E-Services Agreement - River City Bank

E-Services are Electronic Services including Website, Online Banking, Bill Pay, Mobile Banking, Mobile Deposit, Electronic Statements (E-Statements) and Electronic Records.

General Definitions

“Bank”, “Institution”, “we”, “our”, and “us” refers to River City Bank. “Customer”, “you”, and “your” refers to the individuals or entities subscribing to or using River City Bank services.

Welcome to River City Bank E-Services (Electronic Services)

THESE TERMS GOVERN THE USE OF E-SERVICES. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE WEBSITE OR E-SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE WEBSITE OR E-SERVICES. BY ACCESSING THE WEBSITE, ANY OF ITS PAGES, OR ADDITIONAL E-SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.

This website has been established by the Bank for the purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site or in this agreement takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control. From time to time the Bank may place links to other websites on this page. The Bank has no control over any other website and is not responsible for the content on any other site. Users assume all responsibility when they go to other sites via the links on our website.

River City Bank is pleased to offer you the many benefits of E-Services including Online Banking, Bill Pay, Mobile Banking, Mobile Deposit, Electronic Statements (E-Statements) and Electronic Records. Your use of E-Services is governed by this agreement, your account agreement and other disclosures, and any other agreements applicable to the deposit or loan accounts you access through E-Services, as they all may be amended from time to time. Any use of E-Services by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it. You represent that you are the legal owner of the accounts and other financial information which may be accessed via E-Services. You represent and agree that all information you provide to us in connection with E-Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating E-Services. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree to cooperate with any investigations regarding use of E-Services. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions. You agree to notify us in the event your E-Services device is lost or stolen. We will not request personal information such as account number, social security number, password, or PIN in a recorded telephone message, e-mail, or text message, or send a link to a website that asks for this type of information.

Use of Your Password

We will assign you a password to use the first time you sign on to Online Banking or other E-Services. At the time you first sign on, you must then select a new password. You may change your password at any time, but not more than once on the same day. We will require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it.

When you or any authorized user signs on to E-Services using your User ID and password, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. Since your password is the principal security measure to protect access to your accounts, you agree that you will not give your password or make it available to any unauthorized person. If you do give your password or make it available to another person, you authorize that person to access your accounts through E-Services and to give us instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization.

Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any E-Services transaction 1) initiated by you, at your direction, or with your consent (whether expressed or implied), 2) initiated by an agent with respect to any account which you may access through E-Services 3) initiated by a member of your household, whether or not related to you, or by a member of your organization, 4) initiated by any person (or that person’s agent) who is the owner or co-owner of any account which you may access through E-Services, 5) which results in the transfer of funds between accounts you may access through E-Services, even if subsequent transfers out of the accounts benefit someone else, 6) which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or 7) which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.

Reliance on Your Instructions

We may rely and act on instructions we receive through E-Services from you, from anyone to whom you gave your password or made your password available, from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through E-Services, and from any co-owner or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions. Additional instructions involving requesting stop payments, placing check orders, and requesting copies of checks and/or statements may be available.

In addition, we reserve the right to refuse to pay any person or entity to whom you may direct a payment through E-Services. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreement with us.

Overdrafts

If your use of E-Services overdraws your account and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by your account agreement.

Intra-bank Transfers from One Account to Another

If you authorize an intra-bank transfer of available funds before 9:30 p.m. on a business day, the intra bank transfer will be posted the same business day. If you authorize an intra-bank transfer after 9:30 p.m. on a business day, the intra-bank transfer will be posted the next business day.

Notices and Address

Any notice we give you concerning E-Services and/or your accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our account records. Any notice we send you will be deemed to have been received by you within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. To the extent permitted by law or regulation, you agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you orally or in writing. You may request a paper copy of the information up to sixty days after receiving our electronic message. You agree to notify us promptly in writing of any e-mail or address change.

