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Please Read the Information Below Very Carefully

For immediate access to online banking please contact us at 888-322-1088 or 517-439-4300 to obtain an activation code. Without an activation code you will be mailed your access information.

If you agree to abide by the information contained in the CNB Online Banking Agreement below please click "I AGREE". You will then be able to use this service. If you do not agree to these terms please click the "I DISAGREE" button. You will not be able to sign up for CNB Online Banking and will be returned to the homepage.

Click "I agree" if you accept the terms below. Click "I disagree" if you do not accept the terms below.

In order to use County National Bank’s online banking, mobile banking and bill pay services, you will need to agree to the terms and conditions set forth in the Hillsdale County National Bank Electronic Banking Agreement, which is below. You will need an access ID and password to use County National Bank’s online banking, mobile banking and bill pay services. You must log into online banking at least once before you will be allowed to use mobile banking or bill pay.

If you would like immediate access to these services, please call 1-888-322-1088 or 517-439-4300 during County National Bank’s normal business hours, and County National Bank will provide you with an activation code to access online banking. After you use the activation code to access online banking, you will be required to create an access ID or password for future use with online banking, mobile banking and bill pay.

If you do not require immediate access to the services, County National Bank will mail you a temporary access ID and password that you must use to access online banking. You will not need a separate activation code. After your initial log in, you will be required to create a new access ID and password for future use of online banking, mobile banking and bill pay.

If you agree to the terms and conditions contained in the Hillsdale County National Bank Electronic Banking Agreement, please click the “I Agree” button. If you click “I Agree,” you will be able to use County National Bank’s online banking, mobile banking and bill pay services after your receipt of an activation code or temporary access ID and password. Use of County National Bank’s online banking, mobile banking, or bill pay service will be subject to the Hillsdale County National Bank Electronic Banking Agreement.

If you do not agree to these terms and conditions, please click the “I Disagree” button. You will not be able to use County National Bank’s online banking, mobile banking or bill pay services and will be returned to the homepage.

Please read the entire Hillsdale County National Bank Electronic Banking Agreement before clicking “I Agree.”

 

HILLSDALE COUNTY NATIONAL BANK ELECTRONIC BANKING AGREEMENT

This Hillsdale County National Bank Electronic Banking Agreement (“Agreement”) contains the terms and conditions that govern your use of Online Banking, Mobile Banking, and Bill Pay. The terms and conditions in this Agreement are in addition to those that apply to any Account or other service you have with us. You should print this Agreement or contact us for a copy. The current version of this Agreement can be viewed through Online Banking.

Before using Online Banking, Mobile Banking or Bill Pay you must: (a) consent to electronic delivery of disclosures, and (b) agree to the terms and conditions in this Agreement by clicking “I Agree” above. In addition, you automatically renew your acceptance of this Agreement each time you log in as a user of Online Banking or Mobile Banking and each time you use Online Banking, Mobile Banking or Bill Pay.

Each Authorized User will have a unique access ID and password and will be able to access and conduct transactions with Online Banking, Mobile Banking, and Bill Pay without the consent of any other Authorized User. Except as otherwise provided in this Agreement, you agree that we are authorized to act on instructions received through Online Banking, Mobile Banking or Bill Pay under any Authorized User’s access ID and password. Any owner of an Account can terminate Online Banking, Mobile Banking, and Bill Pay services with respect to that Account.

I.Definitions.

The terms “we,” “us,” “our,” “Bank” and “County National Bank” refer to Hillsdale County National Bank.

The terms “you” and “your” refer to the Bank customer who is entering into this    Agreement.

“Account” or “Accounts” means your account or accounts enrolled for use with Online     Banking, Mobile Banking or Bill Pay. In order to be enrolled for use with Online       Banking or Mobile Banking, an account must be an open and active Bank checking,    savings, certificate of deposit, or line of credit account. In order to be enrolled for use             with Bill Pay, an account must be an open and active Bank checking account.

“Authorized User” means each owner of an Account and each individual who is an           authorized signer for an Account.

“Bill Pay” means the service that we make available pursuant to this Agreement and that   allows you and other Authorized Users to make payments to designated third party            payees from an Account that is a checking account. You can initiate Bill Pay transactions       through Online Banking or Mobile Banking only.

