Terms of Use

Please read the following terms and conditions carefully. This Online Banking Agreement and Disclosures (“Agreement”) contains terms and conditions governing use of online banking services known as Online Banking Services ("Online Banking Services"). If you are using Online Banking Services solely for business purposes, certain provisions of this Agreement will not apply to you because such provisions only apply to Ciera Bank customers who establish accounts primarily for personal, family or household purposes ("Consumer Customers"). Online Banking Services provides access to your Deposit Account(s), and any other Bank accounts via the Internet, and, for certain Online Banking Services, via a Mobile Device that allows text messaging, a mobile phone, mobile device, or wearable device equipped with an Internet web browser. This Agreement also includes certain disclosures required by the Electronic Funds Transfer Act ("Act") and Consumer Financial Protection Bureau (“Bureau”) Regulation E regarding Consumer Customer Deposit Accounts. These Provisions apply to you if you are a Consumer Customer. By accepting this Agreement, you also understand you may be given an option to receive all the disclosures required pursuant to the Act or Regulation E in electronic form.

1. Review and Acceptance of Agreement

By utilizing Ciera Bank’s Online Banking Services, you agree to the terms and conditions stated below and all terms, conditions and disclosures provided to you regarding these services and your Deposit Account(s). You agree to have a legal and/or moral obligation by these terms and conditions and accept them in full. These terms may be modified by Ciera Bank at its discretion, and such notification will be posted to the Bank’s website. The Bank recommends that you print a copy of this Agreement for your records.

2. Relation to Other Ciera Bank Agreements

My Deposit Account(s), Loan Account(s) or any other accounts accessed through Online Banking Services continue to be governed by any applicable depository, loan, or other agreement. you understand that your execution of this Agreement does not alter any terms and conditions of other agreements governing your Bank accounts unless expressly altered herein. In addition, the use of the Website is governed by the "Terms and Conditions of Use" for the Ciera Bank Site (“Ciera Bank Site” is defined below). The Ciera Bank Privacy Policy Notice provides the information required under the Bureau’s Regulation P concerning customer privacy, and you understand that Bank may initiate communications to you via mail, email, and short message service ("SMS") text messaging for any purpose within the limits of Bank’s Privacy Policy Notice and this Agreement. You understand that these agreements and statements are available for your review at www.cierabank.com, and you acknowledge that you should read and understand these related agreements and statements before you use Online Banking Services.

3. Compliance with All Laws

YOU AGREE NOT TO USE ONLINE BANKING SERVICES TO INITIATE ANY TRANSACTIONS THAT VIOLATE ANY LAWS OF THE STATE OF TEXAS OR THE UNITED STATES. You understand that it is your responsibility to use Online Banking Services in compliance with all applicable laws, rules and regulations, including, without limitation, any export controls, including, but not limited to your responsibility to comply with control by the United States of the export of products and information containing encryption technology. You acknowledge and agree that you must comply with such export control laws, and you agree not to export or re-export any encryption technology related to or within Online Banking Services to countries or persons prohibited under applicable law. By using the Online Banking Services, you represent that you are not in a country where such export is prohibited. This paragraph shall not be construed to mean, and Bank hereby disclaims any such representation, that any content or use of the Online Banking Services is appropriate or available for use in locations outside of the United States. Accessing the Online Banking Services from locations where its contents or use is illegal is prohibited by Bank. If you choose to access the Online Banking Services from locations outside the United States, you understand that you do so at your own risk and that you are responsible for compliance with any applicable local laws.

4. Definitions

In addition to those terms defined within the body of this Agreement, the terms listed below have defined meanings for the purposes of this Agreement:

"Account(s)" means the checking, savings, money market, certificates of deposit, and/or individual retirement accounts that you have established at Bank.

"Available Balance" means the balance in your Deposit Account after deducting (1) deposits that are not yet eligible for withdrawal under Ciera Bank’s funds availability rules, (2) debit card or other transactions that Ciera Bank is legally obligated to pay or has already paid out in cash, (3) other pending transactions such as Automated Clearing House ("ACH") transactions, (4) any funds that are subject to final payment, and (5) any holds on your Deposit Account, such as holds on funds to comply with court orders or other legal requirements.

"Bank" and "Ciera Bank" is the depository institution holding your accounts accessed and providing Online Banking Services under this Agreement.

"Bill Payment Services," "Bill Payment," or "Payment(s)" means the online or mobile services by which you direct Bank to debit your account(s) and transfer funds to a Payee.

"Business Day(s)" means any day excluding Saturday, Sunday, and legal Bank holidays. All times specified herein shall reflect Central Time.

"Check" means any written order to pay a specific amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. If a check is sent or returned as an electronic image or as a Substitute Check, it is still considered a check.

"Consumer Customer" means a natural person who establishes a Deposit, Loan, or other Account primarily for personal, family, or household purposes.

"Debit Card" refers to your Ciera Bank ATM Card, Personal Debit Card, Health Savings Account Debit Card, or Business Debit Card.

"Deposit Account(s)" means the checking, savings, money market, certificates of deposit, and/or individual retirement accounts that you have established at Bank.

"Electronic Funds Transfer" or "Transfer" means any transfer of funds initiated through Online Banking Services for the purpose of ordering, instructing, or authorizing Bank to debit or credit any of your Deposit Account(s).

"Loan Account(s)" means any loan or line-of-credit accounts that you have with Bank.

"Mobile Banking Services" means the Online Banking Service that allows you to perform certain of the Online Banking Services as described below via your Mobile Device.

"Mobile Device" means a mobile telephone, tablet, wearable device, or other mobile device capable of sending and receiving SMS text messages and/or accessing the Internet via a web browser.

"Online Banking Services" means the online banking services provided to customers by Bank.

"Payee" means any individual, business, or other entity that you designate for transfer of funds or Bill Payment, and who Bank accepts as Payee.

