that are unauthorized and which could contain a malicious code. If you install third-party apps on your Devices, they could be compromised via a malicious code that is designed to take over the handset and access files or passwords.

You are responsible for all Online and Mobile transactions initiated by anyone you authorize to use the Online and Mobile Service on your behalf by furnishing your security access credentials to those persons, whether such use is pursuant to or beyond your instructions to the person given authorization to use the Online and Mobile Service on your behalf. A transaction initiated by anyone so authorized will not be considered unauthorized for purposes of the rules described in section 18 unless you have changed your password or other security procedures without giving the other person the new password and security procedures and the transaction occurs after the password or security procedures have been changed. You agree that all security procedures set forth in this Agreement for the Online and Mobile Service are commercially reasonable.

If you permit any other person(s) or entity(ies), including, without limitation, any data aggregation service providers, to use the Online and Mobile Service or to access or use your Card numbers, account numbers, PINS, user name, password, or other means to access your Accounts, you are responsible for any transactions or activities performed from your Accounts and for use of your personal and Account information by such person(s) or entity(ies).

Business Account holders, holders of Accounts and Consumers who are not eligible for protection under Federal Regulation E are not entitled to those rights provided to consumers by the Electronic Funds Transfer Act and, therefore, the following provisions of this Agreement are not applicable to those Consumers, to Business Customers or to business Accounts: the liability limitation provisions of Section 19 and the time period contingent re-crediting provisions of Section 20.

10. Basic Online Service (Available to Consumer Customers and to Business Customers) (Available in Online and Mobile Services) (Not Applicable to Investment Services Accounts - See Section 11 Below)

Our Basic Online Service allows you to obtain Current Balance and Available Balance for deposit and loan Accounts as defined in this Agreement and in the Online Help Menu – Account Overview section and transaction information for almost all of your Accounts and to transfer money between certain Accounts [Important Note: Commercial Term Loan Balance Limitations. Information provided is for informational purposes only, may represent loan account status as of two (2) Banking Business Days prior, and is not intended to assert that an account holder is personally responsible for the loan where such responsibility has been discharged. Not all commercial loan products will display Current Balances and Available Balances. Commercial Loan customers can inquire about their applicable Available Balance by calling us at 1-888-457-2692 M-F 6:30 AM to 5:00 PM (PT)] and set up Alert Notifications as follows:

You may use the Basic Online Service to review transaction information for your Accounts during the current and earlier statement periods, but for no earlier than 30 days before enrolling and designating the Account for the Online Service . Additional Account information will be available when you access the Online Service. For some Accounts, transaction information will be current through the close of the previous Banking Business Day . For Account balances, the date for which the balance is current will be shown. Note, however, that amounts reflected as deposit Account balances are provisional and subject to reversal if recent deposits are not collected from the institution upon which a deposited item is drawn, and in certain instances, recent transactions may not be reflected. The maximum amount of any "Single" or "Recurring" transfer between your Accounts is the lesser of the current available deposit or credit balance in the source Account (plus any available credit in an associated Gold Line or Business Link Reserve line of credit that may be linked to your checking Account) or $500,000.00. The maximum number of Recurring Transfers is 999. A transfer may be scheduled from and to the transfer Account you designate at a time up to 365 days in advance of the date the transfer is to be made (called a "Single Transfer"), or may be set-up as automatic recurring transfers to be made at substantially regular intervals (e.g., monthly, quarterly, etc.) in the same amount between the same two Accounts (called a "Recurring Transfer"). If there is a minimum transfer amount provision applicable to your line of credit or credit card Account, it will be stated in the applicable Credit Agreement. We reserve the right to complete or reject any attempted transfer that exceeds or is lower than the applicable limit, at our complete discretion, and, regardless of our decision in that regard, you understand that such attempted or completed transfers may subject your deposit or loan Account to an overdraft or over limit fee, as applicable and as stated in the pertinent Deposit Agreement or Credit Agreement. Note: Recurring Transfers are only available to customers who are using the Online Service on the Internet and not through Personal Financial Management software.

Your ability to transfer funds between certain types of deposit Accounts is limited by federal law and is described in your Deposit Agreements. Preauthorized or automatic transfers or telephonic agreement transfers from certain Accounts to another Account or to a third party are limited to 6 per calendar month or 4-week statement cycle, as applicable by account type. There is no limit on the number of transfers from your checking Accounts. Please refer to your Deposit Agreement to determine whether the number of transfers from a given Account is restricted. In addition, without prior notice, for security reasons, we reserve the right to limit the frequency and dollar amount of transactions from any of your Accounts.
You cannot transfer funds from an installment loan, or from or into a certificate of deposit, Bank of the West Individual Retirement Account or Christmas Club Account, nor can you transfer funds directly from a Gold Line or Business Link Reserve Account, although you may access your Gold Line or Business Link Reserve Account through overdrafts on your linked checking Account. Funds transferred into Loan Accounts are credited as payments subject to the applicable Credit Agreement.

Each transfer made from a credit card or line of credit Account, including Gold Line or Business Link Reserve, is treated as an advance from that Account and is subject to the terms of the applicable Credit Agreement. By requesting such a transfer, you are authorizing and directing us to take any action necessary to complete your request for an advance under your Credit Agreement, to charge the Account from which the advance is being made without your physical signature, and to deposit the advance into the Account you designate when you make the transfer. In addition, you agree to pay any fee, such as cash advance fees or over the credit-limit fees that may be associated with the advance as indicated in the applicable Credit agreement.

Transfers made on or scheduled on a date falling on a Banking Business Day will be processed the same day. However, we reserve the right to decline to pay items drawn against insufficient or uncollected funds, or to pay such items but impose an overdraft/returned item fee, if:

1. Your transfer into the Account against which the items are drawn is made after the Cutoff Time on the day the items are presented for payment; and

2. Without the transferred funds, there were not or are not sufficient funds and/or available credit to cover the item(s) presented for payment

Transfers made or scheduled with a date falling on a non- Banking Business Day may not be made available until the next Banking Business Day.

If for any reason a transfer cannot be completed, we will reverse the transfer by re-crediting the amount of the transfer to the originating Account, unless we notify you otherwise.
You can cancel some Single Transfers or Recurring Transfers by using the Basic Online Service to cancel the transfer. In the case of a Recurring Transfer, you can skip the next scheduled transfer or cancel all Recurring Transfers. You must transmit your request to skip or cancel transfers before 7:00 p.m. Pacific Time. If you do not meet that deadline, the Basic Online Service will not process your cancellation instructions.

If you access the Basic Online Service through the Internet and not through Personal Financial Management software, you have the ability to set up Alert Notifications regarding activity on your deposit and credit Accounts but not with respect to your Investment Services Accounts. You are responsible to input accurate information to set up the Alert Notification. Alert Notifications do not replace standard communications you receive from us concerning your Accounts. We are not responsible for any losses, damages or expenses that may occur regarding the failure of an Alert Notification.

11. Online Investing Service.(Only Available to individuals who maintain one or more Investment Services Accounts with BancWest Investment Services).

If you have an Investment Services Account, the Online Investing Service will enable you to view your Investment Services Account balances, typically as of the close of the prior Brokerage Business Day. You may access Online Investment Services via a link in the bankofthewest.com website where you will be required to enroll in the Online Investing platform and accept the applicable terms and conditions and disclosures for the Online Investing service.

The Online Investing platform will provide you with access to investment services as enabled from time to time, including, without limitation the ability to conduct trades, perform research, review transaction history, and make transfers between your Bank and Investment Service Accounts.

Investment, Annuities and Insurance products offered through BancWest Investment Services:


NOT FDIC INSURED

NOT BANK GUARANTEED

MAY LOSE VALUE

NOT A DEPOSIT

NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY

Securities and Variable Annuities are offered through BancWest Investment Services, a registered broker/dealer, Member FINRA/SIPC. Financial Advisors are registered representatives of BancWest Investment Services. Fixed annuities/insurance products are offered through BancWest Insurance Agency in California (License # 0C52321) and through BancWest Insurance Agency in Utah, and through BancWest Investment Services in AZ, CO, IA, ID, KS, MN, MO, ND, NE, NM, NV, OK, OR, SD, WA, WI, WY, HI, GUAM and CNMI."

BancWest Investment Services is a wholly owned subsidiary of Bank of the West and a part of the Wealth Management Group. BancWest Corporation is the holding company for Bank of the West. BancWest Corporation is a wholly owned subsidiary of BNP Paribas.

12. Bill Pay Service (Available to Both Consumer Customers and Business Customers) (Available in Online and Mobile Services; Not available to Investment Services Accounts)
Mobile Service Bill Pay Limitations: You may not add new Billers nor make Expedited Payments through Mobile Service.

