MOBILE DEPOSIT USER AGREEMENT

This Mobile Deposit User Agreement ("Agreement", “Remote Deposit Anywhere’, “RDA”) contains the terms and conditions for the use of Anderson Brothers Bank’s Mobile Deposit services that Anderson Brothers Bank (‘ABB”, "bank", "us", "our", or "we") may provide to you ("you," or "User"). Other agreements you have entered into with Anderson Brothers Bank, as applicable to your Anderson Brothers Bank account(s), are incorporated by reference and made a part of this Agreement, including the Online Banking Agreement and Mobile Banking Agreement.
 
1. Services
Anderson Brothers Bank’s Mobile Deposit services ("Services" or “RDA”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other Mobile locations by capturing the image of a check and delivering the images and associated deposit information to Anderson Brothers Bank or our designated processor. Account qualifications for service access apply: Minimum 90 Days of satisfactory account history, account is in good standing, no excessive returns or no legal orders, levies or liens on account.
 
2. Acceptance of these Terms
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via e-mail, text message, or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, Anderson Brothers Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
 
3. Limitations of Service
When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our Online Banking or website to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
 
4. Hardware and Software
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Anderson Brothers Bank. Access devises are iPhone, iPad or Android devises. Anderson Brothers Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. MOBILE DEPOSIT is accessible only through your mobile device, your access to MOBILE DEPOSIT maybe limited by the service provided or your telecommunications carrier. Anderson Brothers Bank does not provide internet or cellular connectivity or the devices associated with the use of this service.
 
5. Fees
Anderson Brothers Bank currently has no fees for this service and reserves the right charge fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize Anderson Brothers Bank to deduct such fees from the same bank account as your mobile deposit.
 
6. Eligible items
You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Anderson Brothers Bank is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
 
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
 
• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or        otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all payees and given same authority (or, and, POA, or for the benefit    of)
• Checks previously converted to a substitute check, as defined in Reg. CC.
• Checks drawn on a financial institution located outside the United States.
• Checks that are Mobile created checks, as defined in Reg. CC.
• Checks not payable in United States currency.
• Checks dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by the bank's current procedures relating to the services or which are otherwise not acceptable under the terms of your account.
• Checks with any endorsement on the back other than that specified in this agreement.
• Checks that have previously been submitted through the Service or through a Mobile deposit capture service offered at any other financial institution.
• Checks that have previously been deposited or negotiated in any way via any method at ABB or any other financial institution.
• Checks written from any account of which you are a primary or joint owner at ABB or another financial institution.
• Money Orders and Travelers Checks.
• Starter or counter checks.
• Savings Bonds or Non-Negotiable items
• Checks that require authorization (eg. Rapid Refund)
• Checks from another financial institution on a closed account or have nonsufficient funds.
• Tax Refunds
• Checks issued by the United States Treasury Department and State Government

7. Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Services as "For Mobile Deposit Only" or as otherwise instructed by Anderson Brothers Bank. You agree to follow any and all other procedures and instructions for use of the Services as Anderson Brothers Bank may establish from time to time.
 
8. Receipt of Items
We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Anderson Brothers Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
 
9. Availability of Funds
Funds may not be available for immediate withdrawal. Our Policy is to make funds from your check deposits available to you on the first business day after the day we receive your deposit. You agree that items transmitted using the Mobile Deposit Service is not subject to the funds availability requirement of the Federal Reserve Board Regulation CC.
In general, if an image of an item you transmit through the MOBILE DEPOSIT Service is received and accepted before 5:00 p.m. EST on a business day that we are open we consider that date to be the day of your deposit. For determining the availability of your deposit, every day we are open is a business day except Saturdays, Sundays and Federal Holidays. However, if you make a deposit after 5:00 p.m. EST or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Availability of funds deposited using the MOBILE DEPOSIT Service may be delayed for a longer period under certain circumstances. Funds are posted to your account but are not immediately available to cover debits or withdrawals.
 
10. Disposal of Transmitted Items
Upon your receipt of a confirmation from Anderson Brothers Bank that we have received an image that you have transmitted, you agree to prominently mark the item as "Electronically Presented", "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. You agree never to re-present the item. You agree to retain the check for at least 90 calendar days from the date of the image transmission. After 90 days, you agree to destroy the check that you transmitted. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to Anderson Brothers Bank.
 
11. Deposit Limits
We reserve the right to and may establish limits on the dollar amount and/or number of items or deposits 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 Agreement, and we will not be obligated to allow such a deposit at other times. * Standard daily limits are five (5) items or $1,500.00 and monthly limits of twenty (20) items or $3,000. (Business purpose accounts daily limits are three (3) items or $5,000.00 and monthly limits of ten (10) items or $20,000.00)
 
12. Presentment
The manner in which the items are cleared, presented for payment, and collected shall be in Anderson Brothers Bank's sole discretion subject to the agreements governing your account.
 
13. Errors
You agree to notify Anderson Brothers Bank of any suspected errors regarding items deposited through the Services immediately, and in no event later than 30 days after the applicable Anderson Brothers Bank account statement is sent. Unless you notify Anderson Brothers Bank within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Anderson Brothers Bank for such alleged error.
14. Errors in Transmission
By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. Anderson Brothers Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
 
15. Image Quality
The image of an item transmitted to Anderson Brothers Bank using the Services must be legible, as determined in the sole discretion of Anderson Brothers Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Anderson Brothers Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
 
16. User Warranties and Indemnification
You warrant to Anderson Brothers Bank that:
• You will only transmit eligible items.
• You will not transmit duplicate items.
• You will not re-deposit or re-present the original item.
• All information you provide to Anderson Brothers Bank is accurate and true.
• You will comply with this Agreement and all applicable rules, laws, and regulations.
• You are not aware of any factor which may impair the collectability of the item.
• You agree to indemnify and hold harmless Anderson Brothers Bank from any loss for breach of this warranty provision.
 
17. Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

18. Termination
We may terminate this Agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your account agreement or satisfactory account management with us.
Each of the following is unsatisfactory account management:
• Any of your accounts are not current or not in good standing.
• You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any deposit account during the current month or 3 prior calendar months.
• You have had any deposit items returned for account closed, previously presented, stopped payments, or any similar reason.
 
19. Enforceability
We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
 
20. Ownership & License
You agree that Anderson Brothers Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Anderson Brothers Bank's business interest, or to Anderson Brothers Bank's actual or potential economic disadvantage in any aspect. You may use the Services only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
 
21. DISCLAIMER OF WARRANTIES:
YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
 
22. LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANDERSON BROTHERS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
 
For assistance with MOBILE DEPOSIT, please visit www.abbank.com to contact us, find our locations, or call Anderson Brothers Bank Customer Service Center at 888-668-7535 option #3.
Anderson Brothers Bank maintains the right to contact you via your Mobile Device as a means to relay important account information or information about the use of MOBILE DEPOSIT for as long as you are enrolled in Mobile Banking or Mobile Deposit.