Terms and Conditions

Deposit Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

Our Agreement

This agreement outlines the Deposit Account Agreement (the “Agreement”) related to this HARQ Account (“Account”, “HARQ Account,” or “HARQ ”) available from  Iroquois Federal Savings and Loan Watseka, IL, member of the Federal Deposit Insurance Corporation (“FDIC”) (“Iroquois Federal Savings and Loan” or “Bank”) on behalf of NYMBUS, Inc., the program partner responsible for managing the HARQ Account (“HARQ”). “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees. “You”, “your”, “customer” and “HARQ Accountholder” refer to the owner of the HARQ Account.

You may open a HARQ Account at the HARQ website (the “Website”) by visiting HARQ.bank or by using the HARQ mobile banking application (the “Mobile App”). The HARQ Account is not designed for business use, and we may close the account if we determine it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement.

“Account” means a deposit account or accounts you open with HARQ.

“Account Owner,” “you,” “your,” and “yours,” mean the Account holder and owner or owners of the Account. We may, in our discretion, limit the number of account owners for certain account types.

“Authorized Signer” means an Account Owner, a convenience signer, or any other person authorized to make deposits or withdrawals or execute any other transaction on this account. Authorized Signers may, in our discretion, not be allowed for all account types. “HARQ”, “the Bank” “we,” “our”, or “us” shall mean the HARQ, a Division of Iroquois Federal Savings and Loan.

“P.I.N.” means Personal Identification Number, or a number or code which may be used to identify an Account Owner for purposes of authorizing the Bank Account Debit Card transactions.

You understand that you should read these terms, together with the other disclosures and documents constituting this Agreement carefully. Please review this Agreement and retain it in a safe place should you need to refer to it in the future.

Scope of Agreement and Conflict

This Agreement and Bank’s schedule of fees and service charges as outlined in the Truth in Savings Disclosure and Fee Schedule may be supplemented by additional service agreements that you enter into with the Bank, such as agreements regarding online banking, mobile banking, remote deposits or other services. Wherever possible, both this Agreement and the additional service agreement shall govern. In the event of a conflict between this Agreement and a service agreement, the terms and conditions of the service agreement shall govern with respect to the subject matter of the service agreement, but only to the extent there is a conflict. Account types for which services are only provided electronically do not allow for cashing of checks, cash deposits, or in person visits to branch offices.

Business Days

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

Account Basics

Who is Eligible for a HARQ Account

HARQ Accounts are available only to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number.  You must agree to accept electronic, rather than paper statements and documents.  This means:

you must agree to the terms of the HARQ Electronic Disclosures Consent Agreement;

you must keep us supplied with your valid, current email address; and

you must agree to accept electronic delivery of all account communications (such as documents, electronic statements, and end-of-year tax forms).

We may use information from third parties to help us determine if we should open your account.

Opening an Account

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

We may require any person seeking to conduct a banking transaction to present such identifying documentation and information as is acceptable to the Bank in its sole discretion before conducting the transaction. For example, and not by way of limitation, we may require a person to present a driver’s license or passport, provide a username and password, provide a token, provide answers to questions regarding the Customer or his or her accounts, or pass a biometric identification process, such as providing a fingerprint, fingerprint scan, photo for facial recognition, or other biometric test. We can secure further identification by other in accordance with applicable law or technological means. If the person does not provide or permit such identification, we can decline to cash the item and you will not claim that we wrongfully dishonored it.

Account Titling and Ownership

HARQ Accounts may be owned and titled in the name of one owner who may deposit, transfer, or withdraw funds. The owner of the account may choose to add one (1) joint owner during the account opening process, who also has the ability to deposit, transfer, or withdraw funds. HARQ Accounts cannot be owned or titled by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

Individual Account

This is an account in the name of one person.

Joint Account – With Survivorship (And Not As Tenants In Common)

This is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.

Death or Incapacitation

You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your HARQ Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on your HARQ Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the HARQ Account. We may require additional documentation to confirm any claims made on the HARQ Account.

Power of Attorney

You may give another person authority to make transactions on your HARQ Account by giving power of attorney to another individual. The account owner and person executing power of attorney over a deposit account is known as the “Principal.” The person granted power of attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of the Agent.

Our Relationship With You

Neither this Agreement nor the deposit relationship creates a fiduciary relationship between us and you.

Privacy Policy

Our Online Privacy, Security & Information Gathering Policy and Privacy Notice are available at HARQ.bank and are considered part of this Agreement.

Fees and Service Charges

You agree to pay, and this Account is subject to, various fees and service charges, including without limitation, fees listed on the Bank’s Truth in Savings Disclosure and Fee Schedule. We may update the Fee Schedule from time to time at our discretion and will provide notice of changes to you. Subject to federal laws regarding overdraft fees, you agree that all ATM, debit card, and other electronic transactions are subject to all published fees, service charges and interest charges including those that result from insufficient funds transactions, overdrafts and advances against uncollected funds.

In the event a garnishment, attachment, levy, administrative order, subpoena, summons, or other legal or administrative process is initiated relating in any way to this Account, the Bank may take any action necessary to review and respond to such legal or administrative process. The Bank may charge reasonable fees for reviewing, investigating, and responding to any such legal or administrative process. Fees may include, but are not limited to, research charges, copying or electronic reproduction charges, attorney’s fees, and other costs which may be allowed by law. Unless prohibited by law, all expenses incurred by the Bank as a result of any legal, regulatory or administrative proceeding in any way affecting this Account, including but not limited to court costs, any arbitration costs and fees, and reasonable attorney’s fees, may be charged to this Account or billed directly to you.

All of the fees and service charges described herein may be deducted from and/or charged to this Account and the Bank shall not be liable for dishonoring checks, drafts, notes, acceptances, withdrawal and/or transfer documents, and/or other instruments or items, or for the failure to make automatic debits to this Account because of insufficient available funds in this Account resulting from (i) the charging of any service charges, fees or interest, (ii) any administrative hold due to a direct debit, withdrawal, or authorization, or (iii) any withdrawal or administrative hold due to any electronic or wire transfer, the receipt of any notice of return, or for any other reasonable cause.

Modification of Terms

Subject to state and federal law, the Bank may unilaterally amend this Agreement by sending written notice to you 30 days prior to the effective date of the amendment. The Bank may likewise amend the Truth in Savings Disclosure and Fee Schedule. For purposes of fees applicable to this Account, the effective date of a change to the Fee Schedule will be 30 days after the Bank sends you written notice of the change.

If you or your agent requests that the Bank hold notices or statements that would otherwise be sent to you, you and each Authorized Signer agree that any and all notices of amendment are made available to you and are deemed to have been sent to you as of the date when the notice of amendment would have otherwise been sent to you.

Conversion of Account

We reserve the right to convert the Account to another type of account offered by the Bank pursuant to the modification of terms provisions above.