"Schedule" refers to any document specifying rates, fees or transaction limits pertaining to the Account in question, including, but not limited to, a Truth in Savings, Time Certificate of Deposit, Confirmation of Time Deposit, or any schedule setting forth Ciera Bank fees, limits, or both.

"Site" or "Website" means the Ciera Bank website located at www.cierabank.com.

"Substitute Check" means a paper reproduction of an original check with an accurate, legible image of the front and back of the original check, and that conforms to standards established by the Federal Reserve Board.

"Transaction(s)" means any action you initiate, request or conduct using Online Banking Services, including but not limited to any Electronic Funds Transfers.

"You," and "your," refers to each Ciera Bank Account holder and to each person who uses Online Banking Services for that account with the Account holder’s permission.

“We,” “us,” “our,” and “Bank” refer to Ciera Bank.

Additional definitions regarding Mobile Deposit terms are contained in Mobile Deposits section below.

5. Description of Online Banking Services

Ciera Bank Online Banking Services may include, but are not limited to:

• Verifying Account balances

• Reviewing transactions

• Viewing and downloading account statements and notices,

• Viewing and downloading copies of cleared checks,

• Making internal funds transfers

• Making loan payments

• Scheduling bill payments

• Placing stop payments

• Receiving account alerts

• Sending Money with Zelle®

• Other additional services

6. Security and Passwords; Additional Security Issues Regarding Internet Email and Mobile Banking Communications

Ciera Bank is committed to protecting the security and confidentiality of our customer information. Our Online Banking product uses state-of-the-art technology to ensure this security. We use several different methods to protect your account information:

• You can only access Online Banking with certain browsers that have a high security standard.

• You must have a valid User ID and password to sign in.

• You will automatically be logged out if your session is inactive for an extended period of time.

7. Password Responsibility

You are solely responsible for maintaining your password secrecy. Any person(s) to whom you give your User ID and password will be considered by us to be an authorized user. You agree to notify us immediately if you believe your password has been compromised. You may change your password at any time. For your protection, we suggest you memorize your password and do not write it down. A properly constructed password affords you a greater degree of security. A password is more secure if it contains more characters, a combination of alpha and numeric characters, and the use of symbols.

Passwords must be 9-17 characters containing at least one upper case letter, at least one lower case letter, at least one number, and at least one special character. Password requirements may change at any time.

Never leave your account information displayed in an area accessible by others. Never leave your PC unattended while using Online Banking. Always log out after you have completed your business. To assist us in maintaining the security of your accounts, we may revoke or cancel your password at any time without giving you prior notice.

8. Hardware and Software Requirements

To use the Online Banking Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Bank. Bank is not responsible for any third-party software you may need to use the Online Banking Service. 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 the time of download and installation. 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).

9. Online Banking Services Hours and Availability

Online Banking Services are available 24 hours a day, 365 days a year.

10. Bill Payment Services

You may schedule current, future, or recurring payments to a person or business in the United States through Bill Pay.

You may not use Bill Pay to make payments to payees outside the United States or U.S. Territories. Information for each payee may be maintained by accessing the Payee List. You must enter the payee name, address, telephone number, your account number with them, and the account you want to be debited for the payment. You are solely responsible for maintaining the current address and account number of each Payee that you designate.

By originating a payment request, you authorize us to withdraw the necessary funds from your payment account. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your payment account at the time of scheduled withdrawal. We will not be obligated to act on any withdrawal instruction from you if there are insufficient funds in the payment account. For Bill Pay services, every day is a business day, except Saturday, Sunday, and Federal Holidays.

You may use Bill Pay to schedule bill payments to occur once, daily, weekly, every 2 weeks, monthly, quarterly, semi-annually, or annually. If the regular payment date for a recurring payment falls on a weekend or a holiday, it will be initiated on the following business day. Payments must be scheduled by midnight of the day prior to the effective date. Payments must be scheduled to allow sufficient time for the payment to be received by the payee. We suggest you allow 5-7 business days prior to the due date of the payment. The effective date is the date the funds will be withdrawn from your account. After the funds are withdrawn from your account, payments will be made by electronic funds transfers, when possible. If a payee is unable to receive electronic funds transfers, a check will be mailed to the address you provide; these funds may be deducted from your account at the time of your request or when the check clears your account.

You may utilize Bill Pay to modify either the payment amount or date the payment is initiated for any future or recurring bill payment at any time prior to the payment being in a pending status.

You may cancel a current, future, or recurring bill payment, at any time prior to midnight of the day prior to the effective date. You are solely responsible for your Online Banking User ID, password, and any other authentication and authorization information. Any person to whom you give your User ID and password will be considered an authorized user for bill payments. If you wish to terminate Bill Pay, please contact us. It is your responsibility to cancel all future bill payments at the same time by deleting those payments through Bill Pay. This will ensure that future payments made by you will not be duplicated. We reserve the right to suspend or terminate your use of Bill Pay at any time, for any reason.

11. Stop Payments

You may initiate stop payment requests through Online Banking only for paper checks you have written (non-electronically) on your account. Stop payments must be received in time to give us a reasonable opportunity to act on it before our stop payment cutoff time. To be effective, your stop payment order must precisely identify the check number, amount of the item, and the payee. By placing a stop payment order through Online Banking, you have authorized, directed, and requested us to stop payment on the check requested. You agree to indemnify and hold us harmless from any and all claims, liabilities, costs and expenses, including but not limited to, court costs and reasonable attorney fees, resulting from or growing out of our refusal to pay the stopped check. We shall have no liability to you for the payment of the identified check contrary to the stop payment order if the indicated check number, dollar amount or account number is not accurate. We are not liable to you if we paid the identified check if we acted in good faith or exercised ordinary care. Any damages that you incur and which we may be liable for are limited to actual damages not to exceed the amount of the check. You understand that if the stop payment order comes too late for us to act, this stop payment shall be of no effect. You agree that we may charge you a fee for processing this stop payment order as well as a fee for each renewal you make, such fee will be deducted from your account. You may refer to the current fees and services schedule to determine the stop payment fee. This stop payment order shall be governed by the provisions of the Uniform Commercial Code in effect in Texas. The stop payment will be valid for a period of six (6) months from the date it is made unless we have received a revocation or renewal prior to expiration of such period. Remember, if you permit another person to use your Online Banking User ID and password, you are responsible for any stop payment they may submit.

