Terms & Conditions for I-Bank Online & Mobile Banking Services

1.  INTRODUCTION.  First Interstate Bank ("Bank") is pleased to provide its consumer and small business customers with online and mobile access to their accounts and special online and mobile services, including transfers and payments to and from others and your accounts at other financial institutions (“External Transfers”).  This Terms and Conditions of Service document (“Agreement”) is a contract between you and the Bank (“we” or “us”) in connection with each of the following services you use from us (each, a “Service”) offered through our online and mobile applications (the “Site):

Basic Online Banking
Basic Mobile Banking
Shared Access
Alerts
I-Statements
Stop Payment
Direct Connect
FinanceWorks
Mobile Check Deposit
*Loan Payment
*Bill Pay
*Account to Account Transfer
*Popmoney

*Services involving External Transfers

2.  GENERAL TERMS AND CONDITIONS FOR ALL SERVICES.  Except where otherwise provided with respect to a specific Service, the following general terms and conditions apply to each Service.

2.a.  Key Definitions. 

“Account” is an account with us which is eligible for use of a Service and for which you utilize a Service.  Depending upon the specific Service, an Account may be a deposit account, loan (including mortgage loan) account, and/or credit card account.  The term “Account” includes Eligible Transaction Accounts” that you hold with us.

"Affiliates" are companies related by common ownership or control.

“Authorized Principal” is an individual authorized by a business entity (such as a sole proprietorship, partnership, corporation or limited liability company) to legally bind the entity and act on its behalf.  Only one Authorized Principal may be designated for Services.

“Business Account” is an Account that is not a Consumer Account.  Access to the Service for a Business Account may be delayed in order to verify the authority of the Authorized Principal.

“Business Day” is every Monday through Friday except Federal Reserve holidays or other days that banks are legally closed.

“Closely Held Business Account” is a Business Account that is held by a business that utilizes the same tax identification number as a Consumer Account (i.e. the social security number of the owner of the Consumer Account).

“Consumer Account” is an Account which is held by an individual for personal, family or household purposes.

"Eligible Transaction Account" is a transaction Account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service.  Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, or a credit card account, including any required routing information.

"External Account" is your transaction account at another financial institution to or from which money is transferred utilizing the Service.

“Linked Accounts” means Accounts that are included in your customer profile on the Site.  Some Linked Accounts listed in your customer profile may not be eligible for all Services based upon account type or designation as a Consumer Account or a Business Account.  You may choose to hide Accounts on your customer profile on the Site.

"Payment Instruction" is the information provided for a payment or transfer to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.

“System” is the computer, mobile device, internet service, and/or cellular service by which you obtain online and/or mobile access and any software you utilize with the Service.

“User Access Information” means access and authentication credentials, security codes, passwords, security questions and answers, account numbers, login information, and any other security or access information, used by you (or others to whom you have granted authority) to access the Site, the Service and your Accounts with us and/or perform transactions.

“You” means with respect to Consumer Accounts the owner/signer on a deposit account or the borrower on a credit card or loan account, and with respect to a Business Account “you” means the business which is the owner of the Business Account acting through its Authorized Principal/signer on a deposit account or through its Authorized Principal on a credit card or loan account, and for purposes other than identification of Accounts and External Accounts, each person that uses the Service with your permission.

2.b.  Accepting the Agreement.  When you use the Service or authorize others to use the Service, you acknowledge that you have received and understand this Agreement and agree to the terms and conditions of this entire Agreement.

2.c.  Relation to Other Agreements.  In addition to this Agreement, you agree that your Accounts and the use of the Service will be governed by the terms and conditions contained in the account agreement(s) and disclosures (“Account Agreement”) applicable to the Accounts for which the Service is used.  In the event of a conflict between this Agreement and an Account Agreement, this Agreement shall control as to the specific conflict at issue unless this Agreement specifically states otherwise.

2.d.  Amendments.  We may amend this Agreement and any applicable fees and charges for the 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 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 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 Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.

2.e.  Service Providers.  We may offer you the Service through one or more third party service providers (“Service Providers”) that we have engaged to render some or all of the Service to you on our behalf.

2.f.  Fees.  You are responsible for paying all fees associated with your use of the Service.  Applicable fees will be charged against the Account utilized to initiate transactions, as described in this Agreement.  Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site.  Any financial fees associated with your Accounts will continue to apply.  You are responsible for any and all cellular telephone access fees and Internet service fees that may be assessed by your cellular telephone and Internet service provider.  Section 3.g below (Failed or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the applicable Account for such fees and there are insufficient fees in the Account.

2.g.  Authorization. 

