ONLINE BANKING AGREEMENT & DISCLOSURES

1 . Introduction. This Agreement is the contract which covers your and our rights and responsibilities concerning Rivermark Community Credit Union’s Online Banking services offered to you by Rivermark Community Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean those who request Online Banking access and any authorized users. The word "account" means any one or more share accounts you have with the Credit Union.

By using the Online Banking service, you agree to the following terms governing your and our rights and responsibilities concerning the Online Banking electronic funds transfer services. Electronic Funds Transfers ("EFTs") are electronically initiated transactions through Online Banking and Online Bill Pay transactions involving your deposit accounts.

2 . Online Banking Services . Upon approval, you may use your personal computer to access your accounts. You must use your Member Number along with your Password to access your accounts. The Online Banking service is accessible seven (7) days a week, 24 hours a day. However, from time to time, some or all of the Credit Union’s Online Banking services may not be available due to system maintenance. You will need a personal computer and a web browser (such as Netscape Navigator or Microsoft Internet Explorer). You are responsible for the installation, maintenance and operation of your computer and modem. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At the present time, you may use the Online Banking service to:

• Transfer funds between your savings, checking, money market and loan accounts.
• Review account balance and transaction history for savings, checking, money market, certificate, and IRA accounts and past statements of yours.
• Review information on your loan account including payment and payoff amounts, due dates, finance charges, interest rate, transaction history, and balance information and past statements of yours.
• Make bill payments from your checking account using the Online Bill Pay service.

Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit or loan account will be subject to your Loan Agreement and Disclosures, as applicable.

3 . Online Banking Service Limitations . The following limitations on Online Banking transactions may apply:

• Transfers. You may make funds transfers to your other accounts as often as you like. However, transfers from your Money Market Account will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits.
• Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy.
• E-Mail. You may use e-mail to send messages to us. E-mail may not, however, be used to initiate a transfer on your account or a stop payment request. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 5.
• Online Bill Pay. When you apply for the Online Bill Pay Service you must designate your Checking Account as the account from which payments that you authorize will be deducted. Contact us if you wish to designate more than one Checking Account as your authorized payment account. You will be given the ability to set up merchants, institutions or individuals that you would like to pay. You are not permitted to designate governmental agencies, courts, or “Cash” as payees. We reserve the right to not allow the designation of a particular merchant or institution.

You or any persons who you have authorized to use your Online Bill Pay Service, Online Banking Service, sign-on Password or any access key code can perform the following transactions:

• ( 1 ) Pay any designated merchant, institution or individual in accordance with this agreement a fixed recurring amount or a variable amount "on demand," from your designated Checking Account.
• ( 2 ) Obtain information (payee information, payment status information, etc.) about your Online Bill Pay account status.
• ( 3 ) Online Bill Pay Transactions. You authorize us to process bill payments from your designated account. You may use the Online Bill Pay service to initiate the following payment transactions:
  • "Future" payments are payments that you initiate in advance by setting the payment amount and due date. The payment can be canceled or changed through Online Bill Pay up until 6:00 p.m. (Pacific Time) on the Scheduled Debit Date.
  • "Recurring" payments are payments that are reoccurring on a fixed due date and fixed amount. You have an option in the Online Bill Pay system to set Automatic Payments to continue indefinitely or set a maturity date. The payment can be canceled or changed through Online Bill Pay up until 6:00 p.m. (Pacific Time) on the Scheduled Debit Date.
• ( 4 ) Authorized Payments. When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from your designated checking. We will process bill payment transfer requests only to those payees the Credit Union has designated in its User Instructions and such payees as you authorize and for whom the Credit Union has the proper payee code number. The Credit Union will not process any bill payment transfer if we know the required transaction information is incomplete. In any event, the Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for entering or knowing. If there are insufficient funds in your account to make the bill payment, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous.
• ( 5 ) Processing Payments. The Credit Union will initiate your bill payment transfer within one (1) business day of the date you schedule for payment. You will receive a confirmation number at the time of each transaction. You must have sufficient funds available to cover your payment on the Scheduled Payment Date. The dollar limit on any payment is your available balance up to $9,999.00.

Bill payments are delivered to the payee either electronically, which may take up to five business days from the Scheduled Payment Date, or by check to those payees not set up to accept electronic payments, which may take up to ten business days from the Scheduled Payment Date. It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions at least ten (10) business days before a bill is due. If you do not allow sufficient time, you assume full responsibility for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization.