PAYMENT SCHEDULING
Except for Expedited Payments, described below, when scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement, provided that if the actual Due Date falls on a non-Banking Business Day , you must select a Scheduled Payment Date that is at least one (1) Banking Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. The earliest possible Scheduled Payment Date (without a fee) for each Biller (typically four (4) or fewer Banking Business Day s from the current date) will be designated within the Bill Pay Service when you are scheduling the payment. The Bill Pay application will not permit you to select a Scheduled Payment Date that is sooner than the earliest possible Scheduled Payment Date designated for each Biller.
Expedited Payments: For a fee, same day payments or overnight check payments ("Same-Day Payments") are available for certain Billers. Those Billers may offer scheduling of payments on non- Banking Business Day s (i.e., weekends and/or holidays). The Bill Pay Service can be used to determine if a Biller supports Same-Day Payments and the earliest possible Scheduled Payment Date and the fee that would apply if a Same-Day Payment is selected. You will be sent a confirmation email when a Same Day Payment has been scheduled

FEES FOR EXPEDITED PAYMENTS
Same-Day Electronic Payment: $10.95
Overnight Check: $17.50

SERVICE GUARANTEE
Due to circumstances beyond the control of the Bill Pay Service, particularly delays in handling and posting payments by Billers or other financial institutions, some transactions may take longer to be credited to your Account. Excluding payments described below under "Exception Payments," the Bill Pay Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as you scheduled the payment in accordance with the guidelines described under "Payment Scheduling" in this Agreement. We will use our best efforts to make all your payments properly.

However, we shall incur no liability and the Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated by you as further detailed in Section 19.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions received through the Bill Pay Service. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with directives received directly from the Biller.

When the Bill Pay Service receives a Payment Instruction, you authorize the Bill Pay Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to your designated Scheduled Payment Date. You also authorize the Bill Pay Service to credit your Payment Account for payments returned to the Bill Pay Service by the United States Postal Service or by the Biller or with payments remitted to you on behalf of another authorized user of the Bill Pay Service.

If the Bill Pay Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Pay Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges up to a maximum of $50.00 (See Service Guarantee).

PAYMENT METHODS; INSUFFICIENT FUNDS; FEES
Payments under the Bill Pay Service are made by our Service Provider. Should there be insufficient funds in the Payment Account, we are not obligated to honor your Payment Instruction.

We reserve the right in our sole and absolute discretion to select the method by which to remit funds on your behalf to your Biller. The payment methods include, but may not be limited to: an electronic payment (funds are transmitted electronically to your designated Biller and debited from your Payment Account on the Scheduled Payment Date); an electronic to check payment (funds will be remitted to your designated Biller by a check drawn on us or on our Service Provider and debited from your Payment Account up to five (5) Banking Business Day s prior to or on the Scheduled Pay Date); or a laser draft payment (funds remitted to the Biller via a paper check drawn on your Payment Account payable to your designated Biller and debited from your Payment Account on presentment to us for payment). Laser draft payments are processed the same as any Paper Check you issue on your Account. Laser draft payments may be presented for payment against your Account for payment BEFORE the Scheduled Payment Date and, accordingly, if presented against insufficient funds, may be paid or dishonored by us and the applicable fees will apply.

When our Service Provider pays a Scheduled Payment, if the payment is an electronic payment or electronic to check payment, on the Scheduled Payment Date (or on the Banking Business Day on which your Account is debited for a Scheduled Payment), should there be insufficient available funds in the Payment Account, we may, at our discretion:
Charge the Scheduled Payment amount to your Payment Account and overdraft your Account in which case your Payment Account will incur any applicable Overdraft Fee(s) and Daily Overdraft Fee(s); Reject the Payment from your Payment Account in which case your Payment Account will be charged for any applicable Returned Item Fee(s) and Daily Overdraft Fee(s).

If our Service Provider makes a Scheduled Payment but is unable to recover funds from your Payment Account to cover the Scheduled Payment, the Service Provider may contact you directly for payment. In addition, you will receive notice of a failed transaction and, upon receipt of notice of a failed transaction, you agree that:

1. You will reimburse the Bill Pay Service immediately upon demand the amount of the failed transaction, plus any applicable Overdraft or Returned Item Fee(s) and Daily Overdraft Fee(s);
2. For any amount of the Scheduled Payment (excluding applicable Overdraft or Returned Item Fee(s) and Daily Overdraft Fee(s)) not reimbursed to the Bill Pay Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse our Service Provider for any fees imposed by the Service Provider as a result of the failed transaction;
4. You will reimburse our Service Provider for any fees it incurs in attempting to collect the amount of the failed transaction; and,
5. The Bill Pay Service is authorized to report the facts concerning the return to any credit reporting agency.

If a Scheduled Payment is made by laser draft and if the Payment Account has insufficient available funds on the date the laser draft is presented for payment, at our discretion, the laser draft will either be paid and your Payment Account will incur any applicable Overdraft Fee(s) and Daily Overdraft Fee(s) or rejected, in which case your Payment Account will be charged for any applicable Returned Item Fee(s) and Daily Overdraft Fee(s).

PAYMENT CANCELLATION REQUESTS
Except for Same-Day Payments, you may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Bill Pay Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment, however, it cannot be cancelled or edited. In this situation, you must submit a stop payment request.

Same-Day Payments cannot be cancelled. Upon submitting a Same-Day Payment, the process is completed and cannot be cancelled or reversed.

STOP PAYMENT REQUESTS
The ability to process a stop payment request will depend on the payment method and whether a check has cleared. The Bill Pay Service also may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact us at Our Telephone Number.

Although we will make every effort to accommodate your request, we will have no liability for failing to do so. The Bill Pay Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the then current charge for such service as listed in the Deposit Agreement.

PROHIBITED PAYMENTS
You may not make payments to Billers located outside of the United States or its territories; nor may you make payments in any currency other than U.S. Dollars through the Bill Pay Service.

EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Bill Pay Service; however such payments are discouraged and are scheduled at your own risk. In no event shall the Bill Pay Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee is void when these types of payments are scheduled and/or processed by the Bill Pay Service. The Bill Pay Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility and not that of the Bill Pay Service.

BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive any of your Billers' statements. In addition, if you elect to activate one of the Bill Pay Services electronic bill options, you also agree to the following:

Information provided to the Biller - The Bill Pay Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes to your personal information will need to be made by your contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames, passwords or other security features for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. You agree that the Bill Pay Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Bill Delivery Service and/or bill information.

Activation - Upon activation of the electronic bill feature, the Bill Pay Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill will vary between different Billers and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, your ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name, password or other security feature information for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Bill Pay Service will use its best efforts to present all of your electronic bills promptly. In addition to notification of receipt of an electronic bill within the Bill Pay Service, we may send an e-mail notification to the e-mail address listed for you in the Online and Mobile Service . It is your sole responsibility to ensure that your e-mail address on record in the Online and Mobile Service. In the event you do not receive notification, it is your responsibility to periodically logon to the Online and Mobile Service and check on the delivery of new electronic bills. The time for notification may vary between different Billers.

You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary between different Billers. It may take up to sixty (60) days, depending on the billing cycle of each Biller to cancel electronic bill presentments through the Bill Pay Service. We will notify your electronic Biller(s) as to the change in status of your Account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold us harmless should the Biller fail to deliver your billing statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

BILLER LIMITATION
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Bill Pay Service will notify you promptly of a decision to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment as defined under this Agreement.

Billers may require return of a payment stub or coupon with a payment and may delay or refuse to process payments through the Bill Pay Service because they will not conform to that requirement. We are not responsible for any delay in or refusal with regard to the processing of your payment by any Billers.

RETURNED PAYMENTS
In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Pay Service for various reasons such as, but not limited to, Billers forwarding address expired; your account number with a Biller is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Bill Pay Service.

CANCELLATION OF BILL PAY SERVICE
Any Bill Pay payment(s) the Bill Pay Service has already processed before the requested cancellation date will be completed. All Scheduled Payments including recurring payments will not be processed once the Bill Pay Service is cancelled.

13. Periodic Statements
Transaction and balance information provided via the Online and Mobile Service will not replace any statements you currently receive from us. Subject to your agreement to accept online statements, you will continue to receive the same periodic Account statements for your Accounts as you are already receiving. Your periodic statements will reflect all your Online and Mobile transactions, each of which will be given a reference number that will appear on your online Account summary and will state the amount of each transaction, the type of transaction, the Account charged or credited and the full or abbreviated name of the payee if a payment is involved.

14. Online Statements
14 A. For Bank Accounts (Requires Enrollment) (Available to Consumer Customers, and Business Customers) (Not Available through Mobile Service)(Not Available to Investment Services Accounts).

A. Online Statements Service. We offer Online Statements for certain of your Accounts, allowing you to replace your paper mailed statement with a PDF electronic version that you can view, save to your computer or print at your convenience.

Your acceptance of the Online Statement service constitutes your request for and agreement to accept electronically, any changes in terms or other legal notices regarding your Accounts or banking or other financial services, and any advertisements or other information which would normally be included in your paper statement. Upon enrollment in the Online Statements service we will send you an e-mail notice each statement cycle advising you that your Online Statement is ready for you to view online.

B. Eligible Accounts for Online Statements. Online Statements are an option that is available to anyone who is enrolled in the Online Service for any checking account, money market account, savings account, certificate of deposit, individual retirement account, Gold Line, individually and jointly called ("Covered Accounts").

C. How to Enroll. To participate in the Online Statements Service, you must enroll each Covered Account in the Online Statements service separately. Once a Covered account is enrolled in Online Statements, no paper statements will be generated and mailed for the Covered Account unless specifically requested. A fee may apply if you elect to continue to receive paper statements by U.S. Mail in addition to Online Statements. Multiple Owners. For any Covered Account with multiple owners any one account owner may enroll the Covered Account in Online statements. In order to view Online Statements, however, the account owner must be enrolled in Online Banking. Combined Statements. If your Covered Accounts are combined into one statement at your or our option, upon enrolling the account that we designate as the Primary Account in the Online Statements service your combined statement will be available in Online Statements.

