Retail Disclaimer

DIGITAL BANKING SERVICE AGREEMENT

This Digital Banking Service Agreement ("Agreement") is a contract, which establishes the rules, which cover your electronic access to your accounts at LEADER BANK, N.A. ("Leader") through the Digital Banking System ("Digital Banking"). By using Digital Banking, you accept all the terms and conditions of this Agreement. Please read them carefully.

The terms and conditions of the deposit agreements and disclosures for each of your Leader accounts, as well as your other agreements with Leader such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement.

This Agreement is binding upon your heirs and Leader's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, together with the Leader's Fee Schedule, constitutes the entire agreement between you and Leader with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words "we", "our", "us" and "Leader" mean LEADER BANK, N.A. "You" and "your" refer to the owners and/or signers of any Leader account registered with Digital Banking and authorized by Leader to use Digital Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Digital Banking. "Account" or "accounts" means your accounts at Leader. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Leader accounts using Digital Banking including bill payments. "Point of sale" or "POS" means a system of terminals that debits or charges a customer's account and credits or pays a merchant's account to effect payment for purchases at retail establishments. " Service(s)" means the service(s) provided pursuant to this Agreement, including the bill payment service (the "Bill Payment Service"), "Business days" means Monday through Friday. Banking holidays are not included. 

Access - To use Digital Banking, you must have at least one deposit account or loan account at the Leader, access to digital services, and an e-mail address. Digital Banking can be used to access only the Leader accounts that you have designated for access by Digital Banking. You can add or delete any of your Leader accounts from this Agreement by contacting the Leader. Access to your accounts through Digital Banking will be based upon the identification of users and authority levels specified by you. We undertake no obligation to monitor transactions through Digital Banking to determine that they are made on behalf of the accountholder.

Electronic Funds Transfer Act - Some of the terms set forth below are governed by the Electronic Fund Transfer Act ("EFT Act"), which is only applicable to consumers. Commercial account holders are not entitled to the rights provided under the EFT Act.

Digital Banking Services - You can use Digital Banking to check the balance of your Leader accounts, view Leader account histories, transfer funds between your Leader accounts, transfer funds to other client's Leader accounts, initiate external transfer, order checks, and make stop payment requests. In addition, you may be able to use Digital Banking to pay bills from your Leader accounts in the amounts and on the dates that you request if you have requested and separately enrolled in Leader Online Bill Pay Service. Balance and activity information is available as of the previous Business day.

Hours of Access - You can use Digital Banking seven (7) days a week, twenty-four (24) hours a day, although some or all Digital Banking Services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Digital Banking web site.

Your Password - For security purposes, you are required to change your password upon your initial login to Digital Banking. You determine what password you will use, and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon five (5) unsuccessful attempts to use your password, your access to Digital Banking will be revoked. To re-establish your authorization to
use Digital Banking, you must contact us to have your password reset or to obtain a new temporary password. We require that you create a password that utilizes both upper- and lower-case alpha, numeric characters, and special characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. You will be required to update your password at least once every two years, and you may be required to change your password more frequently in our sole discretion.

Security - You understand the importance of your role in preventing misuse of your accounts through Digital Banking, and you agree to promptly examine your monthly or periodic statement for each of your Leader accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information alone, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Digital Banking is encrypted to provide transmission security and Digital Banking utilizes identification technology to verify that the sender and receiver of Digital Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Digital Banking is secure, you acknowledge that the Online is inherently insecure and that all data transfers, including electronic mail, occur openly on the Online and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Digital Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges - You agree to pay the fees and charges for your use of Digital Banking Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Leader checking account designated as the "Primary Checking Account." If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Online service fees you incur in connection with your use of Digital Banking.

Balance Reporting - Leader shall provide you, subject to the terms and conditions contained in the Agreement, with the service(s) that you requested as specified on the Enrollment Form, which is made a part of this Agreement. Leader shall provide prior day and memo post balance and transaction information on your Leader account(s). Leader shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the Digital Banking by other reporting banks.

Transfers - You agree that given the size, type, and frequency of transfers which you intend to make, the following procedures are commercially reasonable. You agree that Leader may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any transfer requested in its name and which complies with such procedures, whether authorized or not. 

