{"abilities":{"accountToAccount":true,"account_jx_meta":true,"account_pscu_meta":false,"account_rewards":false,"account_symx_meta":false,"ach":false,"achBatchDownload":true,"additionalMessage":null,"adsEnabled":true,"advancedCardControls":true,"alertsEnabled":true,"allowInternationalUsdWires":true,"allowSSNSignup":false,"alternateAccountTransferFlow":true,"approveUsers":false,"billPay":true,"billPayEnrollment":true,"billPaySync":true,"businessRdc":false,"canEditMFAQuestions":false,"cardHubMobileSDK":false,"cardsActivate":true,"cardsLost":true,"cardsReorder":true,"cardsStolen":true,"cashManagementReports":false,"changeAccountName":true,"changeAddress":"Conversations","changeEmail":true,"changeOrganizationEmail":false,"changeOrganizationPhone":false,"changePhone":true,"changeUisEmail":true,"changeUisPhone":true,"changeUsername":true,"checkImagesEnabled":true,"clientSideRDCProvider":null,"conversations":true,"conversationsShowClosedMessage":false,"coreOfflineSupport":true,"creditCardControls":false,"creditCardPayments":false,"cutOffTime":"1970-01-02T01:30:00.000Z","default2FaEnabled":true,"disableAchSameDayFeeWarning":false,"displayCutoffTimes":true,"distinctBusinessProfiles":false,"documentAbilities":{"documents":true,"enrollment":false},"documents":true,"ediTransactionDetails":false,"eesAlertsEnabled":false,"enableAchHolds":true,"enableAchNavigator":false,"enableAchPrenotes":true,"enableAchRecurringBatches":true,"enableAchStateTaxPayments":false,"enableAchTaxPayments":true,"enableCopyBatch":true,"enableCopyHistoricalBatch":false,"enablePospayAchCoreFilterEdits":false,"enablePospayAchFilters":false,"enableRtpInstantPayments":false,"enforceBSLEntitlements":true,"exportTransactionsEnabled":true,"externalAccounts":false,"externalTransferInbound":true,"externalTransferOutbound":true,"fullServiceCreditCardPayments":false,"geezeoInsights":false,"geezeoTrx":false,"geezeoWheel":false,"liveUserValidation":true,"loanPaymentBreakdown":false,"memberToMemberTransfers":false,"merchantAcquisition":false,"mobileAdsEnabled":false,"moovPayouts":false,"moovPullFromCard":false,"moovPushToCard":false,"newTransactionsSync":true,"p2pEnabled":true,"passwordManagement":true,"payAnIndividualBillPay":true,"payReturnAllExceptions":false,"payeeCreation":true,"payeeDeletion":true,"payeeEdit":true,"payeeEditP2PSMS":true,"paymentCardManagement":true,"positivePay":false,"pospayExceptionCorrection":false,"rdc":true,"rdcDisclaimer":"Items deposited after 6:00 PM may be processed on the next business day. \r\rSecurely store the original check for 7 business days after transmission. Verify your check has been credited to your account. After 7 business days, destroy the original check by marking it ‘VOID’ and shredding it.","rdcOnboardingByAccountsEnabled":true,"rdcOnboardingEnabled":true,"recurringTransactions":false,"requiresUserProfile":false,"retailOrganizations":false,"runningBalance":"Posted","schedulableTransfers":true,"screenShare":false,"selfEnrollBusinessOrgs":false,"selfEnrollRetailOrgs":false,"selfEnrollment":true,"selfRecovery":true,"selfServiceForms":false,"separateBillPayAccounts":false,"sessionExpirationTimeoutMinutes":5,"sessionResumptionMethod":"PIN","spendingBreakdown":false,"stopPayments":true,"switchUserEnabled":true,"thirdPartyAccounts":true,"transactionEnrichment":false,"transferHoursMessage":"","travelNotices":true,"twoFAEnabled":true,"twoFAPhoneValidation":false,"userManagement":false,"videoChat":false,"warningCodes":false,"wires":false,"zelle":"None","zelleReadyContact":false},"accountNameCharLimit":20,"accountTypes":[],"aggregationType":"NetTeller","availableTransferFrequencies":["Interval","Once","SemiMonthly"],"balanceDisplaySettings":[{"label":"Available","primary":true,"type":"AvailableBalance","visible":true},{"label":"Current","primary":false,"type":"Balance","visible":true}],"billPayFee":null,"billPayP2PFee":null,"cardManagementAbilities":["Activate","Lost","ReOrderCard","Stolen"],"contactEmail":"IB@hcb.us","contactHtml":"
\n

We’re Raising Expectations

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","cutOffTimeMessage":"Transfers completed after {{cutOff-time}} will be processed the next business day.","displayStrings":{"accountIdentifierLabelText":"Account number","accountOpeningLinksLabelText":"Add an account","addressChangeRequestText":"Your request to update your mailing address has been successfully submitted for approval.\n\nHang tight while we review your request and get that updated on our end.","availableBalanceDisclosureText":"Contact us for more information on how your available balance is determined.","bannoOfflineModeText":"Debit card transaction issues have been resolved, and all cards are being returned back to an active status. Please notify us of any ongoing service disruption.","cardReorderText":"Replacement for a damaged card can be ordered here. Please verify your address with HCB is correct.\n\nReplacement processing takes 7-10 business days. A $7.00 fee will be assessed to your account.\n\nCard lost or stolen? Contact HCB at 888-422-2280","externalTransferCutOffTimeText":"Transfers made after the cut-off time will be processed the next business day","lostStolenCardText":"This will deactivate your card. Any one-time or recurring transactions will be blocked.","rdcCheckBackText":"Capture the back of the check. Must contain your signature and \"For mobile deposit only at HCB\"","rdcCheckFrontText":"Place check on a flat, well-lit, surface and tap the capture button to take the photo.","rdcSignup":"Conveniently add funds by taking photos of your check. It's easy, fast and secure. Enroll today by selecting the accounts you wish to deposit to.","transferCutOffTimeText":"Transfers made after 5PM will be made the next business day."},"eula":{"date":"2025-02-05T17:24:11.000Z","id":"7aab06b3-3ae9-49cb-bde5-b960cd74001d","text":"This Agreement is a contract, which establishes the rules which cover your electronic access to your accounts at Highpoint Community Bank (\"BANK\") through the HCB Online Banking Services System (\"SYSTEM\"). By using SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Michigan (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, along with the Fee Schedule, constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. \nDefinitions - As used in this Agreement, the words \"we\", \"our\", \"us\" and \"BANK\" mean Highpoint Community Bank. \"You\" and \"your\" refer to the accountholder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through SYSTEM. \"Account\" or \"accounts\" means your accounts at BANK. \"Electronic funds transfers\" means ATM withdrawals, preauthorized transactions, point of sale transactions, Home Banking Center telephone transactions, and transfers to and from your BANK accounts using SYSTEM including Bill Payments. \"SYSTEM Services\" means the services provided pursuant to this Agreement, including the Bill Payment Service. \"Business days\" means Monday through Friday. Banking Holidays are not included. \nAccess - To use SYSTEM, you must have an account at the BANK, secure access to Internet, and an e-mail address. You must be approved to use SYSTEM. SYSTEM can be used to access only your BANK accounts that have been designated. