Online Banking Agreement

1. The Service.

In consideration of the Online Banking services ("Online Banking") to be provided by Connection Bank as described from time to time in information distributed by Connection Bank to its customers.

In the agreement, "Customer" refers to the person(s) subscribing to or using Online Banking, the Customer agrees as follows. You may use a Personal Computer ("PC") through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts, to transfer money between your accounts and make Bill Payments. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. By subscribing to Online Banking you agree to the terms of the Agreement.

Connection Bank Bill Pay Service allows you to schedule bill payments through our online Service. Each user must enroll in Bill Pay Service within Online Banking separately with a unique user name and password.

You can arrange, at your option, for the payment of your current, future and recurring bills from any account that you have access to within Online Banking. Eligible Accounts that require two or more signatures or authorizations to withdraw or transfer funds may not be used as a Bill Pay Account without a separate prior written agreement.

There is no limit to the number of payments that may be authorized. You may pay anyone in the U.S. approved by Connection Bank for payment through the Bill Pay Service. However, we are unable to process any payments to federal, state, local tax agencies or court ordered payments. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via the Service. In some instances, Bill Pay may submit payments to the best-known payee address. Any attempt to use Bill Pay to process payments for third parties is prohibited and grounds for termination of your Bill Pay Service.

To schedule a payment you must provide us with correct information requested on the Bill Payment Service set up screens. Each payment must be an amount of no less than $5.00 and no more than $9,999.99.

The date the payment is requested is called the Payment Date, it is also the date the payment begins processing according to the following conditions. If the payment date is for a future date we will send funds to the payee on your behalf from your bill pay funding account on the business day following the payment date. If a payment request is received for a current payment date before 6pm CST we will send funds to the payee on your behalf from your bill pay funding account on the business day following the payment date. If a payment request is received for a current payment date after 6pm CST we will send funds to the payee on your behalf from your bill pay funding account on the two (2) business days following the payment date.

We will not be obligated to make a payment unless your Bill Pay Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. If you schedule a bill payment through your Bill Pay Service, and there are not sufficient funds in your Bill Pay Account to cover the bill payment on the Payment Date, we may take any of the following actions:

Your Bill Pay Account will be assessed for overdrafts (if any) incurred and or other fees., which will vary depending on the action taken (please see section 6 of this agreement) Funds for ALL bill payments (whether we make these payments electronically or by check) will be withdrawn from your Bill Pay Account on the scheduled Payment Date. If your Bill Pay Account closes, all pending payments associated with that account would be canceled.

Connection Bank has no duty to monitor payments that are made through Bill Pay Service. If you allow another individual access to your Online Banking user code & password or if you are a business and an authorized representative of yours uses Bill Pay you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in a any way connected with such use.

2. Your User Code and PASSWORD.

Each individual who has access to Connection Bank Online Banking, including each individual named on joint accounts, must designate a PASSWORD and a user code. Your PASSWORD must be a minimum of 8 characters, which must consist of at least four (4) numeric characters, plus at least four (4) alpha characters (Case Sensitive). For example, your PASSWORD maybe: 1234FMBT. You will be required to change your PASSWORD periodically to enhance security.

You are required to access your online banking account once every 90 days. Failure to do so will result in the termination of the online account and subsequently Bill Pay service.

3. Our Liability for Failure to Complete Transactions.

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance:
a. if, through no fault of ours, you do not have enough money in your account to make the transfer;
b. if the money in your account is subject to legal process or other encumbrances restricting transfer;
c. if the transfer would go over the credit limit on your overdraft line (if any);
d. if the automated teller machine or the merchant where you are making the transfer does not have enough cash;
e. if the system was not working properly when you started the transfer;
f. if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken;

4. Stop Payments.

You may use your PC to stop payment on a check you have written or an automatic debit. There is a fee for stopping a payment. A fee of $20.00 per stop payment will be assessed. There are limits and restrictions regarding stop payments please read stop payment disclosure.

You have the right to stop or change a bill payment. However, you must cancel a payment no later than 10am on the Payment Date. There is a Recall fee of $5.00 applied to the cancel payment request. After 10:00 am a regular stop payment request must be filled out in accordance to the terms and conditions of your bank account. Stop payments are not guaranteed. Payees may present payments to their bank before a stop payment has been properly processed.