The procedures are as follows:
 

a. You are responsible for the input and verification of all information onto the Digital Banking. Leader shall have no responsibility to determine the accuracy of such information. Should there be any conflict between account number and account name, the account number shall prevail. Leader shall be entitled to rely upon any book transfer request reasonably believed by Leader to have been input by you or your authorized users.
 

b. Leader cut-off time for external transfer requests is 5:00 p.m. Eastern Time and for internal transfer requests is  7:00pm Eastern Time each Business day, after which time such requests may be processed the next Business day.
 

c. Leader may, in its sole discretion, reject any transfer request if there are insufficient balances available in your authorized account(s) or the transfer request (1) is not authenticated to Leader's satisfaction or which Leader, in good faith, believes may not be authorized by you; (2) contains incorrect, incomplete or ambiguous information; or (3) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. Leader shall incur no liability for any loss to you or to any third person occasioned by Leader's refusal to make such transfer.
d. Leader shall not be responsible for any loss or liability arising from: Your negligence or breach of this Agreement; any ambiguity or inaccuracy in any book transfer request or in the information set forth in this Agreement given to Leader by you; or from any error, failure or delay in the execution of a book transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond the Leader's reasonable control.
 

e. Types of Transfers:

• Obtain information about checking, savings or money market accounts;
• Obtain information about mortgage loans, home equity lines of credit or personal loans;
• Transfer funds to, from and between your checking, savings or money market accounts
  (excluding passbook saving accounts);
• Transfer funds to a Leader account owned by a different client;
• Make payments from a checking, savings or money market account to a mortgage loan, home
  equity line of credit or personal loan;
• Make advances from a home equity line of credit account to a savings, checking or money
  market account;
• Transfer funds to a third-party bank using External Transfer or Zelle??; and
• Make bill payments to third parties.

f. LIMITATIONS - With a Savings account and Money Market account you may make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including date transmission) agreement, order or instruction. These transfers may be made by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires.

Posting of Transfers - External transfers initiated through Digital banking before 5:00 pm Eastern and internal transfers initiated through Digital Banking before 7:00 p.m. Eastern on a Business day (defined as Monday through Friday, banking holidays not included) are posted to your account the same day. Transfers completed after these cutoff times on a Business day, or on a Saturday, Sunday or banking holiday, may be posted on the next Business day. Digital Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate
with any other persons with authorized access to your accounts concerning any transfers or Bill Payment Services from your accounts in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given Business day, then:

a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have
priority;

b. Electronic fund transfers initiated through Digital Banking which would result in an overdraft of your account may, at our discretion, be canceled;

c. In the event the electronic fund transfers initiated through Digital Banking, which would result in an overdraft of your account, are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Leader Online Bill Pay Service - You will be required to designate the Leader account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the Payee to receive the payment which is also usually the date your account will be debited if the payment is made electronically. If the payment is made by check, funds will be debited form your account when the Payee deposits the check and Digital Banking clears the check through the banking system. If the date you want the Payee to receive your payment is not a
Business day, the date will be bumped to the previous Business day. By using the Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.

Scheduling Digital Banking Payments - When you make a payment, you specify the date that you want the payee to receive the payment. The earliest available payment date is four business days from today. Leader Online Bill Pay determines whether a payment is sent electronically or by check, based on whether the payee accepts electronic payments and other guidelines. Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments, you must select a Scheduled Payment Date that is no later
than the actual Due Date reflected on your Payee statement unless the Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

How to Cancel a Bill Payment - You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Schedule Payment. Once the service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

Stop-Payment Requests - Digital Banking allows you to: (1) place a stop payment order request of up to six (6) months in duration; (2) cancel an existing stop payment order by calling the Leader; or (3) determine the paid status of a check. Any stop payment placed on the Digital Banking shall automatically expire, unless renewed by you, at the end of 180 days from date of the placement of the stop payment order by you.

a. You agree to indemnify Leader against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by Leader because of refusing payment pursuant to your stop payment order. You agree not to hold Leader liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. You agree that any stop payment placed on any check issued on your accounts may be relied upon by Leader to have been placed by an agent of you duly authorized to place the stop payment, and Leader shall have no
duty or obligation to verify either the authenticity of the stop payment order request or the authority of the person placing it.

b. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop a Digital Banking bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the
payment, and the ID number from the Bill Payment View Posting Screen.

