This Addendum contains terms related to the mobile banking service (“Service”) offered by Fremont Bank (“Bank”, “we”, and “us”).  This Addendum incorporates, supplements, and supersedes where inconsistent, the terms of your Business Online Banking and Cash Management Services Agreement with us (the “Agreement”) with respect to the Service.  Part A includes terms that are required by our service providers.  Part B includes additional terms that apply to the Service.  Please read Part A and Part B carefully as they are both part of your agreement with us.  Your use of the Service will be deemed further evidence of your agreement to these terms.
 
 
PART A
 
1.         General Terms and Conditions.  Message & Data rates may apply to the Service.  In case of questions please contact customer service at (866) 222-7215 or visit www.fremontbank.com.
 
Participation.  By participating in the Service, you are agreeing to the terms and conditions presented here.
 
Participating Carriers.  Our participating carriers include (but are not limited to) AT&T, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.
 
Software.   Mobile banking and any software you may obtain from us or our service providers for mobile banking (“Software”) may not be available at any time for any reason outside the reasonable control of the Bank or its service providers.
 
Privacy and User Information.  You acknowledge that in connection with your use of the Service, the Bank, its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Service or the Software (collectively “User Information”).  The Bank, its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Service and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank, its affiliates and service providers also reserve the right to monitor use of the Service and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
 
Restrictions on Use. You agree not to use the Service or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Service or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Service; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Service, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party.  You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of the Service or the Software, the security of the Service or the Software, or other customers of the Service or the Software; or (d) otherwise abuse the Service or the Software.
 
 
PART B
 
2.         Our Service.  We offer the following mobile Services:

• Mobile Access — You can use a cellular phone or other mobile communication device approved by us (“Mobile Device”) to obtain information about your accounts and transactions, communicate with us, receive transaction information, transfer funds between your designated accounts with us, and approve transactions that have been initiated through our online banking service.
• Mobile Deposit — You can use your Mobile Device to deposit checks to your designated Bank account by capturing images of the original paper checks and transmitting the digital images and associated deposit information to us.

3.         Your Equipment.  In order to use the Service, you will need a Mobile Device that is web-enabled with a working connection to the Internet.  Your Mobile Device must support 128-bit encryption.  You also will need our mobile banking App installed on your Mobile Device.  You are responsible for obtaining and maintaining any equipment that is necessary for the Service, such as your Mobile Device.  You agree to use equipment that is compatible with our programs, systems and equipment, which we may change from time to time, with or without notice.  We are not responsible for any errors, failures, or malfunctions of your Mobile Device, software or other equipment required for the Service, or for any virus or related problems that may occur with your use of this Service.  The Service may not be available over some network carriers and may not support all mobile devices.  We assume no responsibility for the defects or incompatibility of any equipment or software that you use for the Service, even if we have previously approved their use.  We reserve the right to change our system requirements from time to time.  Please note that your wireless provider may charge you for internet-related use and text messages.  This Addendum does not amend any agreement you may have with your internet service or wireless providers.    
 
4.         Your Password.  You must be enrolled for our online banking service before you can use this Service.  In order to access the Service, you will use the same User IDs, Passwords and/or other means of identification and authentication (collectively, “Password”) you use to access our online banking service.  You are responsible for keeping the Password secure and confidential.  Never place your Password on or near your Mobile Device.  For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password.  You agree not to disclose your Password to anyone and to take other reasonable precautions to ensure the safety, security and integrity of transactions conducted with your Mobile Device (e.g., not leaving your Mobile Device unattended when logged onto the Service).  Please see the Agreement for additional information regarding security procedures.
 
5.         Mobile Access.  You can use the Service to obtain information about your accounts and transactions, communicate with us, receive transaction information, transfer funds between your designated accounts with us, and approve certain transactions that have been initiated through our online banking service. 
 
Account Information.  You can use your Mobile Device to obtain account balance and transaction information.  Since certain information and transactions are not processed by us until after the close of our business day, some transactions may not be reflected in the system until the next business day.  Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons.  Certain balances also may not be subject to immediate withdrawal.  We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in our information Service.
 
