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MOBILE BANKING DISCLOSURES

Terms & Conditions

Acceptance: This Great Western Agreement ("Agreement") is comprised __ this Agreement, and may __ Great Western ebanking and or more Addendums covering related to Great Western . If you enroll in Western ebanking through the _ enrollment process , or __ you use any Great __ ebanking Service, you acknowledge _ you have received, reviewed, agree to the terms conditions of the current Western ebanking Agreement, , __ Addendums applicable to the Western ebanking Service(s), including _ thereto, as may be __ or restated from time __ time by Great Western _ (hereinafter referred to as or Great Western Bank).

Introduction: This Great Western Agreement ("Agreement") sets forth terms and conditions for _ your Great Western Bank and services via Great __ ebanking ("Great Western ebanking"). __ the extent reflected in _ Addendum hereto, the term " Western ebanking" shall include __ services such as Bill-Pay, _ Banking, and Mobile Remote __ Capture, and other services __ by an Addendum to Great Western ebanking Agreement. _ Agreement is in addition __ other agreements between you GWB. Except as specifically herein, if there is _ conflict between the terms conditions of this Agreement one or more terms _ in the other agreements __ you and GWB, this _ will control to resolve conflicts as they relate __ Great Western ebanking, but conflicting terms will remain __ effect to the extent _ apply in a manner _ does not cause a . If you have previously _ to a version of _ Agreement while enrolling in or more Great Western Service(s) (defined below), and subsequently asked to agree __ a version of this _ to enroll in different Western ebanking Services, any _ then in effect shall _ in effect and be by the terms of _ Agreement unless otherwise stated. herein to "this Agreement" include all applicable Addendums, and Schedules hereto, as be amended or restated _ time to time by .

Address Changes: You agree to notify a GWB personal __ representative of any address _, electronic mail address change, /__ any change to your _ number, and agree to __ any authenticating information needed __ GWB to effect such __.

Disclosures; Notices: The following terms current GWB Policies, Notices Disclosures affecting your Great __ ebanking Services and/or Registered (defined below):

Account Terms and Conditions: "Account Terms and " means the Terms and of your Account Agreement _ GWB provided to you __ account opening, and any amendments thereto of which has notified you.

EFT Rights and Responsibilities: "EFT Rights and _" means the document entitled " Funds Transfers--Your Rights and _" which GWB provided to at account opening, and subsequent amendments thereto of GWB has notified you.

Electronic Communications Disclosure: "Electronic Communications Disclosure" the Disclosure that GWB to you at account __, and any subsequent amendments __ of which GWB has you.

Funds Availability: "Funds Availability" means GWB′s _ as described in the Availability Disclosure which GWB to you at account __, and any subsequent amendments __ of which GWB has you.

General Notices: Current Notices affecting your Western ebanking Services means notices that have been __ to you or which _ been posted on the website located at www.greatwesternbank.com

Privacy Policy: GWB′s current Privacy Policy be found at https://gwb-online.com/bnk/digital/index.html/privacy-policy/

Schedule of Fees: "Schedule of Fees" the Schedule of Fees _ was provided to you __ account opening, and any amendments thereto of which has notified you.

Website Terms of Use: GWB′s current Website Terms __ Use can be found __ https://gwb-online.com/bnk/digital/index.html/terms-of-use/

Definitions: To the extent not _ defined herein the following shall have the following :

"Bill Pay Service" means each of variety of products and through which you can bill payments directly from to a payee.

"Customer," "you" and "your" means the person _ the Great Western ebanking __ .

"Handheld Device" includes a cell or personal digital assistant hardware and software requirements __ specified by GWB from _ to time.

"Mobile Banking Service" means each of variety of products and you may access through _ Handheld Device. These products services include, but are limited to, browser and _ banking. Not all Registered are accessible through the _ Banking Service.

"Great Western ebanking Service" means each of variety of products and you may access or _ in through the Web _.

"Owner" means each person is an owner of _ Registered Account as reflected __ GWB′s books and records, includes any authorized signer __ such Registered Account as _ in GWB′s books and __.

"Registered Account" or "Account" means each GWB __ you have with GWB is registered, as provided _, for access via an Western ebanking Service.

"Service" or "Services" means GWB Great __ ebanking Services, and includes applicable Registered Accounts and Western ebanking Services you access via the Web _ pursuant to this Agreement.

"We" , "us" , "our" , "Bank" , "Great Western Bank" and "GWB" means Great Western _ and any affiliate, agent, _ contractor, designee, or assignee may, at its sole , involve in the provision __ a Service.

"Web Site" or "Site" means GWB website(s) all other web pages by GWB and accessible __ www.greatwesternbank.com .It also includes any website or web pages can access only after , or a person for _ you are acting as __ authorized signer, enter into _ Agreement as a condition __ access.

Accessing your GWB Accounts __ Great Western ebanking Requirements: To access your Accounts through Great Western , you must have one __ more eligible GWB accounts, _ Great Western ebanking User __ and a password. Your will give you access __ your GWB accounts through Western ebanking. This password be changed by you __ Great Western ebanking from My Settings screen. . security purposes, it is _ that you memorize your and do not write __ down. You are responsible keeping your password and __ data confidential. We also _ that you change your regularly. If you believe _ login information may have _ lost or stolen or __ has transferred or may funds from your account __ your permission, notify a Representative immediately. In addition, must have adequate software __ your personal computer (or Device, if applicable) to __ Great Western ebanking, which meets the Technical Specifications _ and periodically updated at:

https://gwb-online.com/bnk/digital/index.html/personal/great-western-ebanking/technical-specifications/ .