Closing the Account

Except as expressly limited in this Agreement, either you or the Bank may close this Account without notice at any time for any reason. For savings or interest-bearing checking accounts, the Bank may, in its discretion, require you to give the Bank seven (7) days advance notice prior to closing your savings or interest-bearing checking account or withdrawing all of your funds.

If the Bank closes this Account, the Bank may notify you of the effective date on which this Account will be, or was, closed. The Bank may remit to you any positive collected balance remaining in this Account within a reasonable time of the effective date of the closing of this Account. Prior to remitting any funds from the Account, the Bank may deduct from the Account any amounts you owe to the Bank, including, but not limited to, fees, service charges, accrued interest due and owed, any amount subject to the Bank’s right to setoff and any amount subject to a security interest belonging to the Bank and any amount due and owed for any of your other accounts or loans held by the Bank. If you or the Bank closes your Account before accrued interest has been credited to your account, you will not receive the accrued interest.

If the Bank closes your Account, the Bank may mail a check to you at the address that the Bank currently has associated with you in its records. The Bank may either return deposits, checks and other items that it has received after your Account is closed or, without being liable to you. This provision will survive the termination of this Agreement.

Communication Between Depositor and Bank, Third Parties and Bank Information

You and each Authorized Signer authorize the Bank to obtain references and to verify any information regarding you or any Authorized Signer. You and each Authorized Signer further represent and warrant to the Bank that the information provided herein and all of the documents and information you, Authorized Signers, or your representatives have provided to the Bank are true and correct. The Bank may share information as more particularly described in the Bank’s privacy policy, which has been separately provided to you. The Bank may disclose information about Uniform Transfer to Minors Act Accounts to the minor and the minor’s guardian or representative. The custodian agrees to keep the Bank informed of the location of the minor.

Credit Reports

You and each authorized signer authorize the Bank to obtain reports about you periodically from organizations such as credit reporting agencies, check reporting services, and other consumer reporting entities. You and each Authorized Signer also authorize the Bank to provide information to consumer reporting agencies regarding your Account and your relationship with the Bank.

Notice of Negative Information

Federal law requires the Bank to provide the following notice to customers before any “negative information” may be furnished to a nationwide consumer reporting agency: “Negative information” includes information concerning delinquencies, overdrafts, or any form of default.” After providing this notice, additional negative information may be submitted without providing another notice.

The Bank may report information about your Account to credit bureaus and may be reflected in your credit report.

Recording

The Bank may, but is not required to, record your communications with the Bank. You give the Bank permission to record your communications with the Bank. If you authorize someone such as an attorney to do business with the Bank on your behalf, you will be responsible for obtaining their permission to allow the Bank to record their communications with the Bank.

Notices

The Bank may satisfy any obligation to provide notice to you pursuant to this agreement by sending written notice to your last known address or to the last known address or electronic notice to the most recent email address you provided to the Bank through its online banking service (“Online Banking”) or through your communications with customer service. The Bank may also provide you notices and documents by posting a notice to you through Online Banking or by sending a text message or voicemail to your last known phone number. Notice to you is effective the day it is e-mailed to you or otherwise made available to you electronically.

You may provide notice to the Bank by submitting a message to us through the secure message feature of Online Banking, sending an email to support@HARQ.com or mailing written notice to the Bank at:

HARQ
P.O. Box 1437
Westerville, OH 43086

Notice to the Bank is effective when it is received by the Bank. Notice to you is effective when sent as notice to every Account Owner and Authorized Signer. Notice to the Bank using any method other than written notice by mail is effective when the Bank acknowledges such notice in writing.

Address or Name Changes

You agree to notify the Bank promptly of any change in your name, email or physical address by sending a secure message through Online Banking or by contacting Customer Service at 833.682.3847. Any other form or method of notice to the Bank of your change of address is inadequate. BANK IS NOT RESPONSIBLE FOR ANY DAMAGES OR LIABILITY, INCLUDING, BUT NOT LIMITED TO, THEFT, FRAUD, EMBEZZLEMENT, SERVICE CHARGES OR OTHER FEES, ACCOUNT DORMANCY, OR ESCHEAT CAUSED BY OR ARISING OUT OF YOUR FAILURE TO KEEP BANK APPRISED OF YOUR CURRENT EMAIL OR PHYSICAL ADDRESS.

Accountholder Responsibilities

You acknowledge that you have a duty to manage your Account in a responsible manner. Good account management means understanding options and making an informed choice about how to conduct transactions. This includes balancing your checkbook by recording all transactions, reviewing your monthly Account statement, and tracking your Account balance. Keeping a balanced checkbook is the best way to avoid unnecessary fees.

Right to Setoff

We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against

a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity, or (d) setoff is prohibited by the Military Lending Act or its implementing regulations. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

Check Processing

We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of endorsements unless you notify us in writing that the check requires multiple endorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.

Check 21 – Substitute Checks and Your Rights

To make check processing faster, federal law permits the Bank to replace original checks with “substitute checks.” These checks are similar in size to the original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.

Some or all of the checks described in your Account statement may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or electronic debits to your Account. However, you have rights under other laws with respect to those transactions. Details on your rights and how to submit a claim are set forth in the Funds Availability Policy provided to you when you opened your account. If you deposit a substitute check into your Account, you give us the same warranties and indemnities that the Bank, as a reconverting bank, would give under Check 21 regulations.

Truncation, Substitute Checks and Other Check Images

If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in conformance with our internal policy for retaining original checks. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.

Remotely Created Checks

Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the check or has the owner’ s name typed or printed on the signature line.

You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance.

ACH and Wires

This agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

Transaction Processing Procedures

The Bank may refuse to perform any requested act, transaction, or process, which it is not expressly obligated to perform under the terms of this Agreement. The Bank has no obligation to accept deposits or to pay or process any checks, drafts, withdrawal or transfer documents, wires, or other items or transfer types. The Bank may provide notice of any such refusal on your Account statement or another method convenient to the Bank. The Bank may modify its internal procedures at any time without notice for any type of transaction that the Bank deems necessary in order to protect the Bank or you. The Bank may process checks or other items drawn on this Account, or any electronic transfers and electronic transactions in any order (largest to smallest, smallest to largest, numerically or otherwise). The Bank’s current method is described in “Order of Payment” Section of this Agreement. The Bank may change our processing order at any time, even though some processing orders may result in more insufficient funds fees to you than others.

Order of Payment

The Bank will generally process transactions in the order in which they are received at the time they are received and processed by the Bank. Debit card transactions are posted in the order in which they are received by the Bank. Wire transactions are posted in the order in which they are received by the Bank. Mobile deposit transactions are accumulated in intervals and are posted in batches at one of four (4) times each Business Day. ACH transactions are processed when they are received. For ACH transactions received simultaneously, credit transactions are processed first, debit transactions are processed second. Debit card merchants, ATM networks, ACH originators and processors, and other persons involved in processing electronic transactions a) may delay processing transactions, b) may be subject to varying processing speeds, and c) may be subject to various payment security controls that the Bank does not control. Processing times may vary from immediate processing to processing over several days or more. We cannot guarantee that your transactions will be processed in the order in which they occur. Before conducting a transaction, you should determine whether your outstanding transactions have been received and processed by the Bank. The order in which transactions are processed can affect the total amount of overdraft or non-sufficient funds fees incurred. The Bank reserves the right to clear and post transactions in any order, to the extent permitted by law.