c. You may initiate stop-payment requests, via Digital Banking only for paper checks you have written (non-electronically) on your Leader accounts (not Digital Banking bill payer paper drafts.) Stop payment requests are processed on the Business day, up to 5 P.M. the date the stop payment has been requested. To be effective, this type of stop-payment request must precisely identify the account number, name of the payee, the check number, the amount, the date of the check, and the reason for stop payment. Leader shall have no responsibility to determine the accuracy of such
information. Leader shall provide you notice of the actual stop payment of a check by making such information accessible to you via the Digital Banking. 

d. If you make your stop-payment request by telephone, we may also require you to put your request in the form of a paper writing and get it to us within fourteen (14) days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for Digital Banking bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.

e. PREAUTHORIZED ELECTRONIC FUND TRANSFERS - Right to Stop Payment and procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at (781) 641-8686 or (855) 294-4488, or write us at 180 Massachusetts Avenue, Arlington, MA 02474, in time for us to receive your request three (3) Business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you $20.00 for each stop payment order you give.

f. Notice of varying amounts: If these regular payments may vary in amounts, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

g. Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three (3) Business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Confidentiality and Privacy - Your use of Digital Banking and any Leader Account associated with Digital Banking is governed by the existing Privacy Policy for your accounts, as found here: https://leaderbank.com/privacy-security. As set out in this notice, we may disclose information to third parties about your account or the transfers you make: 

• Where it is necessary for completing transfers; 
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or 
• To comply with government agency or court orders, or 
• If you give us your written permission. 

Leader Bank may use Plaid Inc. ("Plaid") to gather your data from financial institutions as part of some or all of your Digital Banking Services, including validating account information at third party institutions for purposes of setting up external transfers. Your use of Plaid for these services is voluntary. However, by using Plaid through these services, you grant Leader and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with Plaid's end user privacy policy as found at https://plaid.com/legal/#end-user-privacy-policy (https://plaid.com/legal/#end-user-privacy-policy). Further, Leader Bank may provide data received from Plaid about you to our online banking vendors, data security vendors, and fraud monitoring vendors to render services under this Agreement. If you wish to revoke your consent to our use of data that we receive from Plaid, please contact us at clientservices@leaderbank.com or (855) 294 4488.

Periodic Statements - You will not receive a separate Digital Banking statement. Transfers to and from your accounts using Digital Banking will appear on the respective periodic statements for your Leader accounts.

Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any Digital Banking Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least thirty (30) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Digital Banking web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of any or all of the subject Digital Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Telephone us at (781) 641-8686 or (855) 294-4488, or write us at 180 Massachusetts Avenue, Arlington, MA 02474 as soon as you can if you think your paper 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 the FIRST paper statement on which the problem or error appeared. Please review your Electronic Fund Transfers Disclosure for additional information.

When you contact us:
a. Tell us your name and account number (if any).
b. Describe the error or 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.
d. If the suspected error relates to a bill payment made via the Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)

If you contact us orally or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within ten (10) Business days. We will determine whether an error occurred within ten (10) Business days 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 to investigate your complaint or question.

If we decide to do this, we will credit your account within ten (10) Business days 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 in the form of a paper writing within ten (10) Business days, we may not credit your account.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) Business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment made via the Bill Payment Service, on time or in the correct amount, according to this Agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
5. If you, or anyone authorized by you, commits any fraud, or violates any law or regulation.
6. If any electronic terminal, telecommunication device, or any part of the Digital Banking electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
8. If you have not properly followed the on-screen instructions for using Digital Banking.
9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two (2) Business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50.00 if someone used your password without your permission.

If you do NOT contact us within two (2) Business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.00.

Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within sixty (60) days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the sixty (60) day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. The Leader, at its sole discretion, may waive these time limitations and extend the time periods.

Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Digital Banking Services provided to you under this Agreement. We do not and cannot warrant that Digital Banking will operate without errors, or that any or all Digital Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Digital Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Leader and its affiliates exceed the amounts paid by you for the services provided to you through Digital Banking.

Your Right to Terminate - You may cancel your Digital Banking Service at any time by providing us with written notice by postal mail or fax. Your access to Digital Banking will be suspended within three (3) Business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. 

Our Right to Terminate - You agree that we can terminate or limit your access to Digital Banking Services for any of the following reasons:
 

a. Without prior notice, if you have insufficient funds in any one of your Leader accounts. Digital Banking Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits; or 

b. Upon reasonable notice, for any other reason in our sole discretion. 

