Disclosures

Edgewater Bank's Consumer Internet Banking Terms and Conditions Agreement

This Agreement describes your rights and obligations as a user of the On-line Banking Service or the Bill Payment Service ("Service" or "Services"). It also describes the rights and obligations of Edgewater Bank. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.

Customer Disclosure And Agreement To Receive Electronic Communications

By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Edgewater Bank for the provision of certain On-line Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.

You are also acknowledging receipt of the following information and agree that:

  • We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
  • We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. You may print and retain a copy of the Agreement or any information provided to you in relation to the Service. Upon written request signed by you, we will provide these documents in paper format.
  • If you wish to terminate the Services, or to update your information such as a change of address, or email address, you may write a letter and send it to:
  • Edgewater Bank
    Attention: Retail Operations Department
    321 Main Street, PO Box 146
    Saint Joseph, MI 49085-0146
  • You are able to access information that is provided in the same manner as the information and the Services via the internet.

Definitions

The following definitions apply in this Agreement.

"On-line Banking" is the internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.

"On-line Account" is an Edgewater Bank account from which you will be conducting transactions using our Service.

"Business Day" refers to Monday through Friday, 8:00 a.m. to 4:00 p.m. EST, excluding holidays as determined by Edgewater Bank. All On-line transaction requests received after the Business Day, or on a non-Business Day, will be processed immediately, but will not post to accounts until the following Business Day after checks processed during nightly processing.

"Password" is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to the Service. Edgewater Bank will provide you with a code for use during the initial sign-on process.

"Payment Initiation Date" is the date you enter into On-line Banking when setting up a bill payment.

"Time of day" references are to Eastern Standard Time.

"We," "us," "our," or "Bank" refer to Edgewater Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.

Access to Services

Edgewater Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.

Hour of Operation

The Services are generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between Midnight to 6:00 am EST Thursday, and Midnight to 6:00 am EST Monday.

For purposes of transactions, Edgewater Bank business days are Monday through Friday, excluding holidays as determined by us. All online banking transaction requests received after 4:00 p.m. on business days, and all transactions which are requested on Saturdays, Sundays, or Federal holidays, will be processed on the next business day. All references to time in this document are Eastern Standard Time (EST).

Use of Your Security Password

The safety of our customers' accounts and account information is of paramount importance to Edgewater Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Edgewater Bank User-ID, up to the limits allowed by applicable law. While the Bank continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Edgewater Bank representative will ever call and ask for your Access ID or User Password.

If Your Password Has Been Lost or Stolen

If your Password has been lost or stolen, call Edgewater Bank immediately at:

Telephone:
800-922-5221 (toll-free)
269-982-4175 (locally)

Hours of Operation:
8:00 a.m. to 5:00 p.m. EST
Monday through Friday

Telephoning Edgewater Bank is the best way of minimizing your losses.

You may also restore the security of your Service by immediately changing your Password.

If you believe your Password has been lost or stolen and you notify us within two (2) Business Days after you learn of the loss or theft, you will not lose any money if someone uses your Password to conduct unauthorized electronic funds transfers without your permission.

If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.

Banking Transactions with Online Banking

In addition to viewing account information, you may use On-line Banking to conduct the following transactions:

Transfer funds among your linked checking, savings, and money market accounts. Note: Because regulations require Edgewater Bank to limit pre-authorized transfers (including On-line Banking transfers), the following day limitations apply:

Statement Savings Account: You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by telephone or On-line Banking.

Money Market Savings Account: You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or On-line Banking, and no more than three (3) of these may be by check, draft or debit card.

Make mortgage and line of credit payments, including extra on principal payments.

There are no fees for accessing your account(s) through Online Banking. Other fees, such as transaction limitation fees, may apply to services conducted through Online Banking. Please refer to the Account Disclosures that you received when you opened your account with us.