D. Responsibility for Maintaining Computer Equipment. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment on your computer required in order to view, print and/or save your Online Statement and legal notices.

E. Maintaining a Current Email Address. It is your responsibility to maintain a current and valid email address on record in the Online Service. Unless otherwise prohibited by law, rule or regulation, if your email is rejected as undeliverable for three (3) times, we may discontinue the Online Statement service and return your Covered Account(s) to the paper statement service with Check Safekeeping. You may change your email address by signing into the Online Banking Service, clicking on the "Services" tab. Click on "Change Email Address" link under Personal Information. Enter your new email address and confirm new email address and click on "UPDATE EMAIL ADDRESS."

F. Effective Date of Enrolling of Cancelling Online Statements. Any change to your Online Statement preference (paper or electronic or both paper and electronic) will take effect in the next statement cycle.

G. Termination of Service.
Automatic Termination - . Your Online Statement service will terminate automatically if your Primary Account closes. All remaining Accounts will revert to paper statements. Once terminated, you must re-enroll in Online Statements.
Voluntary Termination - Either you or we may terminate delivery of Online Statements on your Accounts without notice.

You may terminate your Online Statement service by signing into the Online Banking service and clicking on the "Cancel Online Statements" link in the "Online Statements" screen which lists your Accounts; indicate your decision to terminate the Online Statements service and click "Submit." After you review the confirming screen information, click "Done." If you discontinue the Online Statement service, your statement will convert to a paper statement with Check Safekeeping without regard to the statement type you had before instituting the Online Statement service. If you wish a different kind of statement, please contact your local branch or call us at Our Telephone Number.

H. Online Statement Available for up to Seven (7) years. Your Online Statements will remain accessible when you log into Online Banking for a period of seven (7) years.

I. Fee for Additional Paper Statements. Should you request a paper statement be sent to you in addition to receiving an Online Statement, the then-current disclosed fee for a duplicate statement will apply.

14, B. Online Statements for Investment Services Accounts are available (Requires Enrollment).

A. We offer Online Statements for certain of your Investment Services Accounts, allowing you to replace your paper mailed statement with a PDF electronic version that you can view, save to your computer or print at your convenience. Your acceptance of the Online Investment Services Statement service constitutes your request for and agreement to accept electronically, any changes in terms, disclosures or other legal notices regarding your Investment Services Accounts and any advertisements or other information which would normally be included in your paper statement. Upon enrollment in the Online Investment Services Statements service we will send you an e-mail notice each statement cycle advising you that your Online Statement is ready for you to view online.

B. Eligible Accounts for Online Investment Services Statements. Online Statements are an option that is
available to anyone who is enrolled in the Online Investment Service for your Investment Services Accounts.

C. How to Enroll. To participate in the Online Investment Services Statements Service, you must enroll each Investment Service Account in the Online Statements service separately. Once an account is enrolled in Online Statements, no paper statements will be generated and mailed for the Account unless specifically requested. A fee may apply if you elect not to enroll in the Online Statement service and receive paper statements by U.S. Mail.
Multiple Owners. For any Investment Services Account with multiple owners, any one account owner may enroll the Account in Online statements. In order to view Online Statements, however, the account owner must be enrolled in Online Banking.
Combined Statements (If available). If your Covered Accounts are combined into one statement at your or our option, upon enrolling the account that we designate as the Primary Account in the Online Statements service your combined statement will be available in Online Statements.

D. Responsibility for Maintaining Computer Equipment. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment on your computer required in order to view, print and/or save your Online Statement and legal notices.

E. Maintaining a Current Email Address. It is your responsibility to maintain a current and valid email address on record in the Online Service. Unless otherwise prohibited by law, rule or regulation, if your email is rejected as undeliverable for three (3) times, we may discontinue the Online Statement service and return your Account(s) to the paper statement service. You may change your email address by signing into the Online Banking Service, clicking on the "Services" tab. Click on "Change Email Address" link under Personal Information.
Enter your new email address and confirm new email address and click on "UPDATE EMAIL ADDRESS." In the event you maintain a separate email address for your Investment Services account, you must notify BancWest Investment Services of your email address change separately.

F. Effective Date of Enrolling or Cancelling Online Statements. Any change to your Online Statement preference (paper or electronic or both paper and electronic) will take effect in the next statement cycle.

G. Termination of Service Either you or we may terminate delivery of Online Statements on your Accounts without notice. You may terminate your Online Statement service by notifying BancWest Investment Services.
If you wish a different kind of statement, please contact your Account Representative or the BancWest call center.

H. Fee for Additional Paper Statements. Should you request a paper statement be sent to you in addition to receiving an Online Statement, the then-current disclosed fee for a duplicate statement will apply.

Please refer to the Investment Services Terms and Conditions as well as the BancWest Investment Services Fee Schedule for further information.

15. Online Transfer Service - Transfers Outside Bank of the West and Pay other People Money Transfers (Requires Enrollment) (ONLY Available to Consumer Customers; NOT AVAILABLE to Business Customers) (Not Available through Mobile Service) (Investment Services Accounts are not covered by this section but may enroll in Transfer Services through the Investment Link. Please refer to the Investment Services Terms and Conditions for further information.)
Authorization for Electronic Funds Transfers. By requesting and using the Transfer function of our Online Service , you agree to accept the terms and conditions applicable to the Service. Types of Transfers; Cancelling Transfers.

Description of External Transfers. The Transfer Service allows you to (i) transfer funds from your Bank of the West deposit Account to your External bank Account, and/or (ii) transfer funds from your External bank Account into your Bank of the West deposit Account. Your External bank Account must be with a U.S. Financial Institution.
Single or Recurring External Transfers. An External Transfer may be scheduled at a time up to 365 days in advance of the date the transfer is to be made (called a "Single External Transfer"), or may be set up as an automatic recurring transfer to be made at substantially regular intervals (e.g., monthly, quarterly, etc.) in the same amount between the same two Accounts (called a "Recurring External Transfer"). External Transfers can only be set up by accessing our Online Service through our Internet Website and not through personal financial management software.

Cancelling External Transfers. You can cancel any External Transfers by using instructions provided on our Online Service Website. For Recurring External Transfers, you can skip the next scheduled Recurring External Transfer, or cancel all Recurring External Transfers using our Online Service Website. You must transmit your request to skip or cancel a Recurring External Transfer before the Cutoff Time, 7:00 p.m. (Pacific Time), on the Banking Business Day before the day the External Transfer is scheduled to occur. If you do not meet that deadline, we may not have sufficient time to process your cancellation instruction, which means your External Transfer may be processed as you originally scheduled it.
Eligibility for External Transfers. External Transfers can only be made from checking, savings and money market deposit Accounts.
Limitations on External Transfers.

There are both dollar and frequency limitations on External Transfers.

Dollar Limitations
For External Transfers both into and out of your Bank of the West deposit Account, the following dollar limitations apply:
Standard External Transfer (Three (3) Banking Business Days)
Per transaction limit for each External Transfer $2,000
Daily limit on all External Transfers $2,000
Limit on all outstanding External Transfers $2,000
Limit on "monthly*" External Transfers $5,000

*"monthly" means a rolling 30-day period and neither a calendar month nor a statement cycle.

Next Banking Business Day External Transfer
Per transaction limit for each External Transfer $2,000
Daily limit on all External Transfers $2,000
Limit on all outstanding External Transfers $2,000
Limit on "monthly*" External Transfers $5,000

*"monthly" means a rolling 30-day period and neither a calendar month nor a statement cycle.

The Outstanding Limit is equal to your daily limit. This is the maximum dollar amount that can be "in process" at any given time.

When you reach your "Outstanding Limit" you will not be able to schedule additional transfers until the "in process" transfer(s) show a "Complete" status.
Our right to reject External Transfers. We reserve the right to complete or to reject any attempted External Transfer that exceeds or is lower than the applicable limit, at our complete discretion, and, regardless of our decision in that regard, you understand that such attempted or completed External Transfers may subject your Account to an overdraft fee, as stated in the Deposit Agreements.

Frequency Limitations. Your ability to transfer funds from any Bank of the West savings or money market Account is limited by federal law. Preauthorized or automatic transfers or telephonic agreement transfers from a savings or money market Account to another Account or to a third party are limited to six (6) per calendar month or statement cycle, as applicable. See your Deposit Agreement for details. There is no limit on the number of transfers from Bank of the West checking Accounts.

Other limitations. We reserve the right to limit the frequency and dollar amount of transactions from any of your Accounts for security reasons. In addition, it is possible that your External bank Accounts are subject to dollar and frequency limitations that will affect your ability to conduct your requested External Transfers. We will not be liable to you for any External Transfer that cannot be completed in accordance with your instructions due to limitations imposed by other financial institutions.

External Transfer Fee.