Withdrawals

Generally, unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.

Postdated Checks

A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.4

Stale Dated Checks

The Bank is not required to pay any item presented more than six months after its date. However, the Bank may in its sole discretion pay such item in good faith. You agree that the Bank is acting in good faith if there is not a stop payment order in effect when it pays the item.

(5) Withdrawals

Checks and Withdrawal Rules

If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified.

Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify it as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification. If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.

Multiple Signatures, Electronic Check Conversion, and Similar Transactions

An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.

Notice of Withdrawal

We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it. ) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.

Transfer Limitations

For savings and money market accounts you may make up to six transfers or withdrawals during any calendar month or statement cycle of at least four weeks. If you exceed any transfer limits on your account, the Bank may charge your account and may close or transfer your account to another deposit account type selected by us for which you are eligible. The Bank will use the date a transaction is completed by the Bank (as opposed to the day you initiate it) to apply the frequency limitations.

Check and Item Form Specifications

The Bank will not accept cash, checks, or other instruments for deposit in person or by mail. You may deposit checks using the mobile deposit feature of the Bank’s mobile app. You agree that the Bank may refuse to accept for deposit or to process any check, draft, payment order, withdrawal or transfer document, or other item that is presented in a form that the Bank cannot process using equipment that the Bank regularly uses in its normal operations. If the Bank, in its sole and absolute discretion and without any obligation or duty, accepts or pays any item that is not within the Bank’s form specifications, each such transaction is subject to additional fees and service charges as set forth in the HARQ Truth in Savings Disclosure and Fee Schedule. The Bank is expressly authorized to construe as “or” any symbol, mark or word (other than the word “and”) or may imply “or” in the absence of any connective on the payee line of any check or other item containing multiple payees.

Check Stock

You agree not to use checks or check stock that are not in a format approved by the Bank. You acknowledge that the Bank and other depository banks may not be able to properly take or process checks or check stock that are not approved by the Bank. You further agree that the Bank is not liable for loss resulting from check fraud or duplication on check stock purchased from a source other than the Bank, to the extent such loss is not attributable to the Bank’s failure to exercise ordinary care. Checks are not available for all account types.

Duty to Protect Account Information and Methods of Access

You and each Authorized Signer have a non-delegable duty to safeguard (i) all checks and other encoded items from being stolen, or otherwise taken, or utilized without authority, (ii) all account numbers, routing number, Personal Identification Numbers and customer authentication information, (iii) all public and private key encryption information, and (iv) all other Account related private information. You agree to protect such items and information with the same care, as you would your most sensitive personal or financial information. In no case will you safeguard such information with less than a reasonable standard of care.

If any checks or other encoded items are stolen, or otherwise taken or utilized without authority, and the Bank has exercised ordinary care, each Authorized Signer agrees that the Bank is relieved of any and all liability for the negotiation, payment, certification or processing of any such checks and/or other encoded items.

If you voluntarily disclose your Account information to another person orally, in writing, electronically, or by some other means, the Bank may treat such disclosure as your authorization to that person to issue items drawn against your Account. Until you notify the Bank that such items are not authorized, the Bank shall not be liable to you for the payment of any such items even though the items are not in accordance with the authorization you may have given to that person.

A withdrawal by a co-owner or other person with an interest in or authority to transact business on your Account is an authorized withdrawal. A withdrawal by a person you have authorized to use your ATM or debit card or the Bank Account Card is not unauthorized even if that person has exceeded the authority you gave.

If you voluntarily give information about your Account (such as our routing number and your Account number) to a party who is seeking to collect a debt or sell you goods or services, and you do not physically deliver a check to the party, any debit to your account initiated by the party to whom you gave the information is deemed authorized by you.

Bank’s Duty of Care

Due to the large volume of items the Bank must process and the largely automated nature of such processing, you agree that the Bank will not have failed to exercise ordinary care if the Bank examines only a sampling of items pursuant to a written procedure or that meets certain minimum review and inspection criteria which the Bank may establish from time to time. The Bank may utilize a bulk filing system in the processing of checks and other encoded items, and the use of a bulk filing system in the processing of checks and other encoded items will constitute the exercise of ordinary care by the Bank under this Agreement. You accept this standard of care and acknowledge that the Bank’s use of ordinary care as defined above may not detect some types of counterfeit checks. The Bank’s policies and procedures are solely for its use and do not impose upon the Bank a higher standard of care than is otherwise established by applicable law or regulation.

Your Duty to report Unauthorized Signatures, Alterations, and Forgeries.

You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

Your Duty to Report Other Errors or Problems

In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem – such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.

Errors Relating to Electronic Fund Transfers or Substitute Checks

For information on errors relating to electronic fund transfers (e.g., on-line, mobile, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.

Duty to Notify if Statement Not Received

You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.

Deposits

We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence.

An item received after the cut-off time specified in the HARQ Funds Availability Policy shall be deemed received the next business day. The Bank reserves the right to post all deposits not later than midnight of its next business day after their actual receipt of the deposit during regular business hours, or at any later time allowed by law, and the Bank shall not be liable for damages, claims or expenses due to any item presented during any time period allowed herein.

When the Bank accepts deposits and issues receipts, such deposits and receipts are subject to subsequent verification and correction, if necessary. If the Bank discovers or receives satisfactory documentation that an Account entry was made in error or for an erroneous amount or is otherwise incorrect, the Bank may debit this Account for the amount erroneously credited or take such other action as may be required to correct the error, and each Authorized Signer agrees to reimburse the Bank to the extent that the collected available funds in this Account at such time are insufficient to fully correct the error. In the event that any payment does not become final, or is corrected, the originator of the payment will not be deemed to have paid you the amount of the erroneous credit. Each Authorized Signer will be solely responsible for any loss, damage or expense caused by any failure to identify properly the account to which a deposit is made or intended to be made.

We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsements for any item we accept for deposit or collection, and you warrant that all endorsements are genuine.

Direct Deposits

If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law.

We may also use any other legal remedy to recover the amount of our liability.

Demand Drafts

If you attempt to deposit a demand draft (an unsigned draft or a preauthorized draft) into your account, you warrant and guarantee that the draft is valid as drawn and authorized. We may, in our sole discretion, refuse to accept a demand draft.

Return of Deposits

The Bank may, in its sole and absolute discretion and without reason or cause, return or refuse to accept any deposit, transfer or other credit, in whole or in part, to this Account at any time and will not be liable for doing so.

Incomplete or Conditional Items

If any Authorized Signer issues an item which is incomplete or conditional (such as “Void After 90 Days” or “Not Valid Over $500.00”), each Authorized Signer acknowledges such provision or condition is solely for your convenience or internal control purposes and agrees that the Bank may pay such item, in its sole and absolute discretion, even if it is incomplete or the condition has not been fulfilled.

