• E-SIGN Consent for Consumer Online Banking

    As part of your banking relationship with us, you are entitled by law to receive certain information in writing. The federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") allows us to provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. Therefore, before you can access products and services electronically through the Online Banking website, our mobile website or our downloadable mobile banking application (collectively, “Online Banking”), you must review and consent to the terms outlined below.

    Disclosures, notices, records, and other information we provide to you may be in electronic format, at our sole option ("Electronic Records"). We may also use and obtain from you electronic signatures (for example, when you click a button or enter a password on an Online Banking screen as evidence of your consent or agreement to something). We will continue to deliver your periodic account statements on paper unless either: (1) we give you the option to receive electronic statements instead and you elect to do so by agreeing to such service in which case such electronic statements shall be covered by these terms; (2) your paper statements are repeatedly returned to us as undeliverable and we elect, at our option, to attempt delivery to an electronic address; or (3) when permitted by law, we tell you the statement will be delivered electronically at the time the eligible account is created. You also agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.onewestbank.com. We reserve the right, in our sole discretion, to communicate with you by US Postal Service.

    Electronic Records may be delivered to you by one or more of the following methods selected by us: by email; by posting on a website or mobile website; via our mobile application; or by text (SMS) message.

    If we provide you with Electronic Records, and you want a copy in paper, you may contact us at 877.741.9378 or visit one of our branches and request a paper version. You may be subject to a fee for your request unless prohibited by applicable law. Please refer to your Account Disclosures, Fee Schedule, and Online Banking Agreement for the fee that may apply. For deposit accounts, if you request a paper version of Account Disclosures, Online Banking Agreement, any related addenda, or our Privacy Policy, the paper version will be mailed to you at no cost.

    Your consent covers all of your transactions relating to each product or service that you agree to obtain or access electronically, and remains in effect until you withdraw your consent.

    You have the right to withdraw your consent at any time and at no cost to you. Please be aware that withdrawal of consent will result in the termination of your access to Online Banking. If you have enrolled for electronic statements (“eStatements”), the termination will cause paper statements to be mailed to you via US Postal Service. If you wish to withdraw your consent, you must contact us by calling 877-741-9378 or by using the “Contact Us” link accessible after you log into Online Banking.

    In order for us to be able to provide you with important notices and other information from time to time, you must ensure that the contact information in your Online Banking profile is current. This includes, but is not limited to, name, address, phone numbers, and e-mail or other electronic addresses. There may be other special services for which we may provide separate instructions to update for email or other electronic address.

    In order to access, view, and retain Electronic Records, including the above referenced important notices and other information, you must have:

    1. Access to hardware, meaning a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, or downloading our mobile apps with the Current Version (as defined below) of the following:
      • an operating system, such as Windows, Mac OS, iOS or Android, and
      • a web browser, such as Internet Explorer, Chrome, Safari or Firefox, that we support.
    2. A connection to the Internet;
    3. Local electronic storage capacity to retain Electronic Records and/or a printer to print them;
    4. A valid e-mail account and software to access it;
    5. Software that enables you to view and display files in HTML and PDF format.

    By "Current Version," we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we may provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software or an operating system if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.

    If a change in hardware or software is needed in order for you to access or retain any Electronic Records via the Online Banking Service, and that change would create a material risk that you would no longer be able to access or retain your Electronic Records, we will give you advance notice of the revised hardware or software requirements. You will have the right to withdraw your consent to this Agreement at that time at no cost to you. However, withdrawing your consent to this Agreement will terminate your use of the services associated with Online Banking to which you have previously agreed electronically. Continuing to use the Online Banking Service after receiving such notice of change is reaffirmation of your consent.

    By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all co-owners of your accounts.

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    OneWest Bank Online Agreement

    This Online Banking Agreement (Agreement) states the terms and conditions for OneWest Bank's Online Banking services (the "Services"). The Services allow OneWest Bank deposit account customers the ability to perform many account transactions through OneWest Bank's internet websites using their personal computer, and for certain functions, a mobile device such as a cellular telephone or tablet. The Services include basic functions such as viewing account activity, balances and statements; transferring funds between OneWest Bank accounts and placing self- service requests including re-ordering checks and stopping payment on checks. In addition, the Services include optional functions such as E-Statements, Bill Payment, External Transfers, Mobile Banking and Remote Deposit Capture, some of which may require separate enrollment and have additional terms of use. This Agreement shall govern all of these Services and supplements, as applicable, the Account Disclosures for Personal Accounts or the Account Disclosures for Business Accounts (including any product descriptions and fee schedules contained therein collectively the "Account Disclosures") as well as any other agreements governing any products or services which are linked to your deposit accounts such as a Line of Credit Agreement. If there is any conflict between the terms of this Agreement and any other agreement or disclosure governing your accounts this Agreement shall control as to the terms applicable to the Services, to the extent necessary to resolve the conflict.

    In this Agreement, "you", "your", and "yours" refer to the person who holds the account. The words "we", "our", and "us" mean OneWest Bank, a division of CIT Bank, N.A. ("OneWest Bank"). "OneWest Parties" means OneWest Bank and its affiliates and service providers as well as the officers, directors, agents, employees, representatives, and contractors of each of these.

    1.0 ONLINE BANKING AGREEMENT- ACCEPTANCE/AMENDMENT/TERMINATION  

    1.1 Acceptance of this Agreement  

    By enrolling in and using any of our Online Banking Services, you agree and consent to all terms and conditions of this Agreement which includes your authorization for us to accept your electronic instructions to perform specific functions initiated by you on our Online Banking website. This Agreement is provided to you and accepted by you electronically pursuant to the E-Sign Disclosure and Consent (which is set forth elsewhere in this Agreement) you agreed to when you began the enrollment process for Online Banking. We recommend that you print this Agreement for your records, or you may obtain a paper copy of this Agreement at no charge by calling our Customer Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471.

    1.2 Amendments to this Agreement  

    We may change the terms of this Agreement (including adding new or different terms or removing terms) at anytime, including changes to the Services. When changes are made we will update this Agreement on our website on or before the effective date of such changes, unless an immediate change is necessary to maintain the security of the system or to comply with legal requirements. We will notify you of any changes as required by law through our Online Banking website. By continuing to use the Services after we notify you of any changes, you agree to such changes. You may obtain a paper copy of any amendments or changes to this Agreement by calling our Customer Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471. A copy of our current Online Banking Agreement is also available on our Online Banking website via the appropriate link.

    1.3 Termination of this Agreement  

    This Agreement remains in effect until it is terminated by either you or us. You may remove your consent or otherwise terminate this Agreement by notifying us of your intention to cancel Online Banking by calling 1.877.741.WEST. We may terminate this Agreement and your participation in Online Banking at any time, for any reason, including non-usage or inactivity. Although we will try to notify you in advance of our termination, we are not obligated to do so. Once we have acted upon your termination notice: (1) we will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized; (2) we will discontinue any email alerts you may have set up via Online Banking; and (3) you will no longer be able to view account balances and histories of your eligible accounts; and (4) you will no longer be able to submit your electronic authorizations or instructions to perform internal transfers or any of our self-service functions. If you choose to terminate this Agreement and want to ensure that any outstanding authorized payment or transfer is not made, you should cancel all scheduled payments or transfers prior to notifying us that you are discontinuing this service. Please note that your cancellation of the Online Banking under this Agreement does not terminate your OneWest Bank accounts. Conversely, if you close your designated OneWest Bank account(s), your Online Banking services will end, and all unprocessed transfers and payments will be canceled. There is no fee specifically associated with cancelling Online Banking and/or this Agreement.

