Terms and Conditions

Federal E-SIGN Act Disclosure and Consent

Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) Disclosure and Consent carefully and keep a copy for your records. You must record your consent to the E-SIGN disclosure by accepting the True Blue Online® Terms of Service on the online banking enrollment webpage. By checking the boxes on the website, you consent to the electronic delivery of the following documents (hereafter referred to as the “Documents”): disclosures; agreements (including agreements for your deposit accounts and subsequent amendments thereto; terms and conditions; and any other documents available through or related to Capitol Federal® Savings Bank’s True Blue Online® website (“True Blue Online”). You also agree that we do not need to provide you with additional paper (non-electronic) copies of the Documents, unless specifically requested. Once you consent to receive the Documents electronically, you may request paper copies by calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; by logging into True Blue Online and sending a secure message through TBO; or by writing us at 700 S. Kansas Ave., Topeka, KS 66603.

Electronic Delivery of Disclosures and Notices

In order to use True Blue Online and to access, receive and retain the Documents, you must provide, at your own expense, an Internet connected device compatible with True Blue Online deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access the Documents electronically each time you access and use True Blue Online.
In order to retain the Documents, you may print or save the Documents in your electronic files. If you are working on a public computer, you should not access or use True Blue Online. If you do not want to receive the Documents electronically, you should exit this area of our website.

In order to retain the Documents, you may print or save the Documents in your electronic files. If you are working on a public computer, you should not access or use True Blue Online. If you do not want to receive the Documents electronically, you should exit this area of our website.

If you do not consent to receiving the Documents electronically, you will not be able to access or use True Blue Online.

System Requirements to Access and Retain Information

To access and retain an electronic copy of the Documents you must have at minimum the following equipment and software:

A personal computer or other device that is capable of accessing the Internet.

A printer, if you wish to retain paper copies of the Documents, or electronic storage, if you wish to retain electronic copies of the Documents.

An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, and your system or device have 128-bit SSL encryption software. Visit the Supported Browsers link on the True Blue Online® login page for minimum browser requirements.

Software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader®.

Withdrawal of Electronic Acceptance of Disclosures and Notices and Request for Paper Copies of Records

You may withdraw your consent to receive Documents in electronic form or request paper copies of any records which you previously received electronically, by accessing the “Documents” tab of the website; by contacting us via email using the “Contact Us” form on True Blue Online; by calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; or by writing us at 700 S. Kansas Ave., Topeka, KS 66603. We may, but are not obligated to, treat your provision of an invalid email address or cancellation of participation in True Blue Online as a withdrawal of your consent to receive electronic Documents. We reserve the right to charge a fee for paper copies if you withdraw your consent. Any such fees shall be listed on our Service Charge Schedule, which is available on our website www.capfed.com.

How to Update Your Records

It is your responsibility to provide us with true, accurate and complete contact and other information related to your access and use of True Blue Online. You can update such information (such as your email address) on True Blue Online, via secure message; by calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; or by writing us at 700 S. Kansas Avenue, Topeka, KS 66603.

General Terms For All Services

1. Introduction. These True Blue Online® Terms of Service (hereinafter “Agreement”) are a contract between you and Capitol Federal® Savings Bank (hereinafter “Capitol Federal,” the “Bank,” “we” or “us”) governing your use of the True Blue Online® Services. The True Blue Online® Services include all online banking services described in this Agreement (each, a “Service” and together, the “Services”) and offered through our online banking site or mobile applications (the “Site” or “TBO"). The Agreement consists of these General Terms for All Services (referred to as “General Terms”), and each set of Terms that follows after the General Terms that applies to the specific Services. This Agreement applies to your use of the Services and the portion of the Site through which the Services are offered. You are required to comply with any terms and/or instructions that appear on-screen when using the Services, and such terms and instructions are hereby incorporated into this Agreement by reference. Your Eligible Transaction Account(s) continue to be controlled by the agreements otherwise governing them (“Account Agreement(s)”), unless specifically provided in this Agreement. In the event of any inconsistency between this Agreement and the Account Agreement(s) the Account Agreement(s) shall control.

In addition to the specific Services detailed in the Terms below, you may generally use TBO to view account balances, transaction history, paid checks and other account information; transfer funds between accounts you hold with us and accounts held by others at Capitol Federal, make payments on loan accounts you hold with us; perform self-service transactions such as check reorders and stop payments; change your TBO user ID and password, email address and other contact information; update your TBO user profile and customize your account settings; send and receive secure messages and use the Site’s live chat feature to inquire about your accounts and other services we provide; report a lost, stolen or damaged debit card; and open an account.

2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. “Service Provider” and certain other capitalized terms are defined in a “Definitions” Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.

3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.

4. Our Relationship With You. By enrolling in the Services, you acknowledge and agree that we are in no way acting as a fiduciary for you or for your benefit, unless explicitly stated in this Agreement in connection with a particular Service. We do not have control of, or liability for, any products or services that are paid for with the Services. We also do not guarantee the identity of any user of the Services, including but not limited to recipients to whom you send payments or transfers.

5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

6. Notices to Us Regarding the Service and Contact Information. Except as otherwise stated below, official notice to us concerning the Site, any Service, or this Agreement must be sent by postal mail to: Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603. You may also contact us with questions or for other purposes concerning the Site, Services, or your accounts (1) by phone at 1-888-822-7333 or, for hearing disabled customers, TTY service at 785-270-6181; (2) through the Site’s secure message feature; or (3) when available, through the Site’s live chat feature.

7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

9. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

12. Eligibility; Joint Accounts. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

If two or more individuals hold a joint account, each account holder must enroll separately and create and use his/her own user ID and password the Site. We will not knowingly accept or act upon any authority received from or through any party other than the owner of the user ID. Each joint account holder using TBO will be subject to this Agreement. The joint account holders will have access to and share account history and eStatements for their jointly held accounts, but will not share access to any accounts which are separately held. Each joint account holder may access the Services, perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement with respect to his/her user ID or take any other action permitted under this Agreement. The Bank can rely on the instructions of any joint account holder who has his/her own TBO user ID and password for such joint account and the Bank is not required to obtain the consent of or give notice to another joint account holder to act on such instructions.

13. Designation of Authorized Users. If you are a business customer, you may designate authorized user(s), who shall be authorized to access the Site and use the Services on your behalf. Each authorized user shall be required to have a unique user ID and password. You acknowledge and agree that the use of any user ID and password to access the Site and the Services is a security method intended to identify the authorized user(s) and provide a commercially reasonable degree of protection in light of your particular needs and circumstances. You represent and warrant that you shall prohibit your employees from sharing user IDs and passwords, and agree we shall not be liable for processing transactions through TBO even if we know or have a reasonable belief that you have violated the prohibition on sharing such credentials. You further agree that you are solely responsible for all transactions made through TBO on your behalf regardless of whether the person initiating the transaction was authorized to do so by your internal policies and procedures and that Capitol Federal has no obligation to monitor such transactions on your behalf. You may revoke an authorized user’s access to TBO at any time by notifying us as described in Section 6 of the General Terms. We shall have a reasonable amount of time upon receipt of such notice to revoke an authorized user’s access to TBO.

14. Fees. You may be charged a monthly fee for using the Services. Additionally, there are transaction and other fees associated with certain Services. Please refer to the separate Service Charge Schedule that applies to your Eligible Transaction Account(s) for a description of fees related to the Services. Other fees may also be disclosed to you at the time you initiate certain transactions through the Services. All fees associated with a particular transaction or Service will be deducted from the Eligible Transaction Account that you used to make the transaction or access the Services. The fees that have been separately disclosed to you in connection with your Eligible Transaction Account(s) continue to apply.

15. Accessing and Using TBO and the Services. To access and use TBO and the Services, you must have the required hardware and software, including browser software that meets the authorized security level. Generally, you can access your Eligible Transaction Accounts and the Services through TBO 7 days a week, 24 hours a day. At certain times, TBO may not be available due to system maintenance or circumstances beyond our control. You understand that your use of TBO and the Services is dependent on Internet connectivity, and that you are responsible for trouble shooting Internet connectivity issues. We shall have no liability arising out of or related to the use of any hardware, third- party software, or wireless or other telecommunications network, you may use to access TBO and the Online Services or otherwise use in connection with TBO and the Services. You are solely responsible for the installation, maintenance, operation, and any required upgrades to your computer or other device and any third-party software you use to access TBO and the Services or otherwise use in connection with TBO and the Services. We will not be liable for any errors or failures arising out of or related to any malfunction of such computer, device, or software, nor will we be liable for any computer virus, communications or network error, or similar problems that may be associated with your use of such computer, device, or software.

16. Prohibited Payments and Transfers. The following types of payments and transfers are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments and transfers:

a. Payments and transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and

b. Payments and transfers that violate any law, statute, ordinance or regulation; and

c. Payments and transfers that violate the Acceptable Use terms in Section 17 of the General Terms below; and

d. Payments and transfers related to unlawful gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and

e. Payments and transfers relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and

f. Payments and transfers relating to tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments or transfers. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

17. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. You agree to hold harmless us and our Affiliates and Service Providers and their Affiliates and the directors, officers, employees and contractors of each of these for failing to act on any of your instructions as permitted under this Agreement when we reasonably believe such instructions would cause any of these to be exposed to civil or criminal liability. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

18. Payment and Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment and transfer methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.

19. Consumer Electronic Banking Disclosures. If you are a consumer and your Eligible Transaction Account(s) is a consumer account (i.e., owned by a natural person and used primarily for personal, family or household purposes), the following terms apply:

a. Your Liability. Tell us AT ONCE if you believe your TBO user ID or password has been lost, stolen, or otherwise compromised, your account has been accessed fraudulently, or a transfer has been made through TBO without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of such an event, you can lose no more than $50 for an unauthorized electronic funds transfer or a series of related unauthorized transfers if someone used your TBO user ID and password, or otherwise fraudulently accessed your account, and made a transfer without your permission.