Standard (Three (3) Banking Business Day ) Outbound External Transfer Web Fee: $3.00
Next Banking Business Day Outbound External Transfer Web Fee: $10.00

Note: There is no fee for using the "Make a Transfer" function of the Online Service to transfer funds between your own Accounts as described in Basic Online Service above. There is also no fee for External Transfers that transfer funds into your Bank of the West deposit Account from your External Bank Account institutions.

Reliance on Your Instructions. We are not responsible for detecting any errors in a Transfer Instruction requested by you through the Transfer Service. You are responsible for the content of any Transfer Instruction and we may rely upon the information you provide to us when processing the Transfer Instruction. We may rely solely on the account numbers and bank identifying numbers that you provide to us for identifying your External Bank Account(s), any third party account(s), and financial institution(s) holding such accounts, regardless of whether you also provide the name of the account holder or the name of the financial institution. We and other financial institutions processing your funds transfers have no responsibility to identify or investigate any discrepancy between names and account numbers.

Verification of Identity and Account Ownership. When you register for the Transfer Service, you also authorize us to obtain information from any financial institutions holding your External Bank Accounts in order to confirm your access to and/or ownership of the External Bank Accounts. You also authorize us to request information regarding you and your External Bank Accounts from other third party sources to verify your identity, account ownership, help to protect against fraud, confirm your pattern of use or exceptional use, comply with applicable law or otherwise as is reasonably necessary to provide the Online Transfer Service to you. We are under no obligation to you or any other person to verify or confirm your registration information or your ownership of the External Bank Accounts or to confirm that your Bank of the West deposit Account(s) and the External Bank Accounts are held in the same name and/or legal capacity. You agree to provide true, accurate, current and complete information about yourself and your External Bank Accounts and you agree to not misrepresent your identity or your Account information.

The Transfer Service has two methods for you to verify your control and authority to access the External Bank Accounts. You must undertake one of these account verification options in order to use the Transfer Service and the Online Service Website.

These two account verification options are as follows:

Challenge Deposits. By using the Challenge Deposit Verification Service, you authorize us to make up to two micro-deposits (less than $1.00) to the External Bank Account specified by you. You will thereafter verify to us the amounts of each microdeposit made to the External Bank Account.

Online Access To Third Party Accounts. You provide us with your online credentials (such as username and password) in order to access your External Bank Account online, and thereby verify your control and authority to access the External Bank Accounts. If you select this option for verification, you authorize us to access websites and online financial systems of the financial institution holding your External Bank Account, on your behalf, to retrieve information about your accounts. For all purposes hereof, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorney-infact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites (including the website of the financial institution that holds the External Bank Account(s)), servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party financial institutions holding External Bank Account shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

You understand and agree that use of this verification process is not endorsed or sponsored by the financial institutions holding the External Bank Account, and you are not required to provide us with your online credentials in order to use the Transfer Services. You are licensing to us any information, data, passwords, materials or other content (collectively, Content) you provide to us. We may use, modify, display, distribute and create new material using such Content in order to provide the requested
Transfer Services to you. By submitting Content, you automatically agree that we may use the Content for the purposes set out above without any particular time limit and without the payment of any fees.

Suspension and Reinstatement of Transfer Service. In the event that we, at any time, incur a problem with your use of the Transfer Service, including without limitation, the inability to debit any of your External Account(s) or to collect funds with respect to any of your Transfers, as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect Bank of the West and you from potential losses. In the event of such suspension, you may request reinstatement of your Transfer Service by contacting us at Our Telephone Number.

We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Transfer Service. We further reserve the right to lower the applicable Dollar and/or Frequency Limitations at any time.

Cancellation. The Transfer Service remains in effect until it is terminated by either you or by us. You may cancel your Transfer Service at any time by notifying us of your intent to cancel in writing, through our Online Service email, or by calling your branch. The Transfer Service will be cancelled after we have had a reasonable opportunity to act upon your cancellation request. You agree to use the Transfer Service only for bona fide and lawful purposes. We may suspend or terminate your participation in the Transfer Service for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so. Any transfers we have already processed before the cancellation date will be completed. We recommend that you cancel any scheduled transfers prior to notifying us that you are canceling the Transfer Service. You are responsible for any transfers scheduled by you prior to termination that you have not canceled. Termination will not affect your liability or obligations under this Agreement for transfers we have processed on your behalf.

No Obligation to Honor Instructions. We shall have no obligation to honor any instruction, in whole or in part, that (a) is, or that we reasonably believe is used for, any illegal or improper purpose or activity; (b) exceeds the available funds in your Account; (c) we have reason to believe may not be authorized by you; (d) involves funds subject to a hold, dispute or legal process; (e) would violate any law, rule or regulation applicable to us, the Transfer Service, you or any other party that processes or receives the payment; (f) is not in accordance with any other requirement stated in this Agreement, or any other applicable agreement with us, or any of our policies, procedures or practices; or (g) for our protection or yours, we have reasonable cause not to honor. We reserve the right to refuse to honor an instruction or suspend or terminate the Transfer Service, in whole or in part, at any time, with or without cause and without notice, and may immediately do so including, without limitation, if: (i) we have reason to believe that your Account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your password or other security features; or (ii) we believe the Transfer Service is not being used for its intended, bona fide and lawful purposes under this Agreement; (iii) you repeatedly overdraw your Bank of the West deposit Account; (iv) your Bank of the West deposit Account is closed, access to your Account is restricted for any reason, or (v) if you do not use this Transfer Service for more than 90 days. Any transfers we have already processed before the cancellation date will be completed. We recommend that you cancel any scheduled transfers prior to notifying us that you are canceling the Transfer Service. You are responsible for any transfers scheduled by you prior to termination that you have not canceled.

Termination will not affect your liability or obligations under this Agreement for transfers we have processed on your behalf.

Other Important Information. To report any unauthorized transactions, please call us immediately at Our Telephone Number. If you have a problem or question about your account at another financial institution, please contact your other financial institution directly. Please remember that use of your account at another financial institution is subject to that financial institution's rules and regulations governing your account, and we are not liable or responsible for any cost or losses incurred as a result of your External Transfer requests from and/or into such accounts.

Popmoney Service - (Applies only if you have signed up for the Popmoney service. ONLY available for consumer Accounts).

Description.
The Popmoney Service offers:

Standard Delivery Service: The standard delivery service allows you to send funds to third parties for whom or for which you have identifying U.S. bank account information. The funds are directly deposited into the third party's' U.S bank account identified by you. Delivery of Popmoney Transfers by standard delivery is generally three (3) Banking Business Day s. Some limitations apply.

Next Day Delivery Service: The next day delivery service allows you to send funds to third parties for whom or for which you have identifying bank account information using next day transfers. The funds are directly deposited into the third parties bank account identified by you. Delivery of Popmoney Transfers by next day delivery is generally one (1) Banking Business Day .

Some limitations apply.

Popmoney Delivery Service: The Popmoney delivery service allows you to send standard delivery (three (3) Banking Business Day s) funds to third parties for whom or for which you have only an email address or a mobile phone number. Upon your submission of a Popmoney transfer, the Popmoney Service will notify the recipient of the transfer via the email or mobile phone number you provided. Upon receipt of a notice of a Popmoney delivery, the third party must deposit the Popmoney payment either by providing their U.S. bank account information through Online Banking or by registering at Popmoney.com.

Requirements: To be eligible for the Popmoney Transfer Service, you must not have had any insufficient funds on your Bank of the West Account in the preceding sixty (60) calendar days. You must have a valid email address and mobile phone number in order to use the Service. Your mobile phone must be enabled for SMS (text messaging). Standard text messaging rates from your mobile phone provider will apply.

Fees:
Standard Delivery (Three (3) Banking Business Day ) Popmoney Transfers Web Fee: $1.00 each
Next Banking Business Day Delivery Popmoney Transfers Web Fee: $3.00 each

Limitations on Popmoney Transfers.
There are both dollar and frequency limitations on Popmoney Transfers.
Dollar Limitations. For Popmoney Transfers out of your Bank of the West deposit Account, the following dollar limitations apply:
Standard Three (3) Banking Business Day to Bank Account (3rd Party), Mobile Phone or Email Address
Per Transaction Limit $5,000
Daily Limit $5,000
Outstanding Limit $5,000
"Monthly"* Limit $10,000

*"monthly" means a rolling 30-day period and neither a calendar month nor a statement cycle

Next Banking Business Day to Bank Account (3rd Party), Mobile Phone or Email Address
Transaction Limit $2,000
Daily Limit $2,000
Outstanding Limit $2,000
"Monthly"* Limit $5,000

*"monthly" means a rolling 30-day period and neither a calendar month nor a statement cycle

The Outstanding Limit is equal to your Daily Limit. This is the maximum dollar amount that can be "In Process" at any given time. When you reach your "Outstanding Limit" you will not be able to schedule additional transfers until the "In Process" transfer(s) show a "Complete" status.

Our right to reject Popmoney Transfers. We reserve the right to complete or to reject any attempted Popmoney Transfer that exceeds or is lower than the applicable limit, at our complete discretion, and, regardless of our decision in that regard, you understand that such attempted or completed Popmoney Transfers may subject your Account to an overdraft fee, as stated in the Deposit Agreements Frequency Limitations. Your ability to transfer funds from any Bank of the West savings or money market Account is limited by federal law. Preauthorized or automatic transfers or telephonic agreement transfers from a savings or money market Account are limited to six (6) per statement cycle or calendar month, as applicable. See your Deposit Agreement for details. There is no limit on the number of transfers from Bank of the West checking Accounts.