    2.0 GENERAL TERMS FOR ONLINE 8BANKING SERVICES  

    2.1 Online Banking Enrollment  

    It is important to keep your password confidential to prevent unauthorized transactions on your OneWest Bank accounts. We recommend that you use different passwords for telephone banking and Online Banking. If you forget your password, you may use the "forgot your password" link on the login page or if you need assistance establishing Online Banking you may call our Customer Care Center and speak to one of our representatives at 1.877.741-9378. You should change your password frequently to help safeguard the security of your accounts. Our employees will never contact you via email or by phone requesting your online password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately at 1.877.741.9378.

    2.2 Business Days  

    Our business days are Monday through Friday, excluding Federal holidays. You may use your computer to access the Online Banking services 24-hours a day, seven days a week, except when the system is unavailable. The system may be unavailable due to scheduled and/or unscheduled maintenance and system outages. We are not responsible for the unavailability of the Online Banking system or any consequential damages that may result from its unavailability.

    2.3 Customer Service  

    You may contact our Customer Care Center at 1.877.741.9378 or email CustomerCare@owb.com.

    2.4 Electronic Mail (email)  

    You should not use email to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within our Online Banking website.

    2.5 In Case of Errors or Questions About Your Electronic Transfers

    Call us at 1.877.741.WEST or write us at OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471 as soon as you can if you think your statement or receipt is wrong or if you need more information about an Online Banking or other electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

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

    In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. If you have been given provisional credit, the amount will be deducted from your account. You may ask for copies of the documents that we used in our investigation.

    2.6 Your Liability for Unauthorized Electronic Fund Transfers  

    Tell us AT ONCE if you believe your Card, PIN, password or other means to access your account has been lost or stolen, or if you believe that an Online Banking or other electronic fund transfer has been made without your permission using information from your check, Card, PIN, password or other means to access your account. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your Card, PIN, password, or other means to access your account, you can lose no more than $50 if someone used your Card, PIN, password or other means to access your account without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card, PIN, password, etc. and we can prove we could have stopped someone from using your Card, PIN, password, etc. without your permission if you had told us, you could lose as much as $500.

    If your statement shows Online Banking or other electronic transfers that you did not make, including those made by Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

    2.7 Business and Other Non-Personal Accounts  

    The provisions above entitled "Our Liability for Failing to Make Transfers," "Your Liability for Unauthorized Electronic Fund Transfers," and "In Case of Errors or Questions About Your Electronic Fund Transfers" do not apply to business or other non-personal accounts. You should notify us immediately if you discover any unauthorized transactions or errors involving your Account. You must send us a written notice of the problem within a reasonable time, not to exceed 14 days from the date of discovery or your receipt of the first statement or notice reflecting the problem, whichever occurs first. You agree to assist us in the investigation and prosecution of claims for unauthorized transactions by completing the appropriate reports and statements requested by us. You agree to notify us immediately in writing whenever there is a change of signatories on the account. You are liable for all unauthorized transactions made with your Card or the PIN associated with your Card, password or other access device that occur prior to the time you notify us to cancel your Card, that an unauthorized transaction has taken place, or that your Card, PIN or other password has been lost or stolen. It is important that you review your statements closely. Debit Card transactions are not considered unauthorized if they are made by a business co-owner or any other person with an interest in or authority to transact business on your Account, even if the person exceeds any authority given by you.

    2.8 Privacy/ Disclosure of Account Information to Third Parties  

    OneWest Bank recognizes that our customers and others visiting our online websites have an expectation of privacy in their dealings with us. For these reasons, OneWest Bank takes the security and privacy of customer information very seriously. Please see OneWest Bank's Privacy Policies, which can be found on our website at www.onewestbank.com and clicking on the Privacy and Security link at the bottom of the page for more specific terms and conditions.

    We may disclose information to third parties about your account or the transactions you make in the following situations:

    • Where it is necessary for completing transactions;
    • Where it is necessary for activating additional services;
    • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
    • In order to comply with a governmental agency or court orders;
    • If you give us your written permission; or,
    • In accordance with our Privacy Policy.

    2.9 Address or Contact Information Changes  

    It is your responsibility to ensure that the contact information in your Online Banking profile is current and accurate. This includes, but is not limited to, name, address, phone numbers, and email address.

    2.10 Your Responsibility  

    You are responsible for all transfers you authorize using our Online Banking services. If you permit other persons to use the Online Banking services or your password, you are responsible for any transactions they authorize from your accounts whether or not you intended that they perform these transactions. Transactions that you initiate, or someone acting with your authorization initiates, with fraudulent intent, will also be considered authorized transactions. You must notify us immediately if you believe any of your accounts have been accessed without your permission or your password has been compromised. Contacting us immediately will help you reduce possible losses.

    2.11 Disputes  

    The dispute resolution provisions which are part of the Account Disclosures booklet you received when you opened your account(s) with us, and as amended thereafter, govern any dispute between you or us under this Agreement.

    2.12 Assignment  

    You may not assign this Agreement to any other party. We may assign this Agreement to any successor in interest to whom your accounts are assigned and any of our affiliated companies. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

    2.13 No Waiver  

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

    2.14 Complete Agreement, Severability, Captions  

    This Agreement 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 prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what any of our employees or agents say, and the terms of this Agreement, the terms of this Agreement will prevail. 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 hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

    2.15 Governing Law  

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

    2.16 Intellectual Property  

    All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors.

    2.17 Exclusions of Warranties  

    THE ONLINE BANKING SERVICES AND 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.

    2.18 Limitation of Liability  

    IN NO EVENT SHALL THE ONEWEST PARTIES BE LIABLE FOR ANY:

    • CLAIM ARISING FROM OR RELATED TO THE ONLINE BANKING SERVICES CAUSED BY OR ARISING OUT OF ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE BEYOND OUR REASONABLE CONTROL.
    • INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, 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.
    • CLAIM ARISING FROM OR RELATED TO THE ONLINE BANKING SERVICES 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 WITHIN ONE (1) YEAR 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.

    THE AGGREGATE LIABILITY OF THE ONEWEST PARTIES TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE ONLINE BANKING SERVICES AND UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS), UNLESS A LOWER LIMIT IS APPLICABLE TO ANY SPECIFIC SERVICE AS STATED ELSEWHERE IN THIS AGREEMENT.

    THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF THE ONEWEST PARTIES UNDER THIS AGREEMENT.

    2.19 Consent to Receive Telephone Calls/Text & SMS Messages  

    When you provide us with your residential, business or mobile telephone number you are deemed to have expressly consented to receiving telephone calls and text or SMS messages to such numbers. You also consent to receipt of such calls or messages made by us using an autodialer and/or prerecorded or artificial voice messages to provide the online banking services.