If you do NOT tell us within 2 business days after you learn of such an event, and we can prove we could have stopped someone from using your TBO user ID and password without your permission, accessing your account fraudulently, or making a transfer without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made with your TBO user ID and password or other means, tell us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

b. Contact in Event of Unauthorized Transfer. If you believe your TBO user ID or password has been lost, stolen, or otherwise compromised tell us by sending us a secure message through TBO; calling 1- 888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; or writing Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603. You should also contact us using one of the above-methods if you believe a transfer has been made without your permission.

c. Business Day. For purposes of this Section 19, our business days are Monday through Friday. Holidays are not included.

d. Periodic Statements. You will not receive a separate statement for transfers completed through TBO or the Services. Instead, these transfers will be noted on your regular periodic account statements.

e. Preauthorized Payments. If you have made arrangements with any third party to make regular payments or transfers out of your Eligible Transaction Account(s), you can stop any of these payments by sending us a secure message through TBO; calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; or writing Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603. We must receive your request at least 3 Business Days before the payment is scheduled to be made. If you call, we also may require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop payment order you give in accordance with our Service Charge Schedule. Stop payments will permanently stop the next recurring electronic transaction, but will not stop subsequent recurring electronic payments. To revoke authorization for recurring electronic payments, you should revoke your authorization in writing with the person or company you are paying.

If these regular electronic payments vary in amount, the person or company you are paying must tell you 10 days before each payment when it will be made and how much it will be. If you order us to stop one of these pre-authorized electronic payments at least 3 Business Days before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

f. Liability for Failure to Make Payments or Transfers. If we do not complete a payment or transfer to or from your Eligible Transaction Account(s) on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

If, through no fault of ours, you do not have enough money in your Eligible Transaction Account to make the transfer.
If the transfer would go over the credit limit on your overdraft line of credit (if applicable).
If TBO was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire or flood) prevent the payment or transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreements with you.

g. Confidentiality. We will disclose information to third parties about your account or the payments and transfers you make:

Where it is necessary for completing payments or transfers, or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
In order to comply with government agency or court orders, or
If you give us your written permission.

h. Error Resolution. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above. If you think your statement is wrong or if you need more information about a transaction listed on your periodic statement or receipt, we must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must:

Tell us your name and account number (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not provisionally credit your account.

If you are a new customer, the following special rules will apply during the first 30 days your account is open. We may take up to 20 business days to investigate your complaint or question. If we need more time, however, we may take up to 90 days to investigate your complaint or questions. If we decide to do this, we will provisionally credit your account within 20 business days for the amount you think is in error, so you will have the use of the money during the time it takes us to complete our investigation.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

20. Liability for Unauthorized Transfers and Error Resolution for Business Customers. If you are a business customer and your Eligible Transaction Account is not a consumer account (i.e., is not owned by a natural person nor used primarily for personal, family or household purposes), the following terms apply: Tell us AT ONCE if you believe any user IDs or passwords have been lost, stolen, or used without your permission. Generally, telephoning is the best way of keeping your possible losses down. You could lose all the money in your Eligible Transaction Accounts (plus the maximum amount available under established lines of credit, if any, accessible through any Eligible Transaction Account that is a checking account). You are responsible for all transactions made through TBO regardless of whether the person initiating the transaction was authorized to do so. You agree to cooperate with us in the investigation of any claim or dispute and provide us with the necessary information to assist us in resolving the claim or dispute.

Error resolution procedures are set forth in the agreements otherwise governing your Eligible Transaction Accounts. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above. Generally, if the account statement for any Eligible Transaction Account contains errors or improper charges, you must notify us within 30 days of the date on which we mailed or otherwise made the affected statement available to you. If you fail to notify us within that time, you are barred from bringing any action against Capitol Federal that is in any way related to the errors or improper charges. You must:

Tell us the Company’s name and account number (if any).
Describe the error or the transaction the Company is unsure about, and clearly explain why the Company believes there is an error or why more information is needed.
Tell us the dollar amount of the suspected error.

In the case of an error or otherwise irregular transfer of funds, we may, but will not be obligated to, on our own initiative, request the transferee to return the funds previously transferred on your behalf. Requests by you to cancel or revoke prior instructions must be timely given and we make no representation as to our ability to revoke or cancel a transfer once made. You will supply us with any information that we may reasonably request, including but not limited to, money amounts, accounts affected, date of transfer, supplemental instructions, and further evidence of any person's authority to transfer funds or to do any other act contemplated under this Agreement.

21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

22. Failed or Returned Payment or Transfer Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments or transfers for you from your Eligible Transaction Account. If the Payment Instruction or Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction or Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment or transfer), the Payment Instruction or Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction or Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

a. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction or Transfer Instruction if the payment or transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;

b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction or Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment or transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in separate Service Charge Schedule that applies to your Eligible Transaction Account. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;

c. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting us as set forth in Section 6 of the General Terms above. We are not responsible for any payment or transfer processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions, Transfer Instructions, or contact information.

24. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:

a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.

b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

25. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. We shall have a reasonable time to process any cancellation request. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason without notice to you. We may reinstate such access in our sole discretion. The termination, cancellation or suspension of the Service will not close any of your Eligible Transaction Account nor affect your liability or obligations under this Agreement. Any payment(s) that have begun processing before the requested termination, cancellation, or suspension date will be processed by us.

26. Intellectual Property. All other marks and logos related to the Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

27. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

28. Personal Financial Management Software. You may, but are not required to, use personal financial management software (“PFM Software”) in connection with TBO. We reserve the right to modify or cancel any agreements we may have with our PFM Software Service Provider(s) without prior notice to you, which could result in service being temporarily or permanently disabled, modified, or enhanced with additional features. Unless otherwise provided in this Agreement or a separate agreement, we do not provide support for your use of PFM Software. If you are using PFM Software that is not provided by us or our Service Provider(s) you should direct any inquiries regarding such PFM Software directly to the PFM Software provider. You agree that neither we nor our Service Provider(s) shall have any liability arising out of or related to your use of any PFM Software that is not provided by us or our Service Provider(s).

29. Password and Security. If you are issued or create any user ID, password or other credentials to access the Services or the portion of the Site through which the Services are offered, you agree that using your user ID, password or other credentials to access the Services or the portion of the Site through which the Services are offered shall constitute your authorization for all transactions made through the Site and shall have the same effect as a written signature. You further agree not to give or make available your user ID, password or other credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 19 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

30. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 30 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

31. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.

32. Arbitration Agreement and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT, WITH LIMITED EXCEPTIONS, WE ARE REQUIRED TO RESOLVE ANY CLAIMS WE BRING AGAINST EACH OTHER UNDER THIS AGREEMENT BY INDIVIDUAL BINDING ARBITRATION. WE BOTH WAIVE THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT, AND YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING. THIS SECTION DOES NOT APPLY TO BUSINESS CUSTOMERS.

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS SET FORTH BELOW.

The terms set forth in this Section 32 of the Agreement shall be known as the “Arbitration Agreement.” You agree that following the Effective Date (defined below) any action you wish to bring against us that arises out of or in in any way related to this Agreement (as used in this Arbitration Agreement a “Claim”), shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules and procedures for consumer disputes (“Rules”). The Rules can be obtained on the AAA website free of charge at www.adr.org or you may call us at 1-888-8CAPFED (1-888-822-7333) or write us at 700 S. Kansas Avenue, Topeka, KS 66603 to request a copy of the Rules. In the event of a conflict between the Rules and this Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve any Claim and if you and we do not agree on a substitute forum, then you can select the arbitration forum for the resolution of the Claims.

The Effective Date of this Arbitration Agreement shall be November 1, 2023. Unless explicitly set forth in this Arbitration Agreement, this Arbitration Agreement shall apply to all claims of every kind, nature and description whether arising from breach of contract, breach of warranty, gross negligence or other tort, and will survive the termination of this Agreement and all of your business with us. This Arbitration Agreement applies even if your Claim arises out of, affects or relates to conduct that occurred before to the Effective Date of this Arbitration Agreement. Nothing in this Arbitration Agreement alters your obligation to give us notice of errors, claims, disputes, improper chares, or other issues with respect to your account under any other provision of this Agreement or your Eligible Transaction Account agreement(s). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claim at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your use of TBO for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to any Claim you have against us that is eligible for resolution in a small claims court of competent jurisdiction. This Arbitration Agreement shall not apply to any action we may bring against you to collect any amount you owe us in connection with this Agreement.

Any Claim subject to this Arbitration Agreement shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules and must have experience in the types of financial transactions that are the subject of the Claim. The arbitration will be conducted in the federal judicial district that includes your address at the time the Claim is filed unless you and we agree to a different place. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator will be entitled to award the same remedies that a court can award, including any kind of relief that could be awarded by a court, including injunctive relief. Discovery will be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. We will pay for any filing, administration, and arbitrator fees imposed on you by the AAA. If you initiate the arbitration, we will advance any arbitration fees, including any required deposit. However, you and we will each be responsible for our own attorneys’ fees. Nothing contained in this Arbitration Agreement will prevent either you or us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether your Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below may be determined by any court of competent jurisdiction.

CLASS ACTION WAIVER AND JURY TRIAL WAIVER. ANY CLAIM SUBJECT TO THIS ARBITRATION AGREEMENT SHALL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. UNLESS YOU OPT-OUT OF THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH THE TERMS SET FORTH BELOW, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO A JURY TRIAL OR A TRIAL IN FRONT OF A JUDGE IN A PUBLIC COURT WITH RESPECT TO ANY CLAIM YOU MAY BRING AGAINST US UNDER THIS ARBITRATION AGREEMENT.