Other limitations. We reserve the right to limit the frequency and dollar amount of transactions from any of your Accounts for security reasons. We will not be liable to you for any Popmoney Transfer that cannot be completed in accordance with your instructions due to limitations imposed by other financial institutions.

Funding of Popmoney Transfers. Subject to any limitations, funds will be debited from your Bank of the West deposit Account to fund any Popmoney Transfers on the "send" date. When you send money, the recipient is not required to accept it. You agree that you will not hold Bank of the West liable for any damages resulting from a recipient's decision not to accept a payment made through the Popmoney service. We will return any unclaimed, refunded or denied payment within 10 days of the date you initiate payment. The number of days is subject to change. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Account.

Further, we are not responsible for any failure of another financial institution to act in a timely manner. As a result, we cannot guarantee the timely delivery of or return of funds. Similarly, if you are using the Popmoney Transfers Service to make a deposit into your Bank of the West account but the deposit is not completed or funds are otherwise not received by us, we may debit any of your other Accounts at Bank of the West for the incomplete deposit.

The Popmoney Transfers Service will be provided using technology that meets industry standards for security, including without limitation challenge questions and identity verification. These procedures are not guaranteed in any way, and we make no representation concerning the accuracy or privacy of any information supplied via email, mobile phone, or other systems using the Popmoney Transfers services.

Without limiting the foregoing, you accept full responsibility for ensuring that the correct and current email address or mobile phone number of the intended recipient are used when requesting the Popmoney Transfers services. You will not be able to retrieve your funds in the case of a dispute with the receiver of Popmoney transfers or if you provide an incorrect email address or mobile phone number. DO NOT USE THE Popmoney TRANSFERS SERVICE IF YOU HAVE ANY DOUBT ABOUT THE RECIPIENT'S EMAIL ADDRESS OR MOBILE PHONE NUMBER SINCE ANY ERROR COULD RESULT IN SENDING FUNDS TO AN UNKNOWN THIRD PARTY.

In all cases, you bear responsibility for External Transfers to or from your Bank of the West Account including those through the Popmoney Transfers services. You agree to comply with all applicable laws.

16. Mobile Services (May require enrollment) (Available to Consumer Customers and Business Customers; Not Available to Investment Services Accounts)
Program:
Bank of the West offers Mobile Services to permit customers’ access to Current Balance and Available Balance Account information (e.g., checking balances and recent transactions) as defined in this Agreement and in the Online Help Menu – Account Overview section over SMS text messaging, via a mobile browser or via a Company authorized downloadable Mobile Service Application (“App”). Important Note: the balances displayed in the Mobile Service may not reflect any limitations. The Online Service also permits customers the option to set up alerts for specified Account activities (e.g., low balance alerts) be directed to a Device.

Eligibility: To be eligible for the Mobile Service, you must enroll in the Online Service via bankofthewest.com. You must accept (a) the Electronic Disclosure Terms and Conditions; and (b) this Agreement.

Enrollment/Registration/Activation. The Mobile Service is offered as a convenience and is a supplemental service to your Online Service via our Website. It is not intended to replace access to the Online Service from your Computer or other methods you use for managing your Accounts and services with us.

To enroll in the Mobile Service, you must have at least one active Account in good standing. If you are an owner of a jointly held Account, each joint owner may enroll separately in the Mobile Service. You must have a Device with which to use the Mobile Service.

You may activate our Mobile Service, either through your Computer at bankofthewest.com or directly from your Device. You may enroll in the Text Service or Alerts by going to our Online Service at bankofthewest.com. You may also call the contact us at Our Telephone Number for assistance with any of these matters.

To register a Device for any of our Mobile Services, you must be the authorized user for the Device registered. You agree to provide us with true, accurate, current and complete information during the enrollment/registration process.

Your Responsibilities:
Your Cancellation of the Mobile Service. You may cancel the Mobile Service at any time from your profile page at bankofthewest.com or by contacting us at Our Telephone Number. You may also stop Alert messages going to your Device via SMS. Just send a text that says STOP to this number: 25978. You will receive a one-time opt-out confirmation text message. After that, you will not receive any further messages.

Mobile Service Suspension or Cancellation by Us: You agree that at any time and without prior notice we may at any time suspend access to your Mobile Service if we suspect fraudulent activity or misuse of the Device or of the Mobile Service functionality. We may cancel your Mobile Service at any time. Description of MobileServices. The Mobile Service features and services may vary depending on the method of used to access the Mobile Service we offer and the method you select. Currently different methods of the Mobile Service are available. While we endeavor to provide you with prompt access to your Accounts and to answer your requests promptly, we cannot guarantee that there will not be any delays/failures in transmissions and we are not liable for any delays/failures in transmissions.

Text Service - The Text Service allows you to access available information regarding your Bank of the West credit card(s) and Accounts via SMS text messaging from your Device.
Mobile Service - Our Mobile Service is an Internet-based platform you access via a URL from your Device's browser or by downloading an App from either the Apple Appstore or Google Play. The Mobile Service allows you to access available information regarding your Accounts and credit card(s) including: Current Balance, Available Balance and transaction history; conduct transfers between your Bank of the West deposit Accounts; with the Bill Pay Service you may make and schedule payments to pre-established Billers; view pending bills; view Scheduled Payments; perform check image capture and deposit to your Bank of the West deposit Accounts (limited to the Mobile Service app for iPhone, iPad and Android Devices). You can also locate Bank of the West ATMs and branches and schedule alerts regarding your Account activity to be sent to your Device.
(See Mobile Service Funds Transfers section below).

Mobile Alerts allows you to receive alert notifications for specific account statuses on your Device.

We may limit the types and number of Accounts eligible for the Mobile Service . Mobile Service may not be supported for all device models or for all carriers at all times. The Bank cannot guarantee the availability of underlying data services provided by your mobile carrier. We are not responsible for carrier data outages or "out of range" issues.
Specific information concerning the methods and Account services currently offered are provided to you at bankofthewest.com at any time prior to or after you sign up for the Mobile Service. Internet access from your Device is required to enroll in some Mobile Services, including the Mobile Web Service.

Description of Text Service Commands.

Listed below are the Text Service commands available for your use. We may change these commands from time to time. The most current list of commands is available at bankofthewest.com.

BAL: Balance inquiries. Returns a list of registered Accounts and their balances

HIST <account nickname>: Returns transaction history. Given a registered account nickname, returns a list of transactions for the Account. Not all pending transactions (e.g. pending debit card transactions, deposit holds, legal holds) are displayed. We may change the length of time that transaction history is available without prior notice. Transaction history in our Online Service does not replace the periodic statements for your Account.

MORE, NEXT: provide additional information. This command returns additional transaction history for the same Account nickname specified in a HIST banking instruction. Must be sent after a HIST request. The command also returns additional location information for the same zip code search specified in an ATM or BRANCH location request. Must be sent after an ATM or BRANCH request.

ATM <zipcode>: ATM location information. Given a zip code this command returns the address of the closest Bank of the West ATM within a fifty mile radius. The result will be returned in a two (2) location increments.

BRANCH <zipcode>: Branch location information. Given a zip code this command returns the address of the closest Bank of the West branch within a fifty mile radius. The result will be returned in a two (2) location increments.

HELP: Support information. Returns a short list of common instructions, support information and how to cancel the service.

STOP: Cancels Alerts. This command stops the user from receiving Account Alerts. It does not unregister the user from the Text Service. You may cancel Alerts at any time by sending a text request with the STOP command from your registered Device. If you have registered more than one Device for the Mobile Service, using the STOP command will cancel Mobile Service only on the Device from which you send the STOP command. In order to unregister completely from the Text Service you will need to login to our Online Service Website and complete the process there or call Our Telephone Number.

Quick Balance Feature.

With the Bank of the West App on your iPhone or Android Device, you can view the most recent Available Balance on certain of your Accounts selected by us at our discretion. The Account nicknames and balances will display on the login screen when you pull down on the Bank of the West logo.

To obtain the Quick Balance feature, you must (1) from the "More" Menu in the App, turn the Quick Balance Feature on; and (2) from the Login Screen Menu, select the "Remember Me" option.

IMPORTANT NOTE: When the Quick Balance feature is active (on), anyone who has access to your Device can view the balances displayed in the Quick Balance feature. You always have the ability to turn off Quick Balance from the More Menu.

Electronic Fund Transfers Provisions.

Permitted Mobile Service Transfers. You may use the Mobile Service to transfer funds between your eligible Bank of the West Accounts ("Internal Transfer") and to send and manage payments using the Bill Pay Service. Currently you may not transfer to or from an account at another financial institution ("External Transfers") or to or from a Bank of the West loan account using the Mobile Service.

To request a transfer, select Transfer funds via the Mobile Web Service and follow the instructions provided on your Device. If you submit your transfer request prior to the Transfer deadline established by the Bank for the Mobile Service transfer service as disclosed in the Mobile Service ("Mobile Transfer Cutoff Time"), you will initiate an Internal Transfer via the Mobile Service. Mobile Transfer Cutoff Time may be different than other transfer cutoff times. Transfer requests after the Mobile Transfer Cutoff Time will be treated as being made on our next Banking Business Day.