• ( 6 ) Canceling or Changing Bill Payments. You may cancel or stop payment on Future and Recurring bill payments instructions under certain circumstances by following the instructions provided. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a bill payment that you have already scheduled for transmission through the Online Bill Pay service, you may electronically edit or cancel your payment request through the Online Bill Pay service. Your cancellation request must be entered and transmitted through the Online Bill Pay service before the 6:00 p.m. deadline on the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment.

If you wish to place an oral stop payment on a recurring bill payment transaction, not using the Online Bill Pay service, the Credit Union must receive your oral stop payment request at least three (3) business days before the Scheduled Payment Date. You may call the Credit Union at the telephone number set forth in Section 5 to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within 14 days after the call.

4 . Security of Password.

• Initial Access. To log on to our Online Banking Service for the initial sign on, you must change your Password by selecting the appropriate function from the User Options menu within the Online Banking Service.
• Security. The Password that you select is for your security purposes. The Password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your Password. You agree not to disclose or otherwise make your Password available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your Password, you understand that person may use the Online Banking service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your Password and you agree that the use of your Password will have the same effect as your signature authorizing transactions.
• Authorization. If you authorize anyone to use your Password in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your Password immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your Password is changed. If you fail to maintain or change the security of your Password and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.

5 . Member Liability . You are responsible for all transfers you authorize using the Online Banking services under this Agreement. If you permit other persons to use your Password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Password and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Online Banking transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows Online Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized EFT transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods.

If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

503-626-6600 or 1-800-452-8502

or write:

Rivermark Community Credit Union
P.O. Box 4044 , Beaverton , OR 97076-4044

6 . Business Days. Our business days are Monday through Friday. Holidays are not included.

7 . Fees and Charges. There is no charge for the Online Banking service at this time. The Online Bill Pay service is free with all of our Checking Accounts. From time to time, the charges may be changed. We will notify you of any changes as required by law.

8 . Transaction Documentation. Transfers and withdrawals transacted through Online Banking will be recorded on your periodic statement by mail or electronically if you have requested an electronic statement. You may request that your statement be provided electronically.

9 . Account Information Disclosure. We will maintain the confidentiality and privacy of your account information in accordance with our privacy policy as stated on our website at: www.rivermarkcu.org. However, we may disclose information to third parties about your Online Banking transfers you make in the following limited circumstances:

• As necessary to complete transfers;
• To verify the existence of sufficient funds to cover specific transactions upon the authorization request of a third party merchant;
• To comply with government agency or court orders;
• If you give us your express permission.

10 . Limitation of Liability for Online Banking Services. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, property damage or loss, whether caused by the equipment, software, Credit Union, or by Online browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online Banking services or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Online Banking Services and may have referred to such communication as "secured," we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The Credit Union will not be liable for the following:

• If, through no fault of ours, you do not have enough money in your account to make the transfer, if any funds in your account necessary to complete the transfer are held as uncollected funds or pursuant to our Funds Availability Policy, if your account is closed or inactive, or if the transaction involves a loan request exceeding your credit limit
• If you used the wrong Password or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and Online Bill Pay transactions
• If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have been apparent when you attempted such transaction.
• If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
• If the funds in your account are subject to an administrative hold, legal process or other claim, or if funds in your account are pledged as collateral or frozen because of a delinquent loan, overdrawn account, or suspected fraud.
• If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.
• If, through no fault of ours, a payment or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was insufficient; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
• If the error was caused by a system beyond the Credit Union’s control such as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by Credit Union.
• If there are other exceptions as established by the Credit Union.

11 . Termination of Online Banking Services. You agree that we may terminate this Agreement and your Online Banking services, if you, or any authorized user of your Online Banking services or Password breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your Accounts or Password or if you conduct or attempt to conduct any fraudulent, illegal or unlawful transaction, or if we reasonably believe your account conduct poses an undue risk of illegality or unlawfulness. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

12 . Notices . The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

13 . Statement Errors . In case of errors or questions about your Online Banking transactions, contact us by telephone at 503-626-6600 or 1-800-452-8502, or write us at the address set forth in Section 5, as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

• Tell us your name and account number.
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

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

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States ). If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not recredit your account.

If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members’ rights to privacy) relied upon to conclude that the error did not occur.

14 . Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Oregon as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Oregon law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.