New services may be introduced for On-line Banking from time to time. Edgewater Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

Documentation and Verification of Payments/Transfers

  1. Confirmations
    Upon completion of an on-line banking transaction, a confirmation will be electronically provided. We recommend that you print the transaction results for verification purposes. You should record this information in your checkbook register as a permanent record of the transaction. This will help in resolving any problems that may occur.
  2. Periodic Statements
    Information concerning on-line banking transactions will be shown on your normal statement for the account to and from which transfers or payments are made. If you have a checking or money market account, you will receive a monthly statement. If you have a savings account, you will receive a statement during months with electronic funds activity or quarterly if there is no such activity.

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE

If your statement shows transfers that you did not make, notify Edgewater Bank immediately toll-free at 800-922-5221 or locally at 269-982-4175, or write a letter and send it to:

Edgewater Bank
Attention: Retail Operations Department
321 Main Street, PO Box 146
Saint Joseph, MI 49085-0146

If you do not notify Edgewater Bank within sixty (60) days after the statement was mailed to you or electronically received by you, you may not recover any money lost after the sixty (60) days which would not have been lost if Edgewater Bank had been notified in time.

Errors and Questions

In case of errors or questions regarding an On-line Banking or Bill Payment transaction, you may call Edgewater Bank toll-free at 800-922-5221 or locally at 269-982-4175, or write a letter and send it to:

Edgewater Bank
Attention: Retail Operations Department
321 Main Street, PO Box 146
Saint Joseph, MI 49085-0146

We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared.

We will need:

  • Your name and account number.
  • A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
  • The dollar amount of the suspected error.
  • The date on which it occurred.
  • If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
  • If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are twenty (20) Business Days in place of ten (10) Business Days and ninety (90) calendar days in place of forty-five (45) calendar days.
  • If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
  • You agree that Edgewater Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Edgewater Bank shall be considered received within three (3) Business Days of the date sent by the Bank, regardless of whether or not you sign on to the Service within that time frame.

Limit of Edgewater Bank's Responsibility and Other Providers Responsibility

Edgewater Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. The Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the Bank has no direct control. This includes, but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Edgewater Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from Edgewater Bank, or other information providers, is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decisions made using this information.

Neither Edgewater Bank, nor other information providers, is responsible for any fees incurred for internet access, or for any computer virus or related problems that may be attributable to services provided by any internet access service provider.

Neither Edgewater Bank, nor other information providers, is responsible for any computer virus or related problems which may be attributable to services provided by any Internet Service Provider. You are responsible for obtaining, installing, maintaining, and/or operating all computer hardware and software necessary for performing On-line Banking. Edgewater Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of Edgewater Bank's liability shall be as expressly set forth herein. Under no circumstances will the Bank be liable in contract, tort, or otherwise, for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

Edgewater Bank's Responsibility

Edgewater Bank will be responsible for your actual losses if they were directly caused by our failure to:

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested.

However, we will not be responsible for your losses if:

  • Through no fault of the Bank, you do not have enough money in your account to make the transfer.
  • Through no fault of the Bank, the transaction would have caused you to exceed your available credit.
  • Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  • Your funds are subject to legal process or other encumbrance restricting the transfer.
  • Your transfer authorization terminates by operation of law.
    • You believe someone has accessed your accounts without your permission and you fail to notify Edgewater Bank immediately.
  • You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer, or the Payee refuses the Service.
  • For the failure of any payee to correctly account for or credit the payment in a timely manner.
  • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • For changes to the payee's address or account number (unless you have advised us of the change within three (3) Business Days in advance).
  • We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Electronic Mail (eMail)

If you send Edgewater Bank an electronic mail message through the Service, the Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.

You should not rely on electronic mail if you need to communicate with Edgewater Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that Edgewater Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by the Bank shall be considered received within three (3) days of the date sent by the Bank, regardless of whether or not you sign on to the Service within that time frame.

Alerts/Messages

Internet Banking alerts allow you to set up automated alert events based on your own criteria to be alerted upon. Alerts may be sent via email or in an online message box within Internet Banking, or both. Email alerts will be sent to the email address you provide in creating the alert.