Information Authorization

You authorize us to disclose any information relating to you and your accounts in accordance with the Bank’s Privacy Policy. Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party, except as specifically agreed by Institution or prohibited by law. You authorize us and our agents to request and obtain credit reports on you from any credit reporting agency and to obtain and verify information relating to you and your accounts from any other source. You further agree that we may obtain financial information regarding your accounts with any of your designated payees to resolve payment problems.

Bill Pay

You may use our bill paying service, Bill Pay, to direct us to make payments from your designated (checking) account to the payees you choose in accordance with this agreement. When you sign onto the bill pay system you will establish your list of payees. You may add a new fixed payment for any payee but only if they are on your authorized list of payees. If the payee is not set up for electronic payments, the service will generate a paper check for payment. The check will carry your account number and will clear directly through your account. A unique check number will appear on your statement for easy recognition. The Institution reserves the right to refuse the designation of a payee for any reason. The Institution is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a payee or if you attempt to pay a payee that is not on your authorized payee list.

You will designate the Amount and Deliver By date when initiating payments. Institution will generally process payments prior to Deliver By date in an effort to ensure timely delivery. Variable bill requests received after the cut-off time of 4:00 p.m. EST on a business day or any time on a non-business day will be processed on the next business day. Institution reserves its right to change the cut-off time. Recurring payment requests will be processed as you have designated, unless such date falls on a non-business day resulting in your payment being processed on the previous business day.

YOU SHOULD INITIATE PAYMENT AT LEAST 4-7 BUSINESS DAYS PRIOR TO THE DUE DATE FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS. Due to circumstances beyond our control, some payees take longer to post payments than others. After your first payment has posted you will have a better understanding of how much time to allow for each payee. You may want to select a Deliver By date that is before the actual Due Date reflected on your Payee statement. If your actual Due Date falls on a non-business day you must select a Deliver By date that is at least one business day before the actual Due Date.

When you have scheduled a payment, you authorize us to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using Bill Pay.

Bill Pay reserves the right to select the method in which to remit funds on your behalf to your Merchant. Any Bill Payment can be changed or cancelled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.

Mobile Banking

If you request Mobile Banking service, you agree to accept our Mobile Banking Terms and Conditions as provided in this section:

END USER TERMS

This service is provided to you by River City Bank and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and River City Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

RIVER CITY BANK TERMS AND CONDITIONS

Thank you for using River City Bank Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions please contact customer service at info@rivercity.bank or call 706-236-2123.

Terms and Conditions

The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from River City Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
The services are provided by River City Bank and not by any other third party. You and River City Bank are solely responsible for the content transmitted through the text messages sent to and from River City Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
Additional provisions and restrictions apply as provided in River City Bank’s E-Services Agreement. Tier 1 Supported Carriers include AT&T, T-Mobile, U.S. Cellular, Sprint, Verizon Wireless, MetroPCS, Cricket. The wireless carriers are not liable for delayed or undelivered messages. One text message per query. Message and Data Rates May Apply.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

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

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

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

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

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

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

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

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

9. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Mobile Banking Privacy Disclosure or you can access our Privacy Notice at https://rivercity.resultspw.com/privacy-notice/, which is incorporated into and made a part of this Agreement by this reference.

SECTION C

Zelle Network^® Standard Terms

1. Description of Services

a. We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”

b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

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

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

This Agreement may be amended from time to time. Any use of the service by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it.

3. Consent to Share Personal Information (Including Account Information)

We share personal information with Zelle and other Network Banks for the purpose of processing payment transactions in accordance with customary processes and procedures.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Notice at https://rivercity.resultspw.com/privacy-notice, which Privacy Notice is incorporated into and made a part of this Agreement by this reference.

5. Wireless Operator Data

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

6. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

b. Once enrolled, you may:

i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and

ii. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”

c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

7. Consent to Emails and Automated Text Messages.

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

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.

d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at info@rivercity.bank or call 706-236-2123. You expressly consent to receipt of a text message to confirm your “STOP” request.

f. Supported Carriers: AT&T, T-Mobile, U.S. Cellular, Sprint, Verizon Wireless, MetroPCS, Cricket.