“Business Day” is any day Monday through Friday, excluding federal public holidays.

“Electronic Funds Transfer” means a transfer that is initiated through Mobile Banking or   Online Banking to debit or credit an Account that is a deposit account used primarily for         personal, family or household purposes. The term does not include any transfer made             through Fedwire or a similar wire transfer service, any transfer of funds between your            Accounts, or any transfer between any of your Accounts and any of your family             member’s accounts with us.

“Mobile Banking” means the service that we make available pursuant to this Agreement    and that enables you and other Authorized Users to conduct banking transactions with us    or receive mobile alerts from us by using a Mobile Device.

“Mobile Device” means a cellular telephone or similar wireless communications device      on which you or another Authorized User has installed Mobile Banking Software, or that     is capable of conducting Mobile Banking transactions or receiving mobile alerts by using          other protocols we may choose to permit.

“Mobile Banking Software” means the software downloaded in order to use Mobile          Banking. We reserve the right to change the Mobile Banking Software and other             protocols that we allow for Mobile Banking at any time without prior notice.

“Online Banking” means the service that we make available pursuant to this Agreement    and that enables you and other Authorized Users to conduct banking transactions with us    by using a personal computer.

II.Online Banking Terms and Conditions.

A.Access to Online Banking.

An Authorized User will need a personal computer and access to the Internet to use Online Banking. You are responsible for the installation, maintenance and operation of any software and computer. We will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.

Occasionally, Online Banking may not be available. If we reasonably anticipate that Online Banking may be unavailable for an extended period of time, we will post a message on our website. However, we do not guarantee the availability of Online Banking on all computers, on all networks, or at all times. In no event, shall we be liable for any damages due to the inability to access Online Banking, any particular Online Banking function, to execute transactions through Online Banking, or to receive information through Online Banking.

B.Password and Access ID.

An Authorized User must use his or her access ID along with his or her password to access Online Banking. Each Authorized User is required to create a new access ID and password upon his or her initial login to Online Banking. The new password and access ID must contain no fewer than six (6) and no more than seventeen (17) characters. The new password shall use both upper and lower case characters as well as both alpha and numeric characters. Passwords and access IDs are case sensitive.

An access ID and password should not be associated with any commonly known personal identification such as social security number, address, date of birth, or names of relatives. The password should be memorized, not written down.

Authorized User will need to remember passwords and access IDs in order to access Online Banking. Passwords are not communicated to us. Upon three unsuccessful attempts to log in, access to Online Banking will be suspended until an Authorized User contacts us to have the password reset or to obtain a new temporary password. An Authorized User may contact a customer service representative at custserv@countynationalbank.com or call our Electronic Banking Department at 517-439-4300 or 888-322-1088 for assistance.

You agree not to disclose or otherwise make your access ID or password available to anyone, and you agree to ensure that other Authorized Users do not disclose or make their access IDs and passwords available to anyone. Except as otherwise provided in this Agreement, you agree that we are authorized to act on instructions received under any Authorized User’s access ID and password. You accept responsibility for the confidentiality and security of all access IDs and passwords. You agree that you will change your password regularly, that all other Authorized Users will change passwords regularly, and that all future passwords will comply with the requirements set forth above.

C.Types of Transactions.

An Authorized User may use Online Banking to:

  • Transfer funds between Accounts, except that funds cannot be transferred to or from an Account that is a certificate of deposit;
  • Review balances, transaction histories and tax information for Accounts;
  • Download Account information to financial management software programs that you have obtained separately from a third party (i.e., Quicken® or Microsoft® Money, QuickBooks®, or Microsoft Excel®);
  • Initiate payments through Bill Pay; and
  • Stop payment on checks written on and an automated clearing house (ACH) transaction from an Account that is a checking account or a savings account.

Transactions involving a deposit account, including checking account stop payment requests, will be subject to the terms of the applicable deposit account agreement and disclosures. Transactions involving a line of credit account will be subject to the terms of the applicable loan agreement and the disclosures we previously provided to you.

D.Posting of Transfers.