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the accountholder. \nHours of Access - You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website (www.highpointcommunitybank.com). \nAccounts Accessible By More Than One Person, Joint Account holders may each use the same account for their individual transactions. Each such owner or authorized representative may individually enroll in Online Banking. As such, each account holder has the same right of access to account activity such as notifying the BANK of suspected loss or fraud or canceling the Services. Each enrolled person must have a unique User ID and Password. \nSYSTEM Services - You can use SYSTEM to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, make stop payment requests and pay bills from your BANK checking accounts in the amounts and on the dates you request. Balance and activity information will be available as of close of business of the previous business day. Your available balance may reflect current day activity. Email Use Ð When you enroll in the Services, you will have access to your Account information online, with the capability to automatically send a message to the BANK by clicking the Support link at the top right side of the page. We will not send confidential account information by email such as account numbers, without partially blocking the number to avoid disclosure of this information to third parties. We recommend that you do not send any confidential information about your accounts over the Internet. We will not send email to you requesting confidential information such as account numbers or personal Identification numbers. If you receive such an email that claims to be from or authorized by Highpoint Community Bank, DO NOT RESPOND to the email and NOTIFY US IMMEDIATELY by calling 888-422-2280 and ask for Online Banking Support. \nYour Password - For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Unsuccessful attempts to gain access to SYSTEM with an invalid password may lock you out of SYSTEM. To re-establish your authorization to use SYSTEM, you must contact us to have your password reset or to obtain a new temporary password. Minimum password requirements are enforced when setting your password. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. To enhance security we may request periodic password changes. \nSecurity - You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your periodic statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your password and user ID, which are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others. \nIndemnification for Unauthorized Use - Except as expressly prohibited under applicable state or federal law, you shall be responsible for any liability, loss or damage resulting from any breach of security or unauthorized disclosure or use of your password. The BANK shall be under no obligation to monitor your Account transactions for unauthorized use. Your User ID and Password identify you as an authorized signatory of your Account(s). You agree that the BANK will rely on your User ID and Password to identify you, and as signature authorization for any payment and/or transfer made from and to your Account(s) using the Services. You agree that we may process any transaction effected by any person using your User ID and Password, subject to the terms of use in this agreement. If you have reason to believe your User ID or Password is known by an unauthorized person or that someone has transferred money without your permission, immediately call 888.422.2280 or visit us at any of our branches. \nFees and Charges - You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current FEE SCHEDULE. You acknowledge your receipt of the current Fee Schedule and that you are aware of the fees and charges set forth therein for your use of SYSTEM Services. You agree that all such fees and charges will be deducted from the BANK account(s) designated upon registration. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of SYSTEM. \nPosting of Transfers - Transfers initiated through SYSTEM before 6:00 p.m. (Eastern Daylight Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. (Eastern Daylight Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transaction from your accounts in order to avoid overdrafts. \nOverdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: a.Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority. b.Electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account may, at our discretion, be cancelled. c.In the event the electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.\n Limits on Amounts and Frequency of SYSTEM Transactions - This agreement imposes no restrictions on the number of transfers from BANK accounts or the amounts which may be transferred, but certain limits and restrictions on the frequency of transfers may be applicable with respect to the particular types of accounts subject to this Agreement, particularly money market, savings and certificates of deposit. For all savings and money market accounts, no more than a total of six (6) preauthorized, telephone (including data transmission using SYSTEM), or automatic transfers may be made from your account per month (per statement cycle for money market accounts). Federal Regulations require us to monitor your compliance with these limitations. If the transaction limitations are violated, we may be required to close your account, take away the ability to make such transfers, or change your account to a checking account which allows such transfers. In addition, you may be subject to the payment of penalties for early withdrawal with respect to transfers from certain of these accounts. Please refer to the disclosure documents you received at the time these accounts were established for more detailed information on limitations, restrictions and early withdrawal penalties applicable thereto. \nConfidentiality - We will disclose information to third parties about your account or the transfers you make: (1) where it is necessary for completing a transfer; or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (3) in order to comply with government agency or court orders; or (4) if you give us written permission. \nPeriodic Statements - You are entitled to receive a periodic statement for each monthly cycle in which an electronic fund transfer has occurred and a statement at least quarterly if no transfer has occurred. You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic paper statements for your BANK accounts. \nChange in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or the entire subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts. \nYour Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Tell us at once if you believe your internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You must tell us the following: •Your name and account number. •A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information. •The dollar amount of the suspected error. •If the suspected error relates to a Bill Payment made via the SYSTEM Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.) If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days. If you tell us within two (2) business days after you learn of the loss or theft of your internet banking access code you can lose no more than fifty dollars ($50) if someone used your internet banking access code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your internet banking access code and we can prove we could have stopped someone from using your internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500). Also, if your statement shows transfers you did not make, including those made by code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason keeps you from giving the notice, we will extend the time periods. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a new account or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days (twenty (20) business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within ten (10) business days, we may not provisionally credit your account. We will tell you the results within three (3) business days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. \nOur Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a Bill Payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: 1.If, through no fault of ours, you do not have enough money in your account to make a transfer. 2.If a legal order directs us to prohibit withdrawals from the account. 3.If your account is closed, or if it has been frozen. 