If any provision in this Arbitration Agreement is found to be unenforceable, then the remaining provisions shall remain fully enforceable.

RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT AND IT WILL NOT AFFECT ANY OTHER TERMS AND CONDITIONS OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US. YOUR OPT-OUT WILL NOT BE EFFECTIVE AND YOU WILL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE ARBITRATION AGREEMENT UNLESS YOUR NOTICE OF INTENT TO OPT-OUT IS RECEIVED BY THE BANK IN WRITING, ON OR BEFORE THE FOLLOWING DEADLINES (“OPT-OUT DEADLINE”):

IF YOU WERE ENROLLED IN TBO PRIOR TO AUGUST 7, 2023, YOU MUST DELIVER YOUR NOTICE OF INTENT TO OPT OUT TO THE BANK BY NOVEMBER 1, 2023. YOUR OPT-OUT NOTICE MUST EXPLICITLY STATE THAT YOU WISH TO OPT-OUT OF THE ARBITRATION AGREEMENT WITH RESPECT TO THESE TRUE BLUE ONLINE® TERMS OF SERVICE.
IF YOU ARE ENROLLING IN TBO FOR THE FIRST TIME ON OR AFTER AUGUST 7, 2023, YOU MUST DELIVER YOUR NOTICE OF INTENT TO OPT OUT TO THE BANK WITHIN THIRTY (30) DAYS OF ENROLLING.

YOU MUST EMAIL YOUR NOTICE OF INTENT TO OPT OUT TO ARBITRATION@CAPFED.COM OR MAIL IT TO US AT CAPITOL FEDERAL SAVINGS BANK, ATTN: ARBITRATION OPT-OUT, 700 S. KANSAS AVE., TOPEKA, KS 66603. IF YOU DELIVER YOUR NOTICE OF INTENT TO OPT OUT VIA MAIL, THE MAIL MUST BE POST-MARKED BY THE OPT-OUT DEADLINE. IF YOU DELIVER YOUR NOTICE OF INTENT TO OPT OUT VIA E-MAIL, WE MUST RECEIVE YOUR E-MAIL BY MIDNIGHT CT ON THE OPT-OUT DEADLINE. WHETHER YOU DELIVER YOUR NOTICE OF INTENT TO OPT OUT VIA MAIL OR EMAIL, YOU MUST INCLUDE YOUR NAME, ADDRESS AND LAST FOUR DIGITS OF YOUR SOCIAL SECURITY NUMBER. THIS INFORMATION WILL BE USED ONLY TO CONFIRM AND LOG YOUR ELECTION TO OPT OUT OF THE ARBITRATION AGREEMENT.

33. Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions. TO THE EXTENT THAT THE TERMS OF THIS AGREEMENT CONFLICT WITH APPLICABLE STATE OR FEDERAL LAW, SUCH STATE OR FEDERAL LAW SHALL REPLACE SUCH CONFLICTING TERMS ONLY TO THE EXTENT REQUIRED BY LAW. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless this Agreement or your Account Agreement(s) expressly states otherwise, you agree that any claim or dispute you may have against us (other than those which are required to be arbitrated under Section 32 of the General Terms above) must be resolved by a state or federal court of competent jurisdiction located in Topeka, Shawnee County, Kansas. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes unless said claim is required to be submitted to arbitration under Section 32 of the General Terms above. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.

34. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the directors, officers, employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees and expenses) made or incurred by any third party due to or arising out of or related to (1) your breach of this Agreement; (2) your use or misuse of the Site or the applicable Service; (3) to the fullest extent allowed by law, the use or misuse of the Site or the applicable service by any person whom you have intentionally or negligently permitted to access the Site on your behalf; and (4) to the fullest extent allowed by law, any actions we take or omit to take in good faith in reliance upon instructions from you or any other person whom you have intentionally or negligently permitted to access the Site on your behalf.

35. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service.

36. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

37. Exclusions of Warranties. THE INFORMATION PROVIDED ON THE SITE IS FOR INFORMATION PURPOSES ONLY. SUCH INFORMATION IS BELIEVED TO BE RELIABLE, BUT WE DO NOT WARRANT ITS COMPLETENESS, TIMELINESS, OR ACCURACY. WE SHALL HAVE NO LIABILITY FOR ERRORS OR OMMISSIONS OF SUCH INFORMATION. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

38. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. FURTHER, TO THE FULLEST EXTENT PROVIDED BY LAW, WE SHALL HAVE NO LIABILITY FOR ANY LOSSES YOU INCUR DUE TO YOUR INTENTIONALLY OR NEGLIGENTLY PERMITTING ANOTHER PERSON TO ACCESS THE SERVICE ON YOUR BEHALF WITH YOUR USER ID AND PASSWORD OR OTHERWISE OR YOUR OR SUCH PERSON’S MISUSE OF THE SERVICE. NEITHER SHALL WE HAVE ANY LIABILITY FOR ANY LOSSES YOU INCUR ARISING OUT OF OR RELATED TO ANY ACTIONS WE TAKE OR OMIT TO TAKE IN GOOD FAITH IN RELIANCE UPON INSTRUCTIONS FROM YOU OR SUCH PERSON. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, WE WILL ONLY BE RESPONSIBLE FOR PERFORMING THE SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT, AND WILL ONLY BE LIABLE FOR MATERIAL LOSSES RESULTING FROM, ARISING OUT OF, OR INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES TO THE EXTENT SUCH LOSSES DIRECTLY RESULT FROM OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THE SERVICES.IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, MISUSE OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 32 AND 33 OF THE GENERAL TERMS ABOVE WITHIN ONE (1) YEAR OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS).

39. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 21, 22, 26, and 30-39 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement, including but not limited to Sections 11, 13-16, and 20 of the Zelle® and Other Payment Terms. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to customer service personnel), the terms of the Agreement will prevail.

40. Definitions.

“ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.

“Affiliates” are companies related by common ownership or control.

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

“Eligible Transaction Account” is a transaction account from which your payments and transfers will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.

“Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.

“Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

“Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

Bill Payment Service Additional Terms

1. Description of Service. The term “Bill Payment Terms” means these Bill Payment Service Additional Terms. The bill payment service (for purposes of these Bill Payment Terms, and the General Terms as they apply to these Bill Payment Terms, the “Service”) enables you to receive, view, and pay bills from the Site.

2. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.

3. The Service Guarantee. Due to circumstances beyond our or our Service Provider(s)’ control, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with Section 2 of the Bill Payment Terms (Payment Scheduling). In no event will we be liable for any late payment related charges for payments that are prohibited under this Agreement or for any late payment related charges assessed due to insufficient funds in your Eligible Transaction Account. You shall be solely responsible for any late payment fees or charges related to US mail or overnight carrier delays, delays by the Biller, or errors in your Payment Instructions, including without limitation providing incorrect information to complete the payment or failing to schedule the payment in time for the Biller to receive it by the Due Date.

4. Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 of the Bill Payment Terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

a. If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

b. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

c. You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

d. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

5. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

6. Stop Payment Requests.. Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment begins processing. If you desire to stop any payment that has already begun processing, you must contact us by sending a secure message through TBO or calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181. Although we will attempt to accommodate your request, we will have no liability for failing to do so. An oral stop payment order is binding on us only for 14 days unless confirmed in writing within this period. A written stop payment will remain in effect in accordance with the stop payment provisions in the Uniform Commercial Code or NACHA Rules, as applicable to the transaction. The charge for each stop payment order will be the current charge for such service as set out in the Service Charge Schedule. If you are a consumer and order us to stop a preauthorized, recurring payment three Business Days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages. Please see Section 19 of the General Terms above for more information on preauthorized payments.

7. Exception Payment Requests Exception Payments may be scheduled through the Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 3 of the Bill Payment Terms) does not apply to Exception Payments.

8. Bill Delivery and Presentment. The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

a. Presentation of electronic bills. You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

b. Paper Copies of electronic bills. If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

c. Sharing Information with Billers. You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.

d. Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.

e. Activation. We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

f. Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

g. Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

h. Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

i. Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

j. Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

9. Disclosure of Account Information to Third Parties. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy (as further described in Section 10 (Your Privacy) of the General Terms), in addition to the circumstances set forth in Section 24 of the General Terms (Information Authorization):

a. Where it is necessary for completing transactions;

b. Where it is necessary for activating additional services;

c. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

d. To a consumer reporting agency for research purposes;

e. In order to comply with a governmental agency or court orders; or,

f. If you give us your written permission.

10. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, elsewhere within the Service or Site, or on the separate Service Charge schedule applicable to your Eligible Transaction Account. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 of the General Terms (Failed or Returned Payment or Transfer Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient funds in the Billing Account.

11. Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you.

12. Required Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.

13. Information Authorization.In addition to Section 24 of the General Terms (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

14. Bill Capture. The following Bill Capture terms and conditions in this Section 14 (Bill Capture) only apply to Bill Capture (as defined below). If Bill Capture is not available to you within our mobile banking application, then this Section 14 (Bill Capture) does not apply.

Your use of our mobile banking application may include the ability to add bill payment payees by utilizing your mobile phone to take pictures of your paper bills (“Bill Capture”). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into our mobile banking app for use with the Service, or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms:

a. You shall use Bill Capture only for your own use in accordance with the terms of this Agreement;

b. We do not guarantee that your mobile device will be compatible with Bill Capture; and

c. You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will we be liable for any results from your use of extracted data from Bill Capture with the Services, including, without limitation, any late fees for payments sent to an improper Biller or improper account.

15. Bill Discovery. The following Bill Discovery terms and conditions in this Section 15 (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Site, then this Section 15 (Bill Discovery) does not apply.

The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Site, you authorize the Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 8 (Bill Delivery and Presentment) of the Bill Payment Terms.