Collection or Foreign Items and Exchanges

The Bank does not accept foreign items or currency for deposit.

Delay in Return of Items

You agree that the Bank will not be liable to you because an item you deposit in this Account is returned after the time set by applicable law if the delay in returning the item is caused by markings on the item in the space reserved for the depository bank’s endorsement that were made by you or a prior endorser. Where the delay in properly returning the item is caused by markings on the item in the space reserved for the depository institution’s endorsement that existed at the time you issued the item, you will also be liable to the Bank for any loss or expense, including without limitation, reasonable attorney fees, the Bank incurs because it is unable to properly return an item drawn on this Account within the time set by applicable law.

Stop Payments

Stop payment requests must be made via Online Banking or by calling Customer Service at 833.682.3847. A stop payment request must specify at a minimum, the date of the item, the exact amount of the item, the item number, and the precise account number. The Bank will employ reasonable efforts to comply with a stop payment request within a reasonable time after receipt of the request. A request for stop payment is effective for six (6) months. A stop payment request may be renewed by written request to the Bank. The Bank will not be held liable if an item is presented for payment and paid after a stop payment request has expired. The Bank may, but is not required to, honor oral stop payment requests. If you make an oral stop payment request and the Bank accepts such request, you must confirm the stop payment request in writing within a reasonable time, but in no more than 14 days from the oral request. The Bank is not required to honor an unconfirmed oral stop payment request. If your check has been converted to an electronic transaction (ACH), and you wish to stop that transaction, contact a Bank representative promptly. Checks converted to ACH require different stop payment procedures. Stopping the paper check will not stop the electronic transaction.

The deadline for receipt of a stop payment request is one (1) hour after the opening of the next Business day after the Business day on which the Bank received the item. For purposes of this paragraph “Business day” is defined as Monday through Friday, from 8:30 am to 5:00 pm, excluding federal and state holidays or other posted Bank closings. For stop payment orders for recurring electronic transactions, please refer to the Regulation E Disclosure/Electronic Funds Transfer Agreement.

EACH AUTHORIZED SIGNER AGREES TO INDEMNIFY AND HOLD HARMLESS THE BANK FROM ANY AND ALL CLAIMS BY THIRD PARTIES, AND ALL EXPENSES AND COSTS INCURRED BY THE BANK (INCLUDING ITS REASONABLE ATTORNEY’S FEES AND COSTS) AS A RESULT OF REFUSING PAYMENT OF SAID ITEM OR ITEMS. EACH AUTHORIZED SIGNER FURTHER AGREES THAT THE BANK WILL NOT BE LIABLE FOR PAYMENT OF AN ITEM SUBJECT TO A STOP PAYMENT REQUEST IF SUCH PAYMENT OCCURS THROUGH INADVERTENCE, ACCIDENT, OR OVERSIGHT, OR IS CREDITED TO, OR AGAINST, ANY CLAIMED INDEBTEDNESS OF ANY AUTHORIZED SIGNER, OR IF BY REASON OF SUCH PAYMENT OTHER ITEMS DRAWN ON THIS ACCOUNT ARE RETURNED DUE TO INSUFFICIENT OR UNCOLLECTED AVAILABLE FUNDS. THE BANK’S LIABILITY, IF ANY, FOR PAYING AN ITEM SUBJECT TO A PROPER, TIMELY AND EFFECTIVE STOP PAYMENT ORDER IS LIMITED TO YOUR ACTUAL ECONOMIC LOSS SUSTAINED, OR TO THE FACE AMOUNT OF THE ITEM, WHICHEVER IS LESS.

Telephonic Instructions

Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.

Monitoring and Recording Telephone Calls and Consent to Receive Communications

Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.

• Your consent is limited to your account, and as authorized by applicable law and regulations.
• Your consent is voluntary and not conditioned on the purchase of any product or service from us.

With the above understandings, you authorize us to contact you regarding your account throughout its existence using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email. However, we first obtain your consent to contact you about your account in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.

Telephone Transfers

A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Limitations on the number of telephonic transfers from a savings account are described elsewhere.

Amendments and Termination

We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s).

Waiver of Protest, Dishonor, Nonpayment

Each Authorized Signer agrees to waive demand, protest and notice of dishonor or nonpayment regarding any items deposited to this Account or presented for cash or negotiation. Any warranty or other liability of any Authorized Signer as an endorser will not be released by the Bank by obtaining verification regarding any presented or deposited item.

Claim of Loss

If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.

Resolving Account Disputes

We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.

Waiver of Notices

To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.

Truth in Savings Disclosure

HARQ Spending Account

Minimum balance to open the account – You must deposit $100.00 to open this account.

HARQ Savings Account

Minimum balance to open the account – You must deposit $100.00 to open this account.

Minimum Balance to earn Interest – You must maintain a minimum balance of $100 in the account each day to obtain the disclosed annual percentage yield. If you balance falls below $100.00 at any time, no interest will be paid for those days you are below the minimum.

Daily balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Rate Information – Your interest rate and annual percentage yield may change at any time at our discretion.

Compounding and crediting frequency – Interest will be compounded every day. Interest will be credited to your account every month.

Effect of closing an account – If you close your account before interest is credited, you will not receive the accrued interest.

Accrual of interest on noncash deposits – Interest begins to accrue on the business day you deposit noncash items (for example, checks).

Tier 1: The interest rate paid on the entire balance in your account will be .25% with an annual

percentage yield (APY) of .25% if your daily balance is more than $100.00 but less than $2,500.00.

Tier 2: The interest rate paid on the entire balance in your account will be .35% with an annual

percentage yield (APY) of 35% if your daily balance is more than $2,499.00 but less than $25,000.00

Tier 3: The interest rate paid on the entire balance in your account will be .45% with an annual

percentage yield (APY) of .45% if your daily balance is more than$24,999.99 but less than $100,000.00.

Tier 4: The interest rate paid on the entire balance in your account will be .55% with an annual

percentage yield (APY) of .55% if your daily balance is more than $99,999.00.

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Round Up Savings Terms and Conditions

Round Up Savings is an add-on feature available on an eligible HARQ Spending Account when you also have a HARQ Savings Account. The Round Up Savings feature is based on debit card point-of-sale purchases from your HARQ Spending Account. The round up initiates an automatic transfer to your HARQ Savings Account when you use your HARQ debit card for point-of-sale purchases. The amount of the transfer is equal to the difference between the amount of your debit card point-of-sale purchase transaction and the next full dollar amount (the “change”). So, when you use your HARQ debit card for a point-of-sale purchase, HARQ “rounds up” the amount of the purchase and transfers the change from your HARQ Spending Account to your HARQ Savings Account. Only debit card point-of-sale transactions are eligible for Round Up Savings.