2.g.1.  Consumer Accounts.  You represent and warrant that you are either the sole owner or a joint owner of the Account and, as applicable, the External Account and that you have all necessary legal right, power and authority to transfer funds between Accounts and, as applicable, the External Account.  If you are a joint owner of the Account, the 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. 

2.g.2.  Business Accounts.  You represent that you are an Authorized Principal of the business that owns the Account and, as applicable, the External Account and that you have all necessary legal right, power and authority to act on behalf of the business to transfer funds between Accounts and, as applicable, the External Account.  You agree, on behalf of yourself and the business, to notify us by contacting us as set forth in Section 2.p below (Notices to Us) if your access to or authority over the Account changes.  We will not be liable for any unauthorized activity prior to notification or until we have had a reasonable opportunity to act.

2.h.  Eligibility.  The Service is offered only to individual residents of the United States and small Businesses who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Account in the name of the minor with a parent or guardian as a co-signor or guarantor.  By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.  No foreign transactions are permitted using the Service and you represent and warrant that the External Account is located in the United States.

2.i.  Available Funds.  You acknowledge that it is your responsibility to insure that sufficient funds are on deposit in your Account and as applicable, your External Account to cover transfers and payments authorized through the Service.  If you withdraw funds from an Account by means of an electronic funds transfer (“EFT”) other than through the Service, such as an ATM cash withdrawal, and the EFT occurs at any time on the same Business Day that you use the Service to transfer funds or make a payment from the same Account, and if there are insufficient funds at the end of the day to pay both the EFT and the transfer or payment made through the Service, then the EFT will have priority and the transfer or payment made through the Service will result in an overdraft on the Account.

2.j.  System Requirements.  It is your responsibility to ensure that your System is compatible with the Service and you acknowledge that you are solely responsible for the cost, operation and security of your System.  It is also your responsibility to protect your System against viruses, worms, trojans, and other items of a destructive nature. You agree to use reasonable care not to introduce any such items to our Site or the Service. 

2.k.  Availability of the Service.  The Service and other Bank products and services described in the Site are not necessarily available everywhere.

2.l.  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 Service, regardless of the purpose of the use, and for all communications you send through the 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 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 Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the 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 2.p below (Notices to Us) of any violations of the Agreement generally.

2.m.  Access and Security.  You are responsible for (a) maintaining the confidentiality and security of your User Access Information used by you to access the Service and your Accounts, and (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service or any services provided in connection with it (collectively, "Account Data").  You will be responsible for all electronic communications ("Communications") entered using the User Access Information.  It is assumed that any Communications received through use of the User Access Information were sent or authorized by you.  You agree to immediately notify us at the telephone number provided in Section 2.p below (Notices to Us) if you become aware of any loss, theft or unauthorized use of any User Access Information.  See also Section 4.b below (Your Liability for Unauthorized Transfers and Use) regarding how the timeliness of your notice can impact your liability for unauthorized transfers under certain circumstances.  We reserve the right to deny you access to the Service if we reasonably believe that any loss, theft or unauthorized use of User Access Information has occurred. 

You agree to take reasonable precautions to safeguard your User Access Information.  You agree to never leave your computer or mobile device unattended while using the Service and always exit the Service by clicking “Log Out.”  You acknowledge and agree that if you permit another person or persons to use the Service (via Shared Access or otherwise) or give them your User Access Information you are responsible for any transactions, transfers of payments that person makes from your Account, even if that person exceeds your authorization. 

2.n.  Transmission and Transaction Risks.  You acknowledge that the electronic transmission of confidential information is performed at your own risk.  You assume all liability and responsibility to monitor the Accounts and in the event you discover or suspect an objectionable or unauthorized transaction or activity in an Account, you will immediately notify us at the telephone number provided in Section 2.p below (Notices to Us).

2.o.  Interruption of Service.  The Service may be unavailable at certain times for the following reasons:

Although we will make all reasonable efforts to ensure the availability of the Service, we are in no way liable for the unavailability of the Service or any consequential damages that may result therefrom.

2.p.  Notices to Us.  Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:

First Interstate Bank
PO Box 30918
Billings, MT 59116

We may also be reached at Customer Support 888-752-3332 M-F, 7:30 AM-6:00 PM Mountain Time for questions and other purposes concerning the Service.  We will act on your telephone calls as described below in Section 4 below, but otherwise, such telephone calls will not constitute legal notices under this Agreement.