16. Payment Methods. In addition to the payment methods set forth in Section 18 (Payment and Transfer Methods and Amounts) in the General Terms, certain Service payments may be processed using a prepaid, single-use virtual card. Single-use cards provide a fast and secure way for your payment to be delivered. Please note in the event your payment is processed using a virtual card, you will not recognize the payment method and/or card numbers on any payment confirmation communication you may receive from your Biller.

17. Definitions.
“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

“Billing Account” is the checking account from which all Service fees will be automatically debited.

“Due Date” is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.

“Eligible Transaction Account” is as defined in Section 40 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.

“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

“Payment Instruction” is as defined in Section 40 of the General Terms, and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

“Scheduled Payment Date” is the day you designate for your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

Zelle® and Other Payment Services Additional Terms

1. Description of Services.

a. We have partnered with the Zelle Network^® (“Zelle^®”) to enable a convenient way to transfer money between you and other Users using aliases, such as email addresses or mobile phone numbers (“Zelle^® Payment Service,” as further described below). Zelle^® provides no deposit account or other financial services. Zelle^® neither transfers nor moves money. You may not establish a financial account with Zelle^® of any kind. All money will be transmitted by a Network Financial Institution. THE ZELLE^® PAYMENT SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE^® PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term “Zelle^® and Other Payment Terms” means these Zelle^® and Other Payment Services Additional Terms.

b. In addition to the Zelle^® Payment Service, we provide other payment services under these Terms of Service. First, these additional services allow you to send money to people if you provide the bank account information and other contact information for the Receiver; such transactions are not sent via Zelle^®. Second, outside Zelle^®, we allow you to establish a one-time payment for a payment recipient for which processing shall be initiated at a later specified date up to one (1) year. Third, outside Zelle^®, we enable you to establish a recurring series of payments to a payment recipient for which processing shall be initiated on dates you specify. These three payment services and any other payment services that we provide under these Zelle^® and Other Payment Terms are referred to as “Other Payment Services” in these Zelle^® and Other Payment Terms. Although future-dated payments and recurring payments are outside Zelle^®, we may ultimately send those transactions via Zelle^® when the applicable date of payment arrives, in which case the applicable payment transaction is part of the Zelle^® Payment Service, not the Other Payment Services. The term “Zelle^® and Other Payment Services” means the Zelle^® Payment Service and the Other Payment Services.

c. The Zelle^® and Other Payment Services enable you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws, regulations, and Payment Network rules, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through other locations besides our Site, such as the Zelle^® mobile handset application (“Zelle^® Standalone Locations”) and if you choose to initiate or receive a payment at a Zelle^® Standalone Location you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the “terms of use” for the Zelle^® Standalone Locations and applicable laws and regulations, in each case as in effect from time to time. Subject to the terms of this Agreement, the Zelle^® and Other Payment Services are generally available 24 hours, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle^®’s control. Live customer service generally will be available during business hours Monday through Friday, excluding US financial institution holidays.

d. The Zelle^® Payment Service allows for the delivery of payments to Receivers who are also enrolled in the Zelle^® Payment Service through a Payment Network designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. The Zelle^® and Other Payment Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle^® and Other Payments unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.

2. Payment Authorization and Payment Remittance.

a. When you enroll to use the Zelle^® and Other Payment Services or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle^® and Other Payment Services, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account. In addition to the restrictions set forth in Section 16 (Prohibited Payments and Transfers) of the General Terms, you agree that you will not use the Zelle^® and Other Payment Services to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle^® and Other Payment Services to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Zelle^® and Other Payment Services or share your credentials with a third party to use the Zelle^® and Other Payment Services on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

b. This Section 2(b) does not apply to the Zelle^® Small Business Service (to the extent made available by us). The Zelle^® and Other Payment Services are intended for personal, not business or commercial use. You agree that you will not use the Zelle^® and Other Payment Services to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle^® and Other Payment Services with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle^® and Other Payment Services if we believe that you are using the Zelle^® and Other Payment Services for business or commercial purposes, or for any unlawful purpose.

c. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and (ii) receive money from another User either at that User’s initiation or at your request, subject to the conditions of Section5 below (Requesting Payments). If at any time while you are enrolled, you do not send or receive money using the Zelle^® Payment Service for a period of 18 consecutive months, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Zelle^® Payment Service until you enroll again. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle^®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle^®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle^®.

d. When you enroll with Zelle^®, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once you have enrolled an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. By providing us with names and mobile telephone numbers and/or email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle^® Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.

e. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including, but not limited to, those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.

f. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

g. We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

i. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;

ii. The Zelle^® and Other Payment Services are not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;

iii. The payment is refused as described in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) of the Zelle^® and Other Payment Terms below;

iv. You have not provided us with the correct information, including, but not limited to, the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address, email address, or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,

v. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.

h. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Zelle^® and Other Payment Services (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

3. Sending Payments.

a. You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of the Zelle^® and Other Payment Services by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us or another Network Financial Institution to initiate a debit entry to your Eligible Transaction Account. You understand that when you send the payment, you will have no ability to stop it. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment if the Receiver has not enrolled in Zelle^®. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver not enrolling in Zelle^®. For the Zelle^® Payment Service, you may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle^® Payment Service. As to the Zelle^® Payment Service, if the person you sent money to has already enrolled with Zelle^®, either in the Zelle^® Standalone Locations or with a Network Financial Institution, then the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. Cancellation is addressed more generally in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. You may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately via Zelle^®. Via the Other Payment Services, you may also initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (b) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.

b. Payment Instructions initiated to Receivers require you to provide contact information about the Receiver (including an email address and/or mobile telephone number). If the Receiver does not bank at a Network Financial Institution and has not yet enrolled in Zelle^®, then the Zelle^® Payment Service will contact the Receiver and request that the Receiver (i) provide information so that the identity of the Receiver may be validated at a Zelle^® Standalone Location and then (ii) provide bank account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains a bank account with a Network Financial Institution and has not yet enrolled in Zelle^®, then the Zelle^® Payment Service will contact the Receiver regarding enrollment in Zelle^® and receipt of payment. If the Receiver has already enrolled in Zelle^®, then the Receiver will receive a message regarding your payment.

c. Via the Other Payment Services, we also support the sending of money to Receivers if you provide the bank account information for the Receiver and other contact information for the Receiver; such transactions are not sent via Zelle^®. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 19 (Consumer Electronic Banking Disclosures) and Section 20 (Liability for Unauthorized Transfers and Error Resolution for Business Customers) of the General Terms.

d. In most cases, when you are sending money to another User using the Zelle^® Payment Service, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle^® and the other Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle^®, either via a Zelle^® Standalone Location or a Network Financial Institution, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle^®, or otherwise ignore the payment notification, and the transfer may not occur. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification). We have no control over the actions of other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User and will not be liable for such actions.

e. For the Other Payment Services and those Zelle^® Payment Service payments where the Site indicates payment will require more than a Business Day, you understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you and the Receiver should not expect the payment funds to be transferred into the Receiver's bank account any earlier than the next Business Day after you initiated the Payment Instruction. As part of the Other Payment Services, if you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s bank account any earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s bank account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle^®. The Site may contain additional information regarding the delivery of a payment to Receiver’s bank account.

f. As to Recipients who have not yet enrolled with Zelle^®, you acknowledge and agree that we will begin to process the Payment Instruction once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.

4. Receiving Payments.

a. All transfers of money to you shall be performed by a Network Financial Institution per the direction of that Network Financial Institution customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Financial Institution and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle^® tag enrolled with the Zelle^® Payment Service, you have no ability to stop the transfer. Other Payment Service payments may be cancelled by the Sender as set forth in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. By using the Zelle^® Payment Service, you agree and authorize us to initiate credit entries to the Eligible Transaction Account you have enrolled. If another person wants to initiate a Payment Instruction (including in response to a Zelle^® Payment Request, if applicable) using the Zelle^® Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Zelle^® Payment Request, the other User or you can do that from the Site or from a bank account at a financial institution that participates in the Zelle^® Payment Service or at a Zelle^® Standalone Location. If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

b. For the Zelle^® Payment Service, most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle^® and the other Network Financial Institutions, we may need or Zelle^® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification). You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the payment. You authorize the Sender, the financial institution which holds the Sender's bank account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle^® Payment Requests, from others through the Zelle^® Payment Service.

c. You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the Sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

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

In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle^® Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless us, Network Financial Institutions, and Zelle^®, and each of our and their respective owners, directors, officers, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any Zelle^® Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle^® Payment Requests from other Users, and to only send Zelle^® Payment Requests for legitimate and lawful purposes. Zelle^® Payment Requests are solely between the Requestor and recipient and are not reviewed or verified by us or by Zelle^®. Neither we nor Zelle^® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle^® Payment Requests in general, or to specific recipients, if we deem such Zelle^® Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

If applicable, if you as a Requestor initiate a Zelle^® Payment Request using the Zelle^® Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle^® Payment Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Zelle^® Payment Request may not receive, or otherwise may reject or ignore, your Zelle^® Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle^® Payment Request.

Zelle^® Small Business Service Users may not send Zelle^® Payment Requests to Users enrolled with Zelle^® through Zelle^® Standalone Locations.