4.If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts. 5.If you, or anyone authorized by you, commits any fraud or violates any law or regulation. 6.If any electronic terminal, telecommunication device, or any part of the SYSTEM electronic fund transfer system is not working properly and you knew about the problem when you started the transfer. 7.If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee- assigned account number, payment date, and payment amount for the payee on a Bill Payment. 8.If you have not properly followed the on-screen instructions for using SYSTEM. 9.If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken. \nDisclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM. \nRegulatory Authority - If you believe that any provision of the Michigan Electronic Funds Transfer Act has been violated, you should notify the Office of Financial and Insurance Services at PO Box 30220, Lansing, MI 48909 and/or the Federal Deposit Insurance Corporation at 500 West Monroe St Suite 3500, Chicago, IL 60661. Your Right to Terminate - You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. \nOur Right to Terminate - You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons: 1.Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. 2.Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. 3.Upon reasonable notice, for any other reason in our sole discretion. 4.After 180 days of inactivity. Communications between BANK and You, Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 9:00 a.m. to 6:00 p.m. Monday through Friday): E-mail -You can contact us by e-mail at IB@hcb.us. Please note that banking transactions through SYSTEM are not made via e-mail. Message - You can contact using the chat feature within SYSTEM. Telephone - You can contact us by telephone at 888-422-2280. Facsimile - You can contact us by fax at (269) 945-3860. Postal Mail - You can write to us at: Highpoint Community Bank, Online Banking, 150 West Court Street, Hastings, MI 49058. In Person - You may visit us in person at any one of our locations.\n Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM website or by e-mail. You agree to notify us immediately of any change in your e-mail address.\n\nFEE SCHEDULE Please refer to the Schedule of Fees provided to you at account opening or as revised. \n\nEXTERNAL TRANSFERS - Bank shall process Entries on your behalf, including by transmittal through the Automated Clearing House (ACH) and therefore you agree to abide by all applicable laws of any such clearing house and all applicable NACHA rules. Bank can reject a transfer if it is not in compliance with all applicable rules. External Transfers allows Customer to electronically transfer money between an account at BANK and an approved account you maintain at another U.S. financial institution. Customer must be authorized to make withdrawals and ownership can be verified on the account. To verify an account, Customer authorizes Bank to deposit and withdrawal micro-deposits to the account. Customer agrees we are not responsible for any overdraft, insufficient funds, or other fees that are a result of verification. The cutoff time for initiating transfers is 3pm ET. Transfers will be processed on the date of initiation if before the cutoff time. Transfers initiated after the cutoff time will be processed next business day. Inbound transfer from a verified account will not be available for use or withdrawal until (2) business days after the transfer is deposited into your eligible account, even if such transfer is reflected in your current balance. Scheduled transfers can be cancelled by Customer one day prior to the scheduled transfer or if the transfer is still in a pending status within the System. Processed transfers are unable to be cancelled. For security purposes, daily transaction limits are established. Daily limits of $1,500 for inbound and $1,500 for outbound transfers are in place. HCB may change or lower limits at any time without prior notice. Bank reserves the right to remove or deny this service for any reason. Reasons may include but are not limited to potential fraud or misuse, or any of the additional reasons below: (i) Any of your Accounts with us are not current or are not in good standing. (ii) Bank receives notification or return for reason of NSF, revoked, not authorized, frozen account, stop payment or other similar reason. (iii) Customer transfers to or from an account they are not authorized on. \n\nMOBILE REMOTE DEPOSIT SERVICES AGREEMENT This Mobile Deposit Services Agreement (this \"Agreement\") governs the terms of Highpoint Community Bank (\"HCB\") consumer mobile remote deposit service, which HCB refers to in this Agreement as \"HCB Mobile Deposit,\" the \"Service,\" or \"Remote Banking Service.\" The HCB customer (\"Customer\") enrolling in HCB Mobile Deposit agrees to comply with and be bound by this Agreement. An individual enrolling in HCB Mobile Deposit on behalf of a Customer that is a corporation, partnership, limited liability company, trust or other entity or association represents that he or she is authorized on behalf of the Customer to enroll in HCB Mobile Deposit, enter into this Agreement and deposit Original Checks into the Customer's Account using HCB Mobile Deposit. HCB Mobile Deposit is designed to allow a Customer to make deposits of original, paper negotiable demand drafts (\"Original Checks\") to Customer's deposit account at HCB (\"Account\"). If Customer has more than one Account, HCB Mobile Deposit will require Customer to select the Account to which each deposit is being made. Customer can make deposits using HCB Mobile Deposit from remote locations by scanning the Original Checks and delivering the digital images and associated deposit information (\"Images\") to HCB or its service provider with Customer's iPhone, iPod Touch, iPad, or supported Android device (\"Mobile Device\"). \nGeneral Requirements. In order to use HCB Mobile Deposit, Customer must: Maintain an Account; Download and install the latest version of HCB's mobile banking application to Customer's Mobile Device Use a Mobile Device that has camera functionality; Use a Mobile Device that is enabled to receive and transmit data through a mobile carrier service data plan, wireless Internet connection or similar source; and Be a registered HCB Internet banking user and be enrolled in HCB mobile banking. To deposit an Original Check using HCB Mobile Deposit, all endorsements must be made on the back of the Original Checks within 1 inches from the top edge, although HCB may accept endorsements outside this space. For Accounts used primarily for personal, family or household purposes (\"Consumer Accounts\"), the endorsement must include Customer's signature and the words \"for mobile deposit only at HCB.\" For Accounts used primarily for business purposes (\"Business Accounts\"), the endorsement must include Customer's authorized signer's signatures and the words \"for mobile deposit only at HCB.