5. Statements.

All payments, transfers, and/or fees made with the Connection Bank Online Banking and Bill Payment will appear on your monthly Account statement.

6. Fees.

Fees for Connection Bank’s Online Banking shall be payable in accordance with a schedule of charges as established and amended by FMB&T from time to time. Charges shall be automatically deducted from customer’s Account, and Connection Bank shall provide to Customer monthly notice of such debit(s) on your statement.
Fee Schedule: (Items noted in schedule to be effective November 1st, 2013)
Connection Bank’s Online Banking Fee: The basic Online Banking is free to all users.
Bill Pay: Bill Pay is free to all users who elect to utilize the service.
Cancelled Check Copy Fee: $35.00 per hour of research fee; $20.00 minimum Payment, Recall Fee: $5.00, Stop Payment Request: $20.00

7. Equipment.

You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access Online Banking. We are not responsible for errors or delays or your inability to access Online Banking caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Online Banking nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

8. Business Days/Hours of Operation.

Our business hours are 8:30 a.m. to 5 p.m. (CST), Monday through Friday, except bank holidays. Online banking transactions can be completed only on business days. Online Banking is available 24 hours a day, seven days a week, except during maintenance periods.

9. Notice of Your Rights and Liabilities.

Security of your transactions is important to us. Use of Online Banking may therefore require a password. Connection Bank personnel do not have access to your password. We can issue you a temporary password upon passing the necessary security requirements in the event you are unable to retrieve your password.

We may accept as authentic any instructions given to us through the use of your password. You agree to keep your password secret and to notify us immediately if your password is lost or stolen or if you believe someone else has discovered your password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use Online Banking. Connection Bank Online Banking enables you to change your password; we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to Online Banking; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of your password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.

Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 800-832-0997 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.

10. Error and Questions.

In case of errors, or questions about your electronic transactions, telephone us at 800-832-0997 between 8:30am and 5pm., Monday through Friday, or contact us at:

Online Banking Department
Connection Bank
P.O. Box 329
Fort Madison, IA 52627

Contact us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to:
a. tell us your name and Account number (if any);
b. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
c. tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.

11. Disclosure of Account Information to Third Parties.

We may disclose information to third parties about your account or the transactions you make:
a. where it is necessary for completing transactions or resolving errors involving Online Banking; or
b. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
c. in order to comply with government agency rules, court orders, or other applicable law; or
d. to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
e. if you give us your permission.

12. Authorization to Obtain Information.

You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.

13. Termination.

If you want to terminate your access to the Connection Bank Online Banking or Bill Pay Service call us at 800-832-0997. After receipt of your call, we will send a written termination authorization for your signature and return to us. In order to avoid imposition of the next monthly fee, we must receive your written authorization to terminate three (3) days before your service charge is scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO Online Banking.

We reserve the right to terminate Connection Bank’s Online Banking, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend Online Banking in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your password as an indication of an attempted security breach. Termination of Online Banking does not affect your obligations under this Agreement with respect to occurrences before termination.

In addition, if Connection Bank terminates your Bill Pay Service your online bill payment information will be lost and pending payments will be cancelled. If you decide to terminate Bill Pay service we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay service by calling Connection Bank 800-832-0997. This will ensure that future payments will not be duplicated. Please note that termination of Bill Pay does not affect your linked accounts.

14. Limitation of Liability.

Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by Connection Bank’s Online Banking or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.

15. Waivers.

No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Connection Bank.

16. Assignment.

You may not transfer or assign your rights or duties under this Agreement.

17. Governing Law.

The laws of the state of Iowa shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.

18. Amendments.

We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or e-mail address in which you authorized to receive such notices and/or disclosures.

19. Indemnification.

Customer, in consideration of being allowed access to Connection Bank’s Online Banking, agrees to indemnify and hold Connection Bank harmless for any losses or damages to Connection Bank resulting from the use of Online Banking, to the extent allowed by applicable law.