Transfers, other than Bill Pay transfers, received through Online Banking before 4:00 p.m. (Eastern Time) on a Business Day are posted to the Account the same day. Transfers, other than Bill Pay transfers, received after 4:00 p.m. (Eastern Time) on a Business Day or on a day that is not a Business Day, will be posted on the next Business Day. You agree that Authorized Users will communicate with one another concerning any transfers from the Accounts in order to avoid overdrafts or exceeding an applicable credit limit. See Section IV.C for information regarding the processing of Bill Pay transfers.

E.Limitation on Number and Amount of Transactions.

Transfers from an Account that is a savings account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month or statement cycle. Online Banking cannot be used for transfers to or from a certificate of deposit. Online Banking may only be used to initiate a Bill Pay transaction from an Account that is a checking account.

F.Stop Payments.

An Authorized User may initiate a stop payment request for checks written on and ACH transactions from an Account that is a checking account or a savings account. This stop payment service is not available to cancel transfers scheduled through Bill Pay. See Section IV.D for information regarding canceling or stopping payment on a transfer scheduled through Bill Pay. Online stop payment requests are processed on the same Business Day for a request received by 4:00 p.m. (Eastern Time) on a Business Day. Online stop payment requests received on a Business Day after 4:00 p.m. (Eastern Time) or received on a day that is not a Business Day will be processed on the next Business Day following the date we received the stop payment request. Stop payment requests initiated through Online Banking shall be binding once we receive them. A signature is not required.

Also, if you or another Authorized User has used Online Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account that is a deposit account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these Electronic Funds Transfers by calling us at 1-888-322-1088 or writing us at County National Bank, One South Howell Street, P.O. Box 283, Hillsdale, Michigan 49242. We must receive the request to stop payment three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made. If you or another Authorized User requests us to stop one of these Electronic Funds Transfers three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made and we do not stop or cancel the Electronic Funds Transfer, we will be liable for your losses and damages.

G.Fees and Charges.

Currently, we do not charge fees for Online Banking. However, we may charge the fees set forth in agreements, disclosures or fee schedules for particular banking products or Accounts (e.g. overdraft fee), even if the fee results from the use of Online Banking.

For Bill Pay fees, see Section IV.E. We reserve the right to add or change the fees for Online Banking after sending you notice in accordance with this Agreement and any applicable law. You agree that we may deduct all such fees from any Account that is a deposit account. You are responsible for Internet service fees you incurred in connection with use of Online Banking.

III.Mobile Banking Terms and Conditions.

A.Access to Mobile Banking.

To access Mobile Banking, an Authorized User must have a Mobile Device that supports 256-bit encryption and is connected to the Internet through a mobile communications service provider. In order to use Mobile Banking, an Authorized User must download, install and use the Mobile Banking Software. Our provider and licensor will require an Authorized User’s agreement to additional terms and conditions in order to download the Mobile Banking Software and to use Mobile Banking. We are not responsible for any damage to any Mobile Device resulting from downloading, installing or using the Mobile Banking Software. To download the Mobile Banking Software, please follow the instructions found in the Mobile Banking section of our website. Depending on its make and model, a Mobile Device may need to be capable of receiving an SMS text message to initiate the download. You agree that each Authorized User who no longer wants to be able to access Mobile Banking with a particular Mobile Device will delete the Mobile Banking Software from that Mobile Device and that each Authorized User will delete the Mobile Banking Software if he or she is no longer authorized to access Mobile Banking.

Mobile Banking is available only to Authorized Users who have accessed Online Banking. The access ID and password used to access Online Banking shall also be used to access Mobile Banking.

When accessing Mobile Banking, an Authorized User will see a menu of available Mobile Banking functions (e.g., view balances, view or search for transactions, locate branches, execute transfers, etc.). From time to time we may add, modify or delete particular Mobile Banking functions or geographic areas served by Mobile Banking. Unless otherwise prohibited by law, we may make such changes in functionality or geographic service without prior notice.

We do not guarantee the availability of Mobile Banking on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. In no event, shall we be liable for any damages due to the inability to access Mobile Banking or any particular Mobile Banking function, to execute transactions through Mobile Banking, or to receive information through Mobile Banking.