\"Any loss HCB incurs from a delay or processing error resulting from an irregular endorsement or other markings will be Customer's responsibility. \nFor deposits to a Consumer Account, an Original Check may be payable jointly to Customer and a joint owner of the Consumer Account. An Original Check payable to Customer and a joint owner of a Consumer Account must be endorsed by both payees. Additionally, for deposits to a Consumer Account, an Original Check may be payable to either Customer or a joint owner of the Consumer Account. An Original Check payable to Customer or a joint owner of a Consumer Account must be endorsed by at least one of the two payees. \nFor deposits to a Business Account, an Original Check must be payable to the Customer only. Customer agrees that any individual endorsing an Original Check to be deposited to a Business Account will be an authorized signer on the Business Account and otherwise authorized to endorse items on behalf of Customer. Customer understands and acknowledges that all endorsements by Customer's authorized signers are valid even if the agency relationship is not indicated on the Original Check or Image. HCB has no duty to inspect the Image to confirm that two or more authorized signers have endorsed the Original Check. \nRequirements for Images of Original Checks - Each Image must provide all information on the front and back of the Original Check at the time it was presented to Customer by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the Original Check, MICR information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the Original Check. The Image quality must meet the standards established by the American National Standards Institute (\"ANSI\"), the Board of Governors of the Federal Reserve (\"Federal Reserve\"), and any other regulatory agency, clearing house or association involved in the processing of the Original Checks and Images (\"Applicable Standards\"). Eligible items. Customer agrees to use HCB Mobile Deposit only to scan and deposit Original Checks that: Are drawn on a financial institution located in the United States and payable in US dollars; Are made payable to Customer or, for a Consumer Account only, are made payable to Customer and/or a joint owner on the Account to which Customer is depositing the Original Check; Contain all endorsements applied by the parties that handled the Original Check; and Contain only authorized and authentic signatures. Customer agrees that the Service will NOT be used to deposit any item that: Is not payable to Customer in the first instance (i.e., payable to another person or entity and then endorsed to Customer); Is payable to Customer and/or another person or entity if the item is being deposited to a Business Account; Is payable to Customer and/or another person or entity other than a joint owner on the Consumer Account to which Customer is depositing the Original Check; Is counterfeit or altered, contains evidence of alteration, or that Customer knows or suspects, or should know or suspect, are counterfeit, altered, fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; Is more than six months old or made payable at some point in the future; Is payable in some currency other than US dollars or drawn on a financial institution located outside of the United States; Has previously been deposited with any financial institution; Is not an Original Check. Limits. HCB has established limits on the dollar amount of items that Customer can deposit using HCB Mobile Deposit. Currently, initial deposit limits for accounts are $1,000 per Check / $1,000 per day / $5,000 per month. If the account is in good standing after 30 days, deposit limits for Accounts are increased to $3,000 per Original Check / $3,000 per day / $10,000 monthly limit. HCB may change these deposit limits from time to time. HCB will notify Customer of any changes in accordance with this Agreement. Additionally, HCB may establish limits on the number of Original Checks that Customer may deposit using HCB Mobile Deposit. If HCB establishes such additional limits, HCB will notify Customer in accordance with this Agreement. If Customer attempts to initiate a deposit in excess of any applicable limit, HCB may reject the deposit. If HCB permits Customer to make a deposit in excess of an applicable limit, such deposit will still be subject to the terms of this Agreement and HCB will not be obligated to allow any deposit that does not comply with an applicable limit at any other time. Customer agrees not to use HCB Mobile Deposit from any location outside of the United States. \nFee - Customer agrees to pay all fees and charges that HCB may impose for HCB Mobile Deposit. Customer agrees that HCB may deduct such fees and charges from any of Customer's Accounts. The current Schedule of Fees and Charges is attached as Exhibit A. HCB may change its fees and charges for HCB Mobile Deposit by providing Customer notice in accordance with this Agreement. \nMobile Deposit Security - Customer will complete each deposit promptly. If Customer is unable to complete a deposit promptly, Customer will ensure that the Mobile Device remains securely in Customer's possession until the deposit has been completed. It is Customer's responsibility to establish and maintain procedures to safeguard against unauthorized deposits. Customer will notify HCB immediately by telephone at 1-888-422-2280 if Customer learns of any loss or theft of Original Checks or any attempt to re-send or re-deposit Images. HCB may require Customer to provide additional notice in writing. Customer will ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction. If warranted in HCB's reasonable judgment, it may audit and monitor Customer, and Customer agrees to cooperate with HCB to permit such monitoring, to confirm that Customer's obligations under this Agreement have been satisfied. Customer is solely responsible for the quality, completeness, accuracy, validity, and integrity of all Images. Customer is solely responsible if, intentionally or unintentionally, Customer submits fraudulent, incorrect, or illegible Images to HCB or if the Service is used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable images to HCB. Customer agrees that the security procedures that HCB uses in connection with HCB Mobile Deposit are commercially reasonable and suitable for Customer's intended use of the Service. Receipt of Deposit. Each Image processed for deposit through HCB Mobile Deposit will be treated as a \"deposit\" under the agreements governing Customer's Account (\"Account Agreement\") and will be subject to all terms of the Account Agreement. Any confirmation from HCB that it has received an Image does not mean that the Image is free of errors. HCB is not responsible for any Image that it does not receive. HCB reserves the right, at its sole and absolute discretion, to reject any Image. A rejected Image will not be deposited to Customer's Account. HCB will notify Customer of rejected Images. \nRetention of Original Checks - After Customer receives confirmation that HCB has received an Image and Customer receives full credit for the deposit of the Image, Customer must destroy the Original Check by first marking it \"VOID\" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. Destroying the Original Check prevents it from being presented for deposit another time. After destruction of an Original Check, the Image will be the sole evidence of the Original Check. \nCustomer agrees to never re-present an Original Check or any copy or Image of an Original Check to HCB or any other financial institution. Customer understands that Customer is responsible if anyone is asked to make a payment based on an Original Check, Image or other item that has already been paid. \nReturned Deposits - Any credit to Customer's Account for Original Checks deposited using HCB Mobile Deposit is provisional. If Original Checks deposited through HCB Mobile Deposit are dishonored, rejected, or otherwise returned unpaid by the paying bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, Customer agrees that an Original Check will not be returned to Customer, but that HCB may charge back the amount of the Original Check and provide Customer with an Image of the Original Check, a paper reproduction of the Original Check, or a Substitute Check (as defined in the Check 21 Act). Customer will reimburse HCB for all losses, costs, damages, or expenses caused by or relating to the processing of the returned item. Without HCB's approval, Customer shall not attempt to deposit or otherwise negotiate an Original Check or any copy of an Original Check (including a Substitute Check) if the Original Check has been charged back to Customer. HCB may debit any of Customer's Accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely. \nWarranties