You must have sufficient funds available in the selected Account at the time the transfer request is received, including any available overdraft protection. We may process Transfers that exceed your current Balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable overdraft fees immediately and without demand. (See Schedule of Fees and Charges applicable to your Account).

Each Transfer from a savings or money market Account using the Mobile Service is counted as one of the six (6) limited transactions permitted each cycle period, as described in the Deposit Account Agreement; for savings Accounts the cycle period is a calendar month; for money market Accounts, the cycle period is the statement cycle. You may be subject to fees and even discontinuance of your specified type of Account if you exceed the transaction limits of your Account using the Mobile Service.

Please see the Deposit Account Agreement for more information. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.

You agree to verify the successful completion of each transfer in your applicable Account balance and transaction history before withdrawing the transferred funds. You may also call our telephone number to verify if a transfer has been completed.

Mobile Deposit Service (Requires Enrollment) (Available to Approved Consumer Customers and Business Customers Based on Bank's Eligibility Requirements. Not Available to all Customers or Account Types; Not Available to Investment Service Accounts) (Applicable to Accepted Devices)

The Mobile Deposit Service is a remote deposit capture service (sometimes "Mobile Deposit Service") designed to allow you to make deposits to your checking, savings, or money market accounts from your home or other remote locations by scanning eligible checks, called "Eligible Items," and delivering the images of the Eligible Item(s) and associated deposit information to us. Such deposits are not deemed received by us until the imaged items are received by the Bank at our location.

Hardware and Software. In order to use the Mobile Deposit Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. Information about the minimum specifications to support the Mobile Deposit Service is available at bankofthewest.com. We are not responsible for any third party software you may need to use the Mobile Deposit Service. Any such software accepted by you "as is" and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

Eligible Items - Eligible Items means checks as defined by Regulation CC. You agree that you will only use the Mobile Deposit Service to scan and deposit:
Checks or items payable only to you and to no other person or entity (if your Account is a joint account, the checks or items may be payable to any or all account holders and to no other person or entity)

Ineligible Items - You agree that you will not deposit any Ineligible Items through the Mobile Deposit Service. Ineligible Items include:

U. S. Savings Bonds

Cashier's Checks (Cashier's checks are checks issued by a bank and drawn on the bank or on the bank's account)

U.S. Postal Money Orders

Travelers checks

Checks or items with NO Magnetic Ink Character Recognition ("MICR") line.

Checks or items drawn or otherwise issued by you or any other person on any of your accounts or on any account on which you are an authorized signer or joint account holder.

Checks or items containing obvious alterations to any of the fields 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.

Checks or items previously converted to a substitute check, as defined in Regulation CC.

Checks or items drawn on a financial institution located outside the United States.

Checks or items that are remotely created checks, as defined by Regulation CC.

Checks or items not payable in U. S. currency.

Checks that are irregular, e.g., check amount number that differs from the written amount.

Checks or items dated more than six (6) months prior to the date of deposit.

Checks or items prohibited by our current procedures relating to the Mobile Deposit Service as published from time to time at bankofthewest.com or which are otherwise not acceptable for deposit under the terms of your Account Agreement.

Image Quality. The image of an item transmitted to us using the Mobile Deposit Service must be legible. The image quality of the check or item must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Endorsements and Procedures. You agree to restrictively endorse any check or item transmitted through the Mobile Deposit Services as "For deposit only, Bank of the West Account # _________" or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Services as we may establish from time to time.

Receipt of Checks or Items. At our sole discretion and without liability to you, we reserve the right to reject any Check or item transmitted through the Mobile Deposit Service. We are not responsible for any checks or items we do not receive or for the images that are dropped during transmission.

Once the check image is received, it will be reviewed before it is accepted by us for deposit. If upon review of the check image, we determine that the check information is not complete, is otherwise not usable, or does not conform to the Bank's deposit guidelines, we may reject that deposit notwithstanding any confirmation by us of receipt of the deposit. Should this occur, we may adjust any provisional credit given to your Account and will provide you with a notice setting forth the reasons why your deposit could not be processed through the Mobile Deposit Service.

Availability of Funds; Right to Reject. We reserve the right to place a hold on or to reject any item(s) deposited through the Mobile Deposit Service. You agree that items transmitted using the Mobile Deposit Services are not subject to the funds availability requirements of Regulation CC. Funds deposited using the Mobile Deposit Service will be available after we receive payment for the check or item deposited and submitted by us for payment. We may make such funds available sooner based on such factors as the length and extent of your banking relationship with us, transaction and experience information, credit worthiness, and such other factors as we deem relevant in our sole discretion from time to time.
Storage and Disposal of Original Checks and Items; Retention of Copies.

Checks Submitted to Us. With respect to any original check for which a check image has been transmitted to us via the Mobile Deposit Service, you agree to safely store the check in such a manner that others cannot gain access to it until such time as you receive confirmation that your check image has been accepted for processing.

Checks Accepted for Processing. You will receive an electronic confirmation that the check image you transmitted to us via the Mobile Deposit Service has been accepted for processing (or alternatively, an adjustment notice setting forth the reason it could not be processed through the Mobile Deposit Service.)

The Original Check and Retention of Copy. Upon receipt of a confirmation from us that the check image has been accepted for processing, you agree to immediately cancel [destroy the negotiability of] the original check by prominently marking the face of the item as "Electronically Presented" or "VOID" in order to ensure that it cannot be presented for payment a second time. The original check should be retained for a minimum of fourteen business days. We recommend that you securely store all checks deposited through the Mobile Deposit Service until you: (1) are satisfied that the check has been collected, and (2) have reconciled your records to the applicable account statements we provide you. You should securely destroy the original check such as by shredding it, once you no longer need it for tax, recordkeeping or other purposes. We recommend that you keep a copy (photocopy) of all checks deposited through the Mobile Deposit Service.

Delivery of Copy of Check to Us. You agree to provide us with any original checks that are still in your possession (or a sufficient copy) within two (2) Banking Business Days of our request in order to resolve claims or to aid in the clearing and collection process.

Mobile Deposit limits:

The following deposit limits apply to the combined total of deposits you can make to your Bank of the West accounts using the Mobile Deposit Service:

Standard Limit:

0- 90 Days after account opened - $500.00 each business day / $1,000.00 each calendar month

After 90 days of account opening - $2,500 each business day / $5,000 each month

After 180 days of account opening accounts may be eligible for higher mobile deposit limits. Conditions apply. Account must be open a minimum of 180 days and be in good standing. Account may not have any overdrafts within the previous 90 days. Limits are subject to change at any time.

Expanded Mobile Deposit Limit

No daily limit / $10,000 each month.

Customer must maintain an average monthly balance in all commonly owned deposit accounts of $5,000 or greater for the prior three (3) calendar month period and cumulative deposits made within the prior two (2) calendar month period must be $10,000 or greater.

Power Mobile Deposit Limit

No daily limit / $15,000 each month.

Customer must maintain an average monthly balance in all commonly owned deposit accounts of $10,000 or greater for the prior three (3) calendar month period and cumulative deposits made within the prior two (2) calendar month period must be $25,000 or greater.

Presentment of Checks and Items to Drawee Bank. The manner in which the checks or items are cleared, presented for payment, and collected shall be in our sole discretion and is subject to the Deposit Account Disclosure governing your Account.

17. Online Guarantee (Not applicable to Mobile Service ; Business Accounts or Business Customers) (ONLY available to Personal Accounts and Consumer Customers; Not Applicable to Investment Services Accounts)

You will have $0 liability for covered fraudulent or unauthorized transactions which occur on your Account during an Online Service session at bankofthewest.com if you meet certain qualifications:

a. You must review your Account statements and records and report to us at the phone number and address listed in Section 2 as Our Telephone Number and Our Address, any unauthorized activity within sixty (60) calendar days after the statement on which the unauthorized or fraudulent transaction (including any unauthorized Bill Payment) first appeared was made available to you.
b. You must have exercised care in creating and protecting your security credentials, including your user name and password.
c. Your Account must be open, in good standing and not overdrawn at the time the fraudulent or unauthorized transaction is posted to your Account.
d. The unauthorized activity must not have occurred through your negligence, such negligence includes, without limitation, your leaving your computer unattended during an Online Service session and/or failing to logout after you are finished with your Online Service session.
e. You must not have provided your personal information, such as Social Security Number, user name or passwords to any third party.
f. You must protect your personal computer with commercially reasonable and up to date anti-spyware, anti-virus, and firewall protection software.
g. The $0 liability does not apply to our Mobile Service or to offline transactions, online transactions conducted outside of bankofthewest.com or to business or other non-personal accounts or if you knowingly share your security credentials, such as user name and password, with another person. Note: If you share your security credentials with another person, we will consider any direct or indirect transaction initiated online by that person to be an authorized transaction.

If these requirements are not met, your liability for unauthorized electronic transfers will be calculated in accordance with the provisions of Section 18 of this Agreement.