The Bank may add or remove types of alerts from time to time.

If you change your email address you are responsible for changing this in the alerts you have already set up.

You agree that alerts may be delayed or prevented for a variety of reasons.

We do not guarantee the delivery or validity of the contents of any alert.

You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.

You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.

The Bank will never include your password or full account number in an email alert; however you understand that alerts may include your name and some information about your accounts.

Unfulfilled events (events that do not happen) will only remain on the system for 999 days. You will not be notified when they are removed.

Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.

Other Agreements

In addition to this Agreement, you and Edgewater Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the On-line Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Edgewater Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.

Modifications to This Agreement

Edgewater Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

Disclosure of Information to Third Parties/Privacy Policy

A copy of Edgewater Bank's Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling Edgewater Bank toll-free at 800-922-5221 or locally at 269-982-4175, or writing a letter and sending it to:

Edgewater Bank
Attention: Retail Operations Department
321 Main Street, PO Box 146
Saint Joseph, MI 49085-0146

Inactivity/Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your On-line Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service, we may close your internet access if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the On-line Banking and/or Bill Payment Service, you must notify Edgewater Bank. Your notification should include your name, address and the effective date to stop the service(s). When Bill Payment is terminated, any pre-scheduled bill payments made through On-line Banking will also be terminated. If there is a fee associated with your Bill Payment Service, your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:

  • By initiating a customer inquiry through our Web site
  • By calling toll-free 800-922-5221 or locally 269-982-4175]
  • By writing a letter and either sending it to:

Edgewater Bank
Attention: Retail Operations Department
321 Main Street, PO Box 146
Saint Joseph, MI 49085-0146

Governing Law

This Agreement is governed by the laws of the State of Michigan and applicable federal law(s).

Fee Schedule

Edgewater Bank offers the benefits and convenience of the On-line Banking service to you at no monthly charge. Account research, stop payment charges and Bill Pay Services will be assessed at the rates published in Edgewater Bank's Fee Schedule and deducted from your Bill Pay Account or another account you hold at the Bank.

These fees are subject to change. Edgewater Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

A Stop Payment charge of $30.00 will be incurred and deducted from your account when you generate this transaction through Internet Banking. An insufficient funds charge of $30.00 will be incurred on all bill payment transfers processing as a Non Sufficient Funds transaction and will be deducted from your account. If you are approved for Bill Pay Services, this service is offered free of charge, unless it remains inactive for three (3) months. After the third month of inactivity, we may charge a monthly fee of $4.95 for this service assessed to your account or close your Bill Pay Service. These fees are subject to change. We will notify you in writing regarding any fee changes at least thirty (30) calendar days in advance of the effective date of these changes.

By clicking on the "ACCEPT" button below, you are agreeing that you have received and understand this Agreement and Disclosures and will be bound by all the terms and conditions of this Agreement just as if you have signed this Agreement.

If you DO NOT agree to be bound by the terms of this Agreement, you understand that you should not click the "Accept" button and that you should not use Edgewater Bank On-Line Banking Services.

Consumer Mobile Deposit Terms & Conditions

Edgewater Bank Mobile Deposit Addendum (“Addendum”) To Online Internet Banking Agreement and Disclosure (“OBA”) For Edgewater Bank Online Services.

This Addendum is effective March 9, 2015. Your use of the Edgewater Bank Mobile Deposit Service is governed by the terms of the OBA and this Addendum. (You may review the OBA by logging into your online account.) If we make changes to this Addendum, we will update the Addendum on our website. We will notify you of changes as specified in the OBA.

Your enrollment in the Edgewater Bank Mobile Deposit Service constitutes your agreement with the terms of the OBA and this Addendum. Terms used herein but not defined shall have the meaning assigned to them in the OBA. You acknowledge that you have read this Addendum and will retain a copy for your records.