Regarding Original Checks and Images - Customer makes the following warranties and representations with respect to each Image and the related Original Check deposited using HCB Mobile Deposit: The Original Check and Image are payable to Customer in US dollars; The Original Check and Image are drawn on a US financial institution; The Original Check and Image do not bear any evidence of alteration and Customer does not know or have reason to believe that the Original Check or Image has been altered since the time the drawer presented the Original Check to Customer; All signatures on the Original Check and Image are authentic and authorized; The Original Check and Image are not counterfeit and, except for the Image submitted through the HCB Mobile Deposit, neither the Original Check nor the Image has been duplicated or copied; Each Original Check and Image bears all endorsements necessary for the paying bank to properly pay the Original Check or Image; Each Image is a true and accurate rendition of the front and back of the related Original Check, without any alteration, and the drawer of the Original Check has no defense against payment of the Original Check or Image; Each Original Check and Image meets all Applicable Standards; Each Original Check and Image contains all MICR line information required for a Substitute Check; The amount, payee(s), signature(s), and endorsement(s) on the Original Check and Image are legible, genuine, and accurate; Customer will not deposit or otherwise endorse to a third party the Original Check or any Image or other copy of the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an Original Check or Image that has already been paid; The Original Check was authorized by the drawer in the amount stated on the Image and to the payee(s) stated on the Image; Customer is authorized to enforce, collect and obtain payment for the Original Check and Image; Customer has handled the Original Check and Image in accordance with applicable federal, state and local laws, regulations, rules, applicable federal operating circulars and any applicable clearinghouse rules (\"Applicable Law\"); and Customer has possession of the Original Check and no party will submit the Original Check or any Image or other copy of it for payment. Additionally, with respect to each Image deposited through HCB Mobile Deposit, Customer makes to HCB all representations and warranties that HCB makes or is deemed to make to any party pursuant to Applicable Law. Customer agrees that files and Images transmitted to HCB will not contain any viruses or any other disabling features that may have an adverse impact on its network, data, or related systems. \nGeneral Warranties - Customer represents and warrants to HCB that: Customer will use HCB Mobile Deposit, any software related in any way to HCB Mobile Deposit, and any other technology or products supplied by HCB or any of its technology partners or service providers solely for lawful purposes and in compliance with all Applicable Laws, court orders, governmental agency orders, and judgments; No Applicable Law, court order, governmental agency order, or judgment will prohibit any transaction Customer conducts using HCB Mobile Deposit; and Customer will not use HCB Mobile Deposit to deposit or attempt to deposit a copy of any Substitute Check or any remotely created check without HCB's specific written authorization. Mobile Deposit Unavailability. HCB Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider or cellular service provider. Customer agrees to have a contingency plan for the deposit of Original Checks in the event that HCB Mobile Deposit is unavailable. In the event that HCB Mobile Deposit is unavailable, Customer may deposit Original Checks at HCB branches or through HCB ATMs subject to the terms of Customer's Account Agreement. HCB is not liable for delays resulting from the unavailability of HCB Mobile Deposit. Customer agrees to promptly notify HCB by phone at 1-888-422-2280 if HCB Mobile Deposit is unavailable or if there have been any interruptions in the availability of HCB Mobile Deposit.\nFunds Availability. For purposes of funds availability, deposits made using HCB Mobile Deposits and confirmed as received before 6:00 pm on a Business Day will be credited to Customer's Account on that Business Day. Deposits confirmed as received after 6:00 pm and deposits confirmed as received on days that are not Business Days will be credited to Customer's Account on the following Business Day. For purposes of this Agreement, a Business Day is a calendar day other than a Saturday, Sunday or legal federal holiday. Except as otherwise provided in this Agreement or the Account Agreement, Regulation CC shall apply to all Images and the place of deposit shall be HCB's main branch in Hastings, Michigan. \nConfidential and Proprietary Information - Customer acknowledges that HCB Mobile Deposit, any databases and any proprietary data, processes, methods, information or documentation disclosed or made available to Customer are the exclusive and confidential property of HCB or its technology partners and other service providers. In addition, Customer agrees to not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. HCB and its technology partners, inclusive of, but not limited to, Banno, EPS Profit Stars\"), retain all rights, title and interests in and to the Services, Software and any other technology or materials made available to Customer. For purposes of this Agreement, \"Software\" means any of HCB's or any of its technology partner's software used to provide the Service and any software created as a result of providing the Service. \nIndemnification - Customer agrees to indemnify HCB, its affiliates, and its officers, agents, and employees, and hold HCB, its affiliates, and its officers, agents, and employees harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from Customer's use of HCB Mobile Deposit or Customer's breach of this Agreement. Customer understands and agrees that this paragraph shall survive the termination of this Agreement. \nDISCLAIMER OF WARRANTIES. CUSTOMER AGREES THAT THE USE OF ANY REMOTE DEPOSIT SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT CUSTOMER'S OWN RISK AND IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. HCB DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HCB MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HCB MAKES NO WARRANTY THAT THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN HCB MOBILE DEPOSIT OR ANY RELATED TECHNOLOGY WILL BE CORRECTED. \nLIMITATION OF LIABILITY - CUSTOMER AGREES THAT HCB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY CUSTOMER OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF HCB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. \nResponsibility for Expenses - Customer is solely responsible for any expenses related to imaging Original Checks, accessing HCB Mobile Deposit, and maintaining Customer's Mobile Device. Customer is responsible for the payment of all telecommunication costs associated with using HCB Mobile Deposit, and HCB will not be responsible for providing, servicing, repairing, or replacing any Mobile Device. Suspension of HCB Mobile Deposit, Termination of Agreement. Either Customer or HCB may terminate this Agreement upon five days advance written notice to the other. Additionally, HCB may terminate this Agreement at any time without advance notice if Customer is in default under this Agreement, if HCB reasonably believes Customer has used HCB Mobile Deposit in violation of this Agreement or Applicable Law, if HCB reasonably believes that Customer has used HCB Mobile Deposit in a manner not specifically permitted in the Agreement. This Agreement will automatically terminate if Customer does not maintain an Account at HCB, delete HCB's mobile application from Customer's Mobile Device, or if Customer is not enrolled in Internet banking or mobile banking. Upon termination of the Agreement, Customer will no longer be able to use HCB Mobile Deposit. However, termination of this Agreement will not affect Customer's obligations under this Agreement, even if HCB allows a transaction to be completed after the termination of this Agreement. Furthermore, HCB may suspend Customer's use of HCB Mobile Deposit without terminating this Agreement if it reasonably suspects that Customer has violated the Agreement or Applicable Law or has used HCB Mobile Deposit in a manner not specifically permitted in the Agreement. If HCB suspends Customer's use of HCB Mobile Deposit, HCB will/may allow continued use of HCB Mobile Deposit if HCB determines that Customer has not violated the Agreement or Applicable Law.