You may also contact us via email at pcbank@fib.com for general, non-urgent communications, however such communications will not constitute legal notices under this Agreement.  As regular email is not secure, we caution against using email for transmitting any sensitive personal information.  Because your identity cannot be confirmed, we cannot act on any instructions received via regular email.  We recommend using the Secure Email within the Site for transmitting any sensitive information and or requests.  Your User Access Information is confirmed when you login to the Site; therefore, when you send a Secure Message though the Site, any instructions received by you will be acted upon as if you had provided those instructions in person.  Do not rely on the Secure Messaging System or email when reporting lost or stolen User Access Information, credit cards, debit cards, or ATM cards. Do not send transfer or payment requests via email.

2.q.  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 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 Service setup or customer profile.  For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) 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 2.p above (Notices to Us).  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 Service if you withdraw your consent to receive electronic communications.

2.r.  Text Messages, Calls and/or Email 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 and/or emails from us for our everyday business purposes (including identify 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 automatic telephone dialing system from us or our Affiliates and agents.  You further consent to receiving text messages from us at that number, and/or emails from us for marketing purposes in connection with the Service and consistent with our Privacy Policy. Please review our Privacy Policy for more information.

2.s.  Linking of Consumer and Business Accounts.  If you use your social security number to enroll to receive the Service your Linked Accounts will include your Consumer Accounts as well as Closely Held Business Accounts which are any Business Accounts that utilize your social security number as a taxpayer identification number.  Error resolution procedures and other terms and conditions of the Service are different for Consumer Accounts and Business Accounts.   Note also that the guarantees and disclosures made by the Bank applicable only to your Consumer Accounts (provided separately or herein) will not be applicable to any of your Business Accounts.  Please review the specific guarantees and disclosures for details.

2.t.  Restrictions on Transfers from your Savings and Money Market Accounts.  Your ability to transfer funds from or between certain of your Accounts with the Service may be limited as more fully described in your Account Agreement.  Online and mobile transfers are subject to the six (6) per calendar month (or statement cycle of at least four weeks) limitations.

2.u.  Privacy.  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.

2.v.  Privacy of Others.  If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

2.w.  Address or Banking Changes.  It is your sole responsibility and you agree to ensure that the contact information with which you provide us is current and accurate.  This includes, but is not limited to, name, physical address, phone numbers and email addresses.  Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting us as set forth in Section 2.p above (Notices to Us).  We are not responsible for any errors or fees incurred if you do not provide accurate contact information.

2.x.  Information Authorization.  Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information.  Through your enrollment in or use of each 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 Service, to authenticate you when you log in, to send you information about the 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 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 Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service.

2.y.  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.

2.z.  Service Termination, Cancellation or Suspension.  If you wish to cancel the Service, you may contact us as set forth in Section 2.p above (Notices to Us).  Any payments or transfers 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 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.

2.aa.  Links and Frames.  Links to other sites may be provided on the portion of the Site through which the 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 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.

2.bb.  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 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 Service for any reason or no reason and at any time.  The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

2.cc.  Disputes.  In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.

2.dd.  Arbitration.  For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.  If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties.  The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation.  The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

2.ee.  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 Service.

2.ff.  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 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.

2.gg.  Disclaimer of Warranties.  THE SITE AND 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 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.

2.hh.  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 SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.  YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE 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 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 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN HEREIN 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.

2.ii.  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.

2.jj.  Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.  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.  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.

2.kk.  Complete Agreement, Severability, Captions and Survival.  You agree that this Agreement (together with agreements and disclosures referenced in Section 2.c above (Relation to Other Agreements) is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the 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 of this Agreement 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 Customer Support personnel), the terms of the Agreement will prevail.

3.  GENERAL TERMS AND CONDITIONS FOR SERVICES INVOLVING EXTERNAL TRANSFERS AND PAYMENTS.  Except where otherwise provided with respect to a specific Service, the following general terms and conditions apply to each Service involving transfers and payments other than transfers and payments between Accounts you hold with us (e.g. Loan Payment Service, Bill Pay Service, Account to Account Transfer Service and Popmoney Service).

3.a.  Key Definitions.

"ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.

“Express Pay Transfer” means a transfer to be completed on the following Business Day.

"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

“Standard Transfer” means a transfer that may take up to three (3) Business Days for the funds transfer to be completed.

3.b.  Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history.  You agree to review your transactions by this method instead of receiving receipts by mail.

3.c.  Prohibited Payments.  The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion.  In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments.  We have no obligation to research or resolve any claim resulting from a prohibited payment.  All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.  We encourage you to provide notice to us by the methods described in Section 2.p above (Notices to Us) of any violations of the Agreement generally.

3.d.  Payment Methods and Amounts.  There are limits on the amount of money (or, as applicable in some cases, gift card value) you can send or receive through the Service.  Your limits may be adjusted from time-to-time at our sole discretion.  You may log in to the Site to view your individual transaction limits.  We also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.  These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.