    2.20 Transfer Limitations for Savings and Money Market Accounts

    Your ability to transfer funds from savings and money market accounts is limited by federal regulations as described in our Account Disclosures. You are limited to six preauthorized electronic fund transfers, telephone transfers, automatic transfers to another account to pay checks, and point-of-sale transactions per monthly statement cycle. Each transfer or payment through our Online Banking from your money market or savings account is counted as one of the six transfers permitted each statement period. You will be charged an excess activity fee each time you exceed the transaction limitations noted. Please refer to our current fee schedule (a copy of which you received when you opened your account) or call our Customer Care Center at 1.877.741.9378 for details. Should excessive withdrawals or transfers continue on your money market deposit or savings account, we may either close your account or convert it to a checking account with unlimited check writing.

    2.21 Cut-Off Times

    The following cutoff times pertain to specific Online Banking transactions. Transactions received on any business day prior to the cutoff time indicated below will normally be posted the same day.

    • External Funds Transfers: 4:00 PM PT
    • Bill Payments: 6:00 PM PT
    • Zelle: 10:00 PM PT
    • Mobile Remote Deposit Capture: 4:00 PM PT

    Transactions received via Online Banking on any business day after the cutoff time indicated will be posted by the next business day after we received your transaction. For bill payments, the cutoff time is in addition to and in advance of any processing time required to ensure payment by the "Deliver By Date" as outlined in the "Bill Payment Terms of Use" (which is normally four or five business days).

    2.22 Online Banking Service Charges

    Online Account Access Free
    Bill Pay Service Free
    Bill Pay NSF Fee $30
    Bill Pay Stop Payment $20
    External Transfer NSF Fee $30


    Our Online Banking fees and charges are in addition to the fees and charges that apply to your accounts with us as described in our current Account Disclosures, any disclosure addenda, the Line of Credit Agreement and Disclosure, and any other credit agreements you have with us. In addition, fees may be assessed for performing additional services through Online Banking, such as processing stop payment requests, check and statement copy orders and transactions that result in non-sufficient funds. Consult your account agreements for details. Finally, you should note that depending upon how you access your Online Banking you may incur Internet service provider fees and telephone charges.

    3.0 E-SIGN: YOUR CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES

    As part of your banking relationship with us, you are entitled by law to receive certain information in writing. The federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) allows us to provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. Therefore, before you can access products and services electronically through the Online Banking website, our mobile website or our downloadable mobile banking application (collectively, “Online Banking”), you must review and consent to the terms outlined below.

    Disclosures, notices, records, and other information we provide to you may be in electronic format, at our sole option ("Electronic Records"). We may also use and obtain from you electronic signatures (for example, you're clicking a button or entering a password on an Online Banking screen as evidence of your consent or agreement to something). We will continue to deliver your periodic account statements on paper unless either: (1) we give you the option to receive electronic statements instead and you elect to do so by agreeing to such service in which case such electronic statements shall be covered by these terms; (2) your paper statements are repeatedly returned to us as undeliverable and we elect, at our option, to attempt delivery to an electronic address; or (3) when permitted by law, we tell you the statement will be delivered electronically at the time the eligible account is created. You also agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.onewestbank.com. We reserve the right, in our sole discretion, to communicate with you by US Postal Service.

    Electronic Records may be delivered to you by one or more of the following methods selected by us: by email; by posting on a website or mobile website; via our mobile application; or by text (SMS) message.

    If we provide you with Electronic Records, and you want a copy in paper, you may contact us at 877.741.9378 or visit one of our branches and request a paper version. You may be subject to a fee for your request unless prohibited by applicable law. Please refer to your Account Disclosures, Fee Schedule, and Online Banking Agreement for the fee that may apply. For deposit accounts, if you request a paper version of the Account Disclosures, Online Banking Agreement, any related addenda, or our Privacy Policy, the paper version will be mailed to you at no cost.

    Your consent covers all of your transactions relating to each product or service that you agree to obtain or access electronically, and remains in effect until you withdraw your consent.

    You have the right to withdraw your consent at any time and at no cost to you. Please be aware that withdrawal of consent may result in the termination of your access to Online Banking. If you have enrolled for electronic statements (“Online Statements”), the termination will cause paper statements to be mailed to you via US Postal Service. If you wish to withdraw your consent, you must contact us by calling 877-741-9378 or by using the “Contact Us” link accessible after you log into Online Banking.

    In order for us to be able to provide you with important notices and other information from time to time, you must ensure that the contact information in your Online Banking profile is current. This includes, but is not limited to, name, address, phone numbers, and e-mail or other electronic addresses. There may be other special services for which we may provide separate instructions to update for email or other electronic address.

    To use Online Banking, a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), a printer if you wish to print out and retain records, disclosures, etc. on paper, and a current and valid email address are required. You are responsible for the installation, maintenance, and operation of the computer and browser software, or the personal device and its software and applications that you use for Online Banking.

    In order to access, view, and retain Electronic Records, including the above referenced important notices and other information, you must have:

    If you access your account through our mobile applications, the following mobile operating systems are supported: Apple iOS 6.0 or later and Android OS 4.0 or later.

    1. Access to hardware, meaning a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, or downloading our mobile apps with the Current Version (as defined below) of the following:
      1. an operating system, such as Windows, Mac OS, iOS or Android, and
      2. a web browser, such as Internet Explorer, Chrome, Safari or Firefox, that we support.
    2. A connection to the Internet;
    3. Local electronic storage capacity to retain Electronic Records and/or a printer to print them;
    4. A valid e-mail account and software to access it;
    5. Software that enables you to view and display files in HTML and PDF format.

    By "Current Version," we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we may provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software or an operating system if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.

    If a change in hardware or software is needed in order for you to access or retain any Electronic Records via Online Banking, and that change would create a material risk that you would no longer be able to access or retain your electronic records, we will give you advance notice of the revised hardware or software requirements. You will have the right to withdraw your consent to this Agreement at that time at no cost to you. However, withdrawing your consent to this Agreement will terminate your use of the services associated with Online Banking to which you have previously agreed electronically. Continuing to use Online Banking after receiving such notice of change is reaffirmation of your consent.

    By providing your consent you are also confirming that you have the hardware and software described above, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all co-owners of your accounts.

    4.0 ONLINE STATEMENT: CONSENT AND AUTHORIZATION FOR ELECTRONIC TRANSMISSION OF ACCOUNT STATEMENTS  

    This service allows you to view current and past account statements for all of your accounts on a secure website. To sign up for Online Statements, you must enroll via the "Statements" option under the "Accounts" menu within Online Banking .

    Pursuant to your account agreement with us, you may be entitled to receive periodic account statements in connection with your account(s), such as checking, savings or money market account statements ("account statements"). When you enroll for and use the Online Statements service, you authorize us to discontinue sending such periodic account statements via postal mail service for all of your eligible accounts and instead to deliver such periodic account statements electronically ("Online Statements") subject to the terms of this Consent and Authorization and the terms of the E-Sign Consent you agreed to when you enrolled for Online Banking. The term "Online Statements" also includes any disclosure or change in terms notification in connection with your account(s) in electronic format that we would otherwise include with periodic account statements sent by mail. We will send an email to your primary email address notifying you that an Online Statement is ready to be viewed on the Online Banking Service website. You will no longer receive paper copies periodic account statements, and we may at our sole discretion, continue to send you change in terms notifications on paper via postal mail service.