In this Addendum, the words "you" and "your" refer to you as the person or business entity entering into this Addendum. The words “you” and “your” also include any user you authorize to use the Edgewater Bank Mobile Deposit Service on your behalf. The words "we," "us," and "our" refer to Edgewater Bank.

Edgewater Bank Mobile Deposit Service

A. Description of the Edgewater Bank Mobile Deposit Service. The Service enables you to use a Edgewater Bank Mobile Banking application and certain hardware (such as a smartphone or other mobile device) approved by us to (i) create electronic images of the front and back of certain Paper Items1 and (ii) transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with this Addendum. “Electronic Item” means the electronic image of each Paper Item and other information captured from the Paper Item. After we receive your transmission, we will review each Electronic Item. For each Electronic Item that we determine is eligible for processing as described below, we will:

1. create a substitute check that we will present directly or indirectly to the bank (a) on which the original Paper Item to which the Electronic Item relates is drawn, or (b) at or through which the Paper Item is payable (each, the “Paying Bank”);
2. include the Electronic Item in an electronic file for presentment directly or indirectly to the Paying Bank; or
3. present or post any Electronic Item for which we are the Paying Bank.

B. Qualification. In order to enroll in the Service, you must be designated as an authorized signer or owner of a Edgewater Bank Account (the “Account”) that is eligible for this Service, and be approved by Edgewater Bank.

C. Conditions to Provision of the Service. As conditions to Bank’s provision of the Service, you shall (a) maintain the Account in good standing, (b) subscribe to Edgewater Bank Online Service, and (c) comply with such restrictions on the Service as we may communicate to you from time to time.

D. Fees. The Service is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. If we exercise our option to impose fees we will debit the fee from the associated deposit account (Your “Billing Account”). Any applicable fees for the Service may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the Billing Account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.

E. Creating and Transmitting Electronic Items to Edgewater Bank. You shall use hardware approved by Edgewater Bank, and the Edgewater Bank Online Service to create electronic images of checks and other Paper Items that you wish to deposit to your Account by means of the Service, and to transmit your Electronic Items to us. The following items may not be deposited through the Service: international checks, checks drawn against a line of credit, or cash. Except as noted in the preceding sentence, only checks, money orders, cashier’s checks, or traveler’s checks, drawn on or payable at or through a U.S. bank, can be transmitted through the Service. Additionally, only Items that are made payable to, and endorsed by, you may be transmitted through the Service.

F. Processing Your Electronic Item(s). If you transmit your Electronic Item(s) to Edgewater Bank before the Cut-Off Time3 on any Business Day2, we shall review and process your Electronic Item(s) on that Business Day. If you transmit your Electronic Item(s) to us after the Cut-Off Time on any Business Day, we shall review and process your Electronic Item(s) on the next Business Day. Your Electronic Item(s) is deemed to have been received by the Bank when the Service generates a confirmation message.

G. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Addendum, and we will not be obligated to allow such deposits at other times. The current daily dollar limit is $1,500. Daily and monthly deposit dollar and number limits may vary and are subject to change at our discretion.

H. Exception Items. Each Business Day on which we review and process your Electronic Item(s), we will use commercially reasonable efforts to review each Electronic Item and to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service (each, an “Exception Item”). “Exception Item” includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine readable, (b) is not endorsed as set forth in this Addendum, (c) exceeds the limits as set forth in this Addendum, (d) was previously processed as an Electronic Item, or (e) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States. We will notify you of each Exception Item through the email address associated with your Edgewater Bank Online Service, or other communication channels at our discretion. If you wish to attempt to deposit any Exception Item to your Account, you shall do so only by depositing the original Paper Item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Item as an Exception Item when we review and process the Electronic Item to which the Exception Item relates, the Electronic Item, substitute check, or the purported substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to Edgewater Bank under Paragraph K.