Accounts and Services Accessible __ Great Western ebanking are on the Great Western page of the GWB __ at www.greatwesternbank.com

Fees and Charges: You are responsible any telephone or connectivity __ which you may incur __ accessing your GWB accounts /__ services through Great Western . Your consent to this _, including all Addendums hereto, _ not change in any __ the terms and conditions __ your existing agreements with parties, including online or _ service providers. Other fees, __ described in the applicable __ Disclosure, may apply to ordered or accessed online to transfers from a _ account. You agree to pay all applicable fees charges. Please note that non-banking fees may be and billed separately by _ online service or mobile __ provider, whose message and data may apply. You can _ the fee schedule related __ your Accounts here: https://gwb-online.com/bnk/digital/index.html/personal/banking/checking/

Electronic Mail (E-Mail): Sending E-mail is _ way to communicate with , but because your E-mail __ actually sent via your E-mail software and not __ Great Western ebanking Services, _-_ transmissions may not be _. Because of this, you _ not include confidential information, _ as account numbers, balances, _ security numbers, etc. Great Western Bank is __ not liable for any _, omissions, claims or problems __ any kind involving your _-_ or mobile device. You cannot use _-_ to initiate transactions on _ Account(s). For banking transactions, _ use the appropriate functions _ Great Western ebanking or _ a GWB Customer Service _.

Export Control: You acknowledge that _ use of the Services __ subject to the United _ government export control laws regulations, which may restrict __ prohibit the use, export, __-_, or transfer of the or any component part __. You agree that you _ not directly or indirectly the Services to violate United States export laws regulations. Without limitation, you that you will not the Services in any _ or sanctioned country such __ Cuba, Iran, North Korea, , and Syria.

Benefits of Using Great __ ebanking: Through Great Western , you can manage your Accounts from your home __ office on your personal and, for Mobile Banking, __ your authorized Handheld Device. can use Great Western to:

  • Confirm Deposits & Withdrawals
  • Initiate Transfers
  • Pay Bills
  • Make Loan Payments
  • View & Print Check & Statement Copies

New Services: The above Services referred to as "Great __ ebanking Services". GWB may _ time to time, introduce Great Western ebanking Services. __ using these Services when _ become available, you agree __ be bound by the , rules and restrictions contained __ this Agreement.

Payment Account: You must designate _ payment Account (usually a account) for certain services _ as Bill Pay Services. authorize GWB to charge Account you have designated __ the payment account or other Account for the fees if you do otherwise pay them in _ timely manner. If you your designated payment account, must notify GWB and a new payment account the selected Services. Additionally, __ you close all accounts __ GWB, you will no _ be allowed to use Western ebanking Services, and _ notify a Customer Service _ to cancel your Great __ ebanking Services and pay amounts due.

Hours of Accessibility: You can usually _ your accounts through Great __ ebanking seven (7) days _ week, 24 hours a . However, at certain times, _ or all of Great __ ebanking Services may not __ available due to system _ or reason beyond our __. GWB specifically does not __ that Great Western ebanking _ be available at all . During these times when Western ebanking is not _, you may use Express™ 24-_ Phone Banking, a GWB , or a GWB branch __ conduct your transactions. A initiated through Great Western before 7 P.M. Central Time (CST) on a Day is posted to _ account the same day. transfers completed after 7 _._. CST on a Business or on a Saturday, _ or banking holiday will _ the next business day. Days are Monday - _, except for federal banking .

Errors Or Questions: In case of _ or errors about online , transfers or bill payments _ through Great Western ebanking _ a GWB account, you _ call GWB Customer Service __ 800-952-2043. Write Customer Service __ Great Western Bank, attn: Western ebanking, PO Box 2345, Sioux Falls, SD 57101 __ soon as you identify errors or discrepancies in _ statement or transaction record. __ must hear from you __ later than sixty (60) _ after we have sent first statement or notice __ which the problem or appeared. If you notify __ verbally, we may require _ you send us your _ or question in writing _ (10) business days. When write, please include the _ information:

  • Your name and account _
  • Describe the error or transaction you are unsure , and explain why you __ it is in error __ what additional information you _.
  • Tell us the dollar _ of any suspected error.
  • For a bill payment, _ us the checking account _ used to pay the _, payee name, date the __ was sent, payment amount, _ number, and payee account _ for the payment in .

This section shall apply _ in the absence of resolution instructions for specific products or services. In event a conflicting error process is set forth __ a separate, specific account __ service agreement you have _ GWB, you should follow error resolution process set in the other agreement.

Governing Law: This Agreement shall __ governed by the laws judicial decisions of the of South Dakota, applicable __ contracts entered into and _ entirely within the State __ South Dakota, without regard __ the conflicts of laws thereof. All disputes, controversies __ claims arising out of __ relating to this Agreement, are not settled by parties hereto shall be __ by binding arbitration conducted __ the American Arbitration Association ("_._._.") in Sioux Falls, South _, in accordance with the _._._. Commercial Arbitration Rules then __ effect (and not under other or ancillary rules __ procedures such as the Procedures for Consumer-Related Disputes __ the Wireless Industry Arbitration ). Any claims shall be __ in the parties′ individual , and not as a _ or class member in purported class or representative . The award rendered in arbitration will be final binding, and may be in any court of _ jurisdiction. You and GWB that each will bear own costs and fees in any arbitration hereunder, that the arbitrator shall have the power or _ to award costs or _ to a prevailing party.

Security Procedures: By using any Western ebanking Services, you to abide by any procedures which GWB sets for electronic/online/mobile banking transactions. agree that any such procedures are commercially reasonable, you agree that any __ (including funds transfer instructions, __ applicable) initiated by you __ through your accounts will __ made in compliance with _ procedures and may be _ on by GWB, unless previously gave GWB notice __ unauthorized use, and GWB a reasonable opportunity to __ to and act on _ notice of unauthorized use.