If an Authorized User obtains a different Mobile Device, he or she will be required to download and install Mobile Banking Software to that different Mobile Device under the same terms set forth in this Agreement. You agree that all Authorized Users shall delete all Mobile Banking Software from Mobile Devices promptly if this Agreement or any license granted under it or another agreement terminates for any reason. We reserve the right to change, add to, or terminate services with third-party Mobile Banking Software providers and licensors, to substitute different Mobile Banking Software, and to enter into or arrange for the provision Mobile Banking Software by other licensors and third-parties.


 

B.Types of Transactions.

An Authorized User may use Mobile Banking to:

  • Review the balances and transaction histories for Accounts;
  • Transfer funds between Accounts, except that funds cannot be transferred to or from an Account that is a certificate of deposit;
  • Set up and receive mobile alerts regarding Accounts;
  • Track expenses paid from Accounts; and
  • Initiate a transfer through Bill Pay.
  • Add new payee

Transactions involving a deposit account will be subject to the terms of the applicable deposit account agreement and disclosures. Transactions involving a line of credit account will be subject to the terms of the applicable loan agreement and the disclosures we previously provided to you.

C.Posting of Transfers.

Transfers, other than Bill Pay transfers, received through Mobile Banking before 4:00 p.m. (Eastern Time) on a Business Day are posted to the Account the same day. Transfers, other than Bill Pay transfers, received after 4:00 p.m. (Eastern Time) on a Business Day or on a day that is not a Business Day will be posted on the next Business Day. You agree that Authorized Users will communicate with one another concerning any transfers from the Accounts in order to avoid overdrafts or exceeding an applicable credit limit. See Section IV.C for information regarding the processing of Bill Pay transfers.

D.Limitation on Number and Amount of Transactions.

Transfers from an Account that is a savings account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month or statement cycle. Mobile Banking cannot be used for transfers to or from a certificate of deposit. Mobile Banking may only be used to initiate a Bill Pay transaction from an Account that is a checking account.

E.Mobile Alerts.

Mobile Banking may provide automatic, Account-related alerts to a Mobile Device. Account alerts may be turned on or off as part of Mobile Banking. Each Authorized User may customize, deactivate or reactivate alerts. We may add new types of alerts periodically, or cease to provide certain types of alerts at any time at our sole discretion. Mobile Banking alerts will be sent through Mobile Banking to the specific notification system or the phone number or email address you have provided as the primary email address for Mobile Banking. If an email address or Mobile Device’s email address changes, you are responsible for informing us of that change.

You understand and agree that any alerts provided through Mobile Banking may be delayed or prevented for a variety of reasons. We attempt to provide alerts in a timely manner with accurate information. However, we do not guarantee the delivery or the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you, another Authorized User or any third party in reliance on an alert.

F.Export Controls.

Mobile Banking Software and related programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree that you and all other Authorized Users will comply with all export control regulations. You also agree that no Authorized User shall attempt to obtain licenses to export, re-export or import or export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.

G.Fees.

Currently, we do not charge fees for Mobile Banking. However, we may charge the fees set forth in the agreements, disclosures or fee schedules for particular banking products or Accounts (e.g. an overdraft fee), even if the fee results from the use of Mobile Banking. For Bill Pay fees, see Section IV.E. We reserve the right to add or change fees for Mobile Banking after sending notice in accordance with this Agreement and any applicable law. You agree that all such fees can be deducted from any Account.

You are responsible for obtaining a mobile communications service provider and for any amount that a service provider may charge for Internet-related use and for SMS text messages. You are responsible for all fees and charges that may be charged by any mobile communications service provider or any other third parties while using Mobile Banking.

H.Stop Payment.

If you or another Authorized User has used Mobile Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account that is a deposit account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these Electronic Funds Transfers by calling us at 1-888-322-1088 or writing us at County National Bank, One South Howell Street, P.O. Box 283, Hillsdale, Michigan 49242. We must receive the request to stop payment three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made. If you or another Authorized User requests us to stop one of these Electronic Funds Transfers three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made and we do not stop or cancel the Electronic Funds Transfer, we will be liable for your losses and damages.

IV.Bill Pay Terms and Conditions.

A.Access to Bill Pay.