3.e.  Unauthorized Transfers.  You agree to immediately notify us at the telephone number provided in Section 2.p above (Notices to Us) if you become aware of an unauthorized Payment Instruction.  You acknowledge and agree that time is of the essence in such situations.  See also Section 4.b below (Your Liability for Unauthorized Transfers and Use) regarding how the timeliness of your notice can impact your liability for unauthorized transfers under certain circumstances.

3.f  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.

3.g.  Failed or Returned Payment Instructions.  In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account.  If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed.  In certain circumstances, we will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction.  In some instances, you will receive a return notice from us. In each such case, you agree that:

3.h.  Erroneous Information.  We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account information or Payment Instructions.

3.i.  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 Service.  We do not have control of, or liability for, any products or services that are paid for with our Service.  We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).

4.  ADDITIONAL PROVISIONS APPLICABLE ONLY TO CONSUMER ACCOUNTS.

4.a.  In Case of Error or Questions About your Electronic Transactions.  In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 2.p above (Notices to Us).

If you think your statement or transaction record for your account is incorrect or you need more information about a transaction listed in the statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable statement for your account that identifies the error.  You must:

1. Tell us your name and account number;

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.

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 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 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.

4.b.  Your Liability for Unauthorized Transfers or Use.  Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with Customer Support for the Service in the manner set forth in Section 2.p above (Notices to Us).  If you tell us within two (2) Business Days after you discover your User Access Information been lost or stolen or a Payment Instruction has been made without your permission, 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 payments 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.

5.  ADDITIONAL PROVISIONS APPLICABLE ONLY TO BUSINESS ACCOUNTS.

5.a  In Case of Error or Questions About your Electronic Transactions.  In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 2.p above (Notices to Us).  We will use commercially reasonable efforts to resolve the error or question. 

6.  TERMS AND CONDITIONS APPLICABLE TO THE INDIVIDUAL SERVICES.  In addition to the above content, the following terms and conditions apply to the specific Service indicated.

6.a.  Basic Online Banking.

6.a.1.  Description of the Service.  The Basic Online Banking Service provides general online access to Accounts.  With the Basic Online Banking Service you can view Account balances, transaction information, and check images; make internal funds transfers between Accounts (“Internal Transfers”); order checks; and download statement information.

6.a.2.  Cutoff Time.  An Internal Transfer request entered before 6:00 PM Mountain Time on a Business Day will begin processing that Business Day and an Internal Transfer request received after this cutoff time will begin processing on the next Business Day.

6.b.  Basic Mobile Banking.

6.b.1. Description of the Service.  The Basic Mobile Banking Service provides general mobile access to Accounts utilizing a mobile device (e.g. tablet or smartphone).  With the Basic Mobile Banking Service you can view account balances and transaction information, make Internal Transfers, and find branch and ATM locations. 

6.b.2  Cutoff Time.  An Internal Transfer request entered before 6:00 PM Mountain Time on a Business Day will begin processing that Business Day and an Internal Transfer request received after this cutoff time will begin processing on the next Business Day.

6.b.3.  Participating Wireless Carriers.  The Basic Mobile Banking Service is available with the following participating wireless carriers: AT&T, Cincinnati Bell, Cricket, MetroPCS, Nextel/Boost, Sprint, TMobile®, U.S.Cellular®, Verizon Wireless, and Virgin Mobile USA.  Mobile Banking message frequency depends on account settings. Message and data rates may apply.

6.c.  Shared Access.

6.c.1.  Description of the Service.  The Shared Access Service provides you with the ability to grant some Basic Online Banking Service access (the ability to view Account balances, transaction information, and check images and make Internal Transfers) and Bill Pay Service access to other individuals (“Subusers”). You must be enrolled in the Basic Online Banking Service in order to grant Basic Online Banking Service access and you must be enrolled in the Bill Pay Service to grant Bill Pay Service access. 

6.c.2.  Grant of Access.  You have sole authority and control in sharing access with Subusers, managing and disabling Subusers, and determining Subuser’s respective authority.  As provided in Section 2.m above (Access and Security) you authorize us to act on transaction instructions initiated under the access credentials of an authenticated Subuser, just as if it was initiated under your credentials. When granting Shared Access, you assume total liability for any and all activities of a Subuser with respect to your Accounts, and you agree to hold us harmless in any claim you make against a Subuser for breach of your agreement with said Subuser.

6.d.  Alerts.

6.d.1.  Description of the Service.  The Alerts Service provides you with reminders and notifications (“Alerts”) relating to Account transaction activity.  You must be enrolled in the Basic Online Banking Service and/or the Basic Mobile Banking Service to receive Alerts via emails and/or text message communication, respectively.