Account Transfers.  You can use this Service to transfer funds between your eligible accounts with us.  Transfers cannot be made from time deposit accounts.  Transfer requests which are received by us on or before our cutoff hour on business days will be posted that day (generally at the end of the day).  Transfer requests received after our cutoff hour or on a weekend or holiday may be deemed received as of the next business day.
 
Transaction Approval.  If a transaction is initiated through this Service or our online banking service and requires approval by a second person, the second person can use this Service to approve the transaction.  The second person must have transaction approval authority and may not exceed any transaction limits established by us or your Service administrator.  Transaction approvals received after our cutoff hour or on a weekend or holiday may be deemed received as of the next business day.
 
6.         Mobile Deposit.  If you are approved for mobile deposit, you can use your Mobile Device to deposit checks to your designated Bank account by capturing images of the original paper checks and transmitting the digital images and associated deposit information (“images”) to us. 
 
Eligible Items.  You may only use this Service to deposit images of original paper checks that are payable to you.  Unless we specifically agree otherwise in writing, you may not use the Service to deposit: (a) checks payable to a third party; (b) demand drafts or remotely created checks (i.e., checks lacking the original signature of the drawer); (c) substitute checks (i.e., paper checks created from an electronic image); (d) checks previously converted to an image replacement document; (e) payable-through drafts; (f) checks that are irregular in any way (e.g., where the numerical and written amounts are different); (g) checks that have previously been returned unpaid for any reason; (h) checks that are postdated or more than 6 months old; (i) checks drawn on a foreign bank or payable in a foreign currency; (j) checks payable to “cash” or “holder”; (k) registered government warrants; (l) checks that are drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are a joint account holder; (m) checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not properly authorized; (n) checks that do not comply with the Bank’s procedures for this Service, as specified in the “Requirements” section below; (o) any check or checks that exceed the transaction limitation(s) described in this Addendum; or (p) checks that are otherwise not acceptable under the terms and conditions of your account agreement.  Our processing of any of the checks described above shall not obligate us to continue that practice, and we may stop doing so without cause or prior notice. 
 
Requirements.  Each image must provide all information on the front and back of the original check at the time of transmission, including the information set forth on the check as presented to you by the drawer.  You agree to place the words “For Mobile Deposit Only” and your account number above the endorsement on the reverse side of all checks you deposit through the Service. 
 
Deposit Limits.  You agree not to exceed the transaction limits we establish from time to time for this Service.  Note:  Transactions occurring on a Saturday, Sunday or holiday will be combined with transactions on the next business day for this purpose.  We may change these limits from time to time.  Unless we advise you otherwise, revised limits will be effective immediately upon notice to you.
 
Receipt of Deposit.  When you send an image, you should confirm whether it has been received by us.  You can do this through our online banking website or the Service on the business day following the day of your deposit.  If your deposit cannot be confirmed through our online banking website or the Service, it may mean that we did not receive your transmission or that there was a problem with some of the information.  If check information received by us is not complete or otherwise cannot be processed by us, we may reject the deposit, notwithstanding our receipt of your transmission, and charge the amount back against any provisional credit to your account. 
 
Following receipt, we may process the image by preparing a paper “substitute check” or clearing the item electronically. 
 
We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only.  Please see your account agreement for other terms related to deposits.
 
Your Responsibility.  You are responsible if you, intentionally or unintentionally, submit incorrect, duplicate or illegible images to us or if the Service is used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
 
Original Checks.  After you confirm that we have successfully received an image, you must securely store the original check for at least 5 days, but not more than 14 days after the date of your transmission, at which time you must thoroughly destroy it (e.g., by marking it “VOID” and cutting it into small pieces).  At our request, you must provide us with the original check (if it is still in your possession) or a legible copy within five business days.  If you fail to do so, we may reverse the amount from your account.
 
You agree that you will never transfer or present the original check (or a copy) once it is processed by us.  You agree to indemnify and hold us harmless if anyone is asked to make a payment based on an original check that has already been paid (or any copy or other reproduction of that check).
 