An Authorized User can initiate Bill Pay transfers through Online Banking or Mobile Banking. Transfers through Bill Pay can only be made to third parties that have been designated as payees in Bill Pay. In order to designate a third party as a payee in Bill Pay, an Authorized User must log into Online Banking and enter the payee’s information into the applicable Bill Pay screens. If any of the payee’s information changes, you or another Authorized User must immediately log into Online Banking and update the information in the applicable Bill Pay screens. You agree to immediately notify us if any payee fails to receive funds for a transfer initiated using Bill Pay.

We are not responsible for transfers that cannot be processed due to incomplete, outdated or otherwise incorrect information or if subsequent transfers to the same payee fail. Payees must be located within the United States, and we reserve the right to prohibit an Authorized User from designating or continuing to designate any third party as a payee. If you no longer want to initiate transfers to a third party through Bill Pay, you agree to remove that third party from the designated payees in Bill Pay.

Occasionally, Bill Pay may not be available. If we reasonably anticipate that Bill Pay may be unavailable for an extended period of time, we will post a message on our website. However, we do not guarantee the availability of Bill Pay on all computers, on all networks, or at all times. In no event, shall we be liable to you for any damages due to the inability to access Bill Pay or to execute transactions through Bill Pay.

B.Types of Transactions.

An Authorized User may only use Bill Pay to pay bills directly from an Account that is a checking account. An Authorized User can use Bill Pay to initiate one-time (single) or recurring transfers to third parties that you have designated as payees in Bill Pay. Although there is no limit on the number of transfers, Bill Pay cannot be used for a transfer of more than $25,000.

C.Processing Transfers Through Bill Pay.

We must receive a request to make a one-time transfer no later than 3:00 p.m. (Eastern Time) of the Business Day on which the Authorized User wants the transfer to be processed. If we receive the request to make a one-time transfer after 3:00 p.m. (Eastern Time) of the Business Day on the Authorized User wants the transfer processed or on a day that is not a Business Day, we will process the transfer on the next Business Day.

We must receive a request to process the first of a series of recurring transfers no later than 3:00 p.m. (Eastern Time) of the Business Day on which the Authorized User wants the first transfer of the series of transfers to be processed. If we receive a request to process the first of a series of recurring transfers after 3:00 p.m. (Eastern Time) or on a day that is not a Business Day, we will process the first transfer on the next Business Day after we receive the request. Other transfers in the series of recurring transfers will be processed based on the frequency you have selected, unless the date for processing the transfer is not a Business Day in which case the following apply:

  • If the “Before Option” was selected for the series of recurring transfers, the transfer will be processed on the Business Day immediately before the otherwise applicable processing date (i.e., if the transfer would normally be processed on the first of the month and the first of September is Labor Day, the transfer would be processed on Friday, August 29 if it is a Business Day); or
  • If the “After Option” was selected for the series of recurring transfers, the transfer will be processed on the Business Day after the otherwise applicable processing date (i.e., if the transfer would normally be processed on the first of the month and the first of September is Labor Day, the transfer would be processed on Tuesday, September 2 if it is a Business Day).

Additionally, if a recurring transfer is scheduled to occur on the twenty-ninth (29th), thirtieth (30th) or thirty-first (31st) of the month, the transfer will be processed on the last day of any month that ends sooner than the scheduled processing date (i.e., if the transfer would normally be processed on the thirty-first (31st) of each month, the April payment would be processed on April 30 if it is a Business Day). If the Bill Pay system calculates an Estimated Arrival Date for any transfer, the date is only an estimate. Arrival is not guaranteed by that date. You are responsible for ensuring that payees receive payments when they are due.

We may process a transfer by any means that is acceptable to us. We may process transfers by issuing and mailing a Bank check to a payee.

D.Canceling or Stopping a Transfer Scheduled Through Bill Pay.

A one-time transfer can be changed or cancelled in Bill Pay any time before 3:00 p.m. (Eastern Time) of the scheduled processing date. Any single transfer in a series of recurring transfers can be changed or cancelled in Bill Pay any time before 3:00 p.m. (Eastern Time) of the scheduled processing date. An Authorized User can cancel or change a series of recurring transfers by editing the series in Bill Pay.