6.d.2.  Participating Wireless Carriers.  Mobile Alerts are available with the following participating wireless carriers: AT&T, Cincinnati Bell, Cricket, MetroPCS, Nextel/Boost, Sprint, TMobile®, U.S.Cellular®, Verizon Wireless, and Virgin Mobile USA.  Message and data rates may apply.

6.d.3.  Types and Frequency of Alerts.  You can select the types and frequency of Alerts you want to receive when you enroll to receive the Alerts Service.

6.d.4.  Help and Stopping the Service.  At any time, you can text HELP to 898342 for help, or text STOP to 898342 to cancel the Alerts Service.

6.e.  I-Statements.

6.e.1.  Description of the Service.  The I-Statements Service provides you with the ability to receive electronic account statements (“I-Statements”) online.  You must be enrolled in the Basic Online Banking Service in order to receive I-Statements.

6.f.  Stop Payment.

6.f.1.  Description of the Service.  The Stop Payment Service provides you with the ability to stop payment of a paper check issued on an Account online.  You must be enrolled in the Basic Online Banking Service in order to receive the Stop Payment Service.  You may not utilize Stop Payment Service to stop payment on a cashier’s check, certified check or other official institution check you have purchased from the Bank; a check guaranteed by the Bank; or a transfer made through an electronic payment network.

6.f.2. Cutoff Time.  A stop payment request entered before 6:00 PM Mountain Time on a Business Day will begin processing that Business Day and stop payment request received after this cutoff time will begin processing on the next Business Day.

6.f.3.  Nature of the Request.  A stop payment request properly made through the Stop Payment Service constitutes a written stop payment order.  You acknowledge that before stopping payment of a check, we may verify that no action has been taken to pay the check and you agree to promptly notify us of the return of the original check.

6.f.4.  Ordinary Care.  You agree that payment by us of a check through its inadvertence, oversight or mistake shall not constitute failure to exercise ordinary care and we shall not be liable for payment for any reason other than its failure to exercise ordinary care.

6.g.  Direct Connect.

6.g.1.  Description of the Service.  The Direct Connect Service provides you with the ability to import transaction information from your Accounts into your Quicken® or Quickbooks® financial management software online.  You must be enrolled in the Basic Online Banking Service in order to receive the Direct Connect Service.

6.g.2.  Third Party Software.  You acknowledge that we are not responsible for the performance of the financial management software that is licensed to you or communications to us that you initiate through the financial management software.

6.h.  FinanceWorks.

6.h.1.  Description of the Service.  The FinanceWorks Service provides you with the ability to manage your financial data from your financial accounts, such as checking, savings, credit cards, loans and investments, at multiple financial institutions online.  The FinanceWorks Service provides you with the ability to (a) aggregate consumer account data and information from your various accounts with us and other financial institutions; (b) consolidate and organize your financial information to simplify budgeting, expense categorization, bill payment, and expense tracking; and (c) categorize and track expenditures to plan for future spending and saving.  You must be enrolled in the Basic Online Banking Service in order to receive the FinanceWorks Service. 

6.h.2.  License Grant and Restrictions.  You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service solely to manage your financial data.

The term “FinanceWorks Service” also include any other programs, tools, internet-based services, components and any "updates" (for example, service maintenance, help content, bug fixes, or maintenance releases, etc.) of the FinanceWorks Service if and when they are made available to you by us or by our Service Providers.  Certain aspects of the FinanceWorks Service may be accompanied by, and will be subject to, additional terms and conditions.

You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (a) access or attempt to access any other systems, programs or data that are not made available for public use; (b) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks portion of our Site; (c) permit any third party to benefit from the use or functionality of the FinanceWorks Service, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (d) transfer any of the rights granted to you under this license; (e) work around any technical limitations in the FinanceWorks Service, use any tool to enable features or functionalities that are otherwise disabled in the FinanceWorks Service, or decompile, disassemble, or otherwise reverse engineer the FinanceWorks Service except as otherwise permitted by applicable law; (f) perform or attempt to perform any actions that would interfere with the proper working of the FinanceWorks Service or any services provided in connection with it, prevent access to or the use of the FinanceWorks Service or any or services provided in connection with it by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the FinanceWorks Service; or (g) otherwise use the FinanceWorks Service or any services provided in connection with it except as expressly allowed under this Section 6.h.