    Your agreement to this Consent and Authorization shall be legally binding on all owners of the account If any account that you consent to receive Online Statement is a joint account, you acknowledge that your consent and authorization has been authorized by each of the joint accountholders.

    Your consent to receive account statements electronically is voluntary and may be withdrawn at any time by writing to us at 75 N. Fair Oaks Ave. Pasadena, CA 91103, by calling 1.877.741.9378, or by sending us an email at customercare@owb.com, and subject to our confirmation of your request, such withdrawal shall become effective no later than thirty (30) days after receipt by us. Following completion of this change, your account statements will be sent in paper form via postal mail service subject to fees, if any, as set forth, as applicable, in the Fee Schedule, the Account Disclosures for Personal Accounts or the Account Disclosures for Business Accounts and any related addenda (collectively, the "Account Disclosures").

    In order to use Online Statements, your computer system must meet the minimum system requirements set forth in the E-Sign Consent. You must maintain a printer capable of printing any Online Statements that are emailed to you and/or made available on our Online Banking website, or in the alternative, you must have the ability to electronically save and visually display on your computer screen any such Online Statements. We recommend that you print a copy of all Online Statements for your records.

    You must to maintain a valid, active email address and promptly notify us of any change in your email address by updating your email address for Online Statements on the Online Banking website. We are not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from Online Statements or notifications sent to an invalid or inactive email address or postal address that you have provided.

    You may request a paper copy of any periodic regular Account Statement subject to the fee as set forth in the Fee Schedule. Paper copies of any disclosures or change in terms notifications included in an Online Statement will be provided at no charge.

    If you disclose your online banking password to other people, they may also have the ability to access your account statements, and you will be responsible for any transactions they may complete. You must notify us immediately if you believe any of your accounts have been accessed or your online banking password has been used without your permission to access your accounts.

    For those deposit accounts eligible for a waiver of the monthly service fee if Online Statements have been set-up, the eligible deposit account will be subject to the applicable monthly service fee for the statement period during which you signed up for Online Statements. In the event you cancel your Online Statements, the affected deposit account will once again be subject to the applicable monthly service fee for the statement period during which you cancelled Online Statements.

    We reserve the right to discontinue the Online Statements service at any time.

    5.0 BASIC ONLINE BANKING SERVICES  

    Online Banking provides a core set of basic banking functions described below. Additional optional services for which you must enroll separately are described later in this Agreement.

    5.1 Account Balances  

    Account balances are available through Online Banking for your linked checking, savings and money market accounts, certificate of deposits including retirement accounts and line of credit account. Online Banking lists your account balance as well as your available balance in real time as of the time of the transaction. Your account balance may include unavailable funds. The available balance consists of funds that are readily available for withdrawal.

    5.2 Internal Transfers  

    Internal transfers can be made from any checking, money market or savings account on either a "one time" or "recurring" (at regular intervals) basis. Transfers can be processed between eligible accounts that share one common owner. You must be an owner of and have the unrestricted right of withdrawal from all eligible accounts to and from which you request any transfers. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security reasons. When you use this service, you must have sufficient funds available on the date of the transfer (or scheduled transfer date) in the selected account (including available overdraft protection coverage, if applicable) to cover the amount of the transfer.

    5.3 Viewing Transaction History  

    You may view transaction history information on any of your savings, money market, or checking accounts

    5.4 Viewing Paid Checks  

    You may view and print checks (front and back) drawn and paid against your checking and money market accounts. You will be able to view check images for at least 90 days after the check was paid against your account.

    5.5 Email and Text Alerts  

    You may set up automatic email or text alerts to yourself when certain events occur on accounts designated by you. These include, for example: (1) balance alerts when your account balance falls below and increases above an amount specified by you; (2) transaction alerts when any deposit or withdrawal transaction greater or less than an amount specified by you occurs on your account; or (3) email alerts that notify you when there is a secure message for you from us on our Online Banking website. A complete list of all available alerts can be found on the Online Banking website. It is therefore important that you keep your email address current. There are no fees specifically associated with setting up or cancelling these alerts. In addition to the alerts you set up, we will use e-mail or text alerts to communicate with you regarding your accounts from time to time.

    5.6 Text Message Alerts (SMS) Terms of Use

    If you set up Text Alerts the following Terms of Use apply:

    • Your wireless carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. We do not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
    • By subscribing, you consent to receiving up to 90 SMS messages per day, including text messages from us which may include offers from us, our affiliates and partners. You can unsubscribe at any time from all services by sending STOP to 20736.
    • You represent that you are the owner, or authorized user of the wireless device you use to subscribe to the service, and that you are authorized to approve the applicable charges.
    • We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
    • Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
    • The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
    • The service is available only in the United States.
    • We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
    • If you have any questions, email CustomerCare@owb.com. You can also text the word HELP to 20736 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.

    5.7 Account Services  

    We may accept your electronic instructions via Online Banking to perform any of the following self-service functions: (1) re-ordering checks for your checking or money market account (if available); (2) placing a stop payment on a check drawn against your checking or money market account; (3) ordering a copy of a periodic statement on your account; or (4) requesting a copy of a check drawn and paid against your checking or money market account. There may be a charge for one or more of these services. Refer to the Fee Schedule for details.

    6.0 BILL PAYMENT SERVICE - TERMS OF USE  

    These Bill Payment Service -Terms of Use govern your use of the Bill Payment Service.

    6.1 Definitions  

    "Service" means the bill payment service.
    "Terms of Use" means these terms of use for the Service.
    "Bill" means the statement (paper or electronic) from the Biller for which a payment is to be made using the Service.
    "Biller" is the person or entity to which you wish a payment to be directed through the Service or is the person or entity from which you receive electronic bills, as the case may be.
    "Payment Instruction" is the information provided by you to the Service for a payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
    "Payment Account" is the checking or money market account from which payments will be made through the Service.
    "Billing Account" is the checking account from which all Service fees will be automatically paid.
    "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
    "Send On Date" is the day your payment will be processed and your Payment Account will be debited.
    "Deliver By Date" is the date your payment will be delivered to the Biller.
    "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

    6.2 Payment Authorization and Payment Remittance  

    By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive from you. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives.

    When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds on your behalf on the Send On Date so that the funds arrive by the Deliver By Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to you. A checking account that requires more than one signature to make withdrawals may not be used as the Payment Account.

    6.3 Payment Scheduling 

    The earliest possible Send On Date for each payment will be determined when you are scheduling the payment and may depend upon the method by which the payment will be remitted to the Biller. Therefore, you will not be able to select a Send On Date sooner than the earliest possible Send On Date designated when entering a Payment Instruction. You may also use Bill Payment to automatically pay bills that have a fixed frequency and amount. Once automatic bill payments are initially set-up and transmitted, they are made without having to transmit the payment again.

    6.4 Payment Methods  

    We reserve the right to select the method by which funds will be remitted to your Biller. These payment methods may include, without limitation, electronic payments, electronic to check payments, or laser draft payments. If remitted by laser draft, funds are deducted from your Payment Account when the laser draft is presented to us for payment.