Communications Between the Leader and You - Unless this Agreement provides otherwise, you can
communicate with us in any one of the following ways:

a. E-mail -You can contact us by e-mail at clientservices@leaderbank.com (Please note that banking transactions through Digital Banking are not made via e-mail.)

b. Telephone - You can contact us by telephone at (781) 641-8686 or (855) 294-4488

c. Postal Mail -You can write to us at: Leader Bank, N.A. 180 Massachusetts Avenue, Arlington, MA 02474

d. In Person - You may visit us in person at any of our Bank Branch locations which may be found at https://www.leaderbank.com/locations.

Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may made electronically by posting the notice on the Digital Banking web site or by e- mail. You agree to notify us immediately of any change in your email address.

TERMS AND CONDITIONS OF USE FOR LEADER MOBILE APP

By participating in Mobile Banking, you are agreeing to the terms and conditions presented here. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile??, U.S. Cellular??, Verizon Wireless. Mobile Banking and any software you may obtain from Mobile Banking ("Software") may not be available at any time for any reason outside of the reasonable control of Leader or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, Leader and its affiliates and service providers, including Fiserv, Inc., Q2 Software, Inc. and their affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively "User Information"). Leader and its service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Leader and its service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. 

Restrictions on Use: You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. 

Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as
determined by Leader (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Leader or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Leader, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv, Q2 Software, Inc. or any third party.

You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party's account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software. Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

Touch ID??? and Face ID??? for Mobile Banking.

Touch ID??? is an optional fingerprint sign-in method for Leader Mobile Banking that is currently available for most Apple?? devices that have a fingerprint scanner. Similarly, Face ID??? is an optional facial recognition sign-in method for Leader Mobile Banking that is also available on certain Apple?? devices. To use Touch ID??? or Face ID???, you will need to save your fingerprint by going to the Settings function on your Apple device to complete the setup (for more help with fingerprint scanning or facial recognition, contact Apple support at apple.com/support). Fingerprints, facial recognition, and other biometrics are stored on your device only and Leader never sees or stores such information. You acknowledge that by enabling Touch ID??? and/or Face ID???, you will allow anyone who has a fingerprint or facial recognition feature stored on your device access to your personal and payment account information within Leader Mobile Banking. Leader reserves the right to suspend or disable this feature at any time. Touch ID??? and Face ID??? can only be associated with one Mobile Banking username at a time on a device. If your device doesn't recognize your fingerprint or facial recognition, you can sign in using your password. To use Touch ID??? or Face ID??? for Mobile
Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID??? or Face ID??? anytime from the Services menu within Leader Mobile Banking. Apple, Touch ID??? and Face ID??? are trademarks of Apple Inc.

Fingerprint Login and Face Unlock for Mobile Banking

Fingerprint Login is an optional fingerprint sign-in method for Leader Mobile Banking that may be available for certain Android?? mobile devices that have a built-in fingerprint scanner. Similarly, Face Unlock is an optional facial recognition sign-in method for Leader Mobile Banking that may be available for certain Android?? mobile devices. To use Fingerprint Login or Face Unlock, you will need to first save your fingerprint or facial features on your mobile device (for more help with fingerprint scanning or facial recognition, contact the manufacturer that supports your mobile device). Fingerprints facial recognition, and other biometrics are stored on your device only and Leader never sees or stores such information. You acknowledge that by enabling Fingerprint Login or Face Unlock, you will allow anyone who has a fingerprint or facial recognition feature stored on your device access to your personal and payment account information within Leader Mobile Banking. Leader reserves the right to suspend or disable this feature at any time. Fingerprint Login and Face Unlock can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint or facial recognition, you can sign in using your standard login credentials (e.g., password). To use Fingerprint Login or Face Unlock for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login or Face Unlock anytime within Leader Mobile Banking. Android is a trademark of Google Inc.

Privacy and User Information - Data Analytics.