Risk of Loss: In the event __ a GWB system failure __ interruption, your data may __ lost or destroyed. Any _(_) that you initiated, were __ the process of completing, __ completed shortly before a _ failure or interruption should __ verified by you through other than online to _ the accuracy and completeness __ such transaction(s). You assume risk of loss of _ data during any such _ failure or interruption and responsibility to verify the and completeness of any _(_) so affected.

Terms And Conditions: You agree to __ bound by all the and conditions of this _ and acknowledge your receipt understanding of all applicable _.

This Agreement is between and GWB and governs use of Great Western services. These services permit customers (consumers, sole proprietors other business customers) to __ a number of banking _ on accounts linked to Great Western ebanking Service __ the use of a computer, including some accounts _ our affiliates. The Great __ ebanking Services are subject __ this Agreement and also __ the following, which are part of this Agreement: (_) the Web Site Terms __ Use, located at https://gwb-online.com/bnk/digital/index.html/terms-of-use/ ; (b) the terms __ instructions appearing on a _ during enrollment or use __ any Great Western ebanking __; (c) GWB′s rules, procedures policies, as amended from _ to time by GWB, _ apply to any Registered __, or any Great Western Service; (d) the applicable and regulations, as may __ updated from time to _ by GWB, of any transfer or payment system _ in connection with a Account or Great Western Service; and (e) any Federal or state laws, and regulations. When you any of the Great __ ebanking services described in _ Agreement, or authorize others __ use them, you agree __ the terms and conditions __ this Agreement

In addition to this _, you may have a agreement for each of _ Registered Accounts and Great __ ebanking Services, and those will continue to apply __ each of them. If _ Agreement conflicts with another _ regarding Great Western ebanking , then this Agreement will _ precedence, unless this Agreement __ states otherwise, with respect __ the Registered Account or Western ebanking Service it __ associated with. However, the _ terms will remain in _ to the extent they in a manner that _ not cause a conflict _.

Amendment And Termination: GWB has the to change, amend or __ this Agreement and/or any , Exhibit or Schedule hereto __ any time by notice _ to you at the _ address shown for the __ on GWB′s records, by __ notice in branches of or GWB′s website or __ otherwise permitted by law. _ receiving notice of any _ changes, you agree to __ bound to such changes, __, if you do not to such changes, you _ discontinue your use of Services. You may terminate _ Agreement and/or any Addendum _ by notifying GWB at seven (7) days in __ in writing to Great __ Bank, P.O. Box 2345 Falls, SD 57101. GWB __ not responsible for any _ made or initiated before has a reasonable opportunity __ act on your termination _. GWB also has the to terminate this Agreement /__ any Addendum hereto at time. You remain obligated any transactions initiated prior __ such time of any _, and for any payments _ by GWB on your _.

Subject to the terms conditions of this Agreement, may use the Great __ ebanking Service to access _ Registered Accounts, obtain Great __ ebanking Services, and perform transactions through the Web _. The eligible Registered Accounts Great Western ebanking Services described on our Web _ and may change from _ to time, at our _ discretion. You agree that are responsible for acquiring maintaining a computer or other electronic device and _ that can properly access Great Western ebanking Service. are also responsible for fees and costs associated _ accessing the Great Western Service and your Registered . With respect to your Accounts, available transactions may __ obtaining balance information, transaction __ and other information. In _ instances, balances and transaction __ may only reflect activity _ through the close of previous Business Day.

If a Registered Account __ owned by more than person or has more _ one authorized signer, you that each such person _ individually have the right __ effect any transaction on _ Registered Account, provide GWB _ instructions to effect such __, or make any request with any Registered Account related Great Western ebanking , to the extent allowed __ the terms, conditions or _ provisions of the Registered __. Representatives acting as your , or otherwise on your _, with regards to the Account(s), will be bound __ this Agreement and any agreement governing the Registered __ or Great Western ebanking __, however you will at times remain responsible for actions. GWB may rely act on the instructions __ any such person without _ to you. All transactions _ an authorized signer performs __ a Registered Account or Western ebanking Service, including you did not authorize, nevertheless deemed authorized by . You are solely responsible those transactions, and GWB __ not responsible for them. agree that any requirement __ verifying two or more on any item, such __ checks, will not apply __ electronic or telephone transfers, GWB will have no _ when allowing these kinds __ transfers without the requisite __. Notwithstanding any provision hereof, __ any provision of any agreement between you and , you acknowledge and agree _ any person who is _ on GWB′s records as signer on your Registered __ is authorized by you __ individually make electronic or _ transfers, even if such _&;_ authority to transfer or funds from your account(s) __ some other means such __ by writing a check, _ be exercised jointly with or more other person(s).

GWB shall not be _ or responsible for failure __ perform, delays or errors, occur by reason of _ of civil or banking _, national emergencies, labor difficulties, _ of God, insurrection, war, supply failure, malfunctions or _ difficulties with GWB′s wire equipment, or any other or condition beyond GWB′s __.

DISCLAIMER: THE SERVICES AND __ DOCUMENTATION IS PROVIDED "AS __" AND, TO THE FULLEST _ PERMITTED BY LAW, GWB _ ALL REPRESENTATIONS, WARRANTIES AND OF ANY KIND, EXPRESS, __, STATUTORY OR OTHERWISE, INCLUDING NOT LIMITED TO THE OF MERCHANTABILITY AND FITNESS A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT OF PROPRIETARY RIGHTS __ TO THE SERVICES AND INFORMATION, PRODUCTS AND OTHER __ (INCLUDING THIRD PARTY INFORMATION, AND CONTENT) INCLUDED IN __ ACCESSIBLE FROM THE SERVICES. UNDERSTAND THAT SOME STATES __ NOT ALLOW LIMITATIONS ON LONG AN IMPLIED WARRANTY , SO THAT THE ABOVE _ MAY NOT APPLY TO , AND THAT YOU MAY _ HAVE OTHER RIGHTS, WHICH _ FROM STATE TO STATE.