6. Payment Cancellation, Stop Payment Requests and Refused Payments. This Section 6 only applies to the Other Payment Services and those Zelle^® Payment Services transactions that can be cancelled in the limited circumstances set forth in Section 3(a) (Sending Payments) above. You may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. An oral stop payment order is binding on us only for 14 days unless confirmed in writing within this period. A written stop payment will remain in effect in accordance with the stop payment provisions in the Uniform Commercial Code or NACHA Rules, as applicable to the transaction. The charge for each stop payment order will be the current charge for such service as set out in the Service Charge Schedule. If you are a consumer and order us to stop a preauthorized, recurring payment three Business Days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages. Please see Section 19 of the General Terms above for more information on preauthorized payments. Payments not claimed by a Receiver who has not enrolled in Zelle^® will be automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

7. Consent to Emails and Automated Text Messages. Section 8 (Text Messages, Calls and/or Emails to You) of the General Terms does not apply to Zelle^® Payment Services. By participating as a User, you represent that you are the owner of the email address, mobile phone number, Zelle^® tag and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, Zelle^® tag and/or other alias to send or receive money as described in these Zelle^® and Other Payment Terms. You consent to the receipt of emails or text messages from us, from Zelle^®, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Zelle^® and Other Payment Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle^® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

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

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

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

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

e. To cancel text messaging from us, send STOP to 767666. For help or information regarding text messaging, send HELP to 767666 or contact us at 1-888-822-7333 or, for hearing disabled customers, TTY service at 785-270-6181. You expressly consent to receipt of a text message to confirm your “STOP” request.

f. Supported Carriers: AT&T, Sprint, T-Mobile, Verizon and others.

g. Your phone service provider is not the provider of the Zelle^® and Other Payment Services. Users of the Zelle^® Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

8. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Zelle^® and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle^® and Other Payment Services or Site. Additional fees may apply for small business Users enrolled in the Zelle^® Small Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Zelle^® Payment Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 of the General Terms (Failed or Returned Payment or Transfer Instructions) applies if you do not pay our fees and charges for the Zelle^® and Other Payment Services, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient funds in the Eligible Transaction Account.

9. Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

10. Returned Payments. In using the Zelle^® and Other Payment Services, you understand that Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle^®. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle^® Payment Service.

11. Consent to Share Personal Information (Including Account Information). In addition to Section 24 (Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:

a. As necessary to resolve a problem related to a transfer or payment between you and another User;

b. To verify the existence of your bank account, or debit card, as applicable;

c. To comply with government agency or court orders;

d. To our affiliates, as permitted by law;

e. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;

f. To comply with inquiries in connection with fraud prevention or any investigation;

g. For our general business purposes, including without limitation data analysis and audits; or

h. As otherwise permitted by the terms of our Privacy Policy.

12. Wireless Operator Data. In addition to Section 24 (Information Authorization) of the General Terms, you acknowledge that we or Zelle^® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Zelle^® Payment Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us or our Service Providers solely to allow verification of your identity and to compare information you have provided to us or to Zelle^® with your wireless operator account profile information for the duration of our business relationship. See Zelle^®’s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

13. Liability. Subject to our obligations under applicable laws and regulations, neither we nor Zelle^® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle^® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle^® shall be liable for any typos or keystroke errors that you may make when using the Zelle^® Payment Service. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE^® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE^® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

14. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE^® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE^® PAYMENT SERVICE. WE AND ZELLE^® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE ZELLE^® PAYMENT SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE^® WARRANTS THAT THE ZELLE^® PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE^® PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

15. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, NETWORK FINANCIAL INSTITUTIONS, ZELLE^® NOR ANY OF OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE^® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE^® PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE^® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE^® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE^® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE^® PAYMENT SERVICES.

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

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

17. Use of Our Online Banking Site and/or Mobile App. You agree to access the Site in compliance with our terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.

18. Consumer Accounts – Your Liability for Unauthorized Transfers. Section 19 (Consumer Electronic Banking Disclosures) of the General Terms shall not apply to the Zelle^® Payment Service. Immediately following your discovery of an unauthorized Zelle^® Payment Service Payment Instruction, you shall communicate with us in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability for unauthorized transactions if you notify us within sixty (60) days after your monthly financial institution statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.

The following paragraph applies to the fullest extent allowed by law: When you give someone your password or other means to access your account through which you access the Zelle^® and Other Payment Services, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household purposes.

19. Content Standards; Zelle^® Tags.

a. Content Standards: You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle^® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle^®, as determined by Zelle^® in its sole discretion; or (6) in Zelle^®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle^® Payment Service, or which may expose us, Zelle^® or our respective affiliates or customers to harm or liability of any nature.

b. Although neither we nor Zelle^® have any obligation to monitor any content, both we and Zelle^® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle^® may also monitor such content to detect and prevent fraudulent activity or violations of this Agreement. You understand that by using the Zelle^® Payment Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle^® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Zelle^® Payment Service.

c. The Zelle^® Payment Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle^® tag.” You will be limited to one Zelle^® tag per bank account, and each Zelle^® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle^® tag must meet the Content Standards. You may not select a Zelle^® tag that misleads or deceives other Users of the Zelle^® Payment Service as to your identity, or otherwise. Although neither we nor Zelle^® have any obligation to monitor User Zelle^® tags, both we and Zelle^® have absolute discretion to remove a User Zelle^® tag at any time and for any reason without notice. We and Zelle^® may require you to change your Zelle^® tag in our sole discretion, and we may elect to make a Zelle^® tag unavailable to you, without any liability to you. We and Zelle^® may also monitor User Zelle^® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle^® Payment Service, you may be exposed to a Zelle^® tag that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any User Zelle^® tags, including any loss or damage caused thereby. We and Zelle^® make no representation or warranty that a User Zelle^® tag accurately identifies a particular User of the Zelle^® Payment Service. We respect the intellectual property of others and require that users of the Zelle^® Payment Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Zelle^® Payment Service that is subject to intellectual property rights claims.

20. Arbitration. You acknowledge and agree that for any claims or disputes you assert against Zelle^® and Early Warning Services, LLC, Zelle^® and Early Warning Services, LLC are entitled to enforce Section 32 (Arbitration Agreement and Class Action Waiver) of the General Terms against you.

21. Definitions.

“Network Financial Institutions” means financial institutions that have partnered with Zelle^®.

“Receiver” is a person or business entity that is sent a Payment Instruction through the Zelle^® and Other Payment Services.

“Requestor” is a person that requests an individual to initiate a Payment Instruction through the Zelle^® Payment Service.

“Sender” is a person or business entity that sends a Payment Instruction through the Zelle^® and Other Payment Services.

“User” means you and others who are enrolled directly with Zelle^® or enrolled with another Network Financial Institution.

“Zelle^® Payment Request” means functionality that allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Zelle^® Payment Service.

“Zelle^® Small Business Service” means functionality, to the extent made available by us, that enables a small business User to (i) send Zelle^® Payment Requests through the Zelle^® Payment Service, and (ii) send and receive Payment Instructions through the Zelle^® and Other Payment Services. Users that access the Zelle^® and Other Payment Services through a business account shall be classified as Zelle^® Small Business Service Users. The Zelle^® Small Business Service is included in the definition of “Zelle^® Payment Service”.

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

Account to Account Transfers Additional Terms

1. Description of Service, Authorization and Processing.

a. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. It further enables you to transfer funds to your Loan Account(s) that you maintain with us on the one hand, from your Account(s) that are maintained by other financial institutions, on the other hand.

i. “Small Business Transfers Service” means functionality, to the extent made available by us, that enables a Business to transfer funds between Account(s) that the Business maintains with us on the one hand, and Account(s) that the Business maintains with other financial institutions, on the other hand. Businesses accessing the Service shall be classified as Small Business Transfers Service users. The Small Business Transfers Service is included in the definition of “Service.”

ii. “Instant Transfers” means functionality, to the extent made available by us, that uses Payment Networks designed to transfer funds on the same day or sooner between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. Instant Transfers are only available for financial institutions and applicable Accounts that enabled to send and receive such Instant Transfers. Not all financial institutions and/or Accounts are available to participate in Instant Transfers. Instant Transfers are not instantaneous. Payment delivery speed may vary based upon the funds availability policy of each financial institution, Payment Network availability, or other factors. Instant Transfers are included in the definition of “Service.”

b. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.

c. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Options (2) and (3) above are not available for Instant Transfers. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you or (iii) credit your Loan Account and remit funds on your behalf from the External Account designated by you. You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).

d. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

i. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;

ii. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

iii. The transfer is refused as described in Section 6 (Refused Transfers) of the Transfer Money Terms below;

iv. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account, External Account, or Loan Account information; and/or,

v. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

e. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

f. Instant Transfers. The Instant Transfers feature allows for transfers to and from External Accounts that are enabled through a Payment Network designed to deliver transfers on the same day and potentially within minutes, although actual speed will vary, as described below. Instant Transfers are not instantaneous. Delivery speed may vary based upon the fraud, risk and other funds availability policy of the applicable External Account financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks or other financial institutions that may be involved in the transmission of a transfer. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Instant Transfers unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Transfer Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.

2. Transfer Methods and Amounts. Section 18 of the General Terms (Payment and Transfer Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.

3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service). Instant Transfers may not be cancelled as the Transfer Instructions will be processed immediately.

4. Stop Payment Requests. Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment begins processing. If you desire to stop any payment that has already begun processing, you must contact us by sending a secure message through TBO or calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181. Although we will attempt to accommodate your request, we will have no liability for failing to do so. An oral stop payment order is binding on us only for 14 days unless confirmed in writing within this period. A written stop payment will remain in effect in accordance with the stop payment provisions in the Uniform Commercial Code or NACHA Rules, as applicable to the transaction. The charge for each stop payment order will be the current charge for such service as set out in the Service Charge Schedule. If you are a consumer and order us to stop a preauthorized, recurring payment three Business Days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages. Please see Section 19 of the General Terms above for more information on preauthorized payments.

5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Eligible Transaction Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. Additional fees may apply for Instant Transfers and Businesses enrolled in the Small Business Transfers Service. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 of the General Terms (Failed or Returned Payment or Transfer Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.

6. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.

7. Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.

8. Your Liability for Unauthorized Transfers. This Section 8 (Your Liability for Unauthorized Transfers) applies only to the Small Business Transfers Service.