8. Receiving Money; Money Transfers by Network Banks

All transfers of money to you shall be performed by a Network Bank per the direction of that Network Bank Customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

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

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

9. Sending Money; Debits by Network Banks

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

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

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

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

10. Liability.

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

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

11. Send Limits

Transfers from your Funding Account may be made up to $1,000 per transaction with a $2,000 daily aggregate dollar limit. We reserve the right to change from time to time the dollar amount of transfers you are permitted to make using the Transfer Service. All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the Transfer Service. Your transfer limits may vary from those of other consumers, depending upon criteria we establish from time to time.

12. Requesting Money

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

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

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

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

13. Transaction Errors

In case of errors or questions about your electronic fund transfers,

call us at: (706)236-2123 or

write to: River City Bank, 228 North 2nd Avenue, Rome, GA 30165

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact River City Bank no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

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 you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) 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 for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

14. Your Liability for Unauthorized Transfers

Consumer Liability – Tell us at once if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN and we can prove we could have stopped someone from using your Debit Card or PIN 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 card, 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.

15. Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

If through no fault of ours, you do not have enough money in your account to make the transfer.
If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
If the electronic terminal was not working properly and you knew about the breakdown before you started the
If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
If we have terminated our Agreement with you.
When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a
If we receive inaccurate or incomplete information needed to complete a transaction.
In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
If the funds in the account are subject to legal action preventing a transfer to or from your account.
If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

16. Fees

We do not charge a fee for using the Transfer Service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. In addition, fees may apply if you use the Transfer Service through another financial institution or through Zelle’s separate transfer service website or mobile app. However, we reserve the right to assess fees in connection with the Transfer Service in the future.

17. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our E-Services Agreement, which is available at https://rivercity.resultspw.com/e-services-agreement/ and incorporated into and made part of this Agreement by this reference.

18. Cancellation of the Service

All parties have the right to cancel use and access to the Zelle platforms at any time. Specifically, we and Zelle reserve the right to terminate your use or access to one or more Zelle platforms at any time and without notice.

19. Right to Terminate Access

In the event (i) you violate any terms of this Agreement, (ii) there are unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Service, or (iii) we incur problems with your use of the Service, you agree that we may suspend or terminate your access to the Service at any time.

20. Disclaimer of Warranties

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

21. Limitation of Liability

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

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

22. Indemnification

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

23. Governing Law; Choice of Law; Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and applicable federal law, without regard to its conflicts of law provisions. Any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Rome, Floyd County, Georgia, USA. This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

24. Miscellaneous

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

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

Mobile Deposit

Checks scanned for deposit must:

(1) Be restrictively endorsed: “For Mobile Deposit Only to River City Bank”,

(2) Be payable to you as the account owner only, and

(3) Be legible and meet quality standards.

All endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into an account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your account using the Services.

The image of an item transmitted to the Bank using Mobile Deposit must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying Bank that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time of an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check). If you use Mobile Deposit to transmit anything that is not an item, or for any reason the Bank is not able to recognize something transmitted as an item, the Bank may reject it without prior notice to you.

All notifications from us regarding checks deposited via mobile deposit will be sent via email. You will receive an initial e-mail notification of receipt, and you will be notified separately when your item has been approved for processing. Your check is not approved for deposit until you have received the deposit approval notification. Notifications will be sent same day for deposits submitted by 5 p.m. EST on a banking business day. Funds from approved deposits will generally be made available on the business day following notification but may be further delayed.

Items that have been approved and credited to your account should be destroyed and disposed of in a timely manner that should not exceed 30 days from the time of deposit. You agree to properly dispose of the item to ensure it is not represented for payment. You agree to promptly provide any retained item or record of the item to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes.

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the service and to modify such limits from time to time. You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of the Uniform Commercial Code. You agree that items transmitted are not subject to the funds availability requirements of Regulation CC.