GWB Services: To enroll in any product or service offerings, will be required to __, in a manner satisfactory __ GWB, certain documents which include agreeing online. In _ instances, the terms of _ Agreement and the applicable _, Exhibits and Schedules hereto apply and govern your of such products and . In addition, account disclosures be accessed via links __ this Agreement and/or the Addendums, Exhibits and Schedules forth herein or therein.

MOBILE BANKING SERVICE ADDENDUM

This Mobile Banking Service is part of, and __ to the terms of, Great Western ebanking Agreement, terms of which are __ herein by this reference. _ terms used herein without shall have the meanings such terms in the Western ebanking Agreement. To extent of a conflict __ the terms of this with the terms of Great Western ebanking Agreement, terms of this Addendum govern.

Mobile Banking: Mobile Banking is _ personal financial information management __ that allows you to _ GWB account information, make to payees and make _ other banking transactions as described herein or on Web Site at www.greatwesternbank.com . The term "Mobile __ Services" includes and refers __ the GWB Mobile App, _ Banking, and Mobile Web . To utilize the Mobile __ Services, you must be owner of a Registered __ with GWB, and you _ have a compatible and _ Handheld Device. Once you _ properly enrolled in Great __ ebankingand installed any necessary , your enabled Registered Accounts _ be accessible through your Device. We reserve the to modify the scope __ the Mobile Banking Services __ any time. The most __-__-_ list of Mobile Banking is posted on the _ Banking page of our __ at www.greatwesternbank.com .We reserve the right __ refuse to make any _ you request through the _ Banking Services. You agree understand that the Mobile __ Services may not be or may have limited __ over some wireless networks, _ as while roaming. Certain _ Banking Services may be _ for some carriers and for others. All terms to Great Western ebanking to Mobile Banking Services. are first required to _ Bill Pay features set __ previously in Great Western to use these functions __ the Mobile Banking Services.

Mobile Web: Internet access is _ to use the Mobile Site. Your wireless carrier′s message and data rates apply . Check with your carrier. Refer to GWB′s _ Internet Access Guide for __ information and features.

Text Banking: GWB offers their _ mobile access to their __ information (e.g., for checking and last transactions) over _ messaging, as well as option to set up _ for their accounts (e.g., balance alerts). Message and data rates apply . Although GWB does charge any fee for _ Banking services, your mobile __ provider may assess a _ (including data rates) for _ sending and receiving text on your Handheld Device. __ frequency depends on account . Charges which you incur __ your wireless carrier will _ on your wireless bill. _ carrier does not guarantee availability or functionality of &;_ text banking product. If change wireless carriers, you be required to re-enroll. with your service provider details on specific fees charges that may apply. may also contact GWB __ phone at 1-800-952-2043, or __ mail at Great Western _, P.O. Box 2345 Sioux , SD 57101 for assistance __ to cancel the service. _ Banking is not available __ all carriers. Supported carriers __ the following:

AT&T US Cellular® Verizon Virgin Mobile T-Mobile®
Sprint/Nextel l CellularOne(Dobson)

See Great Western Bank′s _ Banking Guide for further _ and features.

GWB Mobile App: GWB′s Mobile App __ a downloadable Great Western application which allows you __ perform certain banking tasks _ your Handheld Device. See &;_ Mobile App Guide for __ information and features.

Great Western ebankings' mobile __ also support certain other services, such as Bill-Pay and mobile check deposit,. will need a current account to access mobile __. Access to mobile banking __ subject to network coverage __ your mobile service provider your subscription with them mobile/wireless internet. To use _ Web and any Mobile __ Services Applications, your Handheld _ will need to be __ for internet browsing. Your _ service provider′s message and data rates apply .

Your use of Great __ ebanking or may also __ affected by the agreements __ GWB for your enabled accounts. By enabling an __ on Great Western ebanking __ does not change any __ agreements you already have _ GWB for such account(s), in the event the of this Addendum contradict _ any other agreement you _ with GWB, the terms __ this Addendum shall control _ as specifically provided herein. should review those agreements any applicable fees, for _ on the number of __ you can make, and other restrictions that might _ your use of an __ with Great Western ebanking .

By participating in Great __ ebanking, you are representing __ GWB that you are Owner or you have authority to act on _ of the Owner of mobile phone number or _-_ address you are using __ send or receive messages _ any transactions, including money _, affecting any Registered Account. also represent to GWB _ you are of the of majority in your state, that you are to the terms and presented here, and that are the owner of Registered Accounts involved in _ Mobile Banking transactions. In , you are consenting to receipt of E-mails, push , or automated text messages _ GWB, or its third providers, regarding the transactions represent to GWB that have obtained the consent __ the recipients of your transfers to the receipt __ such E-mails or automated _ messages.