6.h.3.  Ownership.  The FinanceWorks Service is protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

6.h.4.  Your Information and Account Data with Us.  We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by Service Providers, to conduct certain analytical research and help us to create new offerings and services for our customers.  As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose.  If you choose not to participate, you do not need to notify us.  We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by Service Providers, to (a) conduct database marketing and marketing program execution activities; (b) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (c) distribute or license such aggregated research data to third parties.  Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

6.h.5.  Your Information and Account Data with Other Financial Institutions.  Our financial management tools allow you to view accounts that you may have outside the Bank (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions.  That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data").  In giving that consent, you are agreeing that we, or a Service Provider on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (a) as pertains to the use, function, or performance of the services which you have selected; (b) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (c) for measuring downloads, acceptance, or use of the services you have selected; (d) for the security or protection of the services you have selected; (e) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; and (f) to assist us in performing our obligations to you in providing the services you have selected.

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

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

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

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

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

6.i.  Mobile Check Deposit. 

6.i.1.  Description of the Service.  The Mobile Check Deposit Service provides you with the ability to deposit checks utilizing your mobile device.  You must be enrolled in the Basic Mobile Banking Service to receive the Mobile Check Deposit Service.

6.i.2.  Terms and Conditions of the Service.  The terms and conditions specifically applicable to Mobile Check Deposit shall be provided separately.

6.j.  Loan Payment. 

6.j.1.  Key Definitions.  The following definitions apply to this Section 6.j:

"External Account" is as defined in Section 2.a. above (Key Definitions) except that it is your account at another financial institution from which you are transferring funds to us to make a payment on your designated Loan Obligation.

“Loan Obligation” is your designated loan (including mortgage loan) Account with us.  The term Loan Obligation does not include credit card accounts.

6.j.2.  Description of the Service.  The Loan Payment Service provides you with the ability to debit your checking account at another financial institution to make a payment on your Loan Obligation.  You must be enrolled in the Basic Online Banking Service and/or the Basic Mobile Banking Service to receive the Loan Payment Service.

6.j.3.  Cutoff Time.  Payment Instructions received by us before 4:00 PM Mountain Time on a Business Day will begin processing that Business Day and payments received after this cutoff time will begin processing on the next Business Day.

6.j.4.  Single or Recurring Payments. The Loan Payment Service provides you with the ability to make a single loan payment or recurring loan payments on your Loan Obligation.

6.j.5. Authorization/Processing of Payments.  You acknowledge that by submitting a Payment Instruction you authorize Bank to debit your checking account at another financial institution (the “External Account”) and credit your Loan Obligation in the amount indicated.  You also authorize us to reverse a payment made to the Loan Obligation if the debit is returned from the External Account for any reason, including but not limited to nonsufficient funds.

We shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

It is your responsibility to ensure the accuracy of any information that you enter into the Loan Payment Service, and for informing us as soon as possible if you become aware that this information is inaccurate.We will make a reasonable effort to stop or recover a transfer made to the wrong Loan Obligation 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.j.6. Payment Cancellation Requests.  You may cancel a Payment Instruction for a single loan payment at any time before 4:00 PM Mountain Time on the Business Day on which you have indicated the payment should be initiated (as shown in the Loan Payment Service).  You may cancel a Payment Instruction for recurring loan payments at any time before 4:00 PM Mountain Time on the Business Day on which you have indicated your next schedule payment should be initiated (as shown in the Loan Payment Service).

6.j.7 Payment Revocation.  If you desire to stop any payment that has already been processed, you must contact Customer Support for the Loan Payment Service at the telephone number provided in Section 2.p above (Notices to Us).  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.

6.j.8 Rejection of Payment Instruction.  If a Payment Instruction is rejected or reversed, that payment will be reversed on the Loan Obligation and you will be responsible for making payment on the Loan Obligation separately.

6.k.  Bill Pay.

6.k.1.  Key Definitions.  The following definitions apply to this Section 6.k:

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Billing Account" is the checking account from which all Bill Pay Service fees will be automatically debited.

"Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.

"Eligible Transaction Account" is as defined in Section 2.a above (Key Definitions), except that it shall be limited to an account that you hold with us, and from which bill payments will be debited. 

"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

"Payment Instruction" is as defined in Section 2.a above (Key Definitions), and is further defined as the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

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

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

6.k.2.  Description of the Service.  The Bill Pay Service provides you with the ability to receive, view and pay bills from the Site.  We do not recommend frequent bill payments from savings or money market accounts due to transaction restrictions as described in Section 2.t above (Restrictions on Transfers from your Savings and Money Market Accounts).  You must be enrolled in the Basic Online Banking Service and/or the Basic Mobile Banking Service to receive the Bill Pay Service.  Business Accounts (other than Closely Held Business Accounts) are not eligible for this Service.

6.k.3.  Cutoff Time.  Payment Instructions entered before 3:00 PM Mountain Time on a Business Day will be recognized on the same Business Day and Payment Instructions entered after this cutoff time will be recognized the next Business Day.