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive an e-mail notification of receipt. Receipt of such notification does not mean that the transmission was error free or complete. You agree that you will not duplicate, deposit, or represent the original item. You agree that you will not use the service to scan and deposit checks or items:

Payable to any person or entity other than you.
Containing obvious alteration, or which you know or suspect are fraudulent or unauthorized.
Previously converted to a substitute check as defined in Reg CC.
That are remotely created checks as defined in Reg CC.
Drawn on a financial institution located outside the United States.
Not payable in United States currency.
Dated more than 6 months prior to the date of deposit.
Prohibited by our current procedures or account terms.

FIS Personal Finance

This End User License Agreement (“User Agreement”) contains the terms and conditions for your use of FIS Personal Finance tools and services that we may provide to you and that involve accessing third party account information (“Services”). Hereinafter “us” “we” “our” or “Financial Institution” refers to your financial services provider.

Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Content You Provide. Your use of the Services is your authorization for Financial Institution or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
Power of Attorney. You grant Financial Institution and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
Third Party Accounts. With respect to any third party sites we may enable you to access through the Services or with respect to any non- Financial Institution accounts you include in the Services, you agree to the following:
1. You are responsible for all fees charged by the third party in connection with any non- Financial Institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Financial Institution account, you agree to direct these to the account provider.
2. Any links to third party sites that we may provide are for your convenience only, and Financial Institution and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
Limitations of Services. When using the Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User Agreement. Your continued use will indicate your acceptance of the revised User Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institution or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institutions nor its third party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS 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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
Export Restrictions. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
Other Terms. You may not assign this User Agreement. A determination that any provision of this User Agreement is unenforceable or invalid shall not render any other provision of this User Agreement unenforceable or invalid.

Electronic Statements (E-Statements) and Electronic Records (additional agreement required for services in this section)

If you request E-Statements and Electronic Records in lieu of paper records, you will be required to accept the additional provisions and restrictions provided in our Electronic Signatures in Global and National Commerce Act (E-Sign Act) Disclosure and Consent Agreement. While separate affirmative consent is required, the agreement is provided in this section for informational purposes:

Electronic Signatures in Global and National Commerce Act (E-Sign Act) Disclosure and Consent Agreement

Acceptance of this agreement is required for consumer to receive electronic records from River City Bank in lieu of paper records. Consumer agrees to provide a valid e-mail address to receive electronic records and notifications.

Consumer has the right or option to have the record provided or made available on paper or in non-electronic form. Consumer has the right to withdraw the consent to have the record provided or made available in an electronic form. There are no conditions, consequences, or fees in the event of such withdrawal.
Consumer consent applies to all categories of records that may be provided or made available during the course of the parties’ relationship including but not limited to statements, disclosures, agreements, notices, terms and conditions, communications, and other documents as applicable for other services that consumer may sign up for.
Consumer may withdraw consent by contacting River City Bank, 228 North 2^nd Avenue, Rome, GA 30165, telephone 706-236-2123. Consumer may update contact e-mail address through Online Banking or by contacting River City Bank, 228 North 2^nd Avenue, Rome, GA 30165, telephone 706-236-2123. It is the consumer’s responsibility to update their e-mail information to receive e-statements or e-disclosures.
Consumer may request a paper copy of an electronic record by contacting River City Bank, 228 North 2^nd Avenue, Rome, GA 30165, telephone 706-236-2123. Fees may apply as noted on Miscellaneous Services/Fees and account disclosures.
Consumer computer system meets the minimum system requirements set forth below: To access e-Statements, consumer will need an Internet Service Provider. Consumer will need an Internet browser such as Microsoft Edge current version, Apple Safari current version, Google Chrome current version, or Mozilla Firefox current version. JavaScript must be enabled, and consumer’s browser will also need to allow the storing of cookies from our online banking site. Adobe Acrobat Reader maybe needed to save PDF copies of consumer’s statements. When downloading PDF documents be sure to use the download tab. Consumer will also need a computer monitor capable of displaying Internet Web pages and graphics.
Consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent. See below.