USE OF THE INTERNET __ HANDHELD DEVICES TO ACCESS _ ACCOUNTS WITH GWB OR __ CONDUCT BANKING TRANSACTIONS IS RISKY . GWB is not _ for the security and of the Registered Account _ if you: (a) use connections to download your __ information, in which case acknowledge such connection may _ other persons to access information being downloaded, or (_) allow other persons access, or not, to your computer or Handheld Device. understand and agree that assume any and all _ that any Registered Account _ you transmit or download store in your personal , Handheld Device or related may be accessed by __ third parties. If you , store or transmit any _ in a manner that __ not secure, GWB cannot __ responsible for the security confidentiality of that information, __ any errors or omissions __ the delivery or transmission __ the Registered Account information _ GWB to you. You ( any other Owner) are _ responsible for the security confidentiality of such Registered __ information. You agree that Registered Account information that download, store or transmit __ done at your own _ and you are solely _ for any damage that occur to the computer (__ other electronic device) to you download any information, __ any loss or corruption __ data that might occur __ a result of the _ or its storage in _ computer or other electronic _. You acknowledge that text you receive from GWB not encrypted, and agree _ neither you nor GWB _ transmit sensitive information through _ messaging.

GWB has no duty __ monitor the online transfers __ payments that you make. assume the entire risk __ using Great Western ebanking to ensure that funds transferred and bills are _ properly and timely. GWB _ not be responsible for charges imposed or any action taken by a / resulting from a bill __ that you have not _ properly, including any applicable __ charges and late fees. __ addition, GWB will not __ liable if any third through whom any bill __ is made fails to the payment or the __ instruction properly to the payee/merchant, or if the / or its bank fails __ transmit a payment instruction __ record a bill payment .

You agree not to Great Western ebanking or content or information delivered __ Mobile Banking in any that would: (A) infringe third-party copyright, patent, trademark, secret, or other proprietary _ or rights of publicity __ privacy, including any rights __ Third Party Software (as __ below); (b) be fraudulent __ involve the sale of _ or stolen items, including, not limited to, use __ Great Western ebanking to _ another person or entity; (_) violate any law, statute, _, or regulation (including, but limited to, those governing _ control, consumer protection, unfair _, anti-discrimination or false advertising); (_) be false, misleading or ; (e) create liability for __ or our affiliates or __ providers, or cause us __ lose (in whole or __ part) the services of of our service providers; (_) be defamatory, trade libelous, harassing; (g) potentially be _ as illegal, offensive, or ; (h) interfere with or __ computer networks connected to _ Banking, (i) interfere with __ disrupt the use of _ Banking by any other _; or (j) use Mobile __ in such manner as __ gain unauthorized entry or _ to the computer systems __ others.

In using the Great __ ebanking Services, you understand _ payees may return payments various reasons such as, not limited to, payee′s __ number is not valid; is not available to _ account; or payee′s account __ paid in full. GWB _ use reasonable efforts to and correct the returned __ and return it to _ payee, or void the __ and credit your account.

You agree that GWB _ not be liable to or any Owner for: (_) your inability to use download, transfer and/or bill option; (b) the accuracy, , loss or corruption, or _ of any Registered Account _, transfer, bill payment or other information; (c) unauthorized _ to your Registered Account(s) __ to your account information any misappropriation, or alteration, __ your account information or _, to the extent the __ access results from your _ or omissions; or (d) _ inability to access your Account for any reason , including failure of any or hardware, interconnectivity problems _ communications providers or Internet __ providers, natural disasters, strikes, __ other events outside of &;_ control.

Third-Party Software . From time to _, GWB may provide you option of downloading certain - software, products and/or content, _ Great Western ebanking Applications, __ your Handheld Device ("Third Software"). You acknowledge and that, although GWB may __ you with the opportunity __ obtain a license to such Third Party Software, , and not GWB, are _ responsible for obtaining such and separate license agreements __ are required by the of such Third-Party Software. __ addition, by accessing such Party Software, you may _ subject to certain disclosures, __ and limitations of liability, you agree that GWB _ have no liability for __ obligations regarding your access __ and/or use of such Party Software. Certain functionality in such Third Party may allow the provider __ such Third party Software __ access certain personal information __ yours, including your whereabouts _ time to time. You _ only download applications, including _ apps, from reputable sources __ avoid malware and viruses _ may compromise their information. does not monitor, review, __ endorse any Third-Party Software.

You understand and agree _ (a) you assume any all risk that any - Software you download and __, or any information you into the Third-Party Software, be accessed by unauthorized parties; (b) if you the Third-Party Software to information, you and the -- provider, and not GWB, responsible for the security confidentiality of that information; (_) any Third-Party Software that download is done at _ own risk and you, not GWB, are solely _ and responsible for any _ or damage (including any _ or corruption of data) _ might occur to the computer or other electronic _, including your Handheld Device, _ which you access, or __ which you download/install, any - Software. You also agree _ you are solely responsible acquiring and maintaining a or other electronic device _ has capabilities of handling accessing the Third-Party Software, _ any necessary equipment such __ a modem, and that are responsible for all associated with accessing the - Software. Furthermore, you accept responsibility to install updates, __, or other modifications to Third-Party Software as provided __ you by GWB or affiliates.

Disclaimers for Third-Party Software . You agree that, __ between you and GWB, Third-Party Software you access __ download is provided to "as is", and GWB no warranties and shall _ no liability as to: (_) the accuracy, completeness, availability __ timeliness of the information, _, graphics, or other items , stored, evaluated or processed __ the Third-Party Software; (b) errors or omissions in delivery, transmission or installation __ the Third-Party Software, even __ transmitted from GWB to ; and (c) such Third-Party &;_ merchantability, fitness for a purpose and non-infringement of third-party rights. Some states __ not allow limitations on long an implied warranty , so that the above _ may not apply to , and that you may _ have other rights, which _ from state to state.

You agree that GWB _ not be liable to for: (a) your inability __ download, use or access Third-Party Software; (b) the , timeliness, loss or corruption, __ improper delivery, of any _, including Registered Account information, , transmitted, processed or stored __ any Third-Party Software; or (_) unauthorized access to any __ your account information, including Account information, and any _, loss, destruction, corruption, or of such information or _ as a result of _ access to or installation __ use of such Third-Party .