Enrollment is available during the account opening process only and requires that you open both a HARQ Spending Account and a companion HARQ Saving Account. In order to be eligible for the Round Up Savings feature, the tax owner and non-tax owners of the accounts must be identical on both the HARQ Spending Account and the HARQ Savings Account. In addition, you must also agree to enroll for our e-Documents service, which will be used to deliver electronic versions of your statements and other important account notices to you. Please note that you must contact HARQ to cancel your Round Up Savings service. You may do so by calling 833.682.3847. If you later choose to cancel the eDocuments service, your Round Up Savings service will be automatically cancelled.

You must have sufficient available funds in your HARQ Spending Account to initiate a Round Up Savings transaction. We will not transfer the change from a round up if the amount of the change is more than the amount of your available balance in your HARQ Spending Account, nor will we initiate an account match if an eligible round up transaction does not occur due to insufficient available funds. It is possible to create insufficient funds on your HARQ Spending Account as a result of Round Up Savings automatic round up transactions. Transfers to your HARQ Savings Account occur in real time once the qualifying debit card point-of-sale transaction has been processed through your account and therefore reduced the amount of available funds as a result. It is important that you keep track of your account transactions and the balance of available funds in your account.

HARQ Investment Account

Minimum balance to open the account – You must deposit $2,500.00 to open this account.

Minimum Balance to earn Interest – You must maintain a minimum balance of $2,500 in the account each day to obtain the disclosed annual percentage yield. If you balance falls below $2,500.00 at any time, no interest will be paid for those days you are below the minimum.

Daily balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Rate Information – Your interest rate and annual percentage yield may change at any time at our discretion.

Compounding and crediting frequency – Interest will be compounded every day. Interest will be credited to your account every month.

Effect of closing an account – If you close your account before interest is credited, you will not receive the accrued interest.

Accrual of interest on noncash deposits – Interest begins to accrue on the business day you deposit noncash items (for example, checks).

Tier 1: The interest rate paid on the entire balance in your account will be .45% with an annual

percentage yield (APY) of .45% if your daily balance is more than $2,500.00 but less than $25,000.00.

Tier 2: The interest rate paid on the entire balance in your account will be .55% with an annual

percentage yield (APY) of .55% if your daily balance is more than $24,999.00 but less than $100,000.00

Tier 3: The interest rate paid on the entire balance in your account will be .65% with an annual

percentage yield (APY) of .65% if your daily balance is more than $99,999.99 but less than $150,000.00.

Tier 4: The interest rate paid on the entire balance in your account will be .75% with an annual

percentage yield (APY) of .75% if your daily balance is more than $149,999.00 but less than

$250,000.00.

Tier 5: The interest rate paid on the entire balance in your account will be .85% with an annual

percentage yield (APY) of .85% if your daily balance is more than $249,999.00 but less than

$500,000.00.

Tier 6: The interest rate paid on the entire balance in your account will be 1.00% with an annual

percentage yield (APY) of 1.00% if your daily balance is more than $499,999.00.

Using the HARQ MasterCard® Debit Card

By using your HARQ MasterCard® Debit Card, you agree that:

• You shall abide by our rules and regulations relating to the use of your card.
• Your card remains our property and must be surrendered immediately to us upon request.
• We may cancel your card at any time without notice.
• We may place a temporary hold on your account for the amount of payment authorizations received, but not yet posted. The temporary hold will remain for three (3) business days. This hold will affect your available balance for the items presented for payment to your account.
• We have the right to refuse a transaction on your account when your card has been reported lost or stolen, or when we reasonably believe there is unusual activity on your account.
• You must notify us promptly by telephoning us, emailing us, or writing us if your card is lost or stolen.
• You shall not give your PIN or card to any person not authorized by you to use your card. Do not write your PIN on your card nor keep it with your card.

Debit Card Transactions

Your HARQ MasterCard® Debit Card is accepted at millions of locations worldwide – at places like department stores, grocery stores, restaurants, and gas stations.

You may:

• Withdraw cash from your HARQ Spending Account(s) at an ATM.
• Pay for purchases in person with your PIN and obtain cash back from participating merchants
• Pay for purchases in person, online, or by phone.

CURRENCY CONVERSION and CROSS-BORDER TRANSACTION FEES – If you effect a

transaction with your card in a currency other than US dollars, MasterCard will convert the charge into a US dollar amount. The currency conversion procedure includes use of either a government- mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed and may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.

You will be charged a Currency Conversion fee of .2% and a Cross-Border Transaction fee of .9%. The Cross-Border Transaction Fee is charged on all cross-border transactions regardless of whether there is a currency conversion. A Cross-Border Transaction is a transaction processed through the Global Clearing Management System or the MasterCard Debit Switch in which the country of the merchant is different than the country of the cardholder.

ATM Fees

We will not charge a fee for using an out of network ATM.  However, you may be charged a fee by the ATM operator or any network used for your transaction, including balance inquiries.

Debit Card Limits

• The daily combined POS purchase limit using your Debit Card is the lesser of $2,000, or your available balance.
• The daily ATM withdrawal limit for each Account is the lesser of $500 or your available balance. When you use an ATM not in the PULSE, MasterCard Debit, Cirrus or AllData network, you may be subject to other daily limits set by the ATM operator.
• These Debit Card transaction limits are in addition to the limits set forth in this Agreement. For security reasons, there may be limits on the number of ATM withdrawals using your Debit Card.
• In addition, we reserve the right to decline any Debit Card transaction if we suspect fraud, account takeover, possible illegal activity or any other unusual activity affecting your Account.

Personal Identifications Number (PIN)

You may activate your Debit Card by calling 833.682.3847. You should protect your PIN as you would your Debit Card.

Freeze Debit Card

You may request that we freeze your Debit Card, which means that new purchases (in-store, online, mobile or phone) and ATM transactions will not be authorized, allowed or processed with the Debit Card you have frozen. If more than one debit card has been issued to access your Account, such as a joint account holder debit card, only the debit card you have identified will be frozen.  All other Debit Cards issued to access your Account will continue to be available for transactions.  Freezing your debit card will not stop bill payments, transactions that merchants have marked as recurring, returns, deposits, dispute adjustments, internal or external transfers, reward redemptions, or checks.  You may freeze your debit card by turning it off in the Debit Card Management section of your HARQ Mobile App, or by calling customer service at 833.682.3847.

Electronic Banking Services

Bill Pay

There is no fee to use this service.

With your HARQ Spending Account, you will have access to the Bill Pay feature through the Mobile App or Online Banking which allows you to authorize us to make bill payments on your behalf to third parties.

To initiate a bill payment using the Mobile App or Online Banking, you must provide the name and mailing address of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your HARQ Spending Account balance. Payments made using Bill Pay take the form of a paper check sent to the payee using standard U.S. Postal Service mail. Please allow three to nine (3-9) business days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S and Washington D.C. Bill Pay payments are processed daily by 9 AM EST. Bill Pay payments initiated after this time will be processed by 9 AM EST the next business day. HARQ reserves the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, HARQ will notify you on or before the next business day.