12. Required Disclosures Under Electronic Funds Transfer Act and Bureau Regulation E

The following provisions apply to those Online Banking Services, including, but not limited to, Mobile Banking Services, used to access Deposit Account(s) of Consumer Customers whose Deposit Account(s) are established primarily for personal, family or household purposes. You understand these provisions do not apply if you are a commercial customer accessing Deposit Account(s) with Bank established for business purposes.

13. Transfers Generally

You understand all Transfers must originate from an Account on which you are a current signer. Bank reserves the right to refuse the acceptance of any particular Transfer for any reason. 

14. Limits

Unless otherwise provided in any other agreements you may have with Bank, the maximum dollar limit for all Transfers within a 24-hour period is equal to the Available Balance in any Deposit Account(s) or may be another maximum amount set by Bank and communicated to me. If your Deposit Account does not have sufficient funds to complete a Transfer, Bank may refuse to conduct the Transfer. If Bank does complete the Transfer, you are responsible for any overdrafts or fees that are generated. you understand that limitations on the number of Transfers per each statement period applicable to money market and savings accounts per each statement period will apply, and the number of Transfers that you can make from such accounts will be limited. You should refer to Bank’s money market account and savings account disclosures or contact Bank’s Customer Service at 940-549-2040 for details on limitations.

15. Scheduling Transfers

You understand that detailed instructions for scheduling transfers, including any applicable cutoff times, are located in Online Banking Services. The first payment of a recurring Transfer conducted through Online Banking Services must be scheduled for a date that is a valid date for that month. Should subsequent months not include that date, then Bank will assume you mean to schedule a Transfer on the first day of the following month. For example, if the first monthly Transfer is scheduled for January 31, the second monthly transfer will not occur until March 1. If the first day of the following month is not a Business Day, then the Transfer may not be processed until the next Business Day.

16. Cancelling Your Transfers

You understand that you cannot cancel an immediate Transfer from your Deposit Account(s) after it has been entered into Online Banking Services and the information has been transmitted to Bank. In order to cancel future-dated payments, you must log into Online Banking Services and follow the directions provided for cancelling Transfers.

17. Documentation

You will get a statement for each of your active Deposit Account(s) which will reflect, among other things, all Transfers that have occurred during your monthly billing cycle. You will receive a statement at least quarterly for each active Deposit Account, even if no activity has occurred during the time period covered by that statement. 

18. Bank’s Liability for Failure to Complete a Transaction

If Bank does not complete a Transfer on time, or in the correct amount according to your instructions, Bank may be liable for your losses or damages up to the amount of the Transfer. Except as otherwise expressly provided, Bank is not liable to you for any special, incidental, exemplary, punitive, or consequential losses or damages of any kind. However, there are some exceptions to Bank’s liability. Bank will not be liable, for instance, if: 

• Through no fault of Bank, there are not sufficient funds in the Deposit Account to make the Transfer, or the account has been closed.

• Through no fault of Bank, the Transfer would go over the credit limit or available amount on any applicable overdraft line for your Deposit Account(s).

• You have not properly followed the scheduling instructions and requirements for making a Transfer according to this Agreement.

• Circumstances beyond Bank’s control prevented the Transfer, despite reasonable precautions that Bank has taken. Such circumstances include telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires, and floods.

• Bank has placed a "hold" on any funds in your Deposit Account(s) in accordance with Bank’s rights under applicable laws or any other agreements between Bank and me.

• Bank has received incomplete or inaccurate information from you or a third party involving the Transfer.

• A court order, such as a garnishment or other legal process, prevents Bank from making a Transfer.

• Bank has a reasonable basis for believing that unauthorized use of your User ID, Password, any other authentication and authorization information, or Deposit Account(s) has occurred or may be occurring.

• You default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with Bank.

• Bank or you terminate this Agreement.

There may be other exceptions, in addition to those listed above, stated in any of Bank’s other agreements with me, or as permitted by law.

If any of the above circumstances occur, Bank will assist you if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.

19. Liability for Unauthorized Use

You will tell Bank AT ONCE if you believe that your User ID, Password, and/or any other authentication and authorization information has been lost or stolen or used without your permission. You understand and acknowledge that the best way to minimize your loss is to call Bank immediately at 940-549-2040. You also understand that the unauthorized use of your User ID, Password, and/or any other authentication and authorization information could cause you to lose all of the money in your accounts, plus any amount available under your overdraft protection, if you do not notify Bank in a timely manner. 

You understand that you will have no liability for unauthorized transactions if you notify Bank within sixty (60) days after the statement showing the transaction has been mailed to you or made available to you through eStatement Delivery (if you are enrolled in Electronic Statement Delivery). If you do not tell Bank within sixty (60) days after the statement was mailed to you or made available to you through eStatement Delivery (if you are enrolled in eStatement Delivery), you may not get back any money you lost after the 60 days if Bank can prove that you could have stopped someone from taking the money if you had told Bank in time. If a valid reason (such as a long trip or a hospital stay) kept you from telling Bank, you understand that Bank will extend the time periods.