You acknowledge that in connection with your use of Mobile Banking, Leader and its affiliates and service providers, including Q2 Software, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Leader and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

TERMS AND CONDITIONS OF USE FOR LEADER MOBILE DEPOSIT

These Terms and Conditions of Use of Leader Mobile Deposit (this "Agreement") is entered into by and between Leader Bank, N.A. (hereinafter "Leader," "us," "our" or "we,") and you, a current Leader customer (herein after, "you"). This Agreement governs the terms of our consumer remote deposit service, known as Leader Mobile Deposit. Leader Mobile Deposit allows you to make deposits of paper checks ("Original Checks") to your Leader account(s) from home or other remote locations by scanning the Original Checks and delivering the digital Images and associated deposit information ("Images") to us or our approved third-party processor with your smart phone, tablet, or other mobile device. Your agreement to the terms and conditions of this Agreement is a condition upon your use of the Leader Mobile Deposit program, and the presentment of any deposit by you using Leader Mobile Deposit shall be evidence of your assent to all obligations and responsibilities set forth in this Agreement.

There is a separate approval process for Leader Mobile Deposit, and not all new or existing Leader customers shall be eligible for Leader Mobile Deposit. Leader shall have the sole discretion as to whether to approve or deny your application to use Leader Mobile Deposit.

Definitions

• Account Agreement: The account agreement documents provided you with the opening of your Leader deposit account(s).
• Drawn On: The account in which the funds for the check that is to be paid are held. Endorsement: The Payee's signature(s) and other required information on the back of the check.
• Payee: The person to whom payment is made by a check.
• Payor: The person who orders payment - in other words, the person who SIGNS a check. 

Hardware and Software Requirements

To utilize the Leader Mobile Deposit Program, a customer must use a smartphone or tablet powered
by:

• Android?? - Version 8.x or higher; or
• Apple iOS ?? - Version 14.x or higher.

Leader Mobile Deposit users must download the Leader mobile banking application, as available through the Apple's App Store or Google's Market Store.

Deposit Limits

Unless otherwise authorized by Leader, you may only deposit up to ten thousand ($10,000.00) dollars each business day (as that term is defined herein) through Leader Mobile Deposit. Accordingly, any check presented for deposit through Leader Mobile Deposit may be subject to manual review and approval by Leader in its sole discretion.
 

Eligible Items
As a condition of using Leader Mobile Deposit, you agree you will not use Leader Mobile Deposit to scan and deposit any of the following:

• Checks drawn on any Bank outside the United States;
• Checks made payable in any currency other than United States dollars;
• Checks are dated more than six (6) months prior to your date of deposit;
• Post-dated checks (i.e., a check made payable after your date of deposit);
• A check that has previously been presented for deposit at another institution;
• Checks for which you are aware that a stop payment has been issued for said check;
• Checks payable to any person or entity other than you (i.e., payable to another party and then
  endorsed to you);
• Checks payable to you and another party who is not a joint owner on the account;
• Checks that contain evidence of alteration, or that 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 is drawn; or
• Checks which exceed the daily or individual check deposit limits discussed herein.

If you deposit a check or checks that do not comply with the above requirements, Leader reserves the right to terminate your use of Leader Mobile Deposit in its sole discretion as well as your overall banking relationship.

Requirements

Each Image presented through Leader Mobile Deposit must contain an Image of both the front and back of the Original Check and must contain all the information that is contained on the front and back of the Original Check at the time presented to you by the Payor. Such information must include, but is not limited to, the following information:

• Information about the Payor and the paying bank that is preprinted on the Original Check;
• The numerical encoded information on the bottom of the check;
• The Payor's signature(s); and
• All required Endorsements applied to the back of the Original Check.

The quality of each Image must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Endorsements must be made on the back of the check, and must include (1) your signature, (2) your Leader account number and (3) the words "FOR LEADER MOBILE DEPOSIT ONLY." Any loss we incur from a delay or processing error resulting from an irregular Endorsement or other markings by you will be your responsibility, and you agree to indemnify and hold us harmless from such loss.

If the check is made payable to you and another Payee, both of you must endorse the check, and it must be deposited into a Leader joint account owned by both of you. As described in your Account Agreement, we may not accept checks with multiple Endorsements for deposit unless we are able to verify each Endorsement.
 

Receipt of Deposit

All Images processed for deposit through Leader Mobile Deposit will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an Image, the Image and the corresponding provisional deposit to your account will be posted to your online statement. The Image is not deemed "received" by us until the Image has been posted to your account. Such posting does not mean that the Image contains no errors or will be accepted for deposit. We are not responsible for any Image we do not receive. Following receipt, we may process the Image by preparing a "substitute check" or using the Image to clear the item. For more information regarding "substitute checks," please see the Substitute Check Disclosure provided with this agreement.

