Common use of Business Customer Liability Clause in Contracts

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE BY IT OR ON IITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to: · Require all Authorized Users to keep Passcodes secure and strictly confidential; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person. We may disable Passcodes of Authorized Users even without receiving such notice from you, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking Service. This financial institution and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers’ selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Customers’ development or implementation of said security procedures or the failure of business customer to maintain said procedures. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcode.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS and subAND SUB-Users USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE INTERNET BANKING SERVICE BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE INTERNET BANKING SERVICE OR ELIGIBLE COMPANY ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT FINANCIAL INSTITUTION NAME AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential• REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person• IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, if we suspect Passcodes are being used in an unauthorized or fraudulent mannerIF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking ServiceBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE INTERNET BANKING SERVICE. This financial institution and its service providers shall have no obligationTHIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, liability or controlLIABILITY OR CONTROL, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE INTERNET BANKING SERVICE USING A VALID ACCESS ID AND PASSCODE.

Business Customer Liability. ‌ BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and subAND SUB-Users USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE INTERNET BANKING SERVICE BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION BRIGHTON BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE INTERNET BANKING SERVICE OR ELIGIBLE COMPANY ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION BRIGHTON BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) ), REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT BRIGHTON BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY, either in transit or at your place of businessIF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential• REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person• IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, if we suspect Passcodes are being used in an unauthorized or fraudulent mannerIF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking ServiceBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE INTERNET BANKING SERVICE. This financial institution and its service providers shall have no obligationBRIGHTON BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, liability or controlLIABILITY OR CONTROL, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE INTERNET BANKING SERVICE USING A VALID ACCESS ID AND PASSCODE.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE INTERNET BANKING SERVICE BY IT OR ON IITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE INTERNET BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Profinium COMMODORE BANK and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to: · • Require all Authorized Users to keep Passcodes secure and strictly confidential; · • Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person. We may disable Passcodes of Authorized Users even without receiving such notice from you, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Internet Banking Service. This financial institution and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers’ selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Customers’ development or implementation of said security procedures or the failure of business customer to maintain said procedures. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Internet Banking Service using a valid access id and passcode.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS and subAND SUB-Users USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICESERVICES. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE SERVICES BY IT OR ON IITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE PASSWORD OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE SERVICES OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE PASSWORD OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidentialREQUIRE ALL AUTHORIZED USERS TO KEEP PASSWORDS SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized personIMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSWORDS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, if we suspect Passcodes are being used in an unauthorized or fraudulent mannerIF WE SUSPECT PASSWORDS ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking ServiceBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE ONLINE BANKING SERVICES. This financial institution and its service providers shall have no obligationBANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, liability or controlLIABILITY OR CONTROL, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER BANK NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE ONLINE BANKING SERVICES USING A VALID ACCESS ID AND PASSWORD.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and subAND SUB-Users USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE VIEW TRANSACTIONS THROUGH THE ONLINE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE INTERNET BANKING SERVICE BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE INTERNET BANKING SERVICE OR ELIGIBLE COMPANY ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT FINANCIAL INSTITUTION NAME AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential• REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person• IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, if we suspect Passcodes are being used in an unauthorized or fraudulent mannerIF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking ServiceBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE INTERNET BANKING SERVICE. This financial institution and its service providers shall have no obligationFIRSTBANK VIRGIN ISLANDS AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, liability or controlLIABILITY OR CONTROL, either directly or indirectly concerning the Business customers’ selection of security systems or devices used to protect its computer System(sEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS SELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business Customers’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresNEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS DEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE INTERNET BANKING SERVICE USING A VALID ACCESS ID AND PASSCODE.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE SERVICES BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT THE BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential-REQUIRE ALL AUTHORIZED USERS TO KEEP PASSWORDS AND SECURITY TOKENS SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized personAND -IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON OR YOUR SECURITY TOKENS ARE BEING USED BY AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSWORDS OR SECURITY TOKENS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE SERVICE. THE BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking Service. This financial institution and its service providers shall have no obligationLIABILITY OR CONTROL, liability or control, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THE BANK NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE USING A VALID LOGIN ID AND PASSWORD, AND ANY SECURITY TOKENS ISSUED TO YOU.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and subAND SUB-Users USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE BY IT OR ON IITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID USERNAME AND PASSCODE PASSWORD OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE COMPANY ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID A USERNAME AND PASSCODE PASSWORD OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT CUMBERLAND SECURITY BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential REQUIRE ALL AUTHORIZED USERS TO KEEP PASSWORDS SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSWORDS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, if we suspect Passcodes are being used in an unauthorized or fraudulent mannerIF WE SUSPECT PASSWORDS ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking ServiceBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE ONLINE BANKING SERVICE. This financial institution and its service providers shall have no obligationTHIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, liability or controlLIABILITY OR CONTROL, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE ONLINE BANKING SERVICE USING A VALID USERNAME AND PASSWORD.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE SERVICES BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT THE BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential• REQUIRE ALL AUTHORIZED USERS TO KEEP PASSWORDS AND SECURITY TOKENS SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized personAND • IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON OR YOUR SECURITY TOKENS ARE BEING USED BY AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSWORDS OR SECURITY TOKENS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE SERVICE. THE BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking Service. This financial institution and its service providers shall have no obligationLIABILITY OR CONTROL, liability or control, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THE BANK NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE USING A VALID LOGIN ID AND PASSWORD, AND ANY SECURITY TOKENS ISSUED TO YOU.

Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S ITS AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI- ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE SERVICES BY IT OR ON IITS ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION THE BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN A LOGIN ID, PASSWORD, SECURE ACCESS ID AND PASSCODE CODE OR SECURITY TOKEN OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. Business Customer agrees that we may send notices and other communicationsBUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, including emailsINCLUDING EMAILS, to the current address shown in our recordsTO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, whether or not that address includes a designation for delivery to the attention of any particular individualWHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. You further agree that Profinium and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized personYOU FURTHER AGREE THAT THE BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, either in transit or at your place of businessEITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. In additionIN ADDITION, you agree toYOU AGREE TO: · Require all Authorized Users to keep Passcodes secure and strictly confidential REQUIRE ALL AUTHORIZED USERS TO KEEP PASSWORDS AND SECURITY TOKENS SECURE AND STRICTLY CONFIDENTIAL; · Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized personAND  IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON OR YOUR SECURITY TOKENS ARE BEING USED BY AN UNAUTHORIZED PERSON. We may disable Passcodes of Authorized Users even without receiving such notice from youWE MAY DISABLE PASSWORDS OR SECURITY TOKENS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE SERVICE. THE BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, if we suspect Passcodes are being used in an unauthorized or fraudulent manner. Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking Service. This financial institution and its service providers shall have no obligationLIABILITY OR CONTROL, liability or control, either directly or indirectly concerning the Business customersEITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ selection of security systems or devices used to protect its computer System(sSELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FurthermoreFURTHERMORE, neither this Institution nor its Service Providers shall have control over Business CustomersNEITHER THE BANK NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ development or implementation of said security procedures or the failure of business customer to maintain said proceduresDEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES. Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcodeBUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE USING A VALID LOGIN ID AND PASSWORD, AND ANY SECURITY TOKENS ISSUED TO YOU.