These are the limits when using Bill Pay:

4) Claim of Loss

Bill Pay payments may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Bill Pay payment is returned for any reason, the payment will be voided and the full amount credited to your HARQ Spending Account the next business day.

Uncashed Bill Pay Payments

Uncashed Bill Pay payments are voided after 180 days. Funds from voided checks will be credited to your HARQ Spending Account by 9 AM EST on the next available business day.

Canceling a Bill Pay Payment

You may cancel a single Bill Pay payment as long as it has not been presented for payment by calling 833.682.3847. Funds from any cancelled check will be credited to your HARQ Spending Account by 9:00am EST on the next available business day.

Liability for Failure to Stop Payment of a Bill Pay Payment

If you request cancellation of a Bill Pay payment within three (3) business days or more before it is scheduled to be made, and HARQ does not cancel it in time, HARQ will be liable for your losses or damages.

Electronic Funds Transfer Disclosure and Special Terms and Conditions

Your account number and bank routing number 071174570 can be used for preauthorized direct debits (“ACH Debit(s)”) from merchants, internet service or other utility service providers (collectively “Merchants”) and for the purpose of initiating direct deposits (“ACH Credits”) to your account.

NOTE: The recipient’s name on any direct deposit(s) or ACH Credit(s) we receive must match the name on the account. Any direct deposits received in a name other than the name registered to the account will be returned to the originator.

Limits on ACH Debit Transactions

Cut-off Time – The cut-off time for scheduling ACH transfers is midnight Eastern Standard Time (EST). Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

ACH Debit Limits – The amount of funds that can be transferred from your account per day is limited to the available balance in your account.

Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated Credits Electronic Funds Transfer Services” or “direct deposits” are deposits made to your account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from your account by electronic means. “Online Transfers” are the movement of funds between your account by the use of the Mobile App or the Website.

When you accept direct deposits or authorize automatic payments/debits or transfers to or from your account, you agree to these terms and conditions.

Other relevant terms and conditions described elsewhere in the Agreement also apply as long as they are consistent with the Federal Reserve Bank Regulation E and this Section.

Types of Electronic Funds Transfers Available

1. 1. You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your account.
   2. You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the account and bank routing numbers, directly from your account, subject to the established limitations on withdrawals and transfers.
   3. You may also direct that funds be transferred from your account to other external accounts you own using the transfer option in the Mobile App or Website.
   4. You may use the Debit Card to make purchases at merchants that accept the Debit Card or to obtain cash at ATMs, Over-the-Counter cash and, subject to availability, cash back at POS terminals.

Limitations on Transfers, Amounts and Frequency of Transactions

1. 1. You may make cash withdrawals and POS purchases, not to exceed the established limits for your HARQ Spending Account. See Section(s)), “Cash Access” and “Transaction Limitations” for details about the limits.
   2. If your HARQ Spending Account is closed, blocked or suspended for any reason, you will not be able to transact using your Debit Card (including at an ATM).

Right to Receive Documentation of Electronic Funds Transfers

1. 1. Statements. You will have access to an electronic monthly statement that can be viewed on the Website at HARQ.bank.
   2. Direct Deposits or Automated Credits. If you have arranged to have direct deposits made to your HARQ Spending Account at least once every sixty (60) days from the same person or company, call 833.682.3847 to find out if the deposit has been made.

Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So

If you scheduled a one-time ACH transfer over the phone or recurring ACH transfers using a written authorization form, you can stop any of these payments. Here’s how:

To stop a recurring ACH transfer to a merchant you preauthorized to debit your HARQ Spending Account, please contact the merchant to request cancellation of the recurring payment.

If the merchant with whom you arranged recurring ACH transfers from your account is unable or unwilling to stop the transfer, write to HARQ Customer Service, PO Box 1437, Westerville, OH 43086 or email Support@HARQ.bank to request a stop on such payment. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e. one (1) recurring payment. If you want to permanently stop all recurring payments to a specific merchant you will be required to put your request in writing and send it to Customer Service, P.O. Box 279, Powell, OH 43065. You will need to tell us the name of the payee, the dollar amount of the payment and the date of the payment. If written stop payment notification is not received at least fourteen (14) days before the payment is scheduled to be made, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a pre-authorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS. You are liable for Card transactions you do not authorize if we can prove that we processed the transaction in good faith and in compliance with a commercially reasonable security procedure to which we both agreed, unless otherwise required by law. Tell us AT ONCE if you believe your Card and/or code has been lost or stolen. 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 your Card and/or code is lost, stolen, or used without your permission, you agree to notify us immediately and to promptly confirm such notice in writing. Your liability for transactions with your Card and/or code will continue until 2 business days after the day we receive such written notice. If you do not notify us within 60 days from when the periodic statement containing an unauthorized transaction was first mailed or made available to you, we will be entitled to treat the information in the periodic statement as correct, and you will be precluded from asserting otherwise.

ADDITIONAL LIMIT ON LIABILITY. You will not be liable for any unauthorized transactions using your Card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft and (ii) upon becoming aware of a loss or theft, you promptly reported the loss or theft to us. “Unauthorized use” means the use of your Card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to transactions not processed by MasterCard®.

CONTACT IN EVENT OF UNAUTHORIZED TRANSFER. If you believe your Card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure.

CONSEQUENTIAL DAMAGES. We will not be liable for any consequential or incidental damages resulting from the unauthorized use of your Card.

If your HARQ Spending Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new HARQ Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

Our Liability for Failure To Complete Transactions

If we do not properly complete a transaction from account or Debit Card on time or in the correct amount according to our Agreement with you, we will be liable for your actual and verifiable losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. 1. If, through no fault of ours, you do not have enough funds available in your account to complete the transaction;
   2. If a Merchant refuses to accept your Debit Card or account number;
   3. If an ATM where you are making a cash withdrawal does not have enough cash;
   4. If an electronic terminal where you are making a transaction does not operate properly;
   5. If access to your Debit Card or account has been blocked after you reported your Debit Card or account number lost or stolen;
   6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
   7. If we have reason to believe the requested transaction is unauthorized;
   8. If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
   9. Any other exceptions stated in our Agreement with you.

Confidentiality

We may disclose information to third parties about your account, Debit Card or the transactions you make:

1. 1. Where it is necessary for completing transactions;
   2. In order to verify the existence and condition of your account or Debit Card for a third party, such as a Merchant;
   3. In order to comply with a government agency, court order, or other legal or administrative reporting requirements;
   4. If you consent by giving us your written permission;
   5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
   6. Otherwise as necessary to fulfill our obligations under this agreement.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 833.682.3847, write to HARQ Customer Service, PO Box 1437, Westerville, OH 43086 or email us at  Support@HARQ.bank if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your HARQ Spending Account, if the error could be viewed in your electronic history, or the date we sent the first written history on which the error appeared. You may request a written history of your transactions at any time by calling 833.682.3847, sending us an email at Support@HARQ.bank, or by writing to us at HARQ Customer Service, P.O. Box 1437, Westerville, OH 43086. You will need to tell us:

1. 1. Your name, account number and/or 16-digit Debit Card number
   2. Why you believe there is an error, and the dollar amount involved
   3. Approximately when the error occurred

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your account.