We reserve the right to reject any deposit made through Leader Mobile Deposit which fails to satisfy any of our processing requirements, as determined by us in our sole discretion. We will notify you of rejected Images. Reasons for rejection include, but are in no way limited to:

• An incomplete or missing Endorsement;
• An illegible check
• The Image is of poor quality;
• An altered check; or
• A duplicate check.

Original Checks - Retention and Destruction

After you receive confirmation that we have received an Image, you must securely store the Original Check for twenty-one (21) days after transmission to us and make the Original Check accessible to us at our request. We may request to view the Original Check for a variety of reasons (i.e., we have concerns with the accuracy or validity of the Image). Upon our request, and within five (5) business days, you must deliver to us, at your expense, the Original Check. If you do not provide the Original Check in a timely manner, the deposit in question will be reversed from your account. At the end of this twenty-one (21) day period, you must destroy the Original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image presented through Leader Mobile Deposit will be the sole evidence of the Original Check.
 

As a condition of depositing any item through Leader Mobile Deposit, you agree that you will never re-present the Original Check. You understand that you are responsible for any losses incurred by Leader if the Original Check is ever presented again for payment and agree to indemnify us for any such losses.

Returned Deposits

Credit to your account for any check deposited using Leader Mobile Deposit is provisional. If any check deposited through Leader Mobile Deposit is dishonored, rejected, or otherwise returned unpaid for any reason, including without limitation issues relating to the quality of the Image that you have transmitted to us, you will receive an Image, reproduction or substitute of the Original Check and we will charge the deposit amount back to your account. As with any returned item, you will be responsible for reimbursing us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. You are prohibited from attempting to deposit or otherwise negotiate an Original Check through Leader Mobile Deposit if it has been charged back to you.

As described in your Account Agreement, if you deposit a check through Leader Mobile Deposit that is returned to us for any reason, including but limited to insufficient funds of the Payor, we may "set off" the amount of the returned item. We may "set off" by debiting the account into which you deposited the returned item or by transferring funds from another Leader account held by you. We may do so whether or not the reason for the returned item was presented to us on a timely basis. For information regarding fees that may be assessed to you for the return of deposits, please see the Schedule of Fees brochure provided to you with your account documents.

Representations & Warranties

As a condition of using Leader Mobile Deposit, you make the following warranties and representations with respect to each Image you transmit to us using Leader Mobile Deposit:

• Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the payer of the check has no defense against payment of the check.
• The amount, Payee(s), signature(s), and Endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse the Original Check to a third party.
• No person will receive a transfer, presentment, return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check, such that the person will be asked to make payment based on an item that has already been paid.
• There are no other duplicate Images of the Original Check, other than a non-negotiable photocopy which may be kept for recordkeeping purposes.
• The Original Check was authorized by the payer in the amount stated on the Original Check and to the Payee(s) stated on the Original Check.
• You are authorized to enforce and obtain payment of the Original Check.
• You have possession of the Original Check, and no party will submit the Original Check for payment.
• You will notify us immediately if you learn of any loss or theft of the Original Check.
• With respect to each Image, you make to us all representations and warranties that we also make, or are deemed to make, to any party pursuant to law, regulation, or clearinghouse rule. You agree that files and Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Unavailability of Leader Mobile Deposit

Leader Mobile Deposit may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and/or Internet software. If Leader Mobile Deposit is unavailable, you may deposit Original Checks at our branches or through our ATMs. Leader makes not representation or warranties as to the availability of the use of Leader Mobile Deposit at any given time, and you agree to hold Leader harmless from any losses incurred as the result of such unavailability.

Funds Availability

Deposits made through Leader Mobile Deposit are subject to the Funds Availability Policy provided to you at the time of your account opening and as made available at any Leader branch or online at https://www.leaderbank.com/disclosures. Although Leader Mobile Deposit utilizes technology as a delivery method, checks deposited through this service are processed in the same manner as a paper deposit you would make at a branch or ATM and are NOT considered "electronic direct deposits" for purposes of funds availability. 