6.k.4.  Payment Scheduling.  The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Bill Pay Service is offered when you are scheduling the payment.  Therefore, the Bill Pay Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.  When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due 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 must be prior to any late date or grace period.  Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date.  For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.

6.k.5.  The Service Guarantee.  Due to circumstances beyond the control of the Bill Pay Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account.  The Bill Pay Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section 6.k.4 above (Payment Scheduling).

6.k.6.  Payment Authorization and Payment Remittance. By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the Site.  In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.

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

The Bill Pay Service will attempt to make all your payments properly.  However, the Bill Pay Service shall incur no liability and any Service Guarantee (as described in Section 6.k.5 above (The Service Guarantee)) shall be void if the Bill Pay Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

Provided none of the foregoing exceptions are applicable, if the Bill Pay Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Pay Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

6.k.7.  Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Bill Pay Service is offered.  There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

6.k.8.  Stop Payment Requests.  The Bill Pay Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared.  The Bill Pay Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed.  If you desire to stop any payment that has already been processed, you must contact Customer Support for the Bill Pay Service at the telephone number provided in Section 2.p above (Notices to Us).  Although the Bill Pay Service will attempt to accommodate your request, the Bill Pay Service will have no liability for failing to do so.  The Bill Pay Service may also require you to present your request in writing within fourteen (14) days.  The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

6.k.9.  Exception Payments Requests. Exception Payments may be scheduled through the Bill Pay Service; however Exception Payments are discouraged and must be scheduled at your own risk.  In no event shall the Bill Pay Service be liable for any claims or damages resulting from your scheduling of Exception Payments.  The Service Guarantee (as described in Section 6.k.5 above (The Service Guarantee)) as it applies to any late payment related charges is void when Exception Payments are scheduled and/or processed by the Bill Pay Service.  The Bill Pay Service has no obligation to research or resolve any claim resulting from an Exception Payment; all research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bill Pay Service.

6.k.10.  Bill Delivery and Presentment. The Bill Pay Service includes a feature that electronically presents you with electronic bills from select Billers.  Electronic bills may not be available from all of your Billers.  Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements.  In addition, if you elect to activate one of the Bill Pay Service's electronic bill options, you also agree to the following:

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

6.k.11.  Disclosure of Account Information to Third Parties.  It is our general policy to treat your account information as confidential.  However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy (as further described in Section 2.u. above (Privacy), in addition to the circumstances set forth in Section 2.x above (Information Authorization):

1. Where it is necessary for completing transactions;

2. Where it is necessary for activating additional services;

3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

4. To a consumer reporting agency for research purposes only;

5. In order to comply with a governmental agency or court orders; or,

6. If you give us your written permission.

6.k.12.  Biller Limitation. The Bill Pay Service reserves the right to refuse to pay any Biller to whom you may direct a payment.  The Bill Pay Service will notify you promptly if it decides to refuse to pay a Biller designated by you.  This notification is not required if you attempt to make a prohibited payment as set forth in Section 3.c above (Prohibited Payments) or an Exception Payment under this Agreement.

6.k.13.  Returned Payments. In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Pay Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full.  The Bill Pay Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account.  You may receive notification from the Bill Pay Service.

6.k.14.  Information Authorization. In addition to Section 2.x above (Information Authorization), you agree that the Bill Pay Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

6.l.  Account to Account Transfers.

6.l.1.  Key Definitions.  The following definitions apply to this Section 6.l.

"Eligible Transaction Account" is as defined in Section 2.a above (Key Definitions), except that it shall be limited to a checking, money market or savings account that you hold with us.

"External Account" is as defined in Section 2.a. above (Key Definitions), except that it 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.

"Transfer Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

"Transfer Instruction" is a specific Payment Instruction (as defined in Section 2.a above (Key Definitions)) that you provide to the Account to Account Transfer Service for a transfer of funds.

6.l.2.  Description of the Service.  The Account to Account Transfer Service provides you with the ability to transfer funds between Eligible Transaction Accounts that you maintain with us and your accounts that are maintained by other financial institutions.  You must be enrolled in the Basic Online Banking Service and/or the Basic Mobile Banking Service to receive the Account to Account Transfer Service.  Business Accounts (other than Closely Held Business Accounts) are not eligible for this Service.

6.l.3.  Cutoff Time.  Transfer Instructions entered before 11:00 PM Mountain Time (for Standard Transfers) and 5:00 PM Mountain Time (for Express Pay Transfers) on a Business Day will begin processing on that Business Day and Transfer Instructions that are entered after these cutoff times will begin processing on the next Business Day.  Whether a transfer designated as an Express Pay Transfer occurs as an Express Pay Transfer is also dependent upon the receiving bank’s processes. 