I. Deposits to the Account. Subject to our right to identify and reject Exception Items, we shall be deemed to have accepted each Electronic Item that is not an Exception Item for deposit to the Account on the Business Day that we process the Electronic Item, provided its transmission to us is prior to the Cut-Off Time. In addition, an Electronic Item will be deemed to have been deposited at the office where the Account is maintained.

J. Security Procedures. Any individual authorized by you to access the Service (a “User”) shall do so by entering an Online Banking ID and a PIN, or other unique identifier that may be required (collectively referred to herein as “Security Credentials”). No person employed by Edgewater Bank shall have access to all pieces of your Security Credentials you or your Users create. From time to time, we may require you to use additional security and authentication procedures, as specified in the OBA.

K. Your Warranties to Edgewater Bank. You represent and warrant to Edgewater Bank that:
FAILURE TO PROTECT YOUR HARDWARE AND SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS THE SERVICE AND TRANSMIT AN ELECTRONIC ITEM FOR DEPOSIT. ALL USES OF THE SERVICE THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO (i) EXERCISE RESPONSIBLE BEHAVIOR WHEN USING THE SERVICE, (ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT EDGEWATER BANK PROVIDES YOU WITH RESPECT TO THE SERVICE AND (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS. YOU AGREE TO NOTIFY EDGEWATER BANK IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR SECURITY CREDENTIALS.

K.1. You will use the Service only for Paper Items that are payable to, and endorsed by, you.
K.2. You will properly secure all hardware you use in connection with the Service (including, but not limited to, securing the hardware with Security Credentials to prevent unauthorized use). You will maintain control over and be responsible for secure retention, storage, and destruction of original Paper Items for which you have created an Electronic Item. After transmitting the Electronic Item to us, you will retain the original Paper Items for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days, from the transmission date (“Retention Period”). You will retain and store the original Paper Items in a secure location. During the Retention Period and upon our request, you agree to provide us with the original Paper Item(s). Once the Retention Period has expired, you will securely and irretrievably destroy original Paper Items from which you have previously created and submitted to us an Electronic Item.
K.3. You will not submit any duplicate Electronic Items to us.
K.4. You will not deposit to your Account or otherwise negotiate any original Paper Item from which you have previously created and submitted to us an Electronic Item, unless we have notified you that the Electronic Item is an Exception Item.
K.5. You will transmit to us only Electronic Items that are suitable for processing, including, but not limited to, Electronic Items that are legible and contain machine-readable MICR data.
K.6. You will review and verify for accuracy the information contained in the Electronic Item(s) before you transmit it to us.
K.7. You will only transmit Electronic Item(s) that are drawn on or payable at or through banks located within the United States.
K.8. You will not store or make a back-up copy of the Electronic Item(s).
K.9. Any User of the Service is at least 18 years of age.
K.10. You will endorse the item(s) with appropriate signature(s) and include “For Deposit Only xxxx” where xxxx represents the depository account number of the account you intend to deposit the item(s).

L. Your Agreement to Indemnify Edgewater Bank. You will indemnify, defend, and save harmless Edgewater Bank, its parent company and its affiliates and each of their respective directors, officers, employees, and agents (collectively in this Paragraph L, “Indemnitees”) from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, "Losses and Liabilities") by Indemnitees arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct):

M.1. Any negligent or intentional act or omission by you in the performance of your obligations under this Addendum, including, but not limited to, (i) duplicate scanning of the same original Paper Item, (ii) transmission of duplicate Electronic Items, (iii) calculation errors of deposit totals, (iv) numerical errors on deposit data entry, and (v) fraudulent or unauthorized use of your hardware or Security Credentials.
M.2. Any material breach in a representation, warranty, covenant, or obligation of you contained in this Addendum;
M.3. The violation of any applicable law, statute, or regulation in the performance of your obligations under this Addendum;
M.4. Edgewater Bank acting as a "reconverting bank" under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using an Electronic Item or an illegible Electronic Item;
M.5. Our presenting to Paying Bank an Electronic Item for payment; and
M.6. Your failure to (i) securely maintain your hardware or the original Paper Items, or (ii) properly and timely dispose of original Paper Items in accordance with Paragraph K.2, in which event such Losses and Liabilities shall include without limitation consequential damages. This Paragraph M shall survive the termination of the Service.