Liabilities, Damages, and Warranties

You are solely responsible for controlling the safekeeping of and access to, your password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify us and arrange to change your password. You will be responsible for any transaction you make that contains an error or is a duplicate of another transaction. Institution is not liable for any failure to make a transaction if you fail to promptly notify the Institution after you learn that you have not received credit from a Merchant for a transaction. Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Institution’s agent. In any event, Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or E-Services, even if the Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s reasonable control.

If any one or more of your deposit accounts has co-owners or co-signers, each will be jointly and severally liable for any obligation which arises from the use of E-Services to access the account. This joint and several liability shall extend to any line of credit accessed through any such account.

Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.

In using E-Services, you understand that the service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the service account number is not valid; the service is unable to locate account; or payee account is paid in full. The service will use its best efforts to research and correct the returned payment, or void the payment and credit your payment account. You may receive notification from the service.

Institution and suppliers are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by E-Services or in any way arising out of the installation, use or maintenance of your computer hardware or software, including any software provided by Institution or one of its suppliers. Institution and suppliers will incur no liability (and no obligation as to late charges) if we are unable to complete any of your transfer or payment instructions. In addition, Institution disclaims any responsibility for any electronic virus customer may encounter after installation of such software or use of E-Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable if any of the following circumstances exist:

You do not have enough money in your account to complete the transaction.
The transaction will exceed the credit limit on your related overdraft line of credit.
You do not allow us adequate time according to this Agreement to process transfer or payment instructions we receive from you.
The electronic bill payment processing center is not working properly.
The person or entity to whom you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us.
You have provided us with incorrect, incomplete or inaccurate data or information concerning a payee or other account information, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement.
There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, electronic terminals, telecommunication devices, electronic fund transfer system, or telephone communications).
Circumstances beyond our control (such as, but not limited to, fire, flood, explosion, lightning, pest damage, power surges or failures, water, acts of God, the elements, war, civil disturbances, acts of governmental authorities, civil or military authorities or the public enemy, damaged transportation facilities, interference from an outside force, labor disputes, strikes, lockouts, delays of couriers or supplies, communications failures, improper transmission, improper handling by a third party, loss of confidentiality or security of any data, or equipment malfunction) prevent the proper execution of the transaction, despite reasonable precautions we have taken.
This Agreement or your payment or transfer authorization has been terminated.
Your account has been closed, there is a hold on your account, or access to your account is blocked in accordance with our policies.
Your funds are subject to legal process or encumbrances restricting transaction.
Applicable law prevents completion of the transaction.
Unusual or extraordinary circumstances exists which indicate improper, fraudulent, or unlawful use of your account.
You believe someone has accessed your account without your permission and you fail to notify us immediately.
You knew that E-Services were not operating properly at the time you initiated the transaction or payment.
Postal delay.

Provided none of the circumstances described above are applicable, if we cause an incorrect amount of funds to be removed from your account and our action was unintentional and resulted from a bona fide error on our part, we will be responsible for returning the improperly transferred funds to your account. We will not be liable for other losses and damages caused by our failure except to the extent specifically required by law.

Institution and its suppliers provide E-Services from their own sites, and they make no representation or warranty that any information, material, or functions included in E-Services are appropriate for use by you in your jurisdiction. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law. If you choose to use E-Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of E-Services or contained in any third party sites linked to or from Institution’s web site. INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF E-SERVICES OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

We may on a regular basis perform maintenance on our equipment or system which may result in interrupted service or errors in the service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that E-Services will be uninterrupted or error free. Our sole obligation to you arising out of (i) the nonavailability of E-Services, or (ii) an interruption or delay in providing E-Services shall be to use commercially reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK (OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT OR E-SERVICES.