    6.5 Prohibited Payments  

    Payments to Billers outside of the United States or its territories are prohibited. In addition, payments that violate any law, statute, ordinance or regulation, any payments related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.

    6.6 Exception Payments  

    Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and are scheduled at your own risk. In no event will we be liable for any late fees or late interest, penalties, claims or damages resulting from your scheduling of these types of payments. We have no obligation to research or resolve any claim resulting from such payments. All research and resolution associated with such payments will be your sole responsibility.

    6.7 Payment Cancellation Requests  

    You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service's on-line application. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited and a stop payment request must be submitted.

    6.8 Stop Payment Requests  

    Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We 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 Care Center. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to confirm your request in writing within fourteen (14) days. The charge for each stop payment request is defined in the applicable fee schedule.

    6.9 Bill Delivery and Presentment  

    You may elect to have your Biller electronically deliver Bills to you through the Service. This is called Electronic Billing. It is your sole responsibility to contact your Billers directly if you do not receive a Bill through the Service. If you elect to have Bills electronically delivered directly to you through the Service, the following additional terms apply:

    Information provided to the Biller- We cannot update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the Biller. You will need to make any such changes by contacting the Biller directly. We may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating Electronic Billing for that Biller, for purposes of the Biller informing you about Bill related information.

    Activation- Upon activation of Electronic Billing, we may notify the Biller of your request to have electronic billing information sent to you through the Service. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability for you to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While Electronic Billing is being activated, it is your responsibility to keep your accounts current. Each Biller will determine whether to accept or deny your request to receive electronic bills.

    Authorization to Obtain Bill Data- Your activation of Electronic Billing for a Biller shall be your authorization for us to receive bill data from the Biller on your behalf. In order to utilize Electronic Billing with some Billers, you may have to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use that information to obtain your bill data.

    Notification- We will use our best efforts to present your electronic bills promptly. In addition to on-line notification within the Service application, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that we have your current e-mail account. In the event you do not receive a notification, it is your responsibility to periodically log-on to the Service and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.

    Cancellation of Electronic Billing- The electronic Biller may cancel the presentment of electronic bills at any time. You may cancel Electronic Billing at any time. The time for cancellation of your Electronic Billing may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) that Electronic Billing has been cancelled and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic Bills that are already in process at the time of cancellation.

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

    Accuracy and Dispute of Electronic Bills- We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting you with the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic Bill information must be addressed directly with the Biller. Your use of Electronic Billing does not alter your liability or obligations that exist between you and your Billers.

    6.10 Services Fees and Additional Charges  

    Applicable fees will be charged regardless of whether the Service was used during a billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the amount of such fees or charges from your designated Billing Account and any additional charges that may be incurred by you. Any fees associated with your Billing Account and Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

    6.11 Failed Transactions  

    By using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.

    6.12 Biller Limitation  

    We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

    6.13 Returned Payments  

    By using the Service, you understand that Billers and/or the United States Postal Service may return payments to us 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. We will use our best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.

    6.14 Information Authorization  

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

    6.15 Service Termination, Cancellation, or Suspension  

    In the event you wish to cancel the Service, you may have the ability to do so within the on-line Service application, or you may contact us by:

    1. Calling our Customer Care Center at 877.741.9378 during our service hours;
    2. Send us a Secure Email from within Online Banking; and/or,
    3. Write us at:

    OneWest Bank
    75 N. Fair Oaks Ave.
    Pasadena, CA 91103

    Any payment(s) we have already processed before the requested cancellation date will be completed. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. We may terminate or suspend providing the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. In addition, if you have not made at least one bill payment or external transfer using this Service for a period of 180 days, we may deactivate your access to this service. You may then be required to contact us as indicated above in order to reactivate this Service.

    6.16 Limitation on Liability  

    We shall not be liable for late charges, interest, penalties or other amounts incurred by you for your failure to allow sufficient time for processing and delivery of any transfer so long as the Bank has complied with the provisions of this Agreement.

    Due to circumstances beyond our control, particularly delays in handling and posting payments by Billers, some transactions may take longer to be credited to your Biller account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post to the Biller account after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in these Terms of Use.

    We will use our best efforts to make all your payments properly. However, we shall incur no liability, including any reimbursement of late payment related charges, if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

    • If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft line of credit;
    • The Bill Payment Service is not working properly and you know or have been advised by us about the malfunction before you schedule the payment;
    • You have not provided us with the correct Payment Account information and/or Payment Instructions; and/or,
    • Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

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

    7.0 EXTERNAL ACCOUNT TRANSFER SERVICE - TERMS OF USE  

    These External Transfer Service -Terms of Use govern your use of the External Account Transfer Service.

    7.1. Definitions  

    "Account" means a checking, money market or savings account.

    "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

    "Recipient Account" is the account to which your funds with be credited.

    "Service" means the External Account Transfer Service.

    "Transaction Account" is the Account from which your funds will be debited, your Service fees will be automatically debited, or to which funds will be returned.

    "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

    7.2 Transfer Authorization and Processing  

    The Service enables you to transfer funds between your Accounts that you maintain with us and also between your Account(s) with us and your Account(s) at other financial institutions. You must be the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you on the date selected by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.

    7.3 Transfer Limits  

    We may, at our sole discretion, impose limits (per transfer limit, per day limit, and limit on the total dollar amount of transfers over the 7 day period preceding the transfer you are currently requesting) on the amount of money you can transfer through the Service based on your account relationship with us or our review of your credit rating obtained through an authorized bureau. We reserve the right to increase or decrease these limits from time to time. You will be notified at the time of the transfer request whether the transfer exceeds your limits. All transfers from your savings or money market account (which are limited transaction accounts) via this Service are subject to the transaction limitations (including any related fees) as set forth in the Account Disclosures.

    7.4 Prohibited Transfers  

    Transfers to Accounts outside of the United States or its territories are prohibited. In addition, transfers that violate any law, statute, ordinance or regulation, any transfers related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.

    7.5 Ownership Confirmation  

    When you request an external transfer from your Transaction Account to an account at another financial institution (the "institution") for the first time, we must first confirm your ownership of that external account by sending two (2) small "test" deposits to the external account (and 2 offset withdrawals ). We will send these test transactions to the external account via ACH within three business days of your request to add an external account. You should then check the transaction history of your external account frequently for these test transactions (each will have a transaction description of "ONEWEST BANK TRANSFER). Once these test transactions appear, record them, access the External Transfers link on OneWest Bank's Online Banking Service, and input the two test deposit amounts where requested to complete the external account registration process. Once the test deposit amounts are verified, you may then submit your external account transfer request.

    7.6 Transfer Cancellation Requests and Refused Transfers  

    You may cancel a transfer at any time until it begins processing (as shown in the Service). However, once a transfer has started processing, you will not be able to cancel the transaction. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check.

    7.7 Stop Payment Requests  

    You may not place a stop payment on any external transfer. However, you may cancel a transfer request provided that processing of the transfer has not begun.

    7.8 Service Fees and Additional Charges  

    There is no service fee for signing up for or requesting an external transfer. For each transfer returned due to insufficient funds in your Transaction Account to cover the requested transfer, a service fee of $30 will be applied to your Transaction Account. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

    7.9 Failed or Returned Transfers  

    If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed.