Also, if you or another Authorized User has used Bill Pay, Online Banking or Mobile Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these regular Electronic Funds Transfers by calling us at 1-888-322-1088 or writing us at County National Bank, One South Howell Street, P.O. Box 283, Hillsdale, Michigan 49242. We must receive the request to stop payment three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made. If you or another Authorized User requests us to stop one of these Electronic Funds Transfers three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made and we do not stop or cancel the Electronic Funds Transfer, we will be liable for your losses and damages.

E.Fees and Charges.

We will charge the following fees for use of Bill Pay:

  • Overnight Fee of $14.95 if a Bill Pay transfer is expedited, and we use overnight mail delivery.
  • Second Day Delivery Fee of $9.95 if a Bill Pay transfer is expedited, and we use second day mail delivery.
  • Charitable Donation Fee of $1.99 if Bill Pay is used to make a charitable donation.
  • Gift Pay Fee of $2.99 if Bill Pay is used to send a gift check.

Additionally, you agree that we can charge the fees set forth in the other agreements, disclosures or fee schedules for particular banking products or Accounts (e.g., an overdraft fee), even if the fee results from use of Bill Pay. You agree that all fees we charge in connection with use of Bill Pay can be deducted from any Account that is a deposit account. We reserve the right to add or change fees for Bill Pay after sending notice in accordance with this Agreement and any applicable law.

You are responsible for obtaining an Internet and mobile communications service provider and for any amount that service providers may charge. You are responsible for all third party fees and charges incurred while using Bill Pay.

V.General Terms for Online Banking, Mobile Banking and Bill Pay.

A.Limitation on Use.

You agree that Online Banking, Mobile Banking or Bill Pay will not be used by any Authorized User to conduct an illegal transaction, in connection with any illegal activity, or in any manner that would violate any federal, state or local law, regulation or ordinance. You further agree that Online Banking, Mobile Banking or Bill Pay shall not be used by any Authorized User in connection with Internet gambling.

B.Confidentiality.

We will disclose information to third parties about the Accounts and the transactions conducted through Mobile Banking, Online Banking, or Bill Pay:

(1)When it is necessary for completing the transaction;

(2)When required or permitted by any applicable law, rule, subpoena, order or other legal process;

(3)To protect against or prevent prohibited or illegal activity;

(4)To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability;

(5)If the third party is acting in a fiduciary or representative capacity for anyone who is an owner on the Account;

(6)If the third party is our attorney, auditor or examiner to the extent needed to determine our compliance with applicable law or regulation; or

(7)If you or another Account owner gives us permission.

C.Account Statements and Other Notices.

We will provide monthly statements for each Account that is a checking account and, at a minimum, a quarterly statement for each Account that is a savings account. We will provide a periodic statement for each Account that is a line of credit account. We do not provide regular statements for an Account that is a certificate of deposit.

We will provide all other notices required or permitted under this Agreement to you at your last known email address as set forth in our records, through Online Banking, or by mail. They will be effective upon sending unless otherwise specified in the notice. You must immediately notify us if your email address or mailing address changes. All notices that you are required or permitted to provide to us under this Agreement will be in writing, will be effective upon our receipt, and shall be delivered to County National Bank, One South Howell Street, P. O. Box 283, Hillsdale, Michigan 49242.

D.Overdrafts (Order of Payments, Transfers, and other Withdrawals).

If an Account that is a deposit account has insufficient funds to perform all the transactions requested from that Account for a given Business Day, transfers involving currency disbursements, such as point of sale transactions and ATM withdrawals, will have priority. Transfers initiated through Online Banking or Mobile Banking (including but not limited to Bill Pay transfers) may be cancelled to the extent that they would otherwise result in an overdraft. If such a transfer initiated through Online Banking or Mobile Banking (including but not limited to a Bill Pay transfer) is not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit account agreement for the Account.

E.Mobile Device, Internet and Mobile Communications Providers.

We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) any Authorized User’s mobile communications service provider agreement, (ii) any Authorized User’s Internet service provider agreement; or (iii) any Mobile Device, hardware, software or other any product or service an Authorized User may purchase from others relating to Mobile Banking, Online Banking or Bill Pay. This Agreement does not amend or supersede any agreements that you or another Authorized User has with third party, and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Mobile Device suppliers and service providers are responsible for their products and services. You agree that any problems any Authorized User may have concerning those companies’ products, services or agreements shall be resolved by directly with them and without involving us.