The Bank makes no warranties of any kind regarding the products and services advertised on the website. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.

Indemnification and Additional Remedies

Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, affiliates, service providers, suppliers, and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement. Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are cancelled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another account agreement between you and the Institution, the account agreements and disclosures will control.

Amendments, Termination, Assignment, Waiver

We reserve the right to amend this Agreement at any time. We will provide you with any notice required by law of any changes to the terms of this Agreement. Your use of E-Services after we amend this Agreement will constitute your acceptance of such changes.

The Financial Institution has the right to terminate this Agreement and services at any time. You may terminate this Agreement by written notice to the Financial Institution. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement. You will remain liable for payments, transfers, and other transactions in process and for the payment of any accrued fees and charges. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.

You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.

Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

Virus Protection

Institution is not responsible for any electronic virus that you may encounter using the E-Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files, and hardware.

Electronic Mail (E-mail)

Sending e-mail is a very good way to communicate with Institution regarding your accounts or services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate transactions. All such transactions must be initiated using the appropriate functions within E-Services. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

Fees

You agree that we may charge your account for all fees and charges relating to E-Services in accordance with the applicable account and fee disclosures. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your account does not have a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or in your account agreement.

Additional charges for customer requested services and other items may apply if required by third party service providers. You agree to pay our standard charges for the research and copying of documents and for any other expenses we incur in complying with such legal process including, but not limited to, our attorneys’ fees.

Governing Law

ELECTRONIC FUND TRANSFER DISCLOSURE

For purposes of this disclosure the terms “we”, “us” and “our” refer to River City Bank. The terms “you” and “your” refer to the recipient of this disclosure.

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your debit card (hereinafter referred to collectively as “Debit Card”) at automated teller machines (ATMs) and any networks described below.

This disclosure contains important information about your use of EFT services provided by River City Bank in relation to accounts established primarily for personal, family or household purposes. Please read this document carefully and retain it for future reference.

DEFINITION OF BUSINESS DAY. Business days are Monday through Friday excluding holidays.

DEBIT CARD SERVICES. The services available through use of your debit card are described below.

DEBIT CARD SERVICES:

You may withdraw cash from your checking account(s) and savings account(s).
You may transfer funds between your checking and savings accounts.
You may make balance inquiries on your checking account(s) and savings account(s).
You may use your card at any merchant that accepts MasterCard^® debit cards for the purchase of goods and services.

ATM SERVICES.

NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions. You may access your Debit Card through the following network(s): MasterCard, Pulse, Cirrus, Plus.
ATM FEES. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

POINT OF SALE TRANSACTIONS. Listed below is the card you may use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as “Participating Merchants”). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card, including any purchase where you receive cash, are referred to as “Point of Sale” transactions and will cause your “designated account” to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay the overdraft.

The following card and the corresponding designated account(s) may be used for Point of Sale transactions:

debit card: checking account.

Your Debit card may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement.

AUTHORIZATION HOLDS. An authorization hold is a temporary hold that is placed on your account for certain debit card transactions. The amount of the temporary hold may be more than the actual amount of the transaction, so your available account balance will temporarily be reduced by the amount of the temporary hold. If the authorization hold or the processing of subsequent transactions causes your account to have non-sufficient funds to pay the transaction, your account may be subject a non-sufficient fund fee or subject to our Overdraft policy, and if applicable, any overdraft protection plan.

CURRENCY CONVERSION – MasterCard^®. If you perform transactions with your card with the MasterCard^® logo in a currency other than US dollars, MasterCard International Inc. will convert the charge into a US dollar amount. At MasterCard International they use a currency conversion procedure, which is disclosed to institutions that issue MasterCard^®. Currently the currency conversion rate used by MasterCard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by MasterCard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by MasterCard International. The currency conversion rate used by MasterCard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.

PREAUTHORIZED TRANSFER SERVICES

You may arrange for the preauthorized automatic deposit of funds to your checking account(s) and savings account(s).
You may arrange for the preauthorized automatic payment of bills from your checking account(s) and savings account(s).