For any of your Transactions processed through the Visa or MasterCard system, your liability limits will differ from those set forth above. For transactions processed through the Visa or MasterCard system (for example, use of your personal Debit Card when no PIN is used), you understand that you will have no liability in accordance with each network’s respective policies regarding "zero liability" for unauthorized transactions if you promptly report the unauthorized transactions to Bank. For Visa transactions, Bank may impose greater liability, to the extent allowed by law, if Bank reasonably determines that you were either negligent or fraudulent in the handling of your Online Banking Services Transactions processed through Visa. For MasterCard transactions, Bank may impose greater liability, to the extent allowed by law, if Bank reasonably determines that you did not exercise reasonable care in safeguarding your Online Banking Services Transactions processed through MasterCard from the risk of loss or theft. Bank may reasonably determine that you were negligent or that you failed to exercise reasonable care, for instance, if you do not promptly report one or more unauthorized transactions to Bank. This may include your delay for an unreasonable time in reporting unauthorized transactions.

If you assert that an unauthorized Transfer may have occurred, or you believe your User ID, your Password and/or any other of your authentication and authorization information has become known to an unauthorized person, Bank may require you to sign a sworn statement or affidavit to that effect. 

If you have selected optional Mobile Banking Services, you understand that you are solely responsible for notifying Bank immediately in the event that your Mobile Device associated with the telephone number provided to Bank to register for Mobile Banking Services is lost, stolen, changed or destroyed. you understand that with regard to SMS text messages, failure to promptly notify Bank may result in your failure to receive important SMS text messages and/or the interception of such SMS text messages by unauthorized third parties. You may also incur SMS text messaging fees for such SMS text messages even if you do not receive them. you understand that Bank is not responsible for any costs, expenses, liabilities or damages that you incur as a result of your failure to receive an SMS text message, the interception of any SMS text message by an unauthorized or other third party, or your incurrence of SMS text messaging fees for SMS text messages you did not receive. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT IN ADDITION TO ANY DISCLAIMERS OR LIMITATIONS OF LIABILITY AS OTHERWISE STATED IN THIS AGREEMENT, BANK SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM: (i) NON-DELIVERY, DELAYED DELIVERY OR WRONG DELIVERY OF ANY EMAIL COMMUNICATION THAT YOU WOULD NORMALLY ACCESS VIA THE WEB BROWSER ON your MOBILE DEVICE OR OF ANY SMS TEXT MESSAGE NORMALLY SENT DIRECTLY TO your MOBILE DEVICE; (ii) INACCURATE CONTENT IN ANY EMAIL COMMUNICATION THAT YOU ACCESS VIA THE WEB BROWSER ON your MOBILE DEVICE OR IN ANY SMS TEXT MESSAGE SENT DIRECTLY TO your MOBILE DEVICE; (iii) ANY ACTIONS RESULTING FROM THE INTENTIONAL OR UNINTENTIONAL DISCLOSURE BY YOU TO ANY UNAUTHORIZED PERSON OF THE CONTENTS OF ANY EMAIL COMMUNICATION YOU ACCESS VIA THE WEB BROWSER ON your MOBILE DEVICE OR ANY SMS TEXT MESSAGE SENT DIRECTLY TO your MOBILE DEVICE; OR your USE OR RELIANCE ON THE CONTENTS OF ANY SUCH EMAIL OR SMS TEXT MESSAGE FOR ANY PURPOSE. 

20. Errors or Questions

In case of errors or questions about Transfers, you should call Bank at 940-549-2040 or you should write to Bank at: Ciera Bank 623 Elm Street Graham, TX 76450. If you think your account statement is wrong or if you need more information about a Transfer listed on the statement, you must contact Bank immediately. you understand that Bank must be notified no later than sixty (60) days after the FIRST account statement on which the problem or error appeared was mailed or made available through eStatement Delivery (if you are enrolled in eStatement Delivery), and you must: 

• Tell Bank your name and account number.

• Describe the error or the Transfer 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 Bank the dollar amount of the suspected error.

If you tell Bank via telephone, Bank may require that you send your complaint or question in writing within ten (10) Business Days. Bank may also require you to provide your complaint in the form of a sworn statement or affidavit.

Bank will determine whether an error occurred within ten (10) Business Days after Bank hears from you and will correct any error promptly. If Bank needs more time, however, Bank may take up to forty-five (45) days to investigate your complaint or question. If Bank decides to do this, it will provisionally recredit your Deposit Account within ten (10) Business Days for the amount thought to be in error, so that you will have the use of the money during the time it takes Bank to complete its investigation. If Bank asks you to put your complaint or question in writing and Bank does not receive it within ten (10) Business Days, Bank may decide not to provisionally recredit your Deposit Account. 

For errors involving new accounts, Bank may take up to ninety (90) Business Days to investigate your complaint or question and up to twenty (20) Business Days to credit your account for the amount you think is in error. 

If a notice of error involves a Transaction processed through the Visa System, Bank will provide provisional credit within five (5) Business Days after you notify Bank instead of the usual ten (10) or (20) Business Days. Bank may, in its sole discretion, withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if Bank believes that the circumstances of account history warrant the delay.

Bank will tell you the results within three (3) Business Days of completing its investigation. If Bank determines that there was no error, Bank will send you a written explanation. You may ask for copies of the documents that Bank used in its investigation. If Bank provisionally re-credited your account, Bank may take back the amount of any credit if it finds that an error did not occur.

21. Account Information Disclosure

You understand that Bank will disclose information to third parties about your Deposit Account(s) and the authorized Transfers: 

• When necessary to verify or complete Transfers or to resolve a problem related to a Transfer.

• To verify the existence and the condition of your Deposit Account for a third party, such as a credit bureau or merchant.

• To comply with any government agency or court order.

• If you give Bank your written permission.

• As otherwise permitted in Bank’s "Deposit Account Agreement and Other Disclosures, " by law, or as required by government regulations.

OTHER TERMS AND CONDITIONS

22. Personal Information

You are aware and agree that the Bank, at its discretion, may record any and all information, instructions, or transactions relayed from your mobile device(s) to the Bank or through intermediaries and to the mobile device(s) from the Bank and/or from intermediaries and collect and store the information in a form and manner as deemed necessary and appropriate.