Availability.  If we receive your deposit information on a business day before our Service cutoff hour, we will consider that day to be the day of your deposit.  If we receive your transmission after our cutoff hour or on a non-business day, we may treat the deposit as received the next business day.  If the drawee of a check or another third party makes a claim against us or seeks a re-credit with respect to any check deposited through this Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim.  We also may charge your account for any check that is returned, whether or not the return is timely or proper. If a check is returned to us for any reason, we may return it to you in the form of a substitute check.  If you decide to redeposit the returned item, you may only redeposit the substitute check in person at one of our branches; you may not deposit the original check without advising us that it was previously deposited electronically and obtaining our written approval.
 
Your Warranties.  You make the following warranties and representations to us with respect to each check you deposit through this Service: (a) You assume responsibility for any check that is transmitted which for any reason is not paid; (b) You are a person entitled to enforce the original check.  You have the legal right to accept the check for deposit and negotiation, regardless of the name of the payee shown on the check; (c) Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check; (d) The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate; (e) You will not transfer, deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that any person will be asked to make payment based on an item that has already been paid; (f) The original check was authorized by the drawer in the amount and to the payee(s) stated on the original check, as reflected in the image sent to us; (g) You have possession of the original check and no party will submit the original check for payment; (h) You have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check or that otherwise may prevent us or another bank from capturing or processing such information; (i) You make all warranties that would otherwise apply to the check if it had been a paper item deposited with us.  For example, you warrant that the check has not been altered; (j) You make all encoding, transfer, presentment and other warranties that we are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearing house rule, or image exchange network rule or agreement to which we are a party; (k) Once we confirm our receipt of the check, you will not attempt to deposit it again; and  (l) You will only use this Service for lawful purposes and in compliance with our instructions and applicable law.
 
You agree to take reasonable steps to ensure that files and images transmitted to us do not contain viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
 
Service Unavailability. In the event that the Service is unavailable, you may deposit original checks at our branch or through our ATMs.
 
Notice of Errors and Other Problems. You agree to notify us immediately in writing if you discover: (a) any error or discrepancy between your records and the information we provide to you about your mobile deposit transactions (e.g., in a statement, confirmation, or electronic report); (b) unauthorized or unreported deposits; (c) a breach in the confidentiality of your Password; or (d) other problems related to this Service. Unless you notify us within 30 days, the statements, confirmations and reports regarding mobile deposits made through this Service shall be deemed correct (absent manifest error), and you are prohibited from bringing a claim against us for the alleged unauthorized transaction or discrepancy.
 
Limitation of Liability.  We will not be liable for any indirect, incidental, special, consequential or exemplary damages.  In addition to the limitations on our liability set forth in the Agreement, we will not be responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from:  (a) your failure to provide us with complete and correct check images and data in accordance with this Addendum and our instructions regarding this Service; (b) the return of any check by the institution upon which it is drawn; (c) any information that is lost, intercepted or destroyed during its transmission to us; or (d) the unavailability of this Service for any reason.  You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with this Service.
 
Indemnification.  In addition to the indemnities set forth in the Agreement, you agree to indemnify, defend, and hold us, our service providers and agents harmless from and against any and all demands, actions, proceedings, liabilities, losses, costs (including attorneys fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) your use of this mobile deposit Service or our processing of checks in accordance with this Addendum; (b) your actions or omissions, including your breach of any representation or failure to comply with this Addendum; (c) your failure to comply with applicable state and federal laws and regulations; (d) actions by third parties, such as the introduction of a virus, that delay, alter or corrupt the transmission of images to us; or (e) any claim by a recipient of a substitute check corresponding to a check processed through this Service, that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the original check, or (ii) multiple payments with respect to the same original check, based on any combination of the original check, the substitute check and/or any paper or electronic copy of either.  This section shall survive the termination of this Addendum.
 
7.         No Warranties.  THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS.  NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE.  ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.  NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. 
 
8.         Hours of Operation; Service Unavailability.  You can access account information through the Service 24 hours a day, 7 days a week.  The information may not reflect recent or pending transactions.  There may be times when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and software provider.  We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction.  We assume no responsibility for any damage or delay that may result from such unavailability.  
 
9.         Discrepancies.  We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions.  You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments. 
 
            If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction.  We have no obligation to identify and investigate discrepancies between names and numbers.
 
10.       Other Terms.  Please see the Agreement for other terms relating to this Service (e.g., security procedures, dispute resolution, limitations on liability, indemnification, amendments, termination, and notices).