18. Reporting Unauthorized Transactions on your Bank of the West Accounts - Your Liability for Unauthorized Transactions (Not Applicable to Investment Services Accounts. Refer to the Investment Services Terms and Conditions for further information regarding liability for Investment Services Accounts)

Tell us AT ONCE if you believe that your user name or password has been lost, compromised or may have been discovered by a third party, your Device has been lost or stolen, someone has transferred or may transfer money from your Account without your permission, or any of your Accounts have been improperly accessed. Calling us immediately, at Our Telephone Number, is the best way to keep your possible losses down. Or, you may write to us at Our Address shown in section 2. Consumer Customers.

You could lose all the money in your Accounts (plus the credit available under your Gold Line line of credit). If you tell us within two (2) Banking Business Day s after you learn of the loss, compromise or discovery by a third party of your user name or password or of the discovery of unauthorized use, you can lose no more than $50 if someone used your user name and password without your permission.

If you do NOT tell us within two (2) Banking Business Day s after you learn of the loss, compromise or discovery of your user name or password by a third party and we can prove we could have stopped someone from using your user name and password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement on which the problem or error appeared was mailed or otherwise made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

The rights and the liability limitations under this section 18 and the following section 19 apply to consumers making electronic funds transfers, and do not apply to you if you are a Business Customer or for consumer Credit Card Transactions. For your liability for unauthorized use on a Credit Card Account and how to notify us in case of a billing error refer to your Credit Card agreement of the reverse side of your periodic statement.

Notice to Non-Consumers Customers and Business Customers: You assume the entire risk for fraudulent, unauthorized or otherwise improper use of the Online and Mobile Service, security credentials, including without limitation, user names or passwords, to the fullest extent permitted by law.

19. Bank of the West's Liability If We Fail to Make a Transfer or Payment (Not Applicable to Investment Services Accounts. Refer to the Investment Services Terms and Conditions for further information regarding liability for Investment Services Accounts). If we do not complete an Online Transfer, an External Transfer, or an Online Bill Payment (collectively in this section 19. and the next section 20), (a "Transfer" unless otherwise stated) to or from your Deposit Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

If, through no fault of ours, you do not have enough money in your Deposit Account (and, if linked to a Gold Line or Business Link Reserve line of credit, not enough available credit) or there is not available credit on your Credit Account to make the Transfer.

If any portion of the system used to access or use the Online and Mobile Banking Service was not working properly and you knew about the breakdown when you started the Transfer.

If circumstances beyond our control (such as strikes, riots, fire, flood, hurricane, power failure, equipment failure, government action, computer viruses, computer hackers, etc.) prevent the Transfer, despite reasonable precautions we have taken.

If you violate any law or regulation in connection with your use of the Online and Mobile Banking Service, including without limitation the sanctions laws administered by the U.S. Office of Foreign Assets Control.

If you did not properly follow the terms of this Agreement and/or online instructions about how to make the Transfer.

If you did not give us complete, correct and current instructions regarding the Transfer.

If you did not authorize a payment soon enough for the payment to be made, transmitted, received and credited by the payee on or before the due date.

If we made a timely payment but the payee did not promptly or properly credit your payment after receipt.

If your Computer, Device or associated telecommunications service malfunctioned for any reason.

If the Transfer could not be completed because your Online and Mobile Banking Service had been suspended or was otherwise not available.

If you or we terminate this Agreement before a Payment is scheduled to occur.

There may be other exceptions stated in our Agreement with you. In any case, we will not be responsible for any errors or failures due to any malfunction of your Computer, Device or for any unsuitability or incompatibility of your Computer or Device that may be associated with the use of an online service, regardless of the cause of the error or failure.

20. Consumer Customers: In Case of Errors or Questions About Electronic Transfers on Your Bank of the West Accounts (Not Applicable to Investment Services Accounts. Refer to the Investment Services Terms and Conditions for further information regarding errors or questions about your electronic transfers to or from Investment Services Accounts))
Call or write to Our Telephone Number and Our Address as shown in section 2 as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. When reporting an error or requesting more information:

a. Tell us your name and Account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Banking Business Days.

We will tell you the results of our investigation within ten (10) Banking Business Days (twenty (20) Banking Business Days for investigations on new Accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for transactions on new Accounts, Point of Sale or foreign-initiated transactions) to investigate your complaint or question. If we decide to do this, we will re-credit your Account within ten (10) Banking Business Days (twenty (20) Banking Business Days for new Accounts) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Banking Business Day s (twenty (20) Banking Business Days for new Accounts), we may not re-credit your Account.

We will tell you the results within three (3) Banking Business Days after completing our investigation.

If we decide that there was no error, we will send you a written explanation within three (3) Banking Business Day s after we finish our investigation. You may ask for copies of documents that we used in our investigation.

This section entitled "In Case of Errors or Questions About Your Electronic Transfers" does not apply if you are a non-Consumer, a Consumer who is ineligible for protection under Federal Regulation E or a Business Customer. Those individuals and Businesses must notify us immediately if they discover any unauthorized transactions, errors, or lost/stolen Devices. If you are a Non-Consumer, a Consumer who is not eligible for protection under Federal Regulation E or Business customer, you acknowledge that your ability to require Company to correct such errors is governed by the Deposit Account Agreement. You assume the entire risk for fraudulent, unauthorized or otherwise improper use of the Online and Mobile Service, including user names and/or passwords to the fullest extent permitted by law and/or the Deposit Agreement.

Electronic Fund Transfer Provisions for Non-Consumer, Consumers who are not Eligible for Protection under Federal Regulation E or Business Customers.

The above error resolution and liability provisions and any included with periodic statements for consumer Accounts that you may receive do not apply to non-Consumers, Consumers who are not ineligible for protection under Federal Regulation E, Investment Services Accounts or Business Accounts. Those individuals and Businesses must notify us immediately if they discover any unauthorized transactions, errors, or lost Devices. If you are a Non-Consumer, a Consumer who is not Eligible for Protection under Federal Regulation E or Business customer, you acknowledge that your ability to require the Bank to correct such errors is governed by the Deposit Account Agreement. You assume the entire risk for fraudulent, unauthorized or otherwise improper use of the Online Service, including the Mobile Service, security credentials, user names or passwords to the fullest extent permitted by law or the Deposit Agreement .

21. Emails and Voicemails
Sending Us Email (Applicable Only to Bank of the West; Not applicable to Investment Services Accounts)
We may act upon and rely upon any email you send to us through the Online Service . We will not monitor our e-mail system continuously. Consequently, your e-mail message may not be read for several hours or until the following Banking Business Day. Therefore, you should not rely on e-mail if you need our immediate attention. For example, if you need to stop payment on a Paper Check, to report a lost ATM card, to report a compromise of your security credentials, including user name or password, or to report an unauthorized transaction from one of your Accounts, you should call us to ensure prompt action on your request.

In such cases, call us at Our Telephone Number shown in section 2. We will not take action based on your e-mail requests until we actually receive and read your message and have a reasonable opportunity to act on it, which may not occur until the Banking Business Day after you send it.

Sending Emails regarding your Investment Services Account BancWest Investment Services does not accept email instructions to place orders or facilitate transactions. Such transactions must be entered via the Online Investing Platform or phoned into an Account Representative or Call Center Representative.

Leaving Voice Messages regarding your Investment Services Account BancWest Investment Services does not accept voicemail instructions to place orders or facilitate transactions. Such transactions must be entered via the Online Investing Platform or phoned into an Account Representative or Call Center Representative.

22. Hours of Operation - Account Updates - Cutoff Times - Scheduled Maintenance and Unscheduled Unavailability Online and Mobile Service will generally be available to you 24 hours per day, every day of the year except during periods of scheduled or unscheduled maintenance.
All Bill Payments that you complete and transmit will generally be processed shortly after the Cutoff Time on every Banking Business Day , although we cannot assure that this will not occasionally be later. Transactions transmitted at or after the actual Cutoff Time or on a day other than a Banking Business Day will be processed at the Cutoff Time on the following Banking Business Day.

Generally, routine service maintenance of our Online and Mobile Service will occur between 12:00 a.m. and 5:00 a.m. Pacific Time Sundays, during which time the Online and Mobile Service may not be available. The Online and Mobile Service may also be unavailable as a result of unforeseeable events, such as earthquakes, fires, floods, computer failures or interruptions in power or telephone service or strikes. While we and our Service Providers are dedicated to provide you with reliable the Online and Mobile Service, we cannot and do not assume responsibility for losses, damages or expenses that may occur because the Online and Mobile Service is unavailable at any given time, even if that unavailability is unscheduled, except as otherwise provided under section 19.

23. Fees (Not applicable to Investment Services Accounts. Refer to the Investment Services Terms and Conditions and Fee Schedule for Investment Service Account Fees)
If you enrolled in the Online and Mobile Bill Pay Service for personal financial management software, you will be charged a monthly fee in accordance with the table, below, whether the Online and Mobile Bill Pay Service is used during the month unless, prior to the first day of the month, you have canceled your enrollment. (If joint Account holders enroll separately in the Online and Mobile Banking Bill Pay Service, each will be considered as a separate Online and Mobile Bill Pay Service user and each will be assessed the applicable monthly fee.) Monthly fees, if any, will be deducted from your designated checking Account typically on or about the 20th of each month. Should your checking Account be overdrawn or have insufficient funds to cover a monthly fee, at our sole option we may still charge your checking Account for the fee and an overdraft fee, or we may deduct the fee from any other deposit Account held by you.