Federal Regulation E provides certain protections against loss resulting from unauthorized online banking or mobile banking transfers from your personal account, including bill payments or transfers to other accounts. These protections do not apply to business purpose Accounts, regardless of account ownership.

Section 18 (Your Liability for Unauthorized Transfers) of the General Terms shall not apply to the Small Business Transfers Service. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with us in the manner set forth in Section 6 (Notices to Us Regarding the Service) of the General Terms above. You acknowledge and agree that time is of the essence in such situations. Tell us AT ONCE if you believe your user ID, password, or other means of accessing the Small Business Transfers Service have been stolen or used without your permission. You could lose all of the money in your Eligible Transaction Account, plus any credit available in any available overdraft protection plan. Also, if the periodic statement for your Eligible Transaction Account shows payments or other Small Business Transfers Service transactions that you did not make, tell us at once. YOU ARE RESPONSIBLE FOR ALL PAYMENTS INITIATED USING YOUR USER ID, PASSWORD, AND OTHER MEANS OF ACCESSING THE SMALL BUSINESS TRANSFERS SERVICE, REGARDLESS OF WHETHER YOU AUTHORIZED THEM OR IF THEY EXCEED THE LIMITS THAT YOU IMPOSED ON YOUR AUTHORIZED USER(S).

9. Definitions

"Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable. For the Small Business Transfers Service, Accounts include business checking, money market or savings accounts. In the context of transfers to a Loan account, the term “Account” also includes a Loan Account.

“Business” means any person or entity other than a Consumer with an Eligible Transaction Account that utilizes the Service.

“Consumer” means a person (not a business or other entity) with an Eligible Transaction Account primarily for personal, family or household purposes.

"Eligible Transaction Account" is as defined in Section 40 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

"External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account or Loan Account.

“Loan Account” is a loan account that you hold with us and to which you may transfer funds through the Service.

"Transfer Instruction" is a specific Payment Instruction (as defined in Section 40 of the General Terms) that you provide to the Service for a transfer of funds.

eStatement Service Additional Terms

1. Description of Service. The term “eStatement Terms” means these eStatement Services Additional Terms. The eStatement Service (for purposes of these eStatement Terms, and the General Terms as they apply to these eStatement Terms, the "Service") allows you to receive and view your current and past account statements for your Eligible Transaction Account(s) through the Site.

2. Enrolling in the Service. You may sign up for the Service by accessing the Documents tab on TBO. By enrolling in the Service, you authorize us to discontinue sending you Statements via postal mail service and to instead deliver Statements to you electronically. You understand and agree that we will send you an email on an ongoing basis to the email address that you provide to us, notifying you that a Statement is ready to be viewed through TBO. You understand and agree that you will no longer automatically receive paper copies of your Statements, although you may request that we send you a paper copy of any Statement.

3. Authority and Binding Nature of Request for eStatements. When you enroll in the Service, you represent and warrant to us that you are an authorized signer of the Eligible Transaction Account(s) you are enrolling and that you have the authority to enroll in the Service for all joint account holders. Each joint account holder on the Eligible Transaction Account(s) shall be legally bound by these eStatement Terms.

4. Withdrawal of Request for Service. Your request to receive Statements electronically is voluntary and may be withdrawn at any time. To withdraw your or a joint account holder’s request for the Service, you may access the Documents tab on TBO or you may contact us as set forth in Section 6 of the General Terms above. Subject to our confirmation of your request, such withdrawal shall become effective no later than fifteen (15) days after receipt by us. Upon termination, you understand and agree that you will no longer have access to eStatements through TBO and that you will receive all Statements in paper form via postal mail service.

5. Email Address. You agree to maintain a valid, active email address and to promptly notify us of any change. To change your email address, contact the Bank's Customer Service as set forth in Section 6 of the General Terms above. We are not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from notifications sent to an invalid or inactive email address or postal address that you have provided. When a provision of a document we send you includes a time period stemming from your receipt of a Statement from us, such time period shall start or end, as applicable, on the date that we send to your email address a notice that a Statement is available for viewing.

6. Definitions.
"Eligible Transaction Account" is as defined in Section 40 of the General Terms, except that it shall be limited to a checking, money market, savings, certificate of deposit, or loan account that you hold with us.

“Statement” is any periodic account statement or notice you may be entitled to receive in connection with the Eligible Transaction Account(s) you enroll in the Service.

MOBILE DEPOSIT SERVICE ADDITIONAL TERMS

1. Description of Service. The term “Mobile Deposit Terms” means these Mobile Deposit Service Additional Terms. The Mobile Deposit Service (for purposes of these Mobile Deposit Terms, and the General Terms as they apply to these Mobile Deposit Terms, the "Service") allows you to make deposits remotely to your Eligible Transaction Account(s) by sending Check Images to us through your mobile device.

2. Presentment. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or a Substitute Check or by using any other manner of presentment allowed by law. The manner in which the Check Image or Substitute Check is presented for payment, cleared, and collected shall be determined by us, in our sole discretion. All Check Images you deposit through the Service will be considered "items" under the Uniform Commercial Code, as if they were the original paper items. In the event the item you submitted for deposit is returned unpaid, you will receive a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment.

3. Items Eligible for the Mobile Deposit Service. We may, in our sole discretion, decline to accept any Check Image you submit through the Service. Only a check that is a negotiable demand draft drawn on or payable through or at an office of a United States bank is eligible for deposit as a Check Image through the Service. You may not deposit any of the following items through the Service: checks drawn on banks located outside the U.S.; traveler’s checks; checks payable in a currency other than U.S. currency; savings bonds; money orders; promissory notes; checks payable to a person other than you (even if the check is endorsed over to you); fraudulent checks or checks you should have known were fraudulent; stale checks (more than 6 months old); checks that have been previously deposited with us or at another financial institution; substitute checks (as defined in Regulation CC); remotely created checks (as defined in Regulation CC); checks containing alterations of any kind; or any other type of item that we, in our sole discretion, refuse to accept through the Service. If you scan and attempt to deposit an item that is not eligible for deposit, we may, in our sole discretion, reject the deposit. We may notify you of a rejected deposit, but we will not return the image of the item you attempted to deposit.

4. Endorsement. You must endorse checks to be deposited through the Service in the following manner:

CapFed Mobile Deposit Only

Signature

We may reject any deposit that does not contain the required endorsement.

5. Limits on Use of the Mobile Deposit Service. We may impose limits on the amount of deposits you make through the Service and, in our sole discretion, we may refuse to permit you to make deposits to certain Eligible Transaction Accounts through the Service. You may deposit up to a total of $3,000 per day for consumers and $15,000 per day for businesses. We reserve the right to review your use of the Service and your security practices, and may require you to implement reasonable and necessary controls in order to continue to use the Service.

6. Technical Requirements and Accuracy of Images.

a. We have no responsibility for any technical difficulties you may have in accessing the Service, including without limitation difficulties with your phone or your wireless carrier. You are solely responsible for learning to use the Service and we shall not be liable for any errors that arise out of or result from your failure to follow our guidelines or requirements for submitting a Check Image for deposit.

b. You are solely responsible for accurately capturing a clear and complete image of each Original Check, including MICR Data. If your mobile device produces Check Images that we determine are not of acceptable quality, we may, in our sole discretion, reject your deposit; however, we have no obligation to inspect the Check Images you submit for deposit. You shall inspect each Check Image to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check, and the MICR Data. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that you transmit to us for deposit. We shall not be liable for any failure to accept or process a deposit of a Check Image for which you have not provided us (1) full and correct information from the Original Check, (2) an accurate and legible Check Image of the Original Check, or (3) a Check Image that complies with our formatting standards and other guidelines we may make available to you.

c. A Check Image transmitted for deposit using the Service is received when the entire transmission in which the Check Image is contained is received and approved by us. Any transmission of a Check Image for deposit made after 6:00 p.m. Central Time will be deemed to be received by us at the opening of the next Business Day.

d. We shall not be liable for Check Images we do not receive for any reason, including because of a transmission error. We will send an email confirmation once we receive a Check Image from you. Even after we confirm receipt, however, we may, in our sole discretion, reject the Check Image for any reason. Any confirmation or notification from us that a Check Image was received or approved does not mean that the Check Image deposited has cleared the paying institution.

7. Your Representations and Warranties. Each time you submit a Check Image to us for deposit to an Eligible Transaction Account through the Service, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the Original Check and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement, or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check. In addition, you also make the following specific representations and warranties each time you submit a Check Image to us for deposit through the Service:

a. All information you have provided to us is accurate and complete.

b. The Check Image is a complete and accurate representation of the front and back of a check that is eligible for deposit under these Mobile Deposit Terms and includes the MICR Data.

c. The Check Image satisfies our image quality standards, as we may establish them from time to time, and any image quality standards established by ANSI, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse, or association involved in the regulation or oversight of remote deposits.

d. The Original Check used to create the Check Image has not been previously deposited with us or at any other financial institution, duplicated, or used to create another image or electronic fund transfer.

e. Neither the Original Check nor any duplicates of the Original Check will be presented for payment again unless authorized by us.

f. No person will receive a transfer, presentment of, return of, or otherwise be charged for the Original Check, the Check Image, a Substitute Check, or a paper or electronic representation of the Original Check or a Substitute Check such that that person will be asked to make a payment based on a check that it has already paid.

g. No subsequent transferees of the Check Image, or any Substitute Check created from the Check Image (including us, a collecting or returning bank, drawer, drawee, payee or endorser) shall sustain a loss as the result of the fact that the Check Image or Substitute Check was presented for payment or returned instead of the Original Check.

h. You are a person entitled to enforce the Original Check, all signatures on the Original Check are authentic and authorized, the Original Check has not been altered or forged, the Original Check is not subject to a defense or claim in recoupment of any party that can be asserted against you, and you have no knowledge of any insolvency proceeding against the drawer.

i. You are acting in compliance with this Agreement, your relevant Eligible Transaction Account agreement, and all applicable laws and regulations.