You acknowledge that in connection with your use of Ciera Bank Mobile Banking Services, and its affiliates and service providers, they may receive and share names, domain names, addresses, passwords, telephone and phone numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Bank’s Mobile Banking Services or software (collectively "User Information").

The Bank, and 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 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 me.  You agree not to use the Bank’s Mobile Banking Services and Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose. You further agree that your use of the services and software will 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 U.S. Export Administration Regulations.

Any transmission to the Bank’s Mobile Banking Services, including e-mails, shall be deemed and remain the property of the Bank. Please do not use e-mail to send the Bank communications which contain confidential information or require immediate attention. Please call 940-449-2040 or send written communications to: Ciera Bank 623 Elm Street Graham, TX 76450.

23. Charges and Fees

There is no service charge for accessing your accounts with Online Banking Services.

Online Banking Services with Bill Payment Services – There is no service charge for paying bills via Online Banking Services with Bill Payment Services, unless such fees are expressly indicated in your account agreement.

You should note that depending on how you access Online Banking Services, you might incur charges for normal account fees and service charges.

Payments or transfers made through Online Banking Services from a savings or money market account may result in an excess transaction fee (You must refer to your savings or money market account agreement or Schedule for details).

Additional fees may be assessed for added self-service features available through Online Banking Services, such as certain stop payment requests, requesting check copy orders, ordering new checks, obtaining account statement copies or any additional services for which Bank chooses to offer to you for a fee (You must consult the applicable agreement governing the account to determine if your accounts are subject to these fees).

An NSF or overdraft fee may also apply if you schedule payments or transfers from one of your accounts and your Available Balance is not sufficient to process the transaction on the date scheduled.

Bank may also charge you a research fee as stated in any applicable Schedule.

You understand that Bank may charge additional fees for use of Online Banking Services, and that you may be subject to any other applicable fees related to any Transaction as set forth in any applicable agreement. Bank will automatically deduct fees related to the Transactions on either the account statement date for the account for which Online Banking Services are provided, or on the date the Online Banking Service is actually provided. If Bank decides to change the fees it charges in connection with Online Banking Services, Bank will notify you at least thirty (30) days prior to the effective date of the change, and a notification to you at your Primary Email Address is acceptable notification.

24. Contacting Ciera Bank

In addition to the electronic communication methods discussed in this Agreement, you may also contact a Ciera Bank employee with any questions or concerns by calling 940-549-2040. You may also call Bank with your questions regarding general information about your account(s), such as balance information, transactions conducted outside of Online Banking Services, questions regarding interest earned, or other general questions or concerns.

25. Children Using Online Banking Services

The safety and privacy protection of children is very important to Ciera Bank. Children should always ask their parent or guardian for permission before sending personal information to anyone online. You understand that only the parent or legal guardian of a child under the age of thirteen (13) has authority to access Online Banking Services, even if the account has been established on behalf of that child. If you permit a child under the age of thirteen (13) to use Online Banking Services, or give the child your User ID, Password, or any other of your authentication and authorization information, you understand that you are responsible for all activity the child initiates from or to any of your accounts, even if he or she exceeds your authorization. You understand that you can contact Bank with any questions or concerns.

26. Bank Records and Data

You acknowledge that Bank may elect to record or otherwise document information and email messages entered via Online Banking Services for record keeping purposes, and you authorize Bank to record such information. Bank’s records kept in the regular course of business will be presumed to accurately reflect the contents of your instructions to Bank, and in the absence of manifest error, will be binding and conclusive.

27. Bank’s Use of Third-Party Service Providers

Ciera Bank’s ability to provide certain of the Online Banking Services depends on its ability to provide access to third-party networks. For details regarding Bank’s safeguarding of your personal information, you should refer to Bank’s Customer Privacy Statement available at www.cierabank.com. In the event that Bank determines, in its sole discretion, that it is unable to provide third-party network access, Bank may discontinue the related Online Banking Services(s) or may provide the Online Banking Service(s) through alternate third-party networks. You understand that Bank shall have no liability for the unavailability of access during any transition period and shall give you written notice of any Online Banking Service involving Transfers to or from your Deposit Account(s) being discontinued at least twenty-one (21) days in advance of such termination unless such prior notice is otherwise excused by law. 

28. Bookmarking and Linking

You understand that you may create a bookmark in your web browser to the Online Banking Services page. you may not create any link to Online Banking Services without the written approval of Bank, including, without limitation, a link on a publicly accessible website. You should refer to the Ciera Bank "Terms of Use" regarding the Site (available at www.cierabank.com) for information regarding permitted links to the Ciera Bank home page. The Bank may establish links between Online Banking Services and other services operated by third parties. The Bank has no restraint over other third-party services or the contents therein. The existence of any such links shall not constitute an endorsement by the Bank.

CIERA BANK MOBILE BANKING TERMS AND CONDITIONS

Ciera Bank Mobile Banking combined with your device's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 31727. To cancel, text "STOP" to 31727 at any time. In case of questions please contact customer service at 940-549-2040 or visit www.cierabank.com.

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of Ciera Bank or any service provider.

Enrollment in Ciera Bank Mobile Banking is available to customers who have had an account in good standing for greater than thirty (30) days.

1. Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, Ciera Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another 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 Mobile Banking or the Software (collectively “User Information”). Ciera Bank and 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 Mobile Banking 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. Ciera Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking 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.