Our general policy is to make funds from a check deposit available to you on the first business day after we receive your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If you make a deposit through Leader Mobile Deposit before 5:00 P.M. Eastern time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit through Leader Mobile Deposit on or after 5:00 P.M. or on a business day that we are not open, we will consider that the deposit was made on the next business day we are open.

Please note that longer delays to the availability of the entire amount of your deposit may apply as
outlined in the Funds Availability Policy.

Security

You agree you will complete each deposit via Leader Mobile Deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to take all necessary steps to safeguard against unauthorized deposits. You must notify our Deposit Operations Department immediately by telephone at (781) 641-8686 or (855) 294-4488 and with written confirmation if you learn of any loss or theft of Original Checks. You agree to ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction.

Your Responsibilities

You are solely responsible for the quality, completeness, accuracy, validity, and integrity of any Image transmitted to us using Leader Mobile Deposit. You are solely responsible if you intentionally or unintentionally submit fraudulent, inaccurate, incorrect, illegible, or otherwise improper or unusable Images to us. You are also solely responsible if Leader Mobile Deposit is used by any person other than you, whether or not you have authorized such other person, to submit fraudulent, unauthorized, inaccurate, incorrect, illegible or otherwise improper or unusable Images to us. 

In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile, copy, or reproduce all or any part of, or interfere or attempt to interfere with, the technology or service included in or associated with Leader Mobile Deposit. We and our technology partners, inclusive of, but not limited to, Fiserv, Inc., retain all rights, title and interests in and to all services, technology, software and hardware included in or associated with Leader Mobile Deposit.

Accountholder's Indemnification Obligations

You understand and agree that you are required to indemnify us and all of our affiliates, officers, employees and agents and hold us and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising from your use of Leader Mobile Deposit and/or any breach of the terms and conditions of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv, Inc. ("Fiserv") and Q2 Software Inc. ("Q2"), and hold harmless Leader, Fiserv, Q2 and their affiliates, subsidiaries, partners, parent companies, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to us or your use of Leader Mobile Deposit or any Fiserv applications relating thereto, unless such claim directly results from an action or omission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR USE OF LEADER MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF LEADER MOBILE
DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE MAKE NO WARRANTY THAT LEADER MOBILE DEPOSIT WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO
WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED USING LEADER MOBILE DEPOSIT WILL BE
ACCURATE OR RELIABLE OR THAT ANY ERRORS IN LEADER MOBILE DEPOSIT OR ANY OF THE
TECHNOLOGY RELATED THERETO WILL BE CORRECTED.

YOU FURTHER AGREE THAT LEADER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD
PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE
USE OF, LEADER MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE
POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Amendments and Termination

We may restrict and/or cancel, without prior notice, your ability to use the Leader Mobile Deposit system for any reason deemed necessary in our sole discretion. You may terminate this service anytime by sending a written request by first class mail to Leader Bank, N.A., Attn: Deposit Operations - Leader Mobile Deposit, 180 Massachusetts Avenue, Arlington, MA 02474. Termination by either party will not affect your obligations under this Agreement, even if we allow a transaction to be completed after the termination of this Agreement. We may change any term of this Agreement at
any time; provided, however, that we must notify you of any such change if it would materially adversely affect your rights or obligations under this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain and use Leader Mobile Deposit, which continuing maintenance and use must occur after you have received any required notice, if applicable.

Compliance with Law

You will use Leader Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules, and regulations. You warrant that you will only transmit Images of Original Checks for deposit and that you have handled the Original Checks in accordance with applicable laws, rules, and regulations.

Entire Agreement, Severability and Waiver

This Agreement, including all agreements and other documents incorporated by reference, embodies the entire agreement between the parties. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. No waiver of the performance or breach of, or default under, any condition or obligation in this Agreement will be deemed to be a waiver of any other performance, or breach or any other condition or obligation of this Agreement.

Governing Law and Disputes

This Agreement is governed by, and shall be construed in accordance with, the laws of the Commonwealth of Massachusetts without regard to the conflict of laws principles thereof. Any dispute relating in any way to your use of Leader Mobile Deposit or to this Agreement shall be submitted to confidential arbitration in the Commonwealth of Massachusetts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Notices

Any communication, notice, statement, or demand required to be served on you under this Agreement shall be in writing and sent either by electronic mail, first class mail or registered mail to you at to the most recent address for you that we maintain in our records as of such time. If you believe that an error has occurred with respect to any deposit made using Leader Mobile Deposit, please notify Leader's Deposit Operations Department by telephone at (781) 641-8686 or (855) 294-4488 as soon as possible.