\n Amendment of Agreement. HCB may change any term of this Agreement at any time. HCB will notify Customer of any change in accordance with this Agreement. To the extent required by law, HCB will provide advance notice of a change. Customer will be deemed to accept a change to this Agreement if Customer continues to use HCB Mobile Deposit after notice of the change. Notices. All notices that HCB is required or permitted to provide to Customer under this Agreement will be in writing, will be effective upon sending unless otherwise specified in the notice, and shall be delivered to Customer's last known address as set forth in HCB's records. All notices that Customer is required or permitted to provide to HCB under this Agreement will be in writing, will be effective upon receipt, and shall be delivered to Highpoint Community Bank, 150 West Court Street, Hastings, Michigan 49058. Severability. To the extent permitted by applicable law, HCB and Customer each hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.\n Entire Agreement - This Agreement, including Exhibit A, and the Account Agreement embody the entire agreement between HCB and Customer with regard to HCB Mobile Deposit. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement or the Account Agreement are of no force or effect. To the extent that this Agreement and any Account Agreement are inconsistent, this Agreement shall control to the extent of the inconsistency.\nNo Waiver - No waiver of the performance or breach of, or default under, any condition or obligation in this Agreement will be deemed to be a waiver of any other performance, or breach or any other condition or obligation of this Agreement. \nGoverning Law - This Agreement is governed by, and shall be construed in accordance with the laws of the State of Michigan without regard to the conflict of laws principles thereof. \nJury Waiver - Customer and HCB each knowingly and voluntarily waive any right to trial by jury in any litigation regarding HCB Mobile Deposit or this Agreement. Exhibit A Schedule of Fee and Charges HCB does not currently charge for use of HCB Mobile Deposit with a Consumer Account. \n\nBILL PAYMENT AGREEMENT AND DISCLOSURE This Bill Payment Agreement and Disclosure (Agreement) describes your rights and obligations as a user of the Bill Payment service (Services). It also describes the rights and obligations of Highpoint Community Bank (Bank). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. I. Definitions The following definitions apply in this Agreement: 1. Authorized Representative refers to a person with authority (with respect to the account); 2. Bill Payment is the online service that enables the scheduling of bill payments using a personal computer; 3. ISP refers to your Internet Service Provider; 4. Online Banking is the internet-based service providing access to your Bank account(s); 5. Online Account means the Bank account from which you will be conducting transactions using a Service; 6. Password is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service; 7. PC means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account; 8. Time of day references are to Eastern Standard Time; 9. User ID is the customer-generated identification code selected by you for your connection to the Service; 10. We, us, or Bank refer to Bank which offers the Services and which holds the accounts accessed by the Services; and 11. You or your refers to the owner of the account or the authorized representative. II. Access to Services The Bank will provide instructions on how to use the Bill Payment Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software. III. Schedule of Fees Please refer to the Schedule of Fees provided to you at account opening or as revised. IV. Use of Your Security Password You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines: Do not give out your account information, Password, or User ID; Do not leave your PC unattended while you are in the Banks Online Banking or Bill Payment sites; Never leave your account information within range of others; and Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system. If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at 1-888-422-2280 between the hours of 9:00 a.m. to 6:00 p.m., Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability. If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password. V. Bill Payment Services Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals. All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, governmental payees or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. Scheduling Payments. Funds must be available in your Bill Payment Account on the processing date. Single Payments - A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payments processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time is currently 3 p.m. ET. A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payments processing date, the payment will be processed on the first business day following the designated processing date. Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), the payment will be paid after the weekend. Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date. For all subsequent payments, you agree to allow at least one (1) to four (4) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take one (1) to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take from four (4) to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges. \nNo Duty to Monitor Payments - The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons: insufficient funds in your Bill Payment Account to make the payment on the processing date; delays in mail delivery; changes to the payees address or account number unless we’ve been advised of the change in advance; the failure of any payee to correctly account for or credit the payment in a timely manner; or any other circumstances beyond the control of the Bank. If the session during which you schedule a payment or transfer ends by 3:00p.m, the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. The Bank will attempt to notify you by e-mail or U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting the Service at 1-888-422-2280 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected. Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service prior to 3:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Bank, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you. VI. Business Accounts For business accounts, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to: enter into this Agreement, as amended from time to time; access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and use any Online Bill Payment service in any manner and for any purpose available through the Service, whether now available or available at some time in the future. We may terminate bill payment services for excessive volumes of payments for business related expenses. VII. Term and Termination A. Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions. B. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances: you do not pay any fee required by this Agreement when due; you do not comply with the agreement governing your deposit or loan accounts; or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason. C. Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through the system will also be terminated. You may notify the Bank by one of the following methods: By sending an e-mail to ib@hcb.us By calling 1-888-422-2280. By writing a letter and either sending it to the following address: Attention: Electronic Banking Highpoint Community Bank, 150 W Court St, Hastings MI 49058 or giving it to a Customer Service Representative at any of the Banks locations. If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. VIII. Electronic Fund Transfer Provisions For Consumers Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumers checking, savings or other asset account and are subject to the Federal Reserve Boards Regulation E (an EFT). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section. Your Liability. In case of errors or questions regarding a Bill Payment transaction, Call us at: 888-422-2280 Write to: Highpoint Community Bank Electronic Banking 150 W. Court St. Hastings, MI 49058 Tell us at once if you believe your internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You must tell us the following: Your name and account number. A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information. The dollar amount of the suspected error. The account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.) If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days. If you tell us within two (2) business days after you learn of the loss or theft of your internet banking access code you can lose no more than fifty dollars ($50) if someone used your internet banking access code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your internet banking access code and we can prove we could have stopped someone from using your internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500). Also, if your statement shows transfers you did not make, including those made by code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a new account or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days (twenty (20) business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within ten (10) business days, we may not provisionally credit your account. We will tell you the results within three (3) business days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. IX. Liability A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. 10. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. \nIN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT. A. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account. \nB. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account. \nC. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware. \nGeneral Terms and Conditions A. Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. B. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. C. Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent. D. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically. E. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances: where it is necessary for the provision of Bill Payment and for completing transfers; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; in order to comply with government or court orders, or other reporting requirements; if you give us your permission; to the Bank affiliated companies. F. Governing Law. This Agreement is governed by the laws of the State of Michigan and applicable federal law.\n\n\n\nDIGITAL BANKING TERMS OF USE\n\nJack Henry & Associates, Inc. (\"JH\", \"our\", \"we\" or \"us\") is the primary service provider for this online banking platform and mobile device application (the \"App\") (collectively the \"Service\"). JH is not the provider of any financial services available to you through the Service, and JH is not responsible for any of the materials, information, or services made available to you through the Service.\n\nBy enrolling in or using the Service to access your account at your financial institution (the \"Account\"), you consent to these terms of use (the \"Terms\"), which are subject to periodic updates. The Terms are between JH and you, the end user. You agree that JH may notify you of any changes to the Terms through a communication or message through the Service, which will amend and replace the Terms upon your electronic acceptance.\n\nIf you are using the Service on behalf of a company or other organization, such company or organization will also be considered a party to the Terms, and you represent and warrant that you have the authority to bind such company or organization to the Terms.\n\nTHE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.\n\n1. Account Information.\na. Source of Information. At your request, the Service will retrieve information from your financial institution, including transaction-related information (\"Account Information\"). By submitting such information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service.\nb. Accuracy. You are responsible for providing JH with accurate and updated (as necessary) account numbers, usernames, passwords, PINs, and other log-in related information (\"Registration Information\") so that the Service may access your Account Information. JH will not be liable for any typographical, keystroke, or other error made by you, including any error caused by \"pre-filling\" or automated entry done on your behalf on a device.\nc. Confidentiality. If you use the Service, you are responsible for (i) maintaining the confidentiality of your Account and Registration Information; and (ii) restricting access to your Account on your device. You agree to accept responsibility for all activities that occur under your Account or password.\n\n2. Application of Privacy Laws.\na. Scope of the Service. JH acts as a processor or service provider, as such terms are defined under applicable privacy laws, to your financial institution which is the controller of your personal information and is primarily responsible for handling requests related to your personal information. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your personal information by the third party. If you are a business subscriber of the Service, business-to-business exceptions in certain privacy laws may apply to your information.\nb. Your Rights. Under applicable privacy laws, you may have certain rights such as the right to access your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution's services, including such information that may be gathered through the Service, such as Account Information and Registration Information. Please see your financial institution's privacy policy if you wish to make any requests under these rights.\nc. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such use is governed by its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service.\n\n3. Rights you Grant to JH.\na. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including passwords, Account Information, and Registration Information; and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals, to provide the Service, facilitate the provision of software updates, product support, product enhancements, and other services (if any) related to the Service. JH may use this information, if it is anonymized, to enhance its offerings, improve its products, or develop new or additional services or technologies.\nb. Chat Feature. When using the Service, you may choose to use a chat feature to communicate with a support representative at your financial institution. These chat sessions are recorded, and the recordings may be used as described herein. BY ACCESSING OR USING THE CHAT FEATURE IN THE SERVICE, YOU AFFIRMATIVELY CONSENT TO THE RECORDING OF THE CHAT SESSION TRANSCRIPT BY JH AND TO THE USE OF JH'S INTERNAL COOKIES FOR ANALYTIC PURPOSES. CHAT SESSION TRANSCRIPTS MAY BE SHARED WITH JH'S SERVICE PROVIDERS BUT USED SOLELY FOR THE PURPOSES OF PROVIDING OUR SERVICES. If enabled by your financial institution, the chat feature may be supported by artificial intelligence technology.