2. Restrictions on Use

You agree not to use Mobile Banking 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 Mobile Banking 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 Ciera 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 Ciera Bank or any third party service provider involved in the provision of Mobile Banking; (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 Ciera Bank, any third party service provider involved in providing Mobile Banking, 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 Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

3. Use of Google Maps

You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

4. Biometric Login for Mobile Banking

In addition to the Security Procedures contained elsewhere in this Agreement, Ciera Bank may choose to offer the option to log into Ciera Bank Mobile Banking using biometric data, such as your fingerprint(s) or facial recognition. Fingerprints and facial recognition information are stored on your Mobile Device only, and Ciera Bank never sees your fingerprint or facial recognition information. You acknowledge that by enabling biometric login, you will allow anyone who has a fingerprint or facial recognition stored on your Mobile Device access to your Account on Ciera Bank Mobile Banking. We caution you against storing the fingerprints or facial IDs of others on your Mobile Device. If you do, please make sure the individuals who have fingerprints or facial IDs stored on your device should be authorized to access the personal and payment information available through Ciera Bank Mobile Banking and contact us immediately if you believe that your Mobile Device has been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization. Ciera Bank reserves the right to suspend or disable this feature at any time.

5. Card Controls Additional Terms

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

• The Card Controls feature is only available for debit cards issued by Ciera Bank that you register within the Mobile Banking App. 

• The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Ciera Bank to discontinue the alerts and controls. 

• Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address. 

• Card Controls may enable access to Ciera Bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto. 

• To the extent this Mobile Banking App allows you to access third party services, Ciera Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability. 

• THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW. 

• LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

• Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

CIERA BANK MOBILE DEPOSIT TERMS AND CONDITIONS

This Agreement (“Agreement”) of the Ciera Bank Online Agreement and Disclosures between you and Ciera Bank sets forth the terms and conditions of Ciera Bank Mobile Deposit (the “Service”), which allows you to deposit certain checks into certain deposit accounts that are eligible to receive mobile deposits (“Mobile Deposit Accounts”) via an application (the “App”) installed on your supported mobile device. The App is considered part of the Service.

Except as modified by this Agreement, all terms and conditions in the Ciera Bank Online Agreement and Disclosures remain in full force and effect. If there is a conflict with the Ciera Bank Online Agreement and Disclosures (in either case, the "Agreement") and this Agreement, this Agreement shall control.

By enrolling in the Service, you agree to be legally bound by this Agreement and the Ciera Bank Online Agreement and Disclosures.

1. Definitions

Unless otherwise noted, the words used in this Agreement have the meanings set forth in the Ciera Bank Online Agreement and Disclosures and Ciera Bank Mobile Banking Agreement, except that the terms “we,” “us,” “our,” “Ciera Bank,” and “Bank” refer not only to Ciera Bank but also to third parties who assist Ciera Bank in providing the Service (“Third Party Service Providers”).

2. Fee

Currently, there is no fee or charge assessed by us for you to enroll in or use the Mobile Deposit service. We may assess fees or charges in the future, and you will receive notice of such fees or charges, as required by law. You agree to pay and authorize us to deduct any such fees or charges from your designated Mobile Deposit Account(s). Any fees associated with your standard deposit account(s) will continue to apply.

You may, however, incur charges to receive Internet service on your Mobile Device. You may also incur charges from your wireless carrier when sending and receiving text messages. You will be solely responsible to your wireless carrier for any such Internet or text messaging charges.

3. Equipment

To use the Service, you must have a supported mobile device with a supported camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device (collectively, the “Mobile Device”). We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with the Service.

4. Limitations

When using the Service, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting damage that you may incur. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to limit the number of Mobile Devices through which you may access the Service.

Except as expressly provided in this Agreement, deposits made though the Service are subject to all limitations and terms set forth in the relevant deposit agreement governing your Mobile Deposit Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.

5. Eligible Checks and Items

You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”).

You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code. 

You agree that you will NOT use the Service to scan and deposit any checks or other items as shown below:

• Checks or items payable to any person or entity other than you.

• Checks payable to you and another party, unless deposited into a Mobile Deposit Account in the name of all payees.

• Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), 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 or item is drawn.

• Checks or items previously converted to a substitute check, as defined in Reg CC.

   

• Checks or items drawn on a financial institution located outside the United States.

• Checks or items that are remotely created checks, as defined in Reg CC.

• Checks or items not payable in United States currency.

• Checks or items issued by the U.S. Treasury or any other U.S. federal agency.

• Money orders, savings bonds, or traveler’s checks.

• Checks dated more than six (6) months prior to the date of deposit.

• Checks payable on sight or payable through drafts, as defined in Reg CC.

• Checks with any endorsement on the back other than that specified in this Agreement.

Nothing in this Agreement should be construed as requiring Ciera Bank to accept any check or item for deposit, even if Ciera Bank has accepted that type of check or item previously. Nor shall Ciera Bank be required to identify or reject any checks or items that fail to meet the requirements of this Agreement.

6. Security of Your Mobile Device and Account Information

You are responsible for (a) maintaining the confidentiality and security of your Mobile Devices, access number(s),password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service (collectively, "Account Information").  You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, text message, email, and other data ("Communications") entered using Access Information. Any Communications received through the use of Access Information will be deemed to be sent or authorized by you.  You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft, or unauthorized use of Access Information has occurred.

7. Image Quality

The image of a check or item transmitted to the Bank using the Service must be legible. The image quality of the checks and items must comply with the established x9.37 standards or any additional standard set by us, and with any requirements set by any clearinghouse we use or agreement we have with respect to processing checks or items. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

8. Endorsements and Procedures

Before transmission, the Bank will require you to endorse any check or item transmitted through the Service with your signature followed by “For Mobile Deposit Only at Ciera Bank.” You agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time.  You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through the Service.