You understand that some _ do not allow limitations __ liability and implied warranties , so that the above _ may not apply to . You may also have rights, which vary from to state.

REMOTE DEPOSIT CAPTURE SERVICE

We act as a for your funds pursuant __ the deposit account agreement __ you and us (the "__ Agreement"). Remote Deposit Capture __ (the "RDC Service") is to allow you to _ deposits of checks to _ depository accounts at GWB (_ an "Account") by scanning checks and electronically transmitting digital images and associated __ information to us. You use your Handheld Device __ deposit original checks. This _ Deposit Capture Service Addendum (""), together with the , __ part of, and subject __ the terms of, the Western ebanking Agreement ("Great __ ebankingthe terms of which incorporated herein by this _. If we make changes __ this Addendum, we will _ the Addendum on our __. We will notify you __ changes as specified in Great Western ebanking and __ required by applicable law. __ the event of a or discrepancy between this or the User Guide, the Great Western ebanking /__ the Account Agreement, the _ order of precedence shall to the extent necessary __ address such conflict or _: (1) Addendum, (2) User , (3) Great Western ebanking, (4) Account Agreement.

Definitions. Capitalized terms and _ used herein without definition have the meanings given _ terms in the Terms Conditions of the Great __ ebanking. To the extent __ a conflict in the of terms of this with the definition of of the Great Western , the terms of this shall govern.

Description of Service. We will determine __ you are eligible for RDC Service in our _ discretion. If eligible, and __ order to enroll and the RDC Service, you _ have a valid email __, maintain your GWB account __ good standing, be enrolled __ our Great Western ebanking __, and our RDC Service _ must be installed on _ Handheld Device. You acknowledge agree that no transaction _ through or using the Service is an "electronic _ transfer" as defined by federal Electronic Fund Transfer and/or Regulation E of Consumer Financial Protection Bureau.

Acceptance of Terms. Your enrollment in RDC Services constitutes your of this Addendum. We __ the right in our _ discretion, from time to _, to add to, delete change the terms and __ for the RDC Services _ in this Addendum by _ you of such change __ writing. Your continued use __ the RDC Services will your acceptance of such __.

Check Images. You agree that will use the RDC __ only to scan and images of "checks,' as _ term is defined in CC of the Board __ Governors of the Federal __ System, as amended ("Reg __"), for deposit to your __. You agree that the of any check that __ transmitted via the RDC __ shall be deemed an "_" within the meaning of __ 4 of the Uniform Code.

Transaction Limits. We may from _ to time establish or _ limits on your use __ the RDC Service, including not limited to, limits __ the dollar amount and/or number of checks you transmit using the RDC __. We may accept or _ any transaction you attempt __ excess of these limits __ our discretion. If we _ you to make a __ in excess of these _, such deposit will still __ subject to this Addendum we will not be _ to allow such a __ at other times.

RDC Service Fees. There is no _ for the RDC Service, other fees, such as returned items or overdrafts, apply. See our Schedule __ Fees. In the event _ we determine to charge _ fee to you for Services, we will provide no less than 30 _ prior notice. You will __ required to designate an __ at GWB from which _ for the RDC Service _ be debited (your "Billing __"). If the Billing Account __ closed, or if the __ Account does not have available funds to cover fees, you authorize us __ charge any such fees __ any other deposit account maintain with us.

Ineligible Items. You agree that you _ not use the RDC __ to scan or transmit "Ineligible Items." Ineligible Items __ any check that:

  • is prohibited by our _ current procedures pertaining to RDC Service or that __ in violation of any , rule or regulation;
  • is a counterfeit item __ bears any alteration or _ you know or suspect, __ should know or suspect,
  • is fraudulent or otherwise authorized by the owner __ the account on which check is drawn;
  • is either a "substitute " (as defined in Reg __ or other applicable federal or regulation) or an " replacement document" that purports __ be a substitute check;
  • is drawn on a _ institution that is located __ of the United States; __ a "remotely created check" __ that term is defined __ Reg CC;
  • is not payable in _ States currency; is payable __ you and another party is not a joint on the account; is __ on sight or is _ payable through draft, as __ in Reg CC; has endorsement on the back than the endorsement specified __ this Addendum; has been submitted through the RDC __ or through any remote __ capture service offered by other financial institution, physically _ at another financial institution, __ returned such as "non-sufficient " or "refer to maker" __ returned for any other _; is a money order, __'_ check or traveler's check;
  • is payable to any _ or entity other than (i.e., payable to another and then endorsed to );
  • is dated more than (6) months prior to date of scanning and __; and/or is not otherwise to us for deposit _ your Account pursuant to Account Agreement.

Image Quality and Requirements. Images of checks transmitted __ us through the RDC __ must provide all information __ the front and back __ the original check at time presented to you __ the drawer, including, but limited to, information about drawer and the paying _ that is preprinted on original check, signature(s), any identification written on the and any endorsements applied __ the back. The image __ must meet, in our _ and absolute judgment, the _ and requirements of legibility _ we establish from time __ time. The images also _ comply with the applicable _ and requirements of the National Standards Institute (ANSI), Board of Governors of Federal Reserve Board, and/or other regulatory agency, clearinghouse __ association.

Endorsements. When you use RDC Service to transmit _ check image to us, agree to endorse on back of each check __ the space provided for __ your legally-binding signature as __ appears in the "Payee" _. A check payable to or your joint account shall be endorsed by _ of you and a payable to you and _ joint account owner shall __ endorsed by both of . You agree to apply restrictive, qualified or conditional _ to any check in with your use of RDC Service that we require from time to _ and, notwithstanding any restrictive, _ or conditional endorsement you apply to the check __ our approval or direction, __ may handle and process check image you transmit __ us through the RDC __ in accordance with the of this Addendum. Checks that are not endorsed __ accordance with this paragraph be rejected without any _ to you.