8. Indemnification. With respect to your use of the Service and each Check Image that you transmit to us, in addition to any other indemnification obligations that you may have pursuant to this Agreement and other agreements with us, you shall indemnify and hold us harmless from and against any and all claims, demands, damages, losses, liabilities, penalties, and expenses including, without limitation, reasonable attorney fees and court costs (collectively, "Claims") arising directly or indirectly from or relating to your use of the Service or your breach of the representations, warranties or covenants set forth in these Mobile Deposit Terms, including, without limitation, any such Claims relating to (a) any duplicate, fraudulent, altered or unauthorized check, Check Image or Substitute Check; (b) the fact that we accepted and processed a Check Image on your behalf; (c) our acceptance of or creation of a Check Image or Substitute Check rather than requiring presentment of the Original Check; (d) your attempt to duplicate the presentation to us or any other depository institution of a Check Image through the presentation of the Original Check or any Check Image or Substitute Check derived from the Original Check; or (e) our inability to qualify as a holder in due course of the Original Check or the Check Image under the Uniform Commercial Code.

9. Retention of Original Check. When the Check Image you have submitted to us through the Service has been approved by us and credited to your account, you must write on the front of the Original Check " MOBILE DEPOSIT APPROVED” and the date of such approval. You warrant that you will retain the Original Check for 30 days following notice of our approval and store it securely, using precautions at least as secure as you would use to protect blank checks. You must make the Original Check available to us upon our request during the 30-day period. If you fail to produce the original check upon our request during the thirty (30) day period, you authorize us to deduct the amount in question from your account, regardless of whether such deduction may cause your account to become overdrawn, and to pay any associated fees. At the expiration of the 30-day period, you must securely destroy the Original Check.

10. Funds Availability. The first $225.00 of funds deposited through the Service will be available when the deposit is approved. For deposits greater than $225, an additional $1,300 will be available the first Business Day following the day your deposit is approved, and the remainder of your deposit will be available on the second Business Day following the day your deposit is approved. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written or other authorized debits. However, we may, in our sole discretion, delay availability of funds from any deposit you make through the Service. If we further delay availability of funds from your deposit, we will notify you by email at the email address provided through your TBO enrollment or by mail using your address on file. You may update your email address at any time through TBO.

11. Security Procedures. You are solely responsible for the security of any mobile device you use to access the Service. You should not provide access to the Service to any other person. You must comply with the security procedures or practices set forth in this Agreement and that we otherwise may require from time to time. You are also solely responsible for safeguarding the security and confidentiality of any information obtained through your use of the Service, for physical checks which you have imaged, and for preventing unauthorized access to the Service and your Eligible Transaction Account(s).

12. Availability of the Mobile Deposit Service. We will use reasonable efforts to make the Mobile Deposit Service available; however, the Mobile Deposit Service may be unavailable from time to time for maintenance or other reasons. If the Mobile Deposit Service is unavailable or any reason, you may make a deposit by bringing a paper check into any Capitol Federal Savings Bank branch or mailing it to us at 700 S. Kansas Ave., Topeka, KS 66603. You may also deposit your check through one of the night drop boxes available at any traditional Capitol Federal Savings Bank branch or deposit the item through any Capitol Federal Savings Bank ATM. We make no representations or warranties about the availability of the Mobile Deposit Service.

13. Definitions.

"Check Image" means an electronic image of an Original Check.

"Eligible Transaction Account" is as defined in Section 40 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

"MICR Data" means information from the magnetic ink character recognition (“MICR”) printing on the bottom of a check that includes routing, transit, account, and check numbers.

"Regulation CC" means Regulation CC as adopted and amended by the Federal Reserve Board, set forth at 12 C.F.R. Part 229.

“Original Check” means the paper check used to create a Check Image for deposit through the Mobile Deposit Services.

"Substitute Check" means a paper reproduction of the Original Check created from the Check Image, which meets the definition of a substitute check under Regulation CC.

Capitol Federal Alerts Service Additional Terms

1. Description of Service. The term “Alerts Terms” means these Capitol Federal Alerts Service Additional Terms. The alerts service (for purposes of these Alerts Terms, and the General Terms as they apply to these Alerts Terms, the “Service”) enables you to receive transaction alerts and notifications (“Alerts”) from the Site.

2. Alerts.Your enrollment in Capitol Federal’s True Blue Online® Service (the “Service”) includes enrollment to receive Alerts. Alerts are electronic notices from us that contain transactional information about your Capitol Federal account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service.We may add new Alerts from time to time, or cancel old alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Capitol Federal reserves the right to terminate the Service at any time without prior notice to you.

3. Methods of Delivery.We may provide Alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Capitol Federal Online Banking message inbox. You agree to receive Alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

4. Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab on the Site. For help with SMS text Alerts, text “HELP” to 99588 In case of questions please contact us as set forth in Section 6 of the General Terms above. Our participating carriers include (but are not limited to) AT&T, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

5. Limitations.Capitol Federal provides Alerts as a convenience to you for information purposes only on an “as is” and “as available” basis. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Capitol Federal’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Capitol Federal, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

6. Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. Your acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

FOREIGN CURRECNY EXCHANGE SERVICE ADDITIONAL TERMS

1. Description of Service. The term “Foreign Currency Exchange Terms” means these Foreign Currency Exchange Additional Terms. The Foreign Currency Exchange Service (for purposes of these Foreign Currency Exchange Terms, and the General Terms as they apply to these Foreign Currency Exchange Terms, the "Service") enables you to purchase foreign currency on the Foreign Currency Exchange Platform. By placing an order to purchase foreign currency through the Service, you authorize us to follow your instructions and debit your Eligible Transaction Account for the amount of the transaction and any related fees in accordance with the terms of this Agreement.

2. Foreign Currency Exchange Platform. You acknowledge that the Foreign Currency Exchange Platform is provided by our Service Provider(s) and agree to be bound by any terms of use or other agreements required to use the Foreign Currency Exchange Platform and any applicable laws and regulations.

3. Foreign Currency Orders. When you use the Service to order foreign currency, you will select the type and amount of foreign currency you wish to purchase. The purchase total and delivery fee will be displayed on the screen, and, if you wish to proceed with the transaction, you will provide the Eligible Transaction Account to be debited for your purchase. Once you have successfully placed your foreign currency order, you will receive a confirmation email notifying you that your foreign currency order is processing. If you do not receive a confirmation email after completing your transaction, contact us as soon as possible at 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181. You will receive a second email notification after your foreign currency order has been approved and shipped.

4. Transaction Limits and Restrictions. The minimum purchase amount of any foreign currency order is $20.00 and the maximum amount is $5,000.00. We cannot guarantee specific denominations of foreign currency, and you will receive denominations available at the time of your foreign currency order. Foreign coins are not available. Purchase amounts will be rounded to the nearest available currency denomination. You may purchase more than one type of foreign currency in a foreign currency order. You cannot return or otherwise sell foreign currency through the Service but may do so at certain Capitol Federal branch locations. The Service is only available to customers located in the United States.

5. Exchange Rates. Exchange rates are set Monday through Saturday (including Federal holidays) at 6:15 a.m. Central Time. Exchange rates set Monday through Friday are guaranteed for 24 hours, and exchange rates set on Saturday are guaranteed for 48 hours. Exchange rates are calculated by adding a margin to our actual cost rate and may vary from other exchange rates in existence globally. We reserve the right to change the margin at any time without advance notice. By completing a transaction to purchase foreign currency through the Service, you irrevocably agree to accept the exchange rate used in the transaction and further agree that any additional funds resulting from using the exchange rate shall be retained by us and our Service Provider(s) as payment for performing the transaction. We do not accept any liability for exchange rates, including but not limited to any liability if our exchange rates are different from exchange rates offered or reported by third parties.

6. Cut-Off Time. The cut-off time for processing foreign currency orders each Business Day is 2:30 p.m. Central Time. Foreign currency orders received after the cut-off time will be processed the next Business Day at the exchange rate available at the time the foreign currency order is processed.

7. Order Cancellation. Once a foreign currency order begins processing, it cannot be cancelled or modified. Call us as soon as possible at 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181, if you wish to cancel or modify a foreign currency order and we will use reasonable efforts to do so. If the foreign currency order is cancelled or modified, we will credit your relevant Eligible Transaction Account for the amount of the transaction. If the foreign currency order cannot be cancelled or modified, your foreign currency is eligible for repurchase by the Bank under the terms of this Agreement. We will not be liable to you if we cannot cancel or modify a foreign currency order before it begins processing.

8. Return of Foreign Currency. If we cannot cancel or modify a foreign currency order or if you otherwise wish to return a foreign currency order, we will buy back the foreign currency at the same rate for which you purchased it within five Business Days of the original purchase transaction. After five days, we will buy it back from you at the current day’s buy rate. You will be responsible for any shipping charges associated with the return transaction, which will be deducted directly from the amount due to you in the return transaction.

9. Delivery. Foreign currency orders may be delivered to the Capitol Federal branch location selected by you at the time you place your foreign currency order or the physical address we have on file for the Eligible Transaction Account used to complete the transaction. Shipments of foreign currency orders cannot be delivered to a P.O. box and must be signed for by a person at such address who is at least 21 years old. Foreign currency orders will not ship on Saturdays, Sundays, or federal holidays. We and our Service Provider(s) reserve the right to choose, in our sole discretion, the carrier or carriers for the shipment of any package containing a foreign currency order. Shipping charges for foreign currency orders will be disclosed at the time of the transaction.

10. Refused Foreign Currency Orders. We reserve the right to refuse any foreign currency order. We will notify you promptly if we exercise our right to refuse a foreign currency order; however, no such notification shall be provided if you attempt to place a foreign currency order prohibited under this Agreement.