9. Receipt of Checks and Items; Crediting

We reserve the right to reject any check or item transmitted through the Service, at our discretion, without liability to you or anyone else. We are not responsible for checks or items we do not receive in accordance with this Agreement or for images that are dropped or damaged during transmission. As provided in the relevant deposit agreement governing your Mobile Deposit Account and subject to Ciera Bank’s Availability Disclosure, deposits received and accepted before a particular time of the day (the “Cutoff Time”) on a Business Day are credited on the same day and deposits received and accepted after the Cutoff Time on Business Day are credited on the next Business Day.  Ciera Bank may establish later Cutoff Times for checks and items deposited via the Service, crediting your Mobile Deposit Account for such checks and items even if received and accepted after the applicable Cutoff Time specified in the relevant deposit account agreement governing your Mobile Deposit Account. In the event that Ciera Bank establishes later Cutoff Times for checks and items deposited via the Service, we reserve the right to change the Cutoff Times at any time as permitted by law.  Regardless of whether Ciera Bank establishes later Cutoff Times for checks and items deposited via the Service, you understand and agree that checks and items must be received and accepted by Ciera Bank before the applicable Cutoff Time and must not be incomplete, illegible, or erroneous to be eligible for same-day crediting.  Provisional credit (memo-post) will be granted for approved deposits made through the Service. This means you will not be able to draw cash against deposits made through the Service until the deposit has been posted to your account. Deposits made through the Service are posted during our nightly processing. You enter the amount of the check as a deposit is made through the Service. If we determine that the check is for a different amount, we may adjust the check amount and notify you of the adjustment. At all times, the check will be deposited for the amount read by us.

10. Availability of Funds

Checks deposited via the Service by the Bank's stated 4:00 p.m. Central Time (Bank Cutoff time for electronic deposits) deadline for electronically presented items will be considered deposited on that business day and subject to the Funds Availability disclosure provided during account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available on the first business day after the day of deposit. Ciera Bank may delay availability of funds from any deposit you make through Remote Deposit Capture / Mobile Banking at any time at our sole discretion. This includes any concern we may have regarding our ability to collect the funds based upon any check image that you present. If you have questions regarding the availability of a deposit made using Remote Deposit Capture / Mobile Banking, please contact Ciera Bank during normal business hours.

11. Disposal of Transmitted Checks and Items

After a check or item has posted to your account you agree never to present again to us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service. You will promptly provide any check or item, or a sufficient copy of the front and back of the check or item, to Ciera Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for Ciera Bank’s audit purposes.  You agree to retain the check or item for at least thirty (30) calendar days after the date of the image transmission. After that thirty-day period, you agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through the Service and have cleared to ensure that such checks and items are not presented again for payment and, prior to disposal or destruction, to safeguard such checks and items.

12. Deposit Limits

We reserve the right to impose limits from time to time on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time.

13. Presentment

The manner in which the checks and items are cleared, presented for payment, and collected shall be at Ciera Bank’s sole discretion as set forth in the relevant deposit account agreement governing your Mobile Deposit Account.

14. Promises You Make to Us; Representations and Warranties; Indemnity

You promise the following:

• You will only transmit eligible checks and items that you are entitled to enforce and that will include all signatures required for their negotiation and deposit.

• You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.

• You will not deposit or present again the original check or item with Ciera Bank or any other party.

• You will comply with this Agreement and all applicable rules, laws, and regulations.

• You will use the Service only for your own deposits and will not allow the use of the Service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Service by or for the benefit of any third party.

• You represent and warrant to Ciera Bank the following:

• Images will meet Ciera Bank’s image quality standards in effect from time to time.

• All information you provide to Ciera Bank is accurate and true, including that all images transmitted to Ciera Bank accurately reflect the front and back of the check or item at the time it was imaged.

By your utilization of this App, you acknowledge and agree that the Third-Party Service Provider of the App may have access to the nonpublic personal information transmitted by you through the App.

You agree to indemnify and hold harmless Ciera Bank from and against, and agree to defend promptly Ciera Bank from and reimburse Ciera Bank for, any and all losses, damages, costs, expenses, liabilities, obligations and claims of any kind, including without limitation reasonable attorneys’ fees and other legal costs and expenses, that Ciera Bank or its successor in interest may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of any of the promises, representations and/or warranties made by you in this paragraph 14.

15. Changes to the Service

We reserve the right to terminate, modify, add, and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time to time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays, or errors. Attempts to provide prior notice of scheduled maintenance may be made, but we cannot guarantee that such notice will be provided.

16. Cancellation by You; Termination or Refusal by Us

You may cancel the Service at any time by calling 940-549-2040 and allowing us a reasonable opportunity to act upon your request. If you cancel, we will not refund any portion of any fee assessed for any checks and items previously deposited via the Service. We will have no obligation to honor any instruction, in whole or in part, that (i) we reasonably believe is used for any illegal or improper purpose or activity; (ii) we have reason to believe may not be authorized by you; (iii) would violate any law, rule or regulation applicable to us or the Service; (iv) is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures practices; or (v) for our protection or yours, we have reasonable cause not to honor.  We reserve the right to refuse to honor an instruction or suspend or terminate the Service, in whole or in part, at any time upon management’s decision, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your Access Information; or (b) we believe the Service is not being used for its intended, bona fide and lawful purposes under this Agreement and the Ciera Bank Online Agreement and Disclosures and Ciera Bank Mobile Banking Agreement; (c) your account is closed, or access to your account is restricted for any reason, including, but not limited to abuse, misuse, excessive insufficient items, frequent overdraft situations or (d) following initial enrollment you do not use the Service for a period of 3 months or if you do not use the Service for a period of 6 months after initial use.  Termination will not affect your liability or obligations under this Agreement, the Ciera Bank Online Agreement and Disclosures and Ciera Bank Mobile Banking Agreement or any other agreements you have with us for actions we have taken on your behalf.

17. Enforceability

At our sole discretion, 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.   

18. Ownership and License

You agree that Ciera Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the App. You may use the Service only for your own benefit. 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 Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the App or any other part of the Service, in any manner contrary to the terms of this Agreement, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions without the requirement of posting a bond.

19. Third Party Beneficiary

You agree that our Third Party Service Providers, may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third- Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement against you.