N. Termination. You or we may terminate the Service at any time.

O. Entire Agreement; Conflicting Terms. This Addendum forms part of and is incorporated by reference into the OBA. Except as amended by this Addendum, the OBA remains in full force and effect. In the event of any conflict between this Addendum and the OBA, this Addendum shall govern with respect to the Service.

P. Funds Availability. Your funds will be made available as described in our Funds Availability Disclosure that you received at account opening or in a subsequent mailing.

Q. If you notice an error on your account at any time, consult our Error Resolution procedures as found on the back of your periodic statement.

1. A “Paper Item” is an Item that is in paper form. For purposes of this Addendum, an “Item” includes a check, a substitute check, purported substitute check, draft, demand draft, preauthorized draft, image replacement document, money order, cashier’s check or traveler’s check.
2. A “Business Day” is every day except Saturdays, Sundays, and federal holidays.
3. “Cut-Off Time” is 4:00 pm eastern time of every business day.

Community Reinvestment Act Notice

Under the Federal Community Reinvestment Act (CRA), the Federal Deposit Insurance Corporation (FDIC) evaluates our record of helping to meet the credit needs of this community consistent with safe and sound operations. The FDIC also takes this record into account when deciding on certain applications submitted by us.

Your involvement is encouraged.

You are entitled to certain information about our operations and our performance under the CRA. You may review today the public section of our most recent CRA evaluation, prepared by the FDIC, and a list of services provided at this branch. You may also have access to the following additional information, which we will make available to you at this branch within five calendar days after you make a request to us: (1) A map showing the assessment area containing this branch, which is the area in which the FDIC evaluates our CRA performance in this community; (2) information about our branches in this assessment area; (3) a list of services we provide at those locations; (4) data on our lending performance in this assessment area; and (5) copies of all written comments received by us that specifically relate to our CRA performance in this assessment area, and any responses we have made to those comments. If we are operating under an approved strategic plan, you may also have access to a copy of the plan.

If you would like to review information about our CRA performance in other communities served by us, the public file for our entire bank is available at our Main Office, located at 321 Main Street, St. Joseph, Michigan, 49085.

At least 30 days before the beginning of each quarter, the FDIC publishes a nationwide list of the banks that are scheduled for CRA examination in that quarter.  This list is available from the Regional Director, FDIC, 300 South Riverside Plaza, Suite 1700, Chicago, Illinois, 60606.  You may send written comments about our performance in helping to meet community credit needs to Richard E. Dyer, President & CEO, 321 Main Street, P.O. Box 146, St. Joseph, Michigan, 49085; and FDIC Regional Director. You may also submit comments electronically through the FDIC’s web site at www.fdic.gov/regulations/cra.  Your letter, together with any response by us, will be considered by the FDIC in evaluating our CRA performance and may be made public.

You may ask to look at any comments received by the FDIC Regional Director. You may also request from the FDIC Regional Director an announcement of our applications covered by the CRA filed with the FDIC.

Home Mortgage Disclosure Act Notice

The HMDA data about our residential mortgage lending are available online for review. The data show geographic distribution of loans and applications; ethnicity, race, sex, age, and income of applicants and borrowers; and information about loan approvals and denials. These data are available online at the Consumer Financial Protection Bureau’s Web Site (www.consumerfinance.gov/hmda). HMDA data for many other financial institutions are also available at this Web Site.

Special note regarding HMDA data for years prior to 2017: Inquire at this office regarding the locations where HMDA data may be inspected.

To receive a copy of this data, please send a written request to:

Edgewater Bank
321 Main Street
P.O. Box 146
St. Joseph, MI 49085

Important Information About Procedures for Opening a New Account

To help the government fight the funding of terrorist 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 you for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

 

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