20. Security Procedures.

By accessing Connection Bank Online Banking, you hereby acknowledge that you will be entering a protected web site owned by Connection Bank, which may be used only for authorized purposes. Connection Bank may monitor and audit usage of the System, and all persons are hereby notified that use of Connection Bank’s Online Banking constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.

21. Email.

You are advised against sending confidential information such as account or social security numbers via regular email. Email is not secured and can be intercepted by third parties. If you need to advise the bank of issues that contain personal information please do so regular phone fax or in person.

By using Bill Pay within online banking you agree to the terms of the agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

I/We understand that I/we are the only individual(s) authorized to use Online Banking and Bill Pay Service that use of the Online Banking and Bill Pay Service signifies agreement to the terms and conditions set forth in this Online Banking Agreement which has been furnished to me/us.

Mobile Banking Addendum to Agreement for Online Banking Services

This is an addendum to your Online Banking Services Agreement (“Agreement”) and sets forth the additional terms and conditions for use of the Mobile Banking Services (“Mobile Banking”) offered through Fort Madison Bank & Trust Co. to you. Except where modified by this Addendum, the Online Banking Services Agreement remains in effect. Terms defined in the Agreement that are not defined in the Addendum have the same meaning here. This Addendum and the Agreement constitute the entire agreement between us and you relating to Mobile Banking, supersede any other agreements relating to Mobile Banking, and may only be amended as provided in the Agreement. If there is a conflict between Agreement and this Addendum, the terms in this Addendum will govern your use of Mobile Banking.

I. ACCEPTANCE OF ADDENDUM.

A. Accepting this Addendum.

By clicking “I Agree” when you register for Mobile Banking Services (“Mobile Banking”) or by using the Mobile Banking Services, you agree to the terms and conditions of this Addendum.

B. Description of Services.
Mobile Banking is a personal financial information management service that allows you to: (i) access Connection Bank account information such as balances and recent transaction history; (ii) transfer funds between your accounts at Connection Bank; (iii) make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service; (will be implemented at a later date) (iv) and make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.

Not all Mobile Banking Services are available on all types of mobile devices. See our Web site at www.myconnectionbank.com for the most up-to-date list of Services. We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

C. Use of Services.
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). From time to time we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.

D. Relationship to Other Agreements.
You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.

II. MOBILE BANKING SOFTWARE LICENSE AGREEMENT

A. License.
Subject to any compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device.

B. License Restrictions/Revocation.
This License shall be revoked immediately upon any of the following conditions, (i) your termination of Mobile Banking; (ii) your deletion of the Software from your Wireless Device; (iii) your noncompliance with this Addendum; or (iv) written notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Addendum.

C. Software.
The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason. You may not grant any sublicenses to the Software. You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software. You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice. You agree to take commercially reasonable precautions to protect the confidentiality of the Software. You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software. The provisions of this Paragraph will survive termination of this Agreement.

III. YOUR OBLIGATIONS

When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:

A. Account Ownership/Accurate Information
You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identify or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services. You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 800-832-0997, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the mobile Banking Services.

B. Location-Based Information.
If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.

C. Export Control.
You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.

D. Proprietary Rights.
You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.

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

F. No Commercial Use or Re-Sale.
You agree that the Mobile Banking Services are for personal use only. You agree not to resell or make commercial use of Mobile Banking.

G. Indemnification.
You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.

IV. CHARGES FOR THE SERVICE

You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. We will advise you of any fee changes prior to implementing them. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.

V. ADDITIONAL PROVISIONS

A. Mobile Banking Services Limitations.

1. Neither we, nor any of our service providers, including Fiserv, can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.
2. Neither we, nor any of our service providers, including Fiserv, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.
3. Neither we, nor any of our service providers, including Fiserv, assume responsibility for the operation, security, functionality or availability of any wireless Device or mobile network that you utilize to access Mobile Banking.
4. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
5. Information about activity is synchronized between the Mobile Banking software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website. Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information. The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

B. Changes or Cancellation.
You may cancel your participation in Mobile Banking by calling us at 800-832-0997. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

C. Use of Data.
We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).

D. Third Party Beneficiary.
You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.

E. Limitations and Warranty Disclaimers.
We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Mobile Banking Services or otherwise under this Addendum exceed $5,000.