    7.10 Refused Transfers  

    We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a transfer prohibited under these Terms of Use.

    7.11 Returned Transfers  

    Transfers may be returned for various reasons such as, (but not limited to) Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account.

    7.12 Information Authorization  

    Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau.

    7.13 Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach  

    If we have reason to believe that you have engaged in any of the prohibited activities described in these Terms of Use or have otherwise breached your obligations under these Terms of Use or the Online Banking Agreement, we may terminate, suspend or limit your access to or use of the Service. In addition, we, in our sole discretion, reserve the right to terminate your use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations.

    7.14 Limitation of Liability  

    We shall not be liable for late charges, interest, penalties or other amounts incurred by you for your failure to allow sufficient time for processing and delivery of any transfer so long as the Bank has complied with the provisions of this Agreement.

    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:

    • If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
    • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
    • The transfer is refused as described above;
    • You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery; and/or,
    • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

    8.0 MOBILE BANKING SERVICES

    Mobile Banking Services allow you to obtain certain account related services through our Mobile Banking Website via a cell phone or other handheld mobile device ("Device") including, but not limited to, SMS text banking, mobile remote deposit capture, mobile web banking, and banking initiated by means of a downloadable application (the "Downloadable App" or "Mobile Banking App") (collectively referred to as the "Mobile Banking Services"). Your use of the Mobile Banking Services constitutes your acceptance of the Terms of Use and End User License set forth below. Mobile Banking Services, and the individual services you access through Mobile Banking Services, such as Mobile Remote Deposit Capture, are also subject to this Agreement.

    The End User License Agreement (License Agreement) grants you the limited right to install, access, and use the Downloadable App on a personal Device owned or controlled by you, solely for your own personal, non-commercial use. In the event any term of the License Agreement conflicts with any term of the Online Banking Agreement or Mobile Banking Terms of Use, the License Agreement shall control to the extent of any conflict.

    8.1 Terms of Use for Mobile Banking Services  

    8.1.1 The Mobile Banking Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from OneWest Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

    8.1.2 The Mobile Banking Services are provided by OneWest Bank and not by any other third party. You and OneWest Bank are solely responsible for the content transmitted through the text messages sent to and from OneWest Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

    8.1.3 Suspension and Termination. If you wish to terminate your use of the Mobile Banking App, please delete the Mobile Banking App according to the application delete functionality associated with your Device.

    We reserve the right to suspend, discontinue or terminate the Mobile Banking Services and/or the Mobile Banking App License at any time, immediately and without prior notice or obligation to you, and as determined in our sole discretion (i) if you violate any part of these Terms of Use, or (ii) for any other reason, or no reason. We may notify you of any such suspension, discontinuance or termination, and upon your receipt of such notice, you will immediately discontinue use of the Mobile Banking Services and uninstall the Mobile Banking App from your Device. You agree that we shall not be liable to you for any suspension, discontinuance or termination of these Terms of Use or the License.

    We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to suspend and/or deny access to the Mobile Banking Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We may discontinue or change any product or service described in or offered by or through the Mobile Banking Services at any time.

    8.1.4 Interruption of Service. The Mobile Banking Services are available through your Device when it is within the operating range of a wireless carrier. Access to and use of the Mobile Banking Services from your Device is subject to transmission limitation, delays, or interruption due to, among other things: (i) hardware failure (such as failures of your Device, services, networks, telecommunication lines and connections, and other electronic and mechanical equipment); (ii) software failure (such as bugs, errors, viruses, incompatibility of applications, utilities or systems, unreadable codes, irregularities within particular content, or configuration problems); (iii) your wireless service availability and capacity; (iv) government or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or (v) any other cause beyond our control.

    You acknowledge and agree that neither we nor our subsidiaries, affiliates, third party vendors and/or third party licensors (collectively, the "OneWest Parties") will be responsible for or liable to you for (i) for the capabilities or reliability of any equipment or software used to access the Mobile Banking Services; or (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.

    8.1.5 Disclaimer of Warranties. NO WARRANTY IS PROVIDED THAT THE MOBILE BANKING SERVICES WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE MOBILE BANKING SERVICES WILL BE UNINTERRUPTED. YOUR USE OF THE MOBILE BANKING SERVICES AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE MOBILE BANKING SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

    8.1.6 Limitation of Liability. LIABILITY OF ONEWEST PARTIES ARISING OUT OF THE USE OR INABILITY TO USE THE MOBILE BANKING SERVICES SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THE MOBILE BANKING SERVICES IN THE PRIOR MONTH.

    The foregoing limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment; failure of mechanical or electronic equipment or communication lines; telephone or other interconnect problems (e.g., you cannot access your internet service provider); unauthorized access; theft; operator errors; strikes or other labor problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to the Mobile Banking Services and we specifically disclaim all liability whatsoever with respect to our failure to protect the Mobile Banking Services or provide the Mobile Banking Services error-free or uninterrupted.

    Although the information provided to you on the Mobile Banking Services is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness, security or reliability of any information or data made available to you for any particular purpose. The OneWest Parties, will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Mobile Banking Services, or resulting from the act or omission of any other party involved in making the Mobile Banking Services, the data contained herein or the products or services offered on the Mobile Banking Services available to you, or from any other cause relating to your access to, inability to access, or use of the Mobile Banking Services, whether or not the circumstances giving rise to such cause may have been within our control or of any vendor providing software or services.

    YOU UNDERSTAND AND ASSUME THE RISKS ASSOCIATED WITH USING A DEVICE, INCLUDING MOBILE APPLICATIONS ON A DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.

    8.1.7 Privacy. You are required to use the login credentials established during activation to use the Mobile Banking Services. Login credentials are not stored on your Device. Also, Device information (including Unique Device Identifier ("UDID ") and your mobile number) may be collected and utilized during installation and use of the Mobile Banking Services or the Mobile Banking App to the extent permitted by law and any Third Party Licensors.

    We reserve the right to use login credentials (and location information if you choose to use a Mobile Banking Services location-based service): (i) for the specific purpose for which such information was provided; (ii) as disclosed at the time such information is provided; and/or (iii) as disclosed in this Privacy section. Finally, we may disclose login credentials (and location information if you choose to use a Mobile Banking Services location-based service) in order to: (i) comply with applicable laws; (ii) respond to governmental inquiries; (iii) comply with valid legal process; and (iv) protect our rights or property, the Mobile Banking Services and/or other users of the Mobile Banking Services. We may employ third party vendors to perform services on our behalf, such as administering the Mobile Banking Services. Such third party vendors will have access to login credentials (and your location information if you choose to use a Mobile Banking Services location-based service) only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose.

    Protecting the security of your information is very important to us. Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us via your Device and vice versa and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your information. By using the Mobile Banking Services, you acknowledge this risk when using the Mobile Banking Services. Your use of the Mobile Banking Services is also subject to our Privacy Policies, which can be found on our website at http://www.onewestbank.com and clicking on the Privacy and Security link at the bottom of the page.

