Woodforest Mobile Deposit: Amendment to Woodforest National Bank Online Services Agreement

Rev. 08.15.20

The Service allows you to make certain deposits to an Eligible Account electronically by using a capture device to create an electronic image of a paper check or other paper source document only payable in U.S. Dollars ("Item") by scanning the Item and transmitting it and related data to us. As part of the Service you must use software and hardware provided by or acceptable to us. You are solely responsible for information or data that is transmitted, supplied or key-entered by you, your employees or agents.

An account will be eligible for the Service 1 business day after account opening. It is important to note that if 2 or more items deposited into an Eligible Account are returned within a 90 day period, the Service will no longer be available on said Eligible Account with no notice to you. The Service will be reinstated on an otherwise Eligible Account, with no notice to you, if no additional items are returned at the conclusion of a 90 day period.

Except as noted below, you agree to deposit only checks, cashier’s checks, money orders, or traveler’s checks that are drawn on or payable at or through a U.S. bank and that are payable to and endorsed by you (hereinafter referred to as “Eligible Items”). You agree that you will not use the Service to deposit any checks or other items as shown below: a. Checks or items payable to any person or entity other than you. b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder. c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn. d. Checks or items previously converted to a substitute check, as defined in Reg CC. e. Checks or items drawn on a financial institution located outside the United States. f. Checks or items that are remotely created checks, as defined in Reg CC. g. Checks or items not payable in United States currency.

Before you scan any Item, you shall endorse all Items with your name and the legend "For deposit only to Woodforest account # _______."

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.

We currently do not charge a fee for the Service; however, we reserve the right to change this policy at any time as long as we provide reasonably sufficient notice as to the new charges, as may be required by applicable law and/or regulation. Continued use of the Service after the fee becomes effective means you agree to pay the fee that has been disclosed to you, as may be amended from time to time.

If we receive an approved Eligible Item on or before 8:00 PM Central Time, we will consider that day to be the day of deposit. If we receive an approved Eligible Item at or after 8:00 PM Central Time or on Christmas Day, we will consider that the deposit was made on the next business day.

Funds deposited using the Service will generally be available for withdrawal by the next day after the day of deposit. However, subject to applicable laws, rules, and regulations, we may apply additional delays on the availability of funds based on any other factors as determined by us and within our sole discretion.

If the electronic files and/or images transmitted to us with respect to any Item do not comply with our or our processor's requirements for content and/or format, we may, in our sole discretion: a. further transmit the Item and data in the form received from you; b. repair or attempt to repair the Item or data and then further transmit it; c. process the Item as photocopies in lieu of originals; d. return the data and Item to you unprocessed and charge back your account; or e. in the event of loss of business continuity, continue to process approved deposits according to our disaster recovery procedures.

After transmitting the eligible Item to us, you will retain the original paper item until you have received confirmation from us that we have approved the item for processing. Upon receipt of this confirmation from us you then agree to prominently mark the item as “Mobile Deposited on Date” (ex: Mobile Deposited on 1/22/20) in the memo line or at the top of the Item to ensure that it is not represented for payment elsewhere. You will promptly provide any retained item, or a sufficient copy of the front and back 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.

When using the Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you, subject to applicable laws, rules, and regulations.

You represent and warrant to us that: a. any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn; b. the information you transmit to us corresponding to an Item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the Item; c. the Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC; d. no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item that has already paid; e. You will not redeposit through this Service any Item previously deposited and returned to you unless we advise you otherwise; f. You will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure no unauthorized access or duplicate presentment; g. You will only transmit Items that originated as paper Items. h. You will comply with all laws and regulations applicable to you in your use of the Service and not use the Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority; and i. If you are depositing Items on behalf of third parties, A. the owner of the Item has authorized you to negotiate the Item and electronically transmit the Item; and B. if you are scanning Items from a location outside of the U.S., such authorization covers the cross-border transmittal of the Item.

You agree to defend, indemnify and hold us harmless for any loss or expense (including attorney's fees and expenses of litigation) resulting from: a. your breach of any of the warranties made by you pursuant to this Amendment or the Account Documentation; b. any claim pertaining to any warranty or indemnity that we make with respect to an Item under the Check Clearing for the 21st Century Act, Federal Reserve Board Regulations CC and J and all other laws, regulations and industry and clearing house rules applicable to Items.

Your use of the Service and all information, products and other content included in or accessible from the Service (whether provided or made available by us or a third party service provider) is conducted and assumed at your sole risk. The Service is provided on an "as is" and "as available" basis except as otherwise stated herein, Woodforest National Bank and its third party service providers expressly disclaim all warranties of any kind to the fullest extent permitted by law as to the Service and all information, products and other content included in or accessible from the Service, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Woodforest National Bank and our third party service providers make no warranty that (i) the Online Services will meet your requirements, (ii) the Online Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Online Services will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Online Services will meet your expectations, (v) any errors or defects in the technology will be corrected or (vi) the website is free of viruses or harmful components.

In no event shall Woodforest National Bank or any of our officers, directors, shareholders, parents, affiliates, agents, or third party service providers be held liable to you or any Eligible Account Owner, Authorized Signer, Guarantor, Primary Borrower, Custodian, or other with an unspecified interest therein for damages due to our failure to complete a mobile deposit. Neither Woodforest National Bank nor any of our officers, directors, shareholders, parents, affiliates, agents, or third party service providers shall be liable for any special, indirect, punitive or consequential damages, including, without limitation, lost profits or revenues, even if Woodforest National Bank is advised in advance of the possibility of such damages.

You agree that Woodforest National Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Amendment. Without limiting the effect of the foregoing, any breach of this Amendment immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Woodforest National Bank’s business interest, or (iii) to Woodforest National Bank’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.