For errors involving new account(s), POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new account(s), we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will notify you of the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, call 833.682.3847 or visit HARQ.bank.

English Language Controls

The meaning of the terms, conditions and representations herein are subject to the definitions and interpretations in the English language. Any translation of this Agreement may not accurately represent the information in the original English.

Customer Service

Customer service agents are available to answer your calls 24/7. For customer service or additional information regarding your HARQ Spending Account, please contact us at:

HARQ

Support@HARQ.bank

PO Box 1437

Westerville, OH 43086

833.682.3847

No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your account.

Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.  The state and federal courts located in Watseka, IL shall be the exclusive venue for, and have exclusive venue jurisdiction over, the Parties hereto with respect to any matter arising out of or relating to this Agreement, and the Parties hereby submit to such courts’ jurisdiction over the Parties with respect to any matter arising out of or relating to this Agreement. Each Party hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the jurisdiction and laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.  The prevailing party in any such action shall be entitled to recover reasonable attorney’s fees and costs incurred therein. No part of this Agreement shall be construed against a Party because that part or any part was drafted or revised by or on behalf of such Party.  The Parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement and the Uniform Information Computer Transactions Act, as they may be adopted by the State of Illinois.

Mobile Check Deposit

Description of Service and Consent

Mobile check deposit (“Mobile Deposit”) allows you to make deposits to your account remotely by using the Mobile App to take a legible picture of the front and back of the negotiable check(s) and transmitting images of such instruments to us in compliance with our requirements (“Check Image(s)”). If the Check Image is accepted for deposit, HARQ will notify you electronically through the communication method(s) you have elected as preference (“Electronic Notice”). The Bank will then attempt to collect the item by presenting the image or converting the image into a digital representation of the original check (“Substitute Check”). Unlike traditional check deposits, you retain the original paper check when you use Mobile Deposit. See the Section, “Retention of Original Check” for retention requirements. The manner in which Substitute Checks are cleared, presented for payment and deposited will be determined by the Bank, in our sole discretion. HARQ, acting as an agent of the Bank, may change, modify, add or remove functionality from Mobile Deposit at any time, with or without notice to you.

Mobile Deposit Eligibility; Termination of HARQ Spending Account Relationship

HARQ, acting as an agent of the Bank, will determine whether you are eligible for the Mobile Deposit feature at its discretion or at the request of the Bank. HARQ may suspend or terminate your use of Mobile Deposit at any time and without prior notice to you. If you violate the terms of Mobile Deposit, such actions may be used as a basis to terminate your account.

Mobile Deposit Technical Requirements

In order to use Mobile Deposit, you must have an Apple iOS or Android smartphone capable of installing and running the HARQ Mobile App (see relevant app store details for specific hardware and OS requirements) that is additionally equipped with a camera capable of taking photos with at least a resolution of 1600 x 1200 pixels (“2 Megapixels”).

Fees

There is no fee for depositing a check via Mobile Deposit. In the event that a check you deposit using Mobile Deposit is returned by the bank upon which it was drawn (for any reason), there may be a fee of $25.00 charged by HARQ. Please note that your mobile carrier may charge you for sending and receiving data to upload Check Images using the Mobile App. Please check your mobile service agreement for details on applicable fees.

Limits and Funds Availability

Limits may be imposed on the dollar amount or number of deposits you make through Mobile Deposit, and we may change such limits at any time at our discretion.

Prohibited Checks

We may decline to accept any Check Image you submit through Mobile Deposit at our sole discretion. You agree that you will not scan and attempt to deposit any of the following:

1. • Checks payable to any person or entity other than you (i.e., third party checks);
   • Checks payable jointly to you and any other person (i.e. made out to ‘John *and* Jane Doe’)
   • Checks containing alterations, illegible items, fraudulent checks, or checks that you should have known or have reason to believe were fraudulent;
   • Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer;
   • Checks from financial institutions located outside of the United States;
   • Checks that are not payable in U.S. dollars;
   • Checks that are more than six (6) months old (i.e. stale-dated);
   • Checks that are post-dated, or payable on a date in the future;
   • Substitute Checks (a digital reproduction of the front and back of an original check);
   • Remotely created checks (a check created by a merchant with a buyer’s account number on it, but without the buyer’s original signature);
   • Travelers checks and savings bonds;
   • Non-negotiable instruments, such as promissory notes; or
   • Starter checks or counter checks (checks from a teller window).

Third-Party Checks

Third-party checks deposited through Mobile Deposit may be rejected. All Check Images submitted for deposit must be payable to you and not to a third-party. In the event a third-party Check Image is received, a Substitute Check will be returned to you through the U.S. Postal Service mail and the deposit will not be processed. Neither HARQ nor the Bank will be liable for any Substitute Checks that may become lost in the mail.

Both HARQ and the Bank reserves the right to reject a Mobile Deposit if it is made payable to the Bank and contains no means to identify the account to which it should be credited.

Receipt of Check

Neither HARQ nor the Bank is responsible for Check Images not received or dropped during transmission. A Check Image will be deemed received only when HARQ provides you with Electronic Notice confirming receipt of the Check Image. After receipt of your Check Image is confirmed, the Check Image will be subject to review before it is submitted for deposit and may still be rejected for any reason at the discretion of HARQ and the Bank. An Electronic Notice confirmation is not a representation, warranty or other indication that the Check Image will be presented for deposit or will be honored by any collecting or paying bank. If HARQ or the Bank rejects a Check Image received through the Mobile Deposit feature, you may contact the individual or company who issued the check, to request a new or reissued check be provided to you. If you do submit the original check for processing, HARQ and the Bank reserves the right to refuse to process it and may instead require you to have the check reissued.

Retention of Original Check

Once the funds from the Check Image have been credited to your account, you must mark the original check as “VOID” and retain it for sixty (60) days. You may not present the original check or any Substitute Check created from the original check for payment at any other financial institution. During this sixty (60) day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check. You must make the original paper check available to HARQ or the Bank for review at any time during this sixty (60) day period as necessary to facilitate the clearing and deposit process, to address third-party claims or for our own audit purposes. Should you fail to produce the original paper check, you authorize HARQ or the Bank to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds. Immediately after this sixty (60) day period, you must destroy the original paper check.

Endorsements

You will endorse any check or other item submitted for deposit exactly as it was made payable to you. You warrant that all endorsements on items deposited to your account are genuine. Any endorsement must be placed in the one-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information. If you fail to do this, you may be required to reimburse HARQ for losses incurred. For any check deposited as a Check Image through Mobile Deposit, you must endorse the check by signing or stamping the back and writing “For mobile deposit only to HARQ account #XXXXXXXXXX” or as otherwise instructed by HARQ before you take a picture of the check. In the absence of endorsement, you authorize HARQ or the Bank to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.