SERVICES PROVIDED THROUGH USE OF ONLINE BANKING AND MOBILE BANKING*. River City Bank offers its customers use of our Online Banking and Mobile Banking* service.

Transfer funds to/from checking/savings/lines of credit
Make payments from checking/savings to loan accounts with us
Make payments from checking/savings to 3rd parties (bill pay)
Get account information on checking/savings/loans
Make peer-to-peer (P2P) payments with Zelle

* Make mobile deposits – restrictions may apply

* Data charges may apply based on your cell phone provider

ELECTRONIC CHECK CONVERSION. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

LIMITATIONS ON TRANSACTIONS

TRANSACTION LIMITATIONS – DEBIT CARD

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day.

There is a daily limit for all ATM withdrawal transactions. For security reasons, specific dollar limits are disclosed at the time the Debit Card is issued. River City Bank reserves the right to change dollar amount limits at any time upon prior notification.

POINT OF SALE LIMITATIONS. You may buy up to $2,500.00 worth of goods or services in any one day through use of our Point of Sale service.

OTHER LIMITATIONS.

The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
We reserve the right to impose limitations for security purposes at any time.
Transfers or withdrawals from a savings or money market account to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party, are limited to six per calendar month. If you exceed these limits, your account is subject to closure.

LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone transfers, online transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six such transactions from each money market and/or savings type account(s) you have each month for purposes of making a payment to a third party or by use of a telephone or computer.

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.

TRANSACTION RECEIPTS. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:

you can call us at (706)236-2123 to find out whether or not the deposit has been made.

USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER (“PIN”). In order to assist us in maintaining the
security of your account and the terminals, the Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.

Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify River City Bank immediately if your Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Debit Card or to write your PIN on your Debit Card or on any other item kept with your Debit Card. We have the right to refuse a transaction on your account when your Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN at an ATM.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,

call us at: (706)236-212 or

write to: River City Bank, 228 North 2^nd Avenue, Rome, GA 30165

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your Debit Card or PIN or internet banking access code has been lost or stolen,

call us at: (706)236-2123 (9:00am – 5:00pm) or

write to: River City Bank, 228 North 2^nd Avenue, Rome, GA 30165

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

CONSUMER LIABILITY. Tell us AT ONCE if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN and we can prove we could have stopped someone from using your Debit Card or PIN without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING DEBIT CARD. The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the MasterCard^® branded card.

If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your MasterCard^® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. In case of errors or questions about your electronic fund transfers,

call us at: (706)236-2123 or

write to: River City Bank, 228 North 2^nd Avenue, Rome, GA 30165

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 you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

If through no fault of ours, you do not have enough money in your account to make the transfer.
If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
If the electronic terminal was not working properly and you knew about the breakdown before you started the
If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
If we have terminated our Agreement with you.
When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a
If we receive inaccurate or incomplete information needed to complete a transaction.
In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
If the funds in the account are subject to legal action preventing a transfer to or from your account.
If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS. We reserve the right to impose a fee and to change fees upon notice to you.

If enrolled in River City Bank’s Bill Pay service, at least one bill pay transaction must post to your account within each billable cycle or an Inactive BillPay Fee of $6.50 will be charged to your account. Your Bill Pay billable cycle ends each month on the anniversary day that you were initially enrolled in the Bill Pay service.

Other fees may apply as noted on the Miscellaneous Services/Fees disclosure and on other account opening disclosures.

DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information to third parties about your account or electronic fund transfers made to your account:

Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
In order to comply with government agency or court orders; or
If you give us your permission in a record or writing.

SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

Have your Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the Keep some extra forms (envelopes) at home for this purpose.
If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different
If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
When using the machine, stand so you block anyone else’s view from behind.
If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.

ADDITIONAL PROVISIONS

Your account is also governed by the terms and conditions of other applicable agreements between you and River City Bank.

YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.