Leader Bank Alerts Terms and Condition

Alerts. Your enrollment in the Services includes enrollment to receive transaction alerts and notifications ("Alerts"). Alerts are electronic notices from us that contain transactional information about your Leader account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time or cancel old alerts. We usually notify you when we cancel alerts but are not obligated to do so. Leader reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery. We may provide alerts through one or more channels ("endpoints"): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Leader Digital Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or
rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us as to your primary and secondary email addresses or mobile device number. Alerts via Text Message. To stop alerts via text message, log into your Digital Banking account and
disable the alert under "Alert Settings" or text "STOP" to 96924 at any time. To restore alerts on your mobile phone, just visit the alerts tab in Leader Digital Banking. In case of questions please contact customer service at 781-646-3900. Our participating carriers include (but are not limited to)AT&T, SprintPCS, T-Mobile??, U.S. Cellular??, Verizon Wireless, MetroPCS.
Limitations. Leader provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Leader's control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Leader, its directors, officers, employees, agents, and service providers liable for losses or damages, including
attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

Account to Account Transfer Terms of Service

1. Introduction. This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a contract between you and Leader Bank, N.A. (hereinafter "we" or "us") in connection with the Account to Account Transfer Service (as defined below) offered through our digital banking site or mobile applications (the "Site"). This Agreement applies to your use of the Account to Account Transfer Service and the portion of the Site through which the Account to
Account Transfer Service is offered.
2. Description of Account to Account Transfer Service. The Account to Account transfer service (the "Account to Account Transfer Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
3. Definitions.
a. "Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
b. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
c. "Affiliates" are companies related by common ownership or control.
d. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
e. "Eligible Transaction Account" is a transaction account from which your transfers will be debited, your Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An Eligible Transaction Account shall be limited to a checking, money market or savings account that you hold with us.
f. "External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
g. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
h. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Account to Account Transfer Service to you on our behalf.
i. "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.
4. Service Providers. We are offering you the Account to Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account to Account
Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account to Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
5. Authorization and Processing.
a. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
b. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and
Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.
c. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Account to Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 10 (Refused Transfers) below; 
4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

d. It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Account to Account Transfer Service. Your limits may be adjusted from time-to time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.
7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Account to Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.
8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
11. Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: Leader Bank, N.A., Attn: Deposit Operations, 180 Massachusetts Avenue, Arlington, MA, 02474. We may also be reached at 781-646-3900 or 877-691-7900 for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.
14. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
16. Your Privacy; Privacy of Others. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another person through the Account to Account Transfer Service, you agree to keep the information confidential and only use it in connection with the Account to Account Transfer Service.
17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:

• Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States);
• Transfers that violate any law, statute, ordinance, or regulation;
• Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
• Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
• Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
• and Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money
  laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and Transfers relating to tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account to Account Transfer Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with customer care for the Account to Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
22. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that: 

• a. You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
• b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be
  collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit; and
• c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
24. Information Authorization. Your enrollment in the applicable Account to Account Transfer Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Account to Account Transfer Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the Account to Account Transfer Service, to authenticate you when you log in, to send you information about the Account to Account Transfer Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Account to Account Transfer Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential
fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Account to Account Transfer Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to
analyze the performance of the Account to Account Transfer Service. 

• Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
• Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by
  devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

25. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
26. Errors, Questions, and Complaints. 
a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
b. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:

1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.

c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
27. Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account to Account Transfer Service, the portion of the Site through which the Account to Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors' exclusive intellectual property, and shall not be subject
to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have
been waived, and you warrant that you have the right to make these warranties and transfers of rights.
28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
29. Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account to Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account to Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or
enhance the Account to Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or related applications and material, and limit access to only the Account to Account Transfer Service's more recent revisions, updates, upgrades or enhancements.
31. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account to Account Transfer Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service (including but not limited to recipients to whom you send transfers).
32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
34. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement.
35. [Intentionally Omitted]
36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such 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. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us must be resolved by the federal courts in the Commonwealth of Massachusetts or any appropriate state court located in Middlesex County in the Commonwealth of Massachusetts. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.
38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code ??1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. 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.
40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 
41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.