\nc. Third-party Sites. When you use the \"Add Accounts\" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account will be directly connected to your designated third-party site. JH will submit information, including usernames and passwords that you provide to log you into the third-party site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service.\nd. Unauthorized access or use. You will immediately notify your financial institution of any breach of security or unauthorized use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion.\n\n4. Location-based Data, Telephone Information and Camera. You understand that when you enable and use any location-based feature, your geographic location and other device information is accessible by the Service. If you disable location-based services, features on the Service that use your location may not work until you re-enable location-based services. If you grant permission for the Service to access a camera, photos, media or other files on your device, you are agreeing to allow JH to use your information to fulfill your requested action, such as adding an image to a transaction, capturing images of a check that is being deposited, attaching a document to a chat in the chat feature, or adding a photograph to your profile.\n\n5. Subscription.\na. JH's Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The Terms will govern any updates to the Service.\nb. Your Rights. Subject to the Terms, JH grants you a subscription to use the Service in accordance with the Terms and for the sole purpose of enabling you to use your financial institution's services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the Terms are reserved by JH. Nothing in the Terms will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH.\n\n6. Subscription Restrictions.\na. You will not: (i) modify, revise or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without our permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, \"robot,\" \"bot,\" \"spider,\" \"scraper,\" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH's prior written permission; or (x) use the Service for benchmarking purposes, use another Service user's account, or use the Service to develop any competing product or service.\nb. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws and for your own personal use only, or, if you are a subscriber of the Service as a business or organization, only for your use on behalf of your business or organization for its internal business purposes.\nc. Minimum Age Requirements. If you are under the age of 13, as restricted by the Children's Online Privacy Protection Rule, or another such age as restricted by applicable law, you are not permitted to use the Service. If you authorize JH to grant your child 13 or over, or above such other age, to use or access the Service, you acknowledge and agree that the Terms, and any terms governing third-party integrations, will apply to your child. You further agree and accept full responsibility for your child's use of the Service, including any liability that he or she may incur in connection with their use of the Service.\n\n7. Service-related Alerts. As a part of the Service, you consent to receive all legally required notifications via electronic means. You may withdraw your consent to receive future notices in electronic form. You have the option of adding a mobile telephone number to your Account. If you opt for Service-related alerts via SMS text alerts or telephone, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Service. By use of the Service, you acknowledge that Service-related communications, alerts, or notifications may be sent by JH and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or a third party in reliance on an alert. You agree that JH will have no liability related to electronic communications, alerts, or notifications that are sent or received through your use of the Service.\n\n8. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and access to the internet, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider and the mobile app store from which you download the App.\na. Mobile Operating System Providers.\ni. Apple. If you download the App from the Apple App Store, you acknowledge and agree that the agreement is solely between you and JH, not Apple, Inc. (\"Apple\") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to JH as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and JH acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary.\nii. Google Play Store. If you download the App from the Google Play Store: (i) you acknowledge that the Terms are between you and JH only, and not with Google, Inc. (\"Google\"); (ii) your use of App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App.\n\n9. Suspension; Termination; Effect of Termination.\na. JH may suspend your subscription to use the Service at any time for any reason, including as may be required by applicable law, any potential security threat, or fraud. Upon suspension, you will no longer have access to the Service.\nb. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the Terms, your permission to use the Service automatically terminates. Upon termination, you will (i) no longer have access to the Service; and (ii) destroy all copies of your Account Information, Registration Information, and any information obtained from the Service.\n\n10. Translation. JH is not responsible for translating the Terms or any information contained within the Service to any other language. Translations of the Service and the Terms that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. To the extent the Service is available in a language other than the English language, JH is not responsible for any third-party translating services whatsoever including, but not limited to, the accuracy of the translation, translations which are not stylistically satisfactory, translations which involve the use of an artificial intelligence service, or your understanding of the translated content or financial loss resulting therefrom. A sworn translator does not certify translations of the Terms.\n\n11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associate us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.\n\n12. Disclaimer of Warranty. THE SERVICE AND THE APP ARE 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, ACCURACY, AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.\n\n13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, 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, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.\n\n14. Analytics. To assist JH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you.\n\n15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the Terms will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (\"AAA\") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (\"FAA\"), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator's decision will be controlled by the terms and conditions of the Terms; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.\n\n16. Miscellaneous. The Terms constitute the entire agreement between you and JH concerning the subject matter hereof. The Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the Terms 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. Failure by JH to insist upon strict enforcement of any provision of the Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The Terms and all related documentation are and will be in the English language. 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