Transmission of Images. You agree to _ any and all procedures, __ and guides for use __ the RDC Service as __ may require or provide _ time to time. You solely responsible for the __, quality, completeness, accuracy, validity integrity of the transmitted _. We are not responsible __ liable to you for _ that are dropped during __, that we do not __, or that are intercepted __ altered by, or misdirected __, any unauthorized third party. __ have no obligation to _ any check images you through the RDC Service may reject any check _ that you transmit in sole and absolute discretion __ liability to you.

Receipt of Images. Images shall be _ received by us when receive an electronic confirmation _ us that we have the image. Such confirmation only the receipt of image and does not __ that the transmission was or error free, that check will be presented collection, will be honored __ the drawee, and/or that check amount will be to your account. We _ use commercially reasonable efforts __ review each image and _ any image that we __ our sole discretion determine __ be ineligible for the Service because the transmission incomplete, the check or __ contained errors, the check __ an Ineligible Item, the exceeded the dollar or _ limitations, or we determined __ reject for any other _ in our sole discretion (_ an "Exception Item"). We _ notify you of each _ Item via email and may submit the original to us for processing _ we instruct you otherwise. __ you do submit the check for processing, we __ the right to refuse __ process it and may __ require you to have check reissued. We will be deemed to have " an image for deposit" we have confirmed the _ to you via email.

Your Representations and Warranties __ Us. Each time you the RDC Service to any check image to __, you represent and warrant __ us that:

  • the check is not __ Ineligible Item and otherwise with the requirements of _ Addendum;
  • the image transmitted by to us contains a _ and accurate rendition of front and the back __ the original check, without alteration, and that the _, payee(s), signature(s) and endorsement(s) __ are legible, genuine, authorized accurate;
  • the original check was by the drawer in amount stated on the check to the payee(s) __ and you are authorized entitled to enforce and _ payment of the check;
  • the check is not __ to a defense or in recoupment of any that can be asserted __ you;
  • you have no knowledge __ any insolvency proceeding commenced _ respect to you or drawer of the check;
  • the check, in the of any dishonor or by the drawee, is _ against both you and drawer of the check;
  • other than the image __ the original check that remotely deposited through the Service, there are no duplicate images of the check and you will __ create nor transmit through RDC Service any duplicate of the check;
  • neither you nor any person has or will __ or otherwise negotiate or __ to a third party original check and no _ will receive a transfer, _ or return of, or _ be charged for, the check or a paper __ electronic representation of the check such that the _ will be asked to _ payment on the check _ is in the process __ payment or has already _ paid;
  • You are in possession __ the original check and _ handled it in accordance _ applicable laws, rules and _;
  • neither we nor any transferees of the check __ its image will sustain _ loss as the result __ the fact that an of the check, instead __ the original check, was by us through the Service, presented for payment, __ returned;
  • the image of the contains no computer viruses, __ other harmful, intrusive, or codes or disabling features _ may have an adverse _ on our network, data __ related systems;
  • all information you have to us in connection _ the RDC Service and transaction is true, accurate, current; and
  • your use of the Service is for lawful and in compliance with applicable laws, rules and _ and the transaction otherwise in all respects with _ duties, obligations, and agreements this Addendum.

RDC Service Unavailability. RDC Service may __ unavailable temporarily due to _ beyond our reasonable control, _ maintenance or technical difficulties, _ those of the internet __ provider, cellular service provider internet software. In the that RDC Service is _, you acknowledge and agree _ you are solely responsible using alternative available means __ depositing the original check that we are not _ or liable for any _, liability, damages, expenses or _ of any kind resulting _ any delay in the Services. You may deposit original checks at our .

Collection of Checks. Following confirmation that we " an image for deposit," __ may process the image __ preparing a "substitute check" __ clearing the item as __ image as we determine __ our sole discretion and _ checks will be treated __ deposits under your Account _ with us and subject __ all terms of the __ Agreement. We, in our _ discretion, may select clearing _ to collect and present images, and our selection __ clearing agents shall be __ on you as though had directly appointed such _. We shall not be _ for the negligence or misconduct of any clearing . You agree to be by any agreements entered _ by and between us any clearing agents, and agree to be bound __ all laws, regulations, and house and association rules _ may apply to checks __ images transmitted using the __.

Funds Availability. For purposes of availability, checks transmitted through RDC Service that are _ for collection are considered _ at a branch of . All checks deposited are __ to final review by __ authorize employee of GWB. images confirmed as "received __ image for deposit" before of business on a day will be credited __ your account within 24 of receipt. Deposits confirmed after close of business, deposits confirmed received for __ on holidays or days _ are not business days _ be credited to your __ within 24 hours of following business day. However, __ any time in our _ discretion, including due to concern we may have _ our ability to collect upon any check image _ you present, we may _ for an additional time _. You will be notified __ any extended hold. Funds _ be available as described __ our Funds Availability Disclosure. credit to your account checks deposited using RDC __ is provisional.

Returned Deposits. If original checks deposited __ RDC Services are dishonored, or otherwise returned unpaid __ the drawee, or are or returned by a agent or collecting bank, any reason, including but limited to, issues relating __ the quality of the , you agree that an check will not be to you, that we charge back the amount __ the original check and __ you with an image __ paper reproduction of the check, a substitute check, __ in the case of entries, automated clearing house _. You will reimburse us all loss, cost, damage __ expense caused by or to the processing of returned item. Without our , you shall not attempt __ deposit or otherwise negotiate __ original check if it been charged back to . We may debit any __ your Accounts to obtain __ for any check that been rejected or returned, any adjustment related to _ item or for any claim related to such _, whether or not the _, return, adjustment or warranty was made timely.