    8.1.8 Fees. We do not charge for use of the Mobile Banking Services as of the date you agree to these Terms of Use. However, if the Mobile Banking Services utilize text messages, standard data and text rates may apply for each text message sent from or received by your Device, as determined by your wireless subscriber agreement with your wireless provider. You are solely responsible for all data usage and other charges by your wireless provider that accrue from your access to and use of the Mobile Banking Services. Other fees applicable to your accounts can be found in the Account Disclosures.

    8.1.9 Communications. By using the Mobile Banking Services you consent to receiving and accepting electronically all communications regarding the Mobile Banking Services and your account you access through Mobile Banking Services, including but not limited to these Terms of Use and any addenda or amendments to it. Your consent to receiving communications electronically includes receiving them via e-mail, text message or through the Mobile Banking Services.

    8.2 End User License Agreement for Downloadable App  

    8.2.1 Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

    8.2.2 License. Subject to the terms and conditions of this License Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This License Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

    8.2.3 Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

    8.2.4 Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

    8.2.5 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

    8.2.6 U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

    8.2.7 Miscellaneous. This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This License Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this License Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this License Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this License Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

    8.2.8 Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

    9.0 MOBILE REMOTE DEPOSIT CAPTURE – TERMS OF USE

    The Mobile Remote Deposit Capture Services ("Mobile RDC") allow you to make deposits to your designated eligible accounts by using a compatible cellular phone or other handheld device to scan original paper checks and electronically deliver the images and associated deposit related information to us. Your enrollment in and use of Mobile RDC constitutes your acceptance of the Terms of Use set forth below. Your use of Mobile RDC is also governed by the Online Banking Agreement including the Mobile Banking Services Terms of Use and Mobile Banking End User License Agreement.

    9.1 User Qualifications
    You must elect to enroll in Mobile RDC and we must approve you based upon qualification criteria we determine in our sole discretion. You must obtain and maintain, at your sole expense a compatible handheld device and associated wireless service plan from your wireless provider. You must also download and install on your device our Mobile Banking App.

    9.1 Eligible Checks
    You can only scan and deposit original paper checks (as defined in the Expedited Funds Availability Act/Regulation CC) that are drawn on or payable through U.S. financial institutions. We are not obligated to accept for deposit any check image that we determine to be ineligible for Mobile RDC including but not limited to:

    • Checks payable to a third party;
    • Demand drafts or remotely created checks (i.e., checks lacking the original signature of the drawer);
    • Checks drawn on the same account;
    • Checks that are altered, incomplete, damaged or irregular in any way (e.g., where the numerical and written amounts are different);
    • Checks that are postdated or more than 6 months old;
    • Checks drawn on a foreign bank or payable in a foreign currency;
    • Checks payable to “Cash;”
    • Registered government warrants;
    • Monetary instruments such as travelers checks, U.S. Savings Bonds, etc.
    • Any check that you suspect is fraudulent or not properly authorized; or
    • Any check or checks that exceed the transaction limitation(s) that we establish from time to time.

    9.2 Image Quality
    The image of a check transmitted via Mobile RDC must be legible. The image quality of the checks must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. The images of the front and back of each check must legibly display all of the following fields of information:

    • The amount of the check
    • The payee
    • The drawer's signature
    • The date of the check
    • The check number
    • The information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field.
    • All endorsements on the back of the check

    9.3 Endorsements
    You agree to restrictively endorse the back of each check “For Remote/Mobile Deposit Only at CIT Bank, N.A. to Account [insert your account number with us]” or similar wording.

    9.4 Receipt of Check Images
    We reserve the right to reject any check image transmitted through Mobile RDC at our discretion without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. An image of a check shall be deemed received when you receive confirmation from us that we have received the check image. Receipt of confirmation does not mean that the transmission was error-free or complete, or that your account will not be charged back for the amount of the deposit if the check image is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.

    9.5 Disposal of Transmitted checks
    Upon confirmation of crediting of your deposit to your account you agree to:

    • Mark the check as "Electronically Presented" or "Void"
    • Properly store the check to ensure that it is not presented again for payment by you or any other person.
    • Retain all checks deposited through Mobile RDC for a period of 30 business days following which you will dispose of the check in manner that will prevent its being presented again, such as by shredding the check
    • Promptly provide us at our request with a copy of any retained check to aid in the clearing and collection process, to resolve claims by third parties, or for our audit purposes

    9.6 Deposit Limits
    We reserve the right to limit the frequency and dollar amount of deposits you make using Mobile RDC and will establish deposit limits for you when you enroll in Mobile RDC. If you exceed these deposit limits we may, in our sole discretion, accept or refuse to accept the deposit. If we do accept a deposit that exceeds your deposit limits we will have no obligation to do so in the future. We reserve the right to raise or lower your deposit limits at any time and any such changes shall be effective immediately upon our notification to you.

    9.7 Date of Deposit/Availability of Funds
    Transmitting check images using Mobile RDC does not constitute receipt of the deposit by us. Check images received on a business day prior to 4:00 p.m., Pacific Time are processed on the day of receipt which will be considered the day of deposit. Any images received by us after that time or on weekends or holidays when we are not open for business will be processed on the next business day which will be considered the day of deposit. The funds you deposit using Mobile RDC will be available in accordance with our Funds Availability Policy as found in, as applicable, the Account Disclosures for Personal Accounts or the Account Disclosures for Business Accounts. For the purpose of determining funds availability of checks deposited using Mobile RDC, such deposits are classified as "not in person deposits" as defined in Regulation CC and will be treated as ATM deposits as outlined in our Funds Availability Policy except that the deposit cut-off times will be as stated in this Section 10.7.

    9.8 Your Warranties, Indemnification and Responsibility
    You make the following representations and warranties:

    • You shall use Mobile RDC only for your own personal or small business use and shall not deposit checks for the benefit of any other person or entity
    • You shall not alter any original check before you image it and shall review the check image prior to transmission to us to ensure that it is legible as to all of the required information on the front and back of the check. You will not transmit any image that is not legible and suitable for processing.
    • You will handle original checks after submission using Mobile RDC as set forth in these Terms and Conditions, including the obligations to retains and then destroy the checks
    • You will not transmit duplicate checks or re-deposit or re-present the original check after your have transmitted it for deposit using Mobile RDC
    • You will not deposit any check using Mobile RDC that has already been deposited into your account with us or deposited, cashed or otherwise negotiated with any other person or financial institution
    • You agree not to deposit any checks using Mobile RDC if you believe or suspect that the check is fraudulent, altered, forged, or unauthorized.
    You agree to indemnify and hold us harmless from and against all liability, damage and loss arising from any claims, suits, or demands brought by third parties with respect to any check you deposit using Mobile RDC or from your breach of these Terms and Conditions.

    9.10 Fees
    A fee may be charged to your account for each check deposited using Mobile RDC as stated in the Fee Schedule for your account.

    9.11 Amendments
    We may, without notice to you, add to, delete or change these Terms of Use by posting the amended Terms of Use on the Mobile Banking Website and your continued use of the Mobile RDC service constitutes your agreement to all such changes.

    9.12 Termination
    We reserve the right to suspend, discontinue or terminate these Terms of Use and/or the Mobile RDC service at any time, immediately and without prior notice or obligation to you, and as determined in our sole discretion (i) if you violate any part of these Terms of Use or (ii) for any other reason or no reason. We may notify you of any such suspension, discontinuance or termination, and upon your receipt of such notice, you will immediately discontinue use of the Mobile RDC services. You agree that we shall not be liable to you for any suspension, discontinuance or termination of these Terms of Use or the Mobile RDC service.