A Mobile Device or computer may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code or malware. We are not responsible for advising you or another Authorized User of the existence or potential effect of any malware, etc. Your use of a Mobile Device, computer, hardware and software is at your own risk. However, you agree to immediately notify us if any Authorized User’s Mobile Device or computer is subject to unauthorized tracking, hacking or other manipulation or if any Authorized User’s Mobile Device is lost or stolen.

F.Lost or Stolen Access ID or Password.

If you believe an Authorized User’s access ID, password or Mobile Device has been lost or stolen, call us AT ONCE at 1-888-322-1088, or write to us at County National Bank, P.O. Box 283, Hillsdale, Michigan 49242. You should also call the number or write to the address listed above if you believe that a transfer has been made or transaction has been conducted without your permission.

G.In Case of Errors or Questions about Your Electronic Funds Transfers.

Telephone us at 1-888-322-1088 or write to us at County National Bank, P.O. Box 283, Hillsdale, Michigan 49242 as soon as you can, if you think that your deposit account statement is wrong or if you need more information about an Electronic Funds Transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and deposit account number.

Describe the error or the Electronic Funds 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 us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error regarding an Electronic Funds Transfer occurred within ten (10) Business Days after we hear from you and will correct any error regarding an Electronic Funds Transfer promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question regarding an Electronic Funds Transfer. If we decide to do this, we will credit your deposit account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may decide not to credit your deposit account.

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

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

H.Disclaimer of Warranties.

Use of Online Banking, Mobile Banking and Bill Pay is at your own discretion and risk, and you will be solely responsible for any damage to any Mobile Device or computer system or data. No advice or information obtained from us or through or from Online Banking or Mobile Banking shall create any representation or warranty by us.

ONLINE BANKING, MOBILE BANKING AND BILL PAY ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ONLINE BANKING, MOBILE BANKING OR BILL PAY, OR THAT YOUR USE OF ONLINE BANKING, MOBILE BANKING OR BILL PAY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ONLINE BANKING, MOBILE BANKING OR BILL PAY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.

ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US, OUR SERVICE PROVIDERS, OUR LICENSORS AND CONTENT PROVIDERS.

I.Our Liability for Failure to Process An Electronic Funds Transfer.

If we do not complete an Electronic Funds Transfer initiated through Mobile Banking or Online Banking (including a Bill Pay transfer that is an Electronic Funds Transfer) on time, or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are exceptions. For example, we will NOT be liable if:

(1)There is not enough money in an Account to make the transfer, or the funds are not available to make the transfer due to legal process or other restrictions;

(2)The transfer would cause the Account to exceed the credit limit on the overdraft line of credit (if any) for the Account;

(3)An Authorized User’s computer, Internet service, Mobile Device, or other equipment is not working properly;

(4)Our computers, Internet service or other equipment is not working properly and you or another Authorized User knows or has been advised about the malfunction before executing the transaction;

(5)The payee or the payee’s financial institution mishandles or delays the transfer;

(6)The Authorized User does not provide us with correct information or sufficient information to properly process the transfer;

(7)Circumstances beyond our control, including but not limited to flood, fire, natural disaster, war or a similar conflict, prevent us from properly completing the transfer; or

(8)You fail to notify us that the payee of a recurring series of Electronic Funds Transfers did not receive an earlier Electronic Funds Transfer.

J.Your Limited Liability for Unauthorized Transfers.

Tell us at once if you believe an access ID, password or Mobile Device has been lost or stolen or if you believe that an Electronic Funds Transfer has been made without your permission. Telephoning is the best way to reduce possible losses. You could lose all the money in the Accounts that are deposit accounts plus your maximum overdraft line of credit, if any. If you tell us within two (2) Business Days after you learn of a loss or theft, you can lose no more than $50 if someone used an access ID, password or other access device without permission.

If you do NOT tell us within two (2) Business Days after you learn of a loss or theft of an access ID or password or access device and we can prove we could have stopped someone from using the access ID, password or access device without permission if you had told us, you can lose as much as $500.00.