Any applicable fees will be charged regardless of whether the applicable Online and Mobile Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Online and Mobile Service to deduct the calculated amount from your designated Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit Accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone, mobile Device and/or Internet service provider.

Consumers Online and Mobile Service accessed through the Internet or Financial Software: No Charge
Online Bill Pay: No Charge
Business Online Banking: No Charge
Online Bill Pay: No Charge
Financial Software Access: $14.95 per month effective December 5, 2011 (If you are part of a promotion where this fee was waived or you are not enabled for Bill Pay, your fee remains unchanged.)

Fees for using the Online and Mobile Service are in addition to the standard charges for your Accounts that apply without regard to Online and Mobile Service. Those fees and charges have been separately disclosed to you in your Deposit Agreements, Credit Agreements, and BancWest Investment Services terms and conditions Agreements.

You are responsible to pay any other charges you may incur in connection with your use of the Online and Mobile Service, such as long distance charges; or Internet Service Provider fees.

Fees for Mobile Service. We make our Mobile Service available for no charge. Wireless carriers may charge fees for text transmissions or data usage for which you are responsible.
Fee for Remote Deposit Capture Service - We make Remote Deposit Capture available for no charge. Wireless carriers may charge fees for text transmissions or data usage.
External Transfer Fee. There is no fee for using the "Make a Transfer" function of the Bank of the West Online and Mobile Service to transfer funds between your own Accounts at Bank of the West. There is also no Bank of the West fee for External Transfers that transfer funds into your Bank of the West deposit Account from other financial institutions. Your other financial institution may assess a fee which is your responsibility.

Standard (Three (3) Banking Business Day ) Outbound External Transfer Web Fee: $3.00
Next Banking Business Day Outbound External Transfer Web Fee: $10.00
POPmoney Transfers.
Standard (Three (3) Banking Business Day) Popmoney Transfers Web Fee: $1.00 each
Next Banking Business Day Popmoney Transfers Web Fee: $3.00 each

24. Your Privacy. Except as otherwise expressly agreed, the current Privacy Policy applies only to Consumers. Information is collected and disclosed in accordance with the applicable Privacy Policy. You can review Bank of the West's complete Privacy Policy on Our Website or by clicking on the links on our Home Page and sign in screen. You can review BancWest Investment Service's Privacy Policy available through your relationship officer or through the link available through bankofthewest.com Online Investment Services. You should read the applicable Privacy Policy before you formally enroll in the Online and Mobile Banking service.

We will disclose information to third parties (including payees and our Service Providers) about your Account(s) and the transfers you make as is permitted by our Privacy Policy and the law including, without limitation:

When it is necessary or helpful to enable you to use the Online and Mobile Service, such as transferring or paying funds, obtaining Account information or performing any other functions described in this Agreement.

To resolve questions or problems regarding your use of the Online and Mobile Service.
To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant.
To comply with government agency or court orders.
To our affiliates.

If you give us your written permission.

Note: A joint Account holder is not a third party and the Bank shares information on an Account with any joint Account holder.

25. Information Authorization
Your enrollment in the Online and Mobile Service may not be fulfilled if the Online and Mobile Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Online and Mobile Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Online and Mobile Service, you agree that we reserve the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your Account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

26. Bank Account Address or Banking Changes; Notices
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within our Online and Mobile Service Website or by contacting us at Our Telephone Number. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the applications Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. Bank of the West is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

We will notify you of any changes, fees, or other information about our Online and Mobile Service, if required by law, via your Device and/or through the Online and Mobile Service. Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address which we have on file for you.
Investment Services Account Address and other Changes; Notices

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes to Investment Services Accounts must be made by notifying your BancWest Investment Services Account Representative or the BancWest Investment Services Call Center.

27. Disputes regarding Banking Accounts
In the event of a dispute regarding the Online and Mobile Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank and that this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what an employee or agent of the Bank or one of our Service Providers says and the terms of this Agreement, the terms of this Agreement will prevail.

Investment Services Accounts have special dispute resolution terms and conditions which are detailed in the Investment Services Terms and Conditions. Refer to the Investment Services Terms and Conditions.

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

29. No Waiver
We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

30. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

31. Limited Liability for Use of Online and Mobile Service/Exclusions of Warranties
THE ONLINE AND MOBILE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE ONLINE AND MOBILE SERVICEOR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE. WE MAKE NO WARRANTIES REGARDING THIRD-PARTY ADVERTISEMENTS OR WEBSITES MADE AVAILABLE THROUGH THE ONLINE AND MOBILE SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRDPARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE ONLINE AND MOBILE SERVICE (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE ONLINE AND MOBILE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so, where applicable, the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
IN NO EVENT WILL COMPANY, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINE AND MOBILE SERVICE. THE AGGREGATE LIABILITY OF THE COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

32. Entire Agreement
This Agreement, as it may be added to, deleted from or otherwise amended from time to time, together with the Deposit Account Disclosures any other disclosures or documents provided to you about the Online and Mobile Services and Accounts, and any BancWest Investment Services New Account Agreement and related Online Investment Services Terms and Conditions Agreements, contain the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to the Online and Mobile Service.

33. Amendment of this Agreement-Notices-Conflicts-Governing Law
We may change this Agreement by modifying any or all of its terms, or by adding new terms or removing some of its terms. For example, changes may include increases or decreases in the monthly fees payable under this Agreement, or the addition of new fees for other services offered under this Agreement. Unless we believe that immediate implementation of the change is necessary to protect the security or integrity of the Online and Mobile Services system, we will give you notification as required by law of any change.

Any use of Online and Mobile any Online and Mobile Service after the effective date of a notification of a change to the Online and Mobile Service will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Online and Mobile Service's more recent revisions and updates. In addition, as part of the Online and Mobile Service, you agree to receive all legally required notifications by electronic means.

All notices we furnish to you may be sent by mail addressed to the last address shown in our records for you or presented to you by email to your email of record in the Online and Mobile Service or to your Online and Mobile Service message box or upon login to the Online and Mobile Service within the time frames required by the effective date of the notice and as required by state or federal law. Our notices will be deemed to have been given when deposited with the U.S. Postal Service or when made available to your email address or the Online and Mobile Service message box or when first provided upon login unless we indicate within the notice a later effective date.

Except where this Agreement expressly provides for notice to another address or to notice by telephone, all notices you furnish to us shall be sent by mail addressed to us at the address listed in section 2 or by e-mail through the Online and Mobile Service system. Notice from any of you will be effective for everyone with power to give us a notice with regard to the affected Account.

Your notices to us will be effective when we have had an opportunity to act upon the notice after it is received by us except as to situations in which this Agreement provides or contemplates an earlier effectiveness. For purposes of our receipt of notices, email messages will be deemed received when we read them or at 12 p.m. on the Banking Business Day following their receipt by our e-mail system, whichever is earlier.

If there is a conflict between the Deposit Agreements, the Credit Agreements, the BancWest Investment Services terms and conditions Agreements and this Agreement with respect to the Online and Mobile Service, this Agreement shall control.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, the applicable state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

California law and applicable U.S. federal law and regulations govern this Agreement, even if the laws of another jurisdiction govern your Deposit Agreements, Credit Agreements and/or I BancWest Investment Services terms and conditions Agreements, as applicable. You agree that any legal action that may be filed by you elsewhere will be transferred to the appropriate court in California, if we decide we want it to be transferred.

34. Suspension and/or Termination of Service
We reserve the right to suspend or terminate your use of the Online and Mobile Service or any Service or feature available through the Online and Mobile Service without prior notice to you. If your use is suspended or terminated, previously scheduled Transfers may be cancelled or suspended.

If your Online and Mobile Service is inactive for more than 90 days (meaning you have not logged-in to the Online and Mobile Service for more than ninety (90) days) we reserve the right to terminate your service without notice. If any of your online Accounts have "recurring transfers" scheduled, we will not terminate your Account until such transfers are completed.

If either you or we close the Payment Account while there are any payments pending, this may cancel all payments scheduled to be made from that Account but will not terminate this Agreement as to other Accounts. We reserve the right to assign any open checking Account in your name as the new Payment Account.

All other provisions of this Agreement shall remain in full force even if one or more provisions of this Agreement are held invalid, illegal, void or unenforceable by any rule or law, administrative order or judicial decision. You agree that this Agreement as made available by us online is controlling, and changes that you might attempt to make to it by modifying it after downloading it onto your Computer will not be effective for any purpose.

The Online and Mobile Service or any feature or service under the Online and Mobile Service may terminate or be suspended at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. All applicable provisions of this Agreement shall survive termination.

35. Our Communications with You
You agree that we, any of our affiliates, agents and service providers may monitor and record telephone calls regarding your Service to assure the quality of our service or for other reasons. You expressly consent that we, any of our affiliates, agents and service providers may use written, electronic or verbal means to contact you. Your consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, e-mails and/or automatic telephone dialing systems. You agree that we, any of our affiliates, agents and service providers may contact you by using any e-mail or any telephone number you provide, including a telephone number for a cellular phone or other wireless device, regardless of whether you incur any charges as a result.

IMPORTANT NOTICE
THE TERMS AND CONDITIONS IN THIS AGREEMENT PROVIDE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE ONLINE AND MOBILE SERVICE
(BOTWOLB011172013)