    10.0 Zelle® Funds Transfer Service Terms of Use

    These Zelle Funds Transfer Service Terms of Use ("Terms of Use") govern your use of the Zelle Funds Transfer Service and are part of, and governed by, the OneWest Bank Online Agreement ("Agreement"), as well as the OneWest Bank Account Disclosures for Personal Accounts ("Disclosures") and the OneWest Bank Mobile Banking Services Terms and License. Transfers made through Zelle are electronic funds transfers and are subject to the terms set forth in the "Electronic Fund Transfer Agreement and Disclosure" section of the Disclosures. We may amend these Terms of Use at any time as provided in the Agreement and the Disclosures.

    10.1 Description of Services

    1. We have partnered with the Zelle Network® ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."
    2. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
    3. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
    4. Transfer instructions relating to external accounts and the transmission and issuance of data related to such instructions shall be received pursuant to these Terms of Use and the rules of the National Automated Clearing House Association ("NACHA") (the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an account shall be provisional until such credit has been finally settled by us or the third party institution which holds the account.
    5. The Service allows for the delivery of payments ("Payments") to Users who are also enrolled in the Service through a debit or credit network such as the ACH funds transfer system governed by NACHA (‘Payment Network") designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. Payments are not instantaneous. Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a Payment. Notwithstanding anything to the contrary in these Terms of Use, Payments settlements are final and cannot be cancelled except as set forth in the Rules; however, if the Rules allow for reversal of funds, we will attempt to recover such funds from the receiving User's eligible transaction account. We are only responsible for delivery of the applicable Payment instructions to the applicable Payment Network in the format required by the applicable Payment Network's specifications.
    6. It is the responsibility of the sending and the receiving Users to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment instructions and name, telephone number and/or email address for the User 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 any User.

    10.2 Eligibility and User Profile
    When you enroll to use the Service or when you permit others to whom you have delegated authority to act on your behalf to use or access the Service, you agree to the terms and conditions of these Terms of Use. You represent that you have the authority to authorize debits and credits to the enrolled bank account. Only OneWest Money Market and Checking accounts are eligible for enrollment in Zelle.

    You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.

    The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose. You agree not to use the Service for any other purpose such as co-branding, framing, linking, or reselling any portion of the Service without our written consent

    10.3 Consent to Share Personal Information (Including Account Information)
    In order to complete funds transfers using the Service, it may be necessary for us to communicate with other participants and financial institutions involved in the transfer. You agree that we may share any information or data you provide to us for the purpose of processing your transfers or providing the Service. You also agree that we may disclose information to third parties about your account or the funds you send or receive to process and complete your transactions.

    10.4 Wireless Operator Data
    We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle's Privacy Policy [https://www.zellepay.com/privacy-policy] for how it treats your data. See OneWest's Privacy Policy [https://www.onewestbank.com/privacy-security] for how OneWest treats your data.

    10.5 Enrolling for the Service

    1. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. 
    2. Once enrolled, you may:
      1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and  
      2. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."

    10.6 Consent to Emails and Automated Text Messages
    By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in these Terms of Use. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

    1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
    2. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
    3. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
    4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
    5. To cancel text messaging from us, send STOP 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 877-741-9378. You expressly consent to receipt of a text message to confirm your "STOP" request.

    10.7 Payment Authorization and Payment Remittance

    1. When you register with Zelle, you may establish one or more profiles. Each profile may be linked to only one bank account, but you may register multiple email addresses or mobile phone numbers in each profile. Once you have registered an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. By providing us with names and telephone numbers, email addresses, and/or bank account information of Users to whom you wish to direct payments, you authorize us to follow the Payment instructions that we receive through the Service.
    2. When we receive a Payment instruction from you, you authorize us to debit the account you have enrolled for the amount of such Payment at the time you initiate the Payment, and to remit funds on your behalf. You also authorize us to credit your account for the receipt of Payments, including but not limited to those Payments returned to us from Users to whom you sent Payment(s) and those Payments that were cancelled and returned to you because the processing of the Payment could not be completed.
    3. 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.
    4. You agree that we will not be liable in any way for any Payments that you may receive, regardless of whether you authorized the sending User to send them to you.

    10.8 Receiving Money; Money Transfers by Network Banks
    Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

    Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

    If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both these Terms of Use and the procedures of the business or government agency that is sending you the payment.

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

    10.9 Sending Money; Debits by Network Banks
    You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) these Terms of Use, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

    In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. The transfer may take up to two (2) business days from the day the intended recipient responds to the payment notification by enrolling as a User. During this period, and in any other circumstance when we need additional time to verify the transfer details, a hold will be placed on your account for the amount of the transfer. You understand and acknowledge that a person to whom you are sending money and who is not enrolled as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur. If the person to whom you are sending money does not enroll, set up an email address or mobile number and accept the transfer within 14 days, the transfer will be cancelled.

    The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

    We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

    10.10 Liability
    Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

    THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS ORSERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

    10.11 Send Limits
    There are limits on the amount of money you can send through Zelle. These limits may be adjusted from time to time at our sole discretion. The current limits on the amount of money you can send through Zelle are:

    • Transfers from your account may be made in amounts of up to $1,000 per transaction with a maximum of $2,000 per day.

    Transfer limits for transfers to your accounts are governed by Zelle or the sender's Network Bank. All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.

    10.12 Requesting Money
    You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

    By accepting these Terms of Use, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless us, Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

    You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

    We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

    10.13 Payment Cancellation and Refused Payments
    A sending User may cancel the initiation of a Payment until the processing of the Payment into the receiving User's eligible transaction account has begun. To cancel a Payment you will have to delete the receiving User from your contact list in the Zelle which will also cancel any pending Payments. If you later wish to send that User a Payment you will have to re-add them as a contact.

    Payments not claimed by a receiving User will be automatically cancelled fourteen (14) days after the processing of the payment begins. When a sending User initiates a Payment, the receiving User is not required to accept the payment. You agree that you as a sending User will not hold us liable for any damages resulting from a receiving User's decision to accept or not to accept a Payment initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your account or use other reasonable efforts to return such payment to you as permitted by law.

    10.14 Fees
    We do not charge any fees for using the Service.

    10.15 Termination, Suspension or Cancellation
    If you wish to cancel the Service, contact Customer Service at (877)741-9378. Any payments that have begun processing before the requested cancellation date will be processed by us. We may terminate or suspend your use of the Service at any time and for any reason or no reason. Termination, cancellation or suspension of the Service shall not affect your liability or obligations under these Terms of Use.

    10.16 Disclaimer of Warranties
    EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, WE AND ZELLE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. WE AND ZELLE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    10.17 Limitation of Liability
    EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR ZELLE, OUR OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

    IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR ZELLE, OUR OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

    10.18 Indemnification
    You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in these Terms of Use, you agree to indemnify, defend and hold harmless us and Zelle, and our and their respective owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of these Terms of Use.

    10.19 Miscellaneous
    Subject to the terms of these Terms of Use, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

    Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.


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