20. Liability

WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS AGREEMENT. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS,” “WHEREAS,” AND “WITH ALL FAULTS,” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL CIERA BANK OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW.  IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CIERA BANK’S AND OUR THIRD-PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

21. Miscellaneous

This Agreement is hereby incorporated by reference into and subject to the provisions of the Ciera Bank Online Agreement and Disclosures and the Ciera Bank Mobile Banking Agreement, including, but not limited to its provisions regarding arbitration (if you did not reject the arbitration provision), amendment and indemnification.

22. Geographic Constraints

You agree that you will not use the Service in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control.

CIERA BANK ALERTS TERMS AND CONDITIONS

The following Alerts terms and conditions ("Alerts Terms of Use") only apply to the Alerts feature (as defined below). If Alerts are not available to you, then this Alerts Terms of Use does not apply. To the extent there is any conflict between the terms of the Agreement and this Alerts Terms of Use with respect to Alerts, then the terms in this Alerts Terms of Use shall apply.

1. Alerts

Your enrollment in Ciera Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Ciera Bank account(s). Alerts are provided within the following categories:  

• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the ‘More menu’ within Ciera Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time or cancel old Alerts. We usually notify you when we cancel Alerts but are not obligated to do so. Ciera Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

2. Methods of Delivery

We may provide Alerts through one or more channels (“Endpoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Ciera Bank Online Banking message inbox, by an e-mail message. You agree to receive Alerts through these Endpoints, and it is your responsibility to determine that each of the service providers for the Endpoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your Endpoint service provider. Alert frequency varies by account and preferences. You agree to provide Bank a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number. 

3. Alerts via Text Message

To stop Alerts via text message, text "STOP" to 31727 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Ciera Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 940-549-2040. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS. 

4. Limitations

Ciera Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Ciera Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Ciera Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. 

5. Alert Information

As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

http://www.cierabank.com/index/privacy-policy.html

6. Privacy and User Information – Data Analytics

You acknowledge that in connection with your use of Mobile Banking, Ciera Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Ciera Bank and 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 Mobile Banking, perform analytics to improve 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.

WARRANTIES, LIABILITY, INDEMNIFICATION, GOVERNING LAW & VENUE

1. Disclaimer of Warranties

While Bank hopes that the Online Banking Services and Mobile Banking Services are useful and reliable, you understand that Bank and its third-party Service Providers cannot and do not make any representation or warranty: (i) that you will have continuous or uninterrupted access to the Online Banking Services or the Mobile Banking Services or any of its information, content or functions; (ii) that the Online Banking Services or the Mobile Banking Services will operate on a continuous or uninterrupted basis; or (iii) that any information, content or functions will be error-free. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDE THE ONLINE BANKING SERVICES AND ALL INFORMATION AND CONTENT DELIVERED BY OR THROUGH THE ONLINE BANKING SERVICES TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, PERFORMANCE, ACCURACY, AVAILABILITY, CONTENT, FUNCTION, ACCESSIBILITY, NON-INTERRUPTION, NONINFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BANK AND ITS THIRD-PARTY SERVICE PROVIDERS ALSO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELATED TO ANY ADVERTISEMENTS OR WEBSITES IN CONNECTION WITH THE ONLINE BANKING SERVICES. YOU UNDERSTAND THAT your SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICE) SHALL BE FOR BANK TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND ADJUST OR REPAIR THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ME. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

2. Exclusion of Damages; General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHERS FOR DAMAGES IN EXCESS OF your ACTUAL LOSSES OR DAMAGES UP TO THE AMOUNT OF THE TRANSFER DUE TO BANK’S FAILURE TO COMPLETE A TRANSFER. BANK WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES), WHETHER CAUSED BY THE EQUIPMENT AND/OR THE SERVICES, NOR WILL BANK BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF your EQUIPMENT. THE ONLINE BANKING SERVICES ARE PROVIDED "AS IS. " YOU UNDERSTAND THAT BANK DOES NOT MAKE ANY WARRANTIES CONCERNING THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

3. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO your ACCESS AND USE OF THE ONLINE BANKING SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD: (i) CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT; (ii) CONSTITUTE INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF INFORMATION, DATA, FILES OR OTHER MATERIALS SUBMITTED BY YOU TO THE ONLINE BANKING SERVICES; (iii) CONSTITUTE FRAUD OR MALICIOUS CONDUCT BY ME; (iv) CONSTITUTE A VIOLATION BY YOU OF ANY LAW OR RIGHTS OF A THIRD PARTY; (v) CONSTITUTE A CLAIM FOR WHICH YOU HAVE AGREED TO PROVIDE INDEMNIFICATION ELSEWHERE IN THIS AGREEMENT; OR (vi) CONSTITUTE A CLAIM FOR DAMAGES FOR WHICH YOU HAVE AGREED ELSEWHERE IN THIS AGREEMENT THAT BANK IS NOT RESPONSIBLE. 

4. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Texas, without regard to the conflict of laws thereof, and to the laws of the United States.

5. VENUE

Any disputes arising from the use of the Bank’s Online Banking Services shall be exclusively subject to the jurisdiction of any federal or state court for the state of Texas.

AGREEMENT TO THESE TERMS AND CONDITIONS

You acknowledge that you are responsible for complying with all terms of this Agreement and the terms governing any Deposit Account(s), Loan Account(s), or any other Account(s) which you access using Online Banking Services.

BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU ACCEPT THIS AGREEMENT WITHOUT MODIFICATION, AND THAT YOU WILL BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU SIGNED THE AGREEMENT. FURTHERMORE, YOU UNDERSTAND THAT BY USING ONLINE BANKING SERVICES YOU AGREE TO THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND TO SUCH TERMS AND CONDITIONS AS THEY MAY BE AMENDED IN THE FUTURE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU UNDERSTAND THAT YOU SHOULD NOT ACCEPT THE AGREEMENT AND THAT YOU SHOULD NOT USE ONLINE BANKING SERVICES.