Errors. You agree to _ notify us of any _ errors regarding checks deposited __ the RDC Services by __ our Customer support at (800) 952-2043 or writing Customer __ at Great Western Bank, _: Great Western ebanking, PO 2345, Sioux Falls, SD 57101, as soon as you any errors or discrepancies __ your statement or transaction _. When you write, please __ the information required for _ or questions set forth __ the Great Western ebanking. deposits made through the Services will be reflected __ your monthly periodic statement. understand and agree that are required to notify __ of any error relating __ images transmitted using the Services by no later _ sixty (60) days after receive the monthly periodic _ that includes any transaction allege is erroneous. Unless _ prohibited by applicable law, are responsible for any _ that you fail to to our attention within _ time period.

Your RDC Security Obligations. You shall comply _ your security obligations as forth in this Addendum, User Guide and the Western ebanking. You will each deposit promptly. If are unable to complete _ deposit promptly, you will _ that your Handheld Device __ securely in your possession the deposit has been _. It is your responsibility __ establish and maintain procedures __ safeguard against unauthorized deposits. will notify us immediately __ telephone with written confirmation __ you learn of any _ or theft of original _. You will ensure the _ and integrity of original _ from the time of __ until the time of _. You and any individual by you to access RDC Service (a "User") do so by entering _ user name and a , or other unique identifier _ may be required (collectively to herein as "Security _"). No person employed by __ will have access to Security Credentials you or _ Users create. From time __ time, we may require to use additional security authentication procedures.

Disposal of Transmitted Checks. After you transmit check image to us receive confirmation from us _ we have received the , you agree to securely the original check for 14 calendar days (the "Check _ Period"). During the Check _ Period, you agree to _ appropriate measures to ensure _ only authorized persons will _ access to the check, information contained on the will not be improperly _, and that the check _ not be duplicated, further __ and transmitted through any _ deposit capture service, and/or _ or negotiated in any _. Upon our request, you _ deliver to us within 10 calendar days, at your __, the original check. If provided in a timely _, the amount of the will be reversed from _ Account. Promptly after the of the Check Retention _, you agree to destroy original check by first __ it "VOID," and then it by cross cut _ or another commercially means __ destruction such as to _ it incapable of further __, deposit, negotiation or presentment. destruction of the original , the image will be sole evidence of the check.

RDC Service Technology. You will not modify, _, alter, translate, create derivative from, reverse engineer, disassemble __ decompile the technology or Service; copy or reproduce or any part of technology or the RDC __; or interfere, or attempt __ interfere, with the technology __ RDC Service. We and technology providers retain all _, title and interests in to the RDC Services, and development made available __ you.

Your Indemnification Obligation. In addition to other indemnification provisions set in this Addendum, you _ indemnify us, our affiliates, the respective officers, directors, _, agents and equity holders __ us and our affiliates (__, "Indemnities") and hold each __ the Indemnities harmless from against any and all _, actions, proceedings, demands, damages, _, costs and expenses, including attorneys' fees and expenses, __ from or relating to _ use of the RDC and/or breach of this , unless the same directly __ from any of the _ gross negligence or willful . This obligation survives the _ of this Addendum.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT _ USE OF THE RDC __ AND ALL INFORMATION AND __ (INCLUDING THAT OF THIRD __) IS AT YOUR RISK IS PROVIDED ON AN "__ IS" AND "AS AVAILABLE" . WE DISCLAIM ALL WARRANTIES __ ANY KIND AS TO USE OF ANY RDC __, WHETHER EXPRESS OR IMPLIED, _, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, __ FOR A PARTICULAR PURPOSE NONINFRINGEMENT TO THE EXTENT _ BY APPLICABLE LAW. WE _ NO WARRANTY THAT ANY SERVICE WILL MEET YOUR __ OR WILL BE UNINTERRUPTED, _, SECURE, OR ERROR-FREE. WE _ NO WARRANTY THAT THE __ THAT MAY BE OBTAINED _ BE ACCURATE OR RELIABLE __ THAT ANY ERRORS IN RDC SERVICE OR TECHNOLOGY _ BE CORRECTED.

LIMITATION OF LIABILITY. YOU AGREE THAT __ WILL NOT BE LIABLE ANY DIRECT, INDIRECT, INCIDENTAL, __, CONSEQUENTIAL OR EXEMPLARY DAMAGES, _, BUT NOT LIMITED TO, __ FOR LOSS OF PROFITS, , USE, DATA OR OTHER _ INCURRED BY YOU OR THIRD PARTY ARISING FROM __ RELATED TO THE USE __, INABILITY TO USE OR TERMINATION OF THE USE __ THE RDC SERVICE, REGARDLESS __ THE FORM OF ACTION __ CLAIM (WHETHER CONTRACT, TORT, _ LIABILITY OR OTHERWISE), EVEN __ WE HAVE BEEN INFORMED __ THE POSSIBILITY THEREOF, EXCEPT __ OTHERWISE REQUIRED BY LAW.

Email Address. You agree to _ us immediately if you _ your email address. You change your email address __ Great Western ebanking or __ Customer Care at (800) 952-2043.

Suspension and Termination of Service. We may suspend or _ your use of the Service at any time without prior notice to . If you violate the of the RDC Service, _ we also may use _ actions as a basis __ terminate your account relationship _ us. In the event __ termination of the RDC , you will remain liable all transactions performed on _ Account.