11. Insufficient Funds in Payment Account. If you do not have sufficient funds in your Eligible Transaction Account at the time a foreign currency order is processed, the foreign currency order will be cancelled.

12. Illegal Activity. Foreign currency orders that we or our Service Provider(s) determine, in our sole discretion, are not in compliance with any applicable law or are suspected of being fraudulent or otherwise illegal will not be processed.

13. Limitation on Liability. We and our Service Provider(s) will not be liable for any loss or liability arising from (1) any negligent or intentional action or inaction on your part, including the failure to provide accurate or timely information; (2) your inability to access or remain connected to the Foreign Currency Exchange Platform provided in connection with the Service for any reason beyond our control or the control of our Service Provider(s); (3) any ambiguity or inaccuracy in any foreign currency order placed by you; or (4) any error, failure, or delay in the execution, cancellation, or modification of a foreign currency order caused by circumstances beyond our control or the control of our Service Provider(s), including but not limited to orders of government agencies, pandemic, epidemic, or virus outbreak; war, riots, terrorism, or civil insurrection; or fires, floods, earthquakes, severe weather events, or loss of public utilities.

14. Termination, Suspension, or Cancellation of Service. If your access to TBO or the Service is terminated, suspended, or cancelled, any foreign currency order we have already begun processing on or before the termination, suspension, or cancellation date will be completed by us.

15. Definitions.

"Eligible Transaction Account" is as defined in Section 40 of the General Terms, except that it shall be limited to a checking or savings account that you hold with us.

“Foreign Currency Exchange Platform” is the third-party website provided by our Service Provider(s) and available to you through True Blue Online® on which you may initiate transactions to purchase foreign currency.

ALLDATA SERVICE ADDITIONAL TERMS

1. Description of Service. The term “AllData Terms” means these AllData Service Additional Terms. The AllData Service (for purposes of these AllData Terms, and the General Terms as they apply to these AllData Terms, the “Service”) enables you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. This Service is accessed through the Site. Capitol Federal Savings Bank “(“Capitol Federal” or the “Bank”) has licensed the Service from CashEdge Inc. and is making the Service available to you. These AllData Terms are between you and the Bank.

Any reference to the Bank in the AllData Terms includes any directors, officers, employees, contractors, agents, service providers or licensees of Capitol Federal. As used in this document, the words "you" and "your" refer to the undersigned's use of the Service; the words "I" "me" "we" "us" "our" and any other variation thereof, refer to the Bank.

2. Acceptance of Terms. When you click on the button to accept this Agreement, you agree to accept the AllData Terms, including any amendments to the AllData Terms. If you do not accept and agree to the Agreement or all of the AllData Terms, you will not be entitled to use the Site, Content, software and Services. Capitol Federal reserves the right to change the AllData Terms under which the Services are offered in its sole discretion at any time; however, the Bank will notify you of any material changes to the AllData Terms. In most cases, you will receive notice on-line the next time you log in; however, Capitol Federal reserves the right to notify you by email or conventional mail, at its discretion. You agree that if you continue to use the Services after Capitol Federal notifies you of any change, you thereby accept the changes to the AllData Terms and agree to be bound by the AllData Terms, as amended. If you do not accept and agree to the changes to the AllData Terms, you will not be allowed to use the Service. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by providing notice in accordance with Section 6 of the General Terms. Once your account with Capitol Federal has terminated for any reason, you will have no further right or access to use the Service. To use the Service you must be at least eighteen (18) years old and have an email address.

3. Privacy. Capitol Federal safeguards your personal information, as required by law. In order to provide the Service, the Bank must obtain from you certain personal information regarding your accounts and financial relationships. Capitol Federal shall collect such information as you knowingly provide to us or specifically authorize the Bank to obtain on your behalf in connection with the Service. The Bank will request personal financial information from you at the time you register. This information is necessary to create your user profile, which allows you to access the Service. You may access, review and update your personal and account information at any time by clicking on the Profile widget on the portion of the Site through which the Service is offered.

In order to enable Capitol Federal to provide the Service, the Bank will ask you to provide information needed to access your Third Party Accounts. Capitol Federal will use this information on your behalf and to carry out your instructions.

4. User Content. Subject to the Privacy Policy described above, you agree that Capitol Federal may use, copy, modify, display and distribute any information, data, materials or other content (the "Content”) you provide to the Bank in order to provide the Service, and you hereby give the Bank a license to do so. By submitting Content, you represent that you have the right to license such Content to Capitol Federal for the purposes set forth in the AllData Terms.

5. Third Party Accounts. You understand and agree that, in order to provide the Service, it is necessary for the Capitol Federal to access third party websites and data bases containing information regarding your accounts and financial relationships as designated by you ("Third Party Accounts"), on your behalf, to retrieve information as requested or authorized by you. By using the Service, you agree to authorize the Bank to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by the AllData Terms. You warrant and represent that the information you are providing Capitol Federal with is true, correct and complete. You represent and warrant to the Bank that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit Capitol Federal to use Content and other information submitted by you to the Bank (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts.

For as long as you are using the Service, you give to Capitol Federal a limited power of attorney and appoint the Bank as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once Capitol Federal has actual knowledge that you wish to cease using the Service as provided in these AllData Terms or as otherwise permitted in these AllData Terms and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by the Bank in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify us that you wish to discontinue using the Service, you notify us in accordance with Section 6 of the General Terms.

You understand and agree that at all times your relationship with each Third Party Account provider is independent of CAPITOL FEDERAL and your use of the Service. The Bank will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN CAPITOL FEDERAL IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, THE BANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT CAPITOL FEDERAL, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.

YOU AGREE THAT CAPITOL FEDERAL SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) THE BANK’S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) THE BANK’S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.

6. Securities Quotations. In order to update the value of your assets as shown to you, we will access your Third-Party Account. CAPITOL FEDERAL MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES THE BANK MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT.

7. Electronic Communications. The Service is an electronic, Internet based-service. Therefore, you understand and agree that these AllData Terms will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

This Agreement, the AllData Terms, and any amendments, modifications or supplements to it.
Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
Any other communication related to the Service.

Although Capitol Federal reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these AllData Terms and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive the AllData Terms or the Communications electronically, you may not use the Service.

You agree to promptly update your registration records if your email address or other information changes.

Communications may be posted on the Site and/or delivered to the email address you provide. All electronic Communications sent by email will be deemed to have been received by you when Capitol Federal sends it to you, whether or not you received the email. If the Communications are posted on the Site, then it will be deemed to have been received by you no later than five (5) business days after Capitol Federal posts the Communication on the pages of the Site, whether or not you retrieved the Communication. An electronic Communication by email is considered to be sent at the time that it is directed by Capitol Federal’s email server to the appropriate email address. An electronic Communication by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

8. Proprietary Rights. You acknowledge and agree that Capitol Federal owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by the AllData Terms. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Service or technology.

9. No Unlawful or Prohibited Use. As a condition of using the Service, you warrant to Capitol Federal that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement, the AllData Terms or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

10. Service Changes and Discontinuation. Capitol Federal may modify or discontinue the Service with or without notice, without liability to you, any other user or any third party. Capitol Federal reserves the right to terminate your access to the Service at any time and for any reason, including without limitation if the Bank, in its sole judgment, believes you have engaged in conduct or activities that violate any of the AllData Terms or the rights of the Service, or if you provide Capitol Federal with false or misleading registration information or interfere with other users or the administration of the Service.

Once your access to the Services has terminated for any reason, you will have no further right or access to use the Service, and Capitol Federal will not access your Third Party Accounts thereafter for any reason.

11. Links to Third Party Sites. The Service may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience for you. While Capitol Federal will attempt to select and provide links to Linked Sites that it believes may be of interest to its customers, the Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Capitol Federal, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.

12. Limitation of Warranty and Liability. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS-IS" AND “AS AVAILABLE BASIS. CAPITOL FEDERAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, CAPITOL FEDERAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY CAPITOL FEDERAL FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

CAPITOL FEDERAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY CAPITOL FEDERAL FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF CAPITOL FEDERAL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification. You agree to indemnify, defend and hold harmless Capitol Federal, its affiliates, partners, officers, directors, employees, service providers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Service, Capitol Federal’s reliance on the information, instruction, license and/or authorization provided by you under or pursuant to the AllData Terms, your violation of the AllData Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

14. Miscellaneous. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Third Party Accounts linked to the Service; and that you may rightfully authorize Capitol Federal to access the Third Party Accounts. You understand that Capitol Federal is not responsible or liable if your other financial institution's or any other provider of Third Party Accounts system "goes down" or if they have any system failures and we are unable to retrieve information on your behalf.

You agree that our rights and remedies arising out of any breach of your representations and warranties in the AllData Terms, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement and the AllData Terms, notwithstanding the lack of any specific reference to such survivability in these provisions. Capitol Federal’s failure to enforce the strict performance of any provision of the AllData Terms will not constitute a waiver of the Bank's right to subsequently enforce such provision or any other provisions of the AllData Terms.

The most current version of the General Terms and the AllData Terms as they appear on the Site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. The AllData Terms may be amended, or any of Capitol Federal’s rights waived, only if the Bank agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by Capitol Federal. All notices to you shall be in writing and shall be made either via email, conventional mail or messages delivered through the Service, at Capitol Federal’s discretion. All notices to Capitol Federal must be made in writing in accordance with Section 6 of the General Terms. The AllData Terms are personal to you and you may not assign it to anyone.

If either of us has any dispute or disagreement with the other regarding the Service or the AllData Terms that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the provisions set forth in Section 32 (Arbitration Agreement and Class Action Waiver) of the General Terms.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. To the extent any term in the AllData Terms conflict with the General Terms, the AllData Terms will control only to the extent of the inconsistency.