6.l.4.  Processing of Transfers.  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 Transfer Account as described below in Section 6.l.8 below (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 Transfer Account as described below in Section 6.l.8 below (Service Fees and Additional Charges).  You also authorize us to reverse a transfer from the applicable Transfer Account if the debit is returned from the other Transfer Account in the transaction for any reason, including but not limited to nonsufficient funds.

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:

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 Transfer 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.l.5.  Transfer Methods and Amounts. Section 3.d above (Payment Methods and Amounts) applies to the Account to Account Transfer Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Transfer Account.

6.l.6.  Transfer Cancellation Requests and Refused Transfers.  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 Transfer 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.

6.l.7.  Stop Payment Requests.  If you desire to stop any transfer that has already been processed, you must contact Customer Support for the Account to Account Transfer Service at the telephone number provided in Section 2.p above (Notices to Us).  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.

6.l.8.  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 Transfer 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 Transfer 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 3.g above (Failed or Returned Payment 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 3.g above (Failed or Returned Payment Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.

6.l.9.  Refused Transfers. We reserve the right to refuse any transfer.  We will notify you promptly if we decide to refuse to transfer funds.  This notification is not required if you attempt to make a transfer that is not allowed under this Agreement.

6.l.10.  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 Transfer Account or void the transfer and credit your Transfer Account from which you attempted to transfer funds.  You may receive notification from us.

6.m.  Popmoney.

6.m.1.  Key Definitions.  The following definitions apply to this Section 6.m.

"Popmoney Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney Service.

"Receiver" is a person or business entity that is sent a Payment Instruction through the Popmoney Service.

"Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.

"Sender" is a person or business entity that sends a Payment Instruction through the Popmoney Service.

6.m.2.  Description of the Service.  The Popmoney Service provides you with the ability to:  (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable).  You must be enrolled in the Basic Online Banking Service and/or the Basic Mobile Banking Service to receive the Popmoney Service.  Business Accounts (other than Closely Held Business Accounts) are not eligible for this Service.

6.m.3.  Cutoff Time.  Payment Instructions entered before 11:00 PM Mountain Time (for Standard Transfers) and 5:00 PM Mountain Time (for Express Pay Transfers) on a Business Day will begin processing on that Business Day and Payment Instructions that are entered after these cutoff times will begin processing on the next Business Day.  Whether a transfer designated as an Express Pay Transfer occurs as a Express Pay Transfer is also dependent upon the receiving bank’s processes and the timely acceptance by the Receiver.

6.m.4.  Additional Terms and Conditions.  Although the ACH Network is often used to execute Popmoney Service Payment Instructions for the Popmoney Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions.  All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time.  Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.

6.m.5.  Payment Authorization and Payment Remittance.

a. By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Popmoney Service.  Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.

b. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf.  You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed.  You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.

c. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name.  You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers.  We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 4.a  above (In Case of Error or Questions About your Electronic Transactions).

d. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

e. We will use reasonable efforts to complete all your Payment Instructions properly.  However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

f. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Popmoney Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate.  We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

6.m.6.  Initiation of Payment Instructions.  You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates.  Further details about each of these options can be found on the Site.

Payment Instructions initiated to Receivers are processed in two ways.  You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds.  Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (a) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (b) provide Eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer").  If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation.  However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction.  If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s).  However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date.  In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account), or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered.  The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days.  You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.  Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of Section 6.m.8 below (Payment Cancellation, Stop Payment Requests and Refused Payments).

6.m.7.  Receiving Payments.  If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Popmoney Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.  Or, as applicable, if another person wants to send you a gift card using the Popmoney Service, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service and makes available the purchase of gift cards through the Popmoney Service.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account.  You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Popmoney Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the Sender, because there were not sufficient funds in the Sender's account, or for any other reason, then you hereby authorize us or our Popmoney Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney Request using the Popmoney Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent.  Further details about the foregoing can be found on the Site.  You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

6.m.8.  Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun.  Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing.  Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so.  We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting Customer Support.  If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current fee schedule.  Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins.  When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment.  You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a Payment Instruction initiated or attempted through the Popmoney Service.  We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

6.m.9.  Mobile Phone Users. Your phone service provider is not the provider of the Popmoney Service.  Users of the Popmoney Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided.  Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device.  You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.  If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.

6.m.10.  Refused Payments. We reserve the right to refuse to pay any Receiver.  We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender.  This notification is not required if you attempt to make a prohibited payment under this Agreement.

6.m.11.  Returned Payments. In using the Popmoney Service, you understand that Receivers may reject Payment Instructions or otherwise return payments.  We will use reasonable efforts to complete Payment Instructions initiated through the Popmoney Service.