Mobile Deposit Funds Availability

Business Days and Cutoff Time: We are open Monday through Friday excluding federal holidays. Check Images received and accepted for processing prior to 4:00 PM ET on a business day that we are open are considered received as of that day. Otherwise, the Check Images will be considered the work of the next business day.

Our policy is to make funds from your cash, checks, and electronic direct deposits available to you immediately. At that time, you can withdraw the funds in cash and we will use the funds to pay checks that have been written. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. If you make a deposit after the cut-off times listed, or on a day that is not considered a business day, or on a day that we are not open, we will consider that the deposit was made on the next business day that we are open.

Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for the checks you deposit which are returned to us unpaid and for any other problems regarding your deposit.

In some cases, we will not make all of the funds that you deposit by check available to you immediately. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $225 of your deposit will be available immediately. If we are not going to make all of the funds from your deposit available immediately, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

· We believe a check you deposit will not be paid.

· You deposit checks totaling more than $5,525 on any one day.

· You redeposit a check that has been returned unpaid.

· You have overdrawn your account repeatedly in the last six months.

· There is an emergency, such as a failure of computer or communications equipment.

HARQ will send an Electronic Notice informing you if your ability to withdraw funds is delayed for any reason, including information on when the funds will be available. Generally, funds will be available no later than the fifth (5th) business day after the deposit is accepted for processing.

Deposits at Automated Teller Machines

Funds from any deposits (cash or checks) made at automated teller machines (ATMs) that we do not own or operate will not be available until the fifth business day after the day of your deposit.

Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first 30 days your account is open. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s traveler’s and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the ninth business day after the day of your deposit.

Fee Schedule

All fee amounts will be withdrawn from your account and will be assessed as long as there is a remaining balance in your account, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your account will be applied to the fee amount resulting in a zero balance in your account.

*If you use an ATM outside of our network for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your account.

General Funds Availability Policy

Information contained in this section is provided to assist you in understanding our Funds Availability Policy. All deposits into accounts opened through the Bank are processed at a Bank processing facility. This policy does not apply to checks deposited through the Mobile Deposit feature. For Mobile Deposit Funds availability, see the Section, “Mobile Deposit Funds Availability”.

We make funds available according to the type of deposit and when the funds are applied, or credited to your account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your account, you may not withdraw those funds, and we will not use them to pay any debit(s), such as ACH transfers or payments, or transactions using your Debit Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your account, or if any direct deposit, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

Availability

The length of the delay in the availability of funds varies depending on the type of deposit.

Business Days

The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 4:00 PM Eastern Standard Time will be considered current-day deposits. Any deposits received after that time may be processed the following business day.

Same Day Availability

Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your account.

ACH Credits received from an external bank account will be applied to the account when we have verified the external account and received payment on collected funds. Once the funds are applied to the account, they will have same day availability.

Longer Availability

Electronic transfers deposited into the account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request, but will post on the payment date of the deposit once the money has reached the Bank and/or HARQ.

HARQ Mobile Terms of Use

Effective Date: July 1, 2020

HARQ Online & Mobile Application Terms and Conditions.

Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.

Use of the HARQ Application

This agreement (“Terms”) is entered into between you and NYMBUS, Inc., the program partner responsible for managing the HARQ HARQ Spending Account (“HARQ”). Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“HARQ Application”) solely for personal, non-commercial purposes.

You may not use the HARQ Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) NYMBUS’ services; (ii) any other party’s use and enjoyment of NYMBUS’ services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the HARQ Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the HARQ Application, including, without limitation, any usage rules set forth in the online application store terms of service.

From time to time, NYMBUS may automatically check the version of HARQ Application installed on the Authorized Device and, if applicable, provide updates for the HARQ Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the HARQ Application. By installing the HARQ Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the HARQ Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates).

NYMBUS reserves the right to temporarily disable or permanently discontinue any and all functionality of the HARQ Application at any time without notice and with no liability to you.

For the avoidance of doubt, agreement to these Terms is solely between NYMBUS and you. If you need to contact NYMBUS about the HARQ Application, you may do so by calling 833.682.3847 or by emailing Support@HARQ.bank.

Privacy Policy

As a condition of using the HARQ Application, you acknowledge that additional agreements may be in place that govern your relationship with HARQ, including but not limited to the HARQ Account Agreement, HARQ Privacy Policy, and Online Privacy, Security & Information Gathering Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as NYMBUS posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and other agreements, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict.

NYMBUS may track and archive certain information regarding your use of the HARQ Application (“Use Information”). Use Information does not reveal your personal identity. Use Information may be stored and processed in the United States or any other country in which NYMBUS or its agents maintain facilities. By using the HARQ Application, you consent to the collection of your Use Information and to any transfer of your Use Information outside of your country.

Proprietary Rights

You hereby acknowledge that HARQ owns all rights, titles and interest in and to the HARQ Application and to any and all proprietary and confidential information contained therein (“HARQ Information”). The HARQ Application and HARQ Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the HARQ Application or otherwise attempt to derive source code from the HARQ Application; (ii) copy, distribute, transfer, sell or license the HARQ Application; (iii) transfer the HARQ Application to, or use the HARQ Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the HARQ Application; (v) use the HARQ Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter NYMBUS’ (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the HARQ Application.

Content made available through the HARQ Application (“Content”) is protected by applicable intellectual property rights and is the property of NYMBUS, its third party licensors and partners (as applicable), and other entities that provide such content to HARQ. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the HARQ Application hereunder. NYMBUS and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

Export Restrictions

NYMBUS does not represent that the HARQ Application is appropriate or available for use in any geographical location. Any entity choosing to use the HARQ Application is solely responsible for compliance with all applicable laws. The HARQ Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the HARQ Application, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

Termination

You may terminate acceptance of these Terms at any time by permanently deleting the HARQ Application in its entirety from the Authorized Device, whereupon (and without notice from NYMBUS) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the HARQ Application from the Authorized Device.

Indemnity

You agree to hold harmless and indemnify NYMBUS and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the HARQ Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, NYMBUS will provide you with written notice of such claim, suit or action.

Entire Agreement; Revisions to Terms.

NYMBUS may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “HARQ Mobile Terms of Use” is posted in the online application store or any other authorized HARQ Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “HARQ Mobile Terms of Use” in the online application store or any other authorized HARQ Application distribution location. Your use of the HARQ Application following such changes constitutes your acceptance of the revised version of the “HARQ Mobile Terms of Use” in the online application store or any other authorized HARQ Application distribution location.

• This Agreement is effective as of July 1, 2020

Contact Us

Support@HARQ.bank

833.682.3847

Banking Services provided by HARQ, Member FDIC. The HARQ MasterCard®Debit Card is issued by Iroquois Federal Savings and Loan pursuant to a license from MasterCard® Card (MastercCard® Financial Services, Inc) and may be used everywhere  MasterCard® Cards are accepted. HARQ, neither endorses nor guarantees any of the information, recommendations, optional programs, products, or services advertised, offered by, or made available through the external website (“Products and Services”) and disclaim any liability for any failure of the Products and Services.

© 2020 All Rights Reserved