Also, if your statement shows transfers that you did not authorize, tell us at once. If you do not tell us about unauthorized Electronic Funds Transfers within sixty (60) days after the statement was sent to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period.

K.Limitation of Liability and Indemnification.

To the extent permitted by law, you agree to indemnify us and our affiliates, officers, agents, and employees, and hold us and our affiliates, officers, agents, and employees harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from use of Online Banking, Mobile Banking, or Bill Pay or the breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

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 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 ONLINE BANKING, MOBILE BANKING OR BILL PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL.

ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM.

L.Copyright, Trademark and Ownership.

You acknowledge that the mobile, online and bill pay technology solutions, including any downloaded software, computer programs, images, graphics, text, photographs, notices, screens, web pages and other materials, are owned by us or third parties. You agree that no Authorized User will copy, display, distribute, download, license, sub-license, modify, publish, repost, reproduce, reuse, sell, transmit, create a derivative work from or otherwise use for public or commercial purposes, the information and materials on Online Banking, Mobile Banking or Bill Pay without our express written permission. Unless otherwise noted, all other trademarks, service marks, and logos used on the sites are the trademarks, service marks or logos of the Bank or others as indicated.

M.Amending this Agreement.

We may amend this Agreement by sending you a notice of the amendment. By continuing to use Mobile Banking, Online Banking or Bill Pay after the latter of receipt of the notice or any effective amendment date stated in the notice, you are deemed to accept the amended terms.

N.Termination and Suspension.

Either you or the Bank may terminate this Agreement upon ten (10) calendar days advance written notice to the other. If you terminate this Agreement, you will be responsible for any transfers that are processed before we receive and have a reasonable opportunity to act upon the notice. You may want to separately cancel any recurring transfers scheduled through Bill Pay.

Additionally, we may terminate this Agreement at any time without advance notice if we reasonably believe you or another Authorized User has breached this Agreement or violated any applicable law. This Agreement will automatically terminate if you do not maintain an Account with us, if you withdraw your consent to receive notices and disclosures electronically, if any license granted under this Agreement or any other agreement related to Bill Pay, Online Banking or Mobile Banking is terminated, or if we discontinue offering Online Banking, Mobile Banking or Bill Pay. Upon termination of the Agreement, Authorized Users will no longer be able to use Online Banking, Mobile Banking or Bill Pay. However, you will be responsible for transfers that are processed prior to termination and for your other obligations under this Agreement.

Furthermore, we may but are not required to suspend use of Mobile Banking, Online Banking or Bill Pay without terminating this Agreement if we are unable to process a transfer due to insufficient funds in one of the Accounts, Online Banking, Mobile Banking or Bill Pay has not been used by an Authorized User for three months, there are three or more unsuccessful attempts to log into Online Banking or Mobile Banking, or we reasonably suspect fraudulent activity has or may occur in connection with any Account or in connection with Online Banking, Mobile Banking or Bill Pay generally.

If we suspend use of Mobile Banking, Online Banking or Bill Pay, you or another Authorized User must call us at 517-439-4300 or 888-322-1088 or email us at custserv@countynationalbank.com. A representative is available between the hours of 8:00 a.m. to 4:30 p.m. (Eastern Time) Monday through Thursday and 8:00 a.m. to 5:00 p.m. (Eastern Time) on Friday.

O.Governing Law.

This Agreement is governed by, and shall be construed in accordance with the laws of the State of Michigan without regard to the conflict of laws principles thereof.

P.Severability.

To the extent permitted by applicable law, Bank and you each hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

Q.Entire Agreement.

This Agreement and the agreements governing the Accounts embody the entire agreement between us and you with regard to Online Banking, Mobile Banking and Bill Pay. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement or the agreements governing the Accounts are of no force or effect. To the extent that this Agreement and any agreement governing an Account are inconsistent, this Agreement shall control to the extent of the inconsistency.

R.No Waiver.

No waiver of the performance or breach of, or default under, any condition or obligation in this Agreement will be deemed to be a waiver of any other performance, or breach or any other condition or obligation of this Agreement.

S.Jury Waiver.

YOU AND THE BANK EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION REGARDING ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT.