CONSUMER ONLINE AND MOBILE BANKING AGREEMENT 

 

Last Updated: March 10th, 2026

 

Welcome to the Online Banking Services of The Farmers & Merchants Bank (the “Bank,” “we,” “us,” or “our”)!

 

This document consists of: 

 

1. A service agreement; and, 
2. Service-specific disclosures and third-party vendor terms and notices (including disclosures and terms applicable to Digital First Holdings, LLC d/b/a/ “Candescent” digital-banking services and any integrated third-party service providers, such as data aggregators, payment networks, card-management systems, and authentication providers).

 

For the avoidance of doubt, any third-party terms included in these Materials (as defined below) are provided solely for informational purposes unless and until they are presented to you within the Service at the time you first access the related feature and you affirmatively accept them. Terms that you do not affirmatively accept are not incorporated into, and do not modify, your agreement with the Bank.

 

By clicking “I Accept” you are: 

 

(1) agreeing to be bound by the Consumer Online and Mobile Banking Agreement that follows, including all terms and conditions set forth therein (only Feature-Specific Terms you affirmatively accept will apply); and, 

(2) confirming that you have the hardware and software capabilities to access and retain electronic records, and that you have provided a current email address at which you can receive electronic notices. 

 

Please be advised that services include Candescent digital-banking services and services offered by integrated third-party service providers that work on our behalf (collectively defined as, the “Service”). Only Feature-Specific Terms you affirmatively accept within the Service apply to you. For the avoidance of doubt, no terms or conditions provided by any third-party service provider shall modify, supersede, or limit this Agreement unless expressly incorporated by a written amendment executed by the Bank. Nothing in this Agreement is intended to disclaim or limit the Bank’s responsibility for third-party service providers to the extent required under applicable law or supervisory guidance.    

 

As part of the Bank’s enrollment process and to use the Service, you must agree to the terms and conditions in the Consumer Online and Mobile Banking Agreement. Your decision not to consent will not affect your ability to obtain any other products or services from the Bank, except for Services that are inherently electronic in nature.   

 

The Service includes, but is not limited to: 

 

• Access via mobile applications (including push notifications and in-app messaging); 
• Account viewing and transfers (ACH and wire origination); 
• Bill pay; 
• Person-to-person payments (including through Zelle® and similar networks);
• Mobile remote deposit capture; 
• Cardhub® and card-management features (card controls, card freezing, tokenization); 
• Goal Builder and personal financial management features (including MX PFM and similar aggregation services); 
• Shared-account access and delegated access; 
• Biometric and multi-factor authentication options; and, 

 

Not all services may be available to all customers. The Bank reserves the right to modify, add, or discontinue any aspects of the Service at any time with or without notice to you, and as permitted by Applicable Law. Certain services or features are provided by third-party vendors, and your use of those services requires your affirmative acceptance of those additional terms, vendor privacy practices, and disclosures. You will be presented with such additional terms before accessing these features, and your affirmative acceptance will be required to proceed. While the Bank remains responsible for oversight of its service providers as required by Applicable Law, the Bank does not control the day-to-day operation of those third-party systems and is not responsible for interruptions or errors arising from causes outside the Bank’s reasonable control. 

You will have a reasonable opportunity to review, save or print a copy of these terms before you are bound by them. You acknowledge that such third-party services are provided by parties that are distinct and independent from the Bank. The Bank oversees third-party vendors under its third-party risk-management program. 

 

Additional Feature-Specific Terms are set forth in Appendix A (Feature-Specific Terms for Consumer Digital Banking). Appendix A applies only to the specific features you enroll in or use. Appendix A is not incorporated into this Agreement unless: (i) the applicable terms are presented to you within the Service at the time you first access the related feature, and (ii) you affirmatively accept those terms. Terms for features you do not enroll in, or do not affirmatively accept, do not apply and do not modify your rights or our obligations under applicable law. FOR THE AVOIDANCE OF DOUBT, APPENDIX A TERMS DO NOT APPLY UNLESS AND UNTIL YOU AFFIRMATIVELY ACCEPT THEM WITHIN THE SERVICE. 

 

The Bank of Fayetteville 

 

The Bank may operate using its registered fictitious name, “The Bank of Fayetteville,” as authorized under applicable law. Deposits at The Bank of Fayetteville® are FDIC-insured under the Bank’s FDIC Certificate #16216 and are not separately insured by the FDIC. 

 

You acknowledge and understand that the Bank offers certain products and services under its fictitious business name, “The Bank of Fayetteville,” and that such products and are, in fact, provided by The Farmers & Merchants Bank®.  All deposit accounts offered under either name are combined for FDIC insurance coverage purposes, and are not separately insured. The Farmers & Merchants Bank®, The Bank of Fayetteville®, and Me Banking® (including logos of each) are registered trademarks owned by the Bank and its affiliates, as applicable. The Bank is a state-chartered member of the Federal Reserve System supervised by the Arkansas State Bank Department and the Board of Governors of the Federal Reserve System. 

 

CONSENT 

 

By selecting “I Accept” to this Disclosure, you are agreeing to the terms and conditions applicable to your use of the Service, as further described below in the Bank’s Consumer Online and Mobile Banking Agreement. 

 

THE FARMERS & MERCHANTS BANK CONSUMER ONLINE AND MOBILE BANKING AGREEMENT

 

Introduction

 

This Consumer Online and Mobile Banking Agreement (“Agreement”) is entered into and effective as of the date you first enroll in or access the Service (the “Effective Date“) and is between you (a natural person using this Service for personal, family, or household purposes) and The Farmers & Merchants Bank, an Arkansas-chartered bank (the “Bank”, “we”, “our” or “us”). 

 

This Agreement governs your access to, and use of, the Bank’s Online Banking platform as facilitated, in part, through Candescent digital banking, which is provided by Digital First Holdings, LLC (d/b/a Candescent) (the “Service” or “Online Banking”), and offered by the Bank. Your use of those functions may be subject to additional terms and disclosures provided within the Candescent application (including the separate end-user terms displayed within each Candescent-powered feature). When a feature requires acceptance of additional terms, those terms will be presented to you at the time of use. Only those third-party terms you affirmatively accept are incorporated into this Agreement.

 

This Agreement addresses, among other things, transactions that you may initiate with or request from the Bank through the Service, including electronic fund transfers, or EFTs (“Online Transactions”). This Agreement supplements terms and conditions that apply to your deposit or loan accounts at the Bank that you may access through Online Banking (“Accounts”), and should be read together with the terms and conditions governing your Account(s). By enrolling in, or using, the Service, you agree to be bound by this Agreement and any applicable disclosures, schedules, or appendices, including Appendix A (Feature-Specific Terms for Consumer Digital Banking) to this Agreement, as each may be amended from time to time, subject to the notice provisions set forth herein and, for changes affecting electronic fund transfers, the timing and content requirements of Regulation E (12 C.F.R. § 1005.8). If you do not agree to this Agreement or any amendments thereto, you must immediately discontinue use of the Service. 

 

In the event of conflict between this Agreement and any Account agreement or loan agreement, the terms of this Agreement will control with respect to matters expressly governed by this Agreement. This includes but is not limited to electronic access, online transactions, and electronic fund transfers; otherwise, the specific terms governing the underlying Account will control. Notwithstanding the foregoing, to the extent any provision of this Agreement or any other agreement conflicts with applicable federal or Arkansas law, including but not limited to the Electronic Fund Transfer Act (15 U.S.C. § 1693, et seq.) and Regulation E (12 C.F.R. Part 1005), such law shall control. Each time you access or use the Service, you acknowledge and confirm your agreement to the terms and conditions in this Agreement.  

 

The Service permits you to perform a variety of banking functions involving your Accounts that are linked to the Service through the use of a personal computer, mobile device, or other Internet-enabled access device. You agree to be bound by the terms and conditions applicable to Online Banking and to any associated features that you elect to use, including Bill Payment Service, eStatements Service, Zelle® Person-to-Person Payments, Mobile Remote Deposit Capture, and Goal Builder Savings Tools, MX Personal Financial Management, Notifi Alerts, Direct Connect (QuickBooks / Quicken), and tax-preparation integrations (e.g., TurboTax). Bill payments may be initiated only from eligible transaction accounts as defined by Bank policy. Savings accounts, money market accounts, certificates of deposit, IRAs, lines of credit, and loan accounts are not eligible for bill payments. These limitations are Bank policy and are not based on federal transfer-limitation rules. The Service includes access via Internet browser, mobile or tablet application, or any other digital interface provided by the Bank or its third-party service providers. Availability of each feature depends on your enrollment and requires your separate affirmative acceptance of Feature-Specific Terms presented as part of the Service.

 

Additional consumer features include domestic wire transfers, external transfers, external loan payments (paying Bank loans from other financial institutions), check reordering, CardHub® card controls and tokenization, and shared- or delegated-access functionality. 

 

The ‘See What They See’ feature provides Bank personnel with temporary, view-only access to the information currently displayed on your screen. Before a session begins, you will be shown a notice and must provide explicit, one-time consent. Sessions may be recorded for audit, fraud-prevention, and security purposes. Bank personnel cannot view your passwords, authentication codes, or stored credentials, and will never request them. Bank personnel cannot initiate or complete any transaction on your behalf as part of this feature. You may end the support session at any time, and revocation is effective immediately.

 

Please be advised that the Bank logs each support session for security and audit purposes and handles all information viewed during the session in accordance with the Bank’s Information Security Program and its obligations under the federal privacy laws and regulations. Your statutory rights, including your rights and our obligations under Regulation E (12 C.F.R. Part 1005) with respect to unauthorized electronic fund transfers, are not affected by your use of this feature.

 

Use of the Service is also subject to the Bank’s Privacy Policy and Online Privacy Notice, available at: www.gofm.bank. The Bank will notify you if locations for these materials change.

 

The Bank strives to make the Service reasonably accessible to users with disabilities, consistent with applicable law, including the Americans with Disabilities Act. The Service is designed to function with commonly used assistive technologies, such as screen-reader tools supported by major browsers and operating systems. Some third-party or device-specific assistive technologies may not be fully compatible with all components of the Service. Because assistive technologies vary, the Bank cannot guarantee compatibility with every third-party tool or device. If you experience any difficulty accessing the Service, please contact the Bank, so we may provide reasonable assistance or alternative means of access. If you are unable to access any material portion of the Service due to a disability or accessibility limitation, the Bank will provide the information in an alternative format upon request.   

 

The Bank will make reasonable efforts to accommodate accessibility needs. We may introduce, modify, or discontinue features. When a change materially affects your rights or obligations, we will provide notice as required by Applicable Law, including Regulation E (12 C.F.R. Part 1005) for EFT‑related changes. Continued use after such notice constitutes acceptance unless affirmative acceptance is required. Nothing in this Agreement alters your non-waivable rights under Applicable Law concerning unauthorized transfers or error-resolution procedures, or any other statutory rights afforded to you by law or regulation.

 

The Bank or Candescent may, from time to time, introduce additional features in relation to the Service. The Bank will provide you with notice of material changes to the Service or this Agreement as required by Applicable Law. Your continued use constitutes acceptance only for Bank-originated updates that do not require affirmative acceptance under Applicable Law. Feature-Specific Terms applicable to particular digital-banking functions are contained in Appendix A (Feature-Specific Terms for Consumer Digital Banking), which forms an integral part of this Agreement.

 

Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have the meanings assigned in the “Definitions” section below. 

 

This Agreement does not govern or address transfers you may make in person at a Bank branch, through a telephonic individual voice response system (“IVR”), or through an automated teller machine (“ATM”). Such transactions are governed by your Deposit Account Agreement and other applicable agreements with the Bank. The Bank is providing you with this Agreement in accordance with, and it is subject to, Applicable Law (including Regulation E (12 C.F.R. Part 1005), which implements the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.)), and related guidance. Please read this document carefully as it discusses your rights and responsibilities when enrolling in the Service and when conducting Online Transactions through the Service. 

 

By proceeding to use the Service, you acknowledge that you have received, read, and understood this Agreement, and you agree to be bound by all terms and conditions set forth herein associated with your use of the Service, including any online transactions you initiate through the Service. If you do not agree to these terms, you must not use the Service. 

 

We recommend that you print or electronically store a copy of this Agreement for your records. You may also view this Agreement at any time on the Bank’s website at: www.gofm.bank. 

 

General Consumer Provisions and Terms  

 

This Agreement applies to Consumers, meaning natural persons who use the Service for personal, family, or household purposes, and describes the general terms and conditions applicable to all use of Online Banking.

 

1. Compliance. You and the Bank each agree to comply with: (i) all Account agreements governing your Accounts; and (ii) all Applicable Laws, regulations, rules, and orders that apply to that party’s use or provision of the Service. Without limiting the foregoing, the Bank will comply with all applicable rules, regulations, operating guidelines, and policies of the National Automated Clearing House Association (“NACHA”), the Uniform Commercial Code (“UCC”), the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) regulations and requirements (31 C.F.R. Chapter V), and all applicable laws, regulations, and orders administered by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) in connection with providing the Service. You agree that you will not use the Service in any manner that would cause you or the Bank to violate any such laws, rules, or regulations, including sanctions, anti-money laundering, and funds-transfer requirements. The Bank will comply with Regulation E (12 C.F.R. Part 1005) for consumer electronic fund transfers and Regulation CC (12 C.F.R. Part 229) for funds-availability matters. You agree to cooperate with our policies and procedures for customer identification, beneficial ownership, suspicious-activity monitoring, and anti-money-laundering compliance, including, among other things, by providing information we reasonably request.

 

2. Service Providers. We provide the Service through authorized third-party service providers (“Service Providers”), including Candescent and other third-party vendors that support bill payment, card management, mobile deposit, personal-finance tools, authentication, and similar functions. Service Providers act on our behalf and under our oversight, and the Bank remains solely responsible to you for the Service and for compliance with all Applicable Laws. Nothing in this Agreement limits any rights you may have under federal or state consumer-protection laws against the Bank or any Service Provider, nor does it waive or disclaim any statutory rights. This Agreement does not create third-party beneficiary rights in any Service Provider. The term “Service Provider” and certain other capitalized terms are defined in the Definitions section below.
3. Customer Identification Program. Federal law requires all financial institutions to obtain, verify, and record information identifying each customer who opens or maintains an account or service relationship. You agree to provide us with any and all information that we reasonably request to comply with Applicable Law and as may be required by our policies and procedures pertaining to customer identification, beneficial-ownership certification, and verification. Your failure to provide such information may result in denial or termination of Service access, subject to any notice requirements under Applicable Law and the terms of your Account Agreements. 
4. Fees and Charges. You agree to pay fees and charges for your use of the Service as set forth in the Bank’s Fee Schedule provided to you at the time of account opening or upon enrollment in the Service, and as may be amended from time to time with advance notice to you. All such fees and charges will be automatically deducted from the checking Account you designate as the “Primary Checking Account.” You authorize the Bank to make such deductions without further authorization from you. If you close your Primary Checking Account, you must contact us immediately to designate another Account as your Primary Checking Account. If you fail to designate a replacement Primary Checking Account within thirty (30) days of closing your Primary Checking Account, the Bank reserves the right to designate another eligible account from which to deduct fees or to suspend the Service until a new Primary Checking Account is designated. The Bank will provide you with written notice of any such designation or suspension. We will not deduct Service fees from any non-transaction accounts (e.g., certificates of deposit, IRAs, etc.) unless you affirmatively designate such account. 

You agree to pay all additional charges for services you request that are not covered by this Agreement. Please consult the Bank’s Fee Schedule for information on other account-related charges, including non-sufficient funds, stop-payment, or wire-transfer fees. You acknowledge and agree that you are solely responsible for all telephone, data, and Internet-service fees incurred in connection with your use of Online Banking, including any charges imposed by third-party telecommunications or Internet service providers, and that such fees are separate from and in addition to any fees charged by the Bank for the Service. The Bank is not responsible for any fees or charges billed to you by your Internet or mobile-service provider.

5. Customer Acknowledgement. Except as otherwise provided in this Agreement, you are responsible for transfers and payments that you authorize. You are responsible for Online Transactions initiated by persons to whom you have granted access or shared credentials, except to the extent such transactions constitute unauthorized electronic fund transfers under Regulation E (12 C.F.R. Part 1005). You will not be liable for unauthorized transfers that you report in accordance with the timeframes specified in Regulation E. Subject to the terms of this Agreement and Applicable Law, we may rely on and act upon any transfer instructions that we receive if we verify the instructions in accordance with the Security Procedures and Applicable Law.

 

You acknowledge and understand the importance of your role in safeguarding your Accounts and access credentials to prevent misuse of your Accounts through Online Banking. You agree that it is your sole responsibility to protect the confidentiality of your Account and Account number, login credentials, the Security Procedures, and your personal identification information (such as your driver’s license number, Social Security number, date of birth, or taxpayer-identification number). You should not use a public or shared computer to access Online Banking. You agree that if you access the Service from a computer other than your own (such as a public computer terminal at a library or Internet café), you will not leave the computer unattended while logged in or otherwise using the Service. You also agree that, in such situations, you will always end your session using the Service by clicking on the “LOG OFF” button located at the top right-hand corner of the screen. You agree and understand that the Bank will not be liable for any losses that may result from your failure to follow these security provisions or to maintain adequate device security, except to the extent such losses constitute unauthorized electronic fund transfers under Regulation E or as otherwise may be required by Applicable Law. Notwithstanding the foregoing, the Bank’s liability limitations do not apply to unauthorized electronic fund transfers to the extent you are protected under Regulation E (12 C.F.R. Part 1005). Responsibilities for protecting your credentials and reporting unauthorized transactions are described in the Security Procedures and Error Resolution sections below. 

 

Your liability for unauthorized electronic fund transfers is limited as set forth in Regulation E (12 C.F.R. Part 1005) and is described in detail. Your liability for unauthorized electronic fund transfers generally will not exceed $50 if you notify us within two (2) Business Days after learning of the loss or theft of your access device or code. Your liability may be up to $500 if you fail to notify us within two (2) Business Days but do notify us within sixty (60) calendar days after we send you the statement showing the unauthorized transfer. If you fail to notify us within sixty (60) calendar days after we send you the statement, you may be liable for all unauthorized transfers that occur after the sixty- (60) day period and before you notify us, if we can prove that we could have prevented those transfers had you notified us in time. These liability limits are set forth in Regulation E (12 C.F.R. § 1005.6) and in this Agreement. These liability limits apply only to unauthorized electronic fund transfers involving an access device, as defined in Regulation E. Other types of unauthorized transfers are governed exclusively by Regulation E’s error-resolution framework.

6. Your Communications with The Farmers & Merchants Bank. Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: 

• Email: info@gofm.bank 

 

• Telephone: 1-877-889-0100

 

• Postal Mail: 708 S. Main Street, P.O. Box 1010, Stuttgart, Arkansas 72160

 

• Text Message: Text the word “HELP” to 96924 for assistance with text message features. 

 

• In Person: you may visit us in person at any one of our branch locations or at one of our Interactive Teller Machines (“ITMs”). 

 

If you believe your credentials or account information have been compromised, you must immediately contact the Bank to minimize your potential losses. Because Internet email is not secure, you must not include Account numbers, Social Security numbers, or other sensitive information or personally identifiable information in email communications. Please be advised that not all emails may arrive at their intended destinations. Therefore, if you email the Bank, a Bank representative will use reasonable efforts to reply to you via return email to confirm receipt, but we do not guarantee confirmation of all emails received. 

 

For time-sensitive matters, including reporting unauthorized transactions or errors, you must use telephone contact or secure messaging through the Service rather than unsecured email. Please provide your name, address, a phone number where you can be reached, and a brief message regarding your issue. This is all the information we require to initially assist you. You may also send secure messages through the Service once logged in, and these messages are encrypted in transit and are the preferred method for account-specific communications. Because Internet email is not a secure or monitored channel for reporting errors, you should not rely on email to report unauthorized electronic fund transfers or errors under Regulation E. Notice is effective for Regulation E purposes when you contact us using the telephone number or mailing address we designate for error resolution, or by using secure messaging within the Service, as described in the Error Resolution section below.

 

7. Notices to You. You agree that we may provide notices and disclosures to you in any of the following ways:

 

1. By posting them on our Site; 
2. By sending an in-product message or push notification through the Service; 
3. By email, to the address you have provided us; 
4. By postal mail to your mailing address of record that you provided us, or by sending it as a text message to any mobile phone number you have provided us. This includes, but is not limited to, the mobile phone number you have listed in your Service setup or customer profile. For notices required by Regulation E (12 C.F.R. Part 1005), we will provide such notices in a form that you can retain (paper or electronic, as you have elected pursuant to the E-Sign Act). You agree to promptly notify us of any change to your email address, mailing address, or mobile phone number. Please note that failure to maintain current contact information may result in your not receiving important notices, including notices of unauthorized transactions, which could affect your liability under Applicable Law. 

 

Notices we may provide include, but are not limited to, confirmations of processed payment instructions, validation alerts, notices of received payments, changes to this Agreement, fee schedules, privacy notices, and error resolution notices. All electronic or in-Service notices shall be deemed delivered upon transmission or, if posted to the Service, upon the earlier of actual receipt or twenty-four (24) hours after posting; notices by postal mail shall be deemed delivered three (3) Business Days after mailing.

 

You may request a paper copy of any legally required disclosure or statement by contacting us as described in Section 6 (Your Communications with The Farmers & Merchants Bank) above. Please note that we will not charge for any disclosures or statements that we are legally required to provide free of charge under federal or state law.

 

You may withdraw your consent to receive electronic disclosures by contacting us as described above. Withdrawal of consent will result in termination of your Online Banking access. We reserve the right to terminate Online Banking if you withdraw consent to electronic delivery, as electronic delivery is a condition of enrollment under this Agreement. At the time that you consent to electronic delivery (or prior to such time if applicable), we will clearly disclose the procedures for withdrawal, any fees that may apply, and the consequences of withdrawal, including the termination of Online Banking and the requirement to receive paper statements and notices. Upon request, we will provide this information again.

 

You agree to notify us promptly of any change in your mailing address, email address, or mobile number; no change is effective until we have had a reasonable opportunity to update our records, which will generally be within three (3) Business Days of receipt of your notice. Unless Applicable Law provides otherwise, notice to any one Account owner shall constitute notice to all Account owners. Notice to an authorized user shall not constitute notice to Account owners unless the authorized user is also an Account owner.

8. Text Messages, Calls, and Emails to You. By providing us with any telephone number (including a wireless or mobile telephone number) or email address, and by enrolling in Online Banking, you expressly consent to our contacting you and/or our authorized Service Providers contacting you at the number or address for ordinary business purposes, including but not limited to identity verification, security authentication, account servicing, fraud prevention, collection of amounts owed, and transactional or informational messages related to your account(s). Your consent to receive such calls, texts, or emails (including any made using an automatic telephone dialing system or prerecorded/artificial voice) is voluntary and is not a condition of obtaining or maintaining any account, product, or service from the Bank. You expressly consent to communications made using live calls, prerecorded or artificial voice messages, text messages (SMS/MMS), emails, or INCLUDING, WHERE PERMITTED BY LAW, THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), in accordance with the Telephone Consumer Protection Act (47 U.S.C. §§ 227, et seq.). 

You understand that: 

• Standard text-messaging and data rates charged by your mobile carrier may apply, and you are solely responsible for all such charges. The Bank is not responsible for any charges imposed by your mobile carrier or for any delays or failures in message delivery caused by your mobile carrier or service interruptions. 

 

• You may revoke this consent to receive calls, texts, and emails at any time by notifying us in writing at: 708 S. Main Street, P.O. Box 1010, Stuttgart, Arkansas 72160, by calling us at: 1-877-889-0100, or by replying “STOP” to any text message. Revocation will be effective within a reasonable time after we receive your request, but may not apply to messages already in transit. 

 

• We will not use an ATDS or prerecorded or artificial voice messages to contact you for marketing purposes without your separate express written consent obtained in compliance with the Telephone Consumer Protection Act (47 U.S.C. § 227, et seq.). Revocation of consent under the TCPA for calls or texts does not affect your enrollment in Online Banking.

Please review the Bank’s Privacy Policy for additional information about how we collect, use, and share contact information. 

9. Your Login ID, Password and Other Security Procedures. You will be required to use a unique Login ID and password you selected each time you access Online Banking. We may rely on these credentials and on any other authentication factors we implement from time to time (collectively the “Security Procedures”) to authenticate your identity and authorize transactions. You acknowledge and agree that the Security Procedures are commercially reasonable for the purposes of this Agreement and are designed to verify the authenticity of payment orders and protect against unauthorized transactions. For consumer electronic fund transfers, however, your rights and our obligations are governed by Regulation E (12 C.F.R. Part 1005) regardless of the Security Procedures, and nothing in this Agreement or in the Security Procedures limits any non-waivable rights you have under Applicable Law. 

 

We will provide you with reasonable notice of any material changes to Security Procedures. You agree to protect and safeguard all Security Procedures and maintain them in strict confidence, and immediately notify us if you suspect or become aware of any loss, theft, unauthorized use, or compromise of your Security Procedures. You can notify us by calling 1-877-889-0100 or by using the secure messaging feature within Online Banking. Prompt notification is essential to limit your liability for unauthorized transactions as provided under Applicable Law. If you permit another person to use your credentials or device (including any stored biometric profile), you authorize that person to act on your behalf as your authorized agent and you are responsible for all resulting transactions until you revoke such authorization in writing, we receive such written revocation, and we have had a reasonable opportunity to act on your notice (generally three (3) Business Days). You remain liable for all transactions initiated before we implement such revocation, subject to Regulation E and Applicable Law. 

 

Security Procedures: The following Security Procedures apply to access by all customers, except as otherwise expressly provided, to the Bank’s Service, including but not limited to the mobile banking feature of Online Banking. The Bank may issue new Security Procedures and/or cancel or change any Security Procedures from time to time. Security Procedures are designed to authenticate your identity and protect your Accounts. They do not shift liability to you for unauthorized EFTs under Regulation E (12 C.F.R. Part 1005), and nothing in this Agreement alters your rights or our obligations under Applicable Law.

 

Except as expressly provided otherwise, the following Security Procedures apply to all Online Banking Service customers:

 

• Login ID: This is the electronic identification (in letters, numerals and special characters) associated with each user of the Online Banking Service that will be used for log-in.

 

• Password: Each Online Banking user of the Service will also be required to have a unique password known only to the user. Passwords are confidential, case-sensitive and must meet certain requirements including but not limited to minimum and maximum length and types of characters, as further described in the Online Banking system. Each user is strongly recommended to change his or her individual password periodically for security purposes, and we may require password changes if we detect security risks or after certain security events. Login IDs and individual passwords must not be shared with any other person or entity.

 

• Multi-Factor Authentication (MFA): In addition to your Login ID and password, Online Banking uses MFA measures such as device-based cookies, one-time passcodes (delivered via SMS, email, or voice), geo-location analysis, and device-fingerprint heuristics. The Bank may require additional authentication when risk factors or unusual activity are detected, and may deny or delay transactions if additional authentication cannot be completed. Failure to complete additional authentication steps may result in temporary or permanent suspension of Online Banking access. You may disable biometric authentication at any time within your device settings or within the Service. If you disable biometrics, you may continue to access the Service using your password and other Security Procedures. We will not require biometric authentication as a condition of using the Service

 

• Enhanced Log-in Security: Enhanced log-in security incorporates an additional multi-part credential for each user of Online Banking to verify identity authentication that may include, but is not limited to, additional log-in security features such as security cookies, flash objects, and one-time pass-codes. The enhanced log-in security will require each user of Online Banking to establish and utilize, in addition to individual Login IDs and passwords, his/her own individual authentication by selecting a preferred out-of-band delivery channel for one-time pass-codes that may be required from time to time at log-in. These log-in pass-codes may be delivered to users via email or such other method as Bank may offer from time to time, including but not limited to delivery to a designated phone or Mobile Device, as applicable, either by voicemail or SMS text. Monitoring of system access may also include follow-up confirmation from Bank staff to confirm the legitimacy of online activity in cases of activity meeting certain criteria as defined within the Bank’s fraud and security monitoring platforms. The Bank may temporarily suspend transactions or access pending such confirmation for a period not to exceed two (2) Business Days unless we have reasonable cause to believe fraudulent activity has occurred, and you agree to respond promptly to any such inquiries.

 

• Minimum System Requirements: Online Banking is designed to operate using the latest operating system and browser combinations. It is important for you to keep your Computer’s operating system and browser version current to ensure maximum security and user experience. Requirements to access Online Banking are in addition to the Computer requirements described in this Agreement, and the recommendations available at the Online Banking Service website and associated web pages, including but not limited to the following:

 

• Update the Computer operating system ;

 

• Keep the browser current;

 

• Install anti-virus software and anti-spyware software;

 

• Change passwords on a regular basis; and, 

 

• Do not click links inside spam email, especially emails claiming to offer anti-spyware software. 

 

Social Engineering Awareness: Malicious actors may attempt to impersonate the Bank or another third party in an attempt to convince you to share information regarding your account or personally identifying information that they can then use to access your financial data or conduct activity on your accounts. Malicious actors may accomplish this by “spoofing” or impersonating phone numbers, email addresses, etc., belonging to the Bank or other third parties. You are responsible for maintaining an awareness of social engineering techniques to avoid falling victim to such activity. In any instance where there is a reasonable basis to suspect you have been contacted by a malicious actor impersonating the Bank or another third party seeking your private information, you should refrain from providing your information and immediately terminate the communication. Then you should contact the Bank’s Customer Service at: 1-877-889-0100 to confirm whether the Bank is attempting to contact you. The Bank will never ask for any additional information beyond the minimum information required to identify you as a customer and locate your account details. 

 

• Additional Security Points: If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us immediately by calling 1-877-889-0100 and following the procedures outlined in Section 6 (Your Communications With Farmers & Merchants Bank) above. The timeliness of your notice affects your liability for unauthorized transfers under the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) and Regulation E (12 C.F.R. Part 1005). 

 

Lost or Stolen Credentials: If you believe your credentials have been lost, stolen, or compromised, or that someone may use them without your consent, immediately call 1-877-889-0100 and contact us as outlined in Section 6 (Your Communications With Farmers & Merchants Bank) above. The timeliness of your notice affects your liability for unauthorized transfers under Applicable Laws.  

 

The Security Procedures are designed to verify your identity and protect against unauthorized transactions. For consumer electronic fund transfers, your rights and our obligations are governed by the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005), and nothing in this Agreement limits your non-waivable rights under Applicable Law. While we expect you to exercise reasonable care in protecting your information, your rights for unauthorized EFTs under Regulation E (12 C.F.R. Part 1005) are not waived or reduced if you are the victim of a scam or social-engineering attack.

 

10. Alerts.Your enrollment in the Bank’s Service may include enrollment to receive electronic alerts and notifications (“Alerts”). Your consent to receive Alerts electronically satisfies any requirement that such communications be provided in writing. Alerts are electronic notices containing transactional or security-related information about your Farmers and Merchants Bank account(s). Alerts fall in 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. These Mandatory Alerts are required for security purposes and cannot be disabled while you maintain access to Online Banking and Mobile Banking services.

• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. 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 are optional notifications you may enable in Online Banking or Mobile Banking. These Additional Alerts can be accessed from the Alert menu within Online Banking and Alert menu within 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, modify or cancel old Alerts, as permitted by Applicable Law. We usually notify you when we cancel Alerts, but are not obligated to do so. We reserve the right to terminate our Alerts service at any time with or without prior notice to you, except where prior notice is required by applicable law.

Alerts are not real-time account monitoring tools and may be delayed, inaccurate, incomplete, or not delivered. Alerts do not replace your obligation to review periodic statements as required by Regulation E (12 C.F.R. Part 1005) and this Agreement. Failure, delay, or non-receipt of an Alert does not extend any time period for reporting unauthorized electronic fund transfers or errors under Regulation E (12 C.F.R. § 1005.11). You remain responsible for monitoring your accounts through periodic statements and online banking access.

Alerts are provided for your convenience and do not replace your obligation to review your account statements and transaction history promptly. Delivery of Alerts is subject to the capabilities and reliability of your mobile carrier, Internet service provider, and equipment, and we do not guarantee that Alerts will be sent or received in real time, or at all. An Alert may be delayed, misdirected, or not delivered due to technical issues beyond our control. We are not responsible for losses that result from your reliance on an Alert in lieu of timely reviewing your statements or from any failure, delay, or mis-delivery of an Alert, except to the extent required by Applicable Law (including Regulation E for unauthorized electronic fund transfers).

11. Methods of Delivery.We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by SMS text message; (b) a mobile device, by push notification; (c) email to an address you provide; or, (d) secure message within the Online Banking message inbox. You are responsible for ensuring that your chosen EndPoints are accurate, functional, and secure, and for promptly notifying the Bank of any unauthorized access to or use of your EndPoints. You acknowledge and agree that standard messaging and data rates charged by your wireless carrier or internet service provider may apply to all Alerts, and you are solely responsible for all such charges. If your contact information changes, you must promptly update it; Alerts will reflect your new information once processed.

12. Alerts via Text Message. To stop receiving Alerts via text message, text “STOP” to 96924 at any time. This will not affect Alerts delivered by email or within Online Banking. To restore text Alerts on your mobile phone, sign in and re-enable them in the Alerts menu. For assistance, text “HELP” to 96924 or call customer service at: 1-877-889-0100. Participating carriers include (but are not limited to) AT&T, T-Mobile®, Verizon Wireless, and others. Standard message and data rates charged by your carrier will apply to all text messages sent and received in connection with this service. Your consent to receive text Alerts is voluntary and is not a condition of obtaining any product or service from the Bank
13. Limitations. Alerts are provided solely as a convenience to you and for informational purposes only. Alerts do not constitute official bank records. We endeavor to provide timely, accurate Alerts but delivery and content may be delayed or affected by your network provider, Internet service, or other factors beyond our control. We do not guarantee delivery or accuracy, and you agree not to hold the Bank, its officers, employees, agents, or Service Providers liable for any losses or damage arising from or related to: (a) delayed, failed, or misdirected Alerts; (b) inaccurate or incomplete Alert content; or (c) your reliance on, or use of, any Alert information. Nothing in this section alters your rights or affects our obligations to you under Applicable Law. Alerts are not a substitute for periodic statements, and do not modify, trigger or extend any reporting errors (e.g., Regulation E Error Resolution), deadlines or otherwise affect unauthorized transfers under Regulation E (12 C.F.R Part 1005). 
14. Alert Information. Alerts delivered via SMS, email, or push notification are not encrypted. Although we will never include your password or full account number, Alerts may contain your name and limited account information (e.g., last four digits). Anyone with access to your device or email account may view them. By enabling Alerts, you acknowledge these risks and consent to the transmission of such information. For more information, please refer to our Privacy Policy and Online Privacy Notice.
15. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Enrollment in or continued use of the Service is conditioned on our ability to verify your identity and other information. You authorize the Bank to obtain and verify information about you, including credit and consumer-reporting data, account history, and identity-verification records, from credit bureaus (e.g., Equifax, TransUnion) and other lawful sources at our expense for purposes of opening, reviewing, servicing, or collecting on your Accounts or the Service, and for fraud-prevention and identity-verification purposes. Any use of such information will comply with Applicable Laws. We may share this information with our Service Providers and other third parties acting on our behalf solely to support your transactions with us and for identity-verification and fraud-avoidance purposes, in accordance with our Privacy Policy to the extent permitted by Applicable Law and carrier policies. 

We do not sell your personal information. Consistent with our Privacy Policy, you authorize the Bank and its Service Providers (including Candescent and any data-aggregation, payment-network, or card-management vendors) acting on our behalf and subject to contractual confidentiality and use limitations to collect, use, and retain personal information about you (including financial information and transaction history regarding your Eligible Transaction Account) for ordinary business purposes, such as:

• Authenticating you when you log in or transact; 
• Maintaining your access to the Service; 
• Managing fraud screening, transaction limits, and risk controls; 
• Complying with laws, regulations, court orders and government requests; 
• Performing collections, dispute resolution, and error investigations; 
• Performing data analytics, service improvements, and system testing; and, 
• Protecting our rights, property and the integrity of the Service. 

The Bank and its Service Providers may retain data after termination or expiration of this Agreement only as permitted by law for risk-management, regulatory, audit, or fraud-prevention purposes, including unauthorized transactions, claims or other liability. Information may also be used in aggregated or de-identified form for statistical modeling, pattern recognition, enhancement and improvement, or system-performance analysis. 

 The following provisions in this Section apply to certain Services:

1. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity-verification and fraud-avoidance purposes.
2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third-party service providers and fraud-management vendors, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud-management and prevention services, subject to the limitations in our Privacy Policy and Applicable Law. These include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. We will not share with third-party service providers any information that personally identifies the user of the applicable device, except as required by law.

 

16. Disclosure of Information. We respect your right of privacy. Information about your Accounts or any transactions will not be disclosed to third parties except in accordance with this Agreement, applicable law and our Privacy Policy, including the Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801, et seq.), Right to Financial Privacy Act (12 U.S.C. §§ 3401, et seq.), and relevant regulatory guidance, or with your express consent. Please see our Privacy Policy and Online Privacy Notice for details and additional information on how we collect, use and share your information. 
17. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. Electronic viewing within the Service satisfies any requirement to provide written receipts or periodic confirmation, except where paper documentation is specifically required by law, or you have not provided consent to electronic delivery under the E-Sign Act. You agree to review your transactions electronically instead of receiving receipts by mail, except where Regulation E requires written documentation to be provided in a specific manner.
18. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy and Online Privacy Notice in order to better understand our commitment to maintaining your privacy, as well as how we collect, use, share and safeguard your information, and your right to opt out of certain disclosures under Regulation P (12 C.F.R. Part 1016). 
19. Privacy of Others.

• If you receive information about another person through the Service, you agree to keep the information strictly confidential and only use it in connection with the Service. Unauthorized disclosure or use of such information may violate federal or state privacy laws. 
• The Bank is committed to protecting the privacy of children. Our online banking services, website, and mobile applications are not intended for use by individuals under the age of thirteen (13). We do not knowingly collect, maintain, or use personal information from our website or online services about children under age 13.
• If a parent or guardian becomes aware that a child under 13 has provided us with personal information without parental consent, please contact us immediately at [Phone Number/Email]. We will take steps to delete such information from our servers as soon as possible.

20. Overdrafts; Set-off. The Bank’s payment of any overdraft is discretionary and does not create an obligation to pay future overdrafts, regardless of the number of overdrafts we have previously honored. We may, but are not obligated to, complete any transaction initiated through the Service if your Account does not contain sufficient Available Funds at the time we process the transaction. Honoring one or more overdrafts does not establish a course of dealing or any agreement to provide overdraft services.

 

If you have an “Overdraft Protection” feature linked to your Account, any check or debit that overdraws the Account will be honored up to your available credit limit. You are responsible for repaying any overdraft and any associated fees immediately upon demand, except as required by Applicable Law. Overdraft fees are disclosed in our Fee Schedule, and we will provide notice of overdraft fees as required by Regulation E (12 C.F.R. § 1005.17). If an Overdraft Protection transfer draws on a credit line, that advance is governed by your credit agreement and Regulation Z (12 C.F.R. Part 1026).

 

Coverage of ATM and one-time debit-card overdrafts is governed by your separate Regulation E Opt-In Notice (Model Form A-9). Nothing in this Agreement alters your opt-in or opt-out choices for such transactions. We may debit any other Account you maintain with us to cover a negative balance, subject to any right of setoff and Arkansas law regarding setoff and account holds, except for accounts containing funds that are exempt from setoff (e.g., federal benefit payments protected under 31 C.F.R. Part 212) under federal or state law. Except as prohibited by law, we may exercise our right of setoff or enforce any security interest in collateral securing your obligations under this Agreement without prior notice to you, as permitted by law.

 

21. Customer Liability for Unauthorized Transfers. You must notify us immediately upon discovery of any unauthorized access, transaction or Payment Instruction. You acknowledge and agree that time is of the essence in such situations. You agree to communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms (Your Communications With The Farmers & Merchants Bank) above. Liability caps are discussed throughout this Agreement and these limits apply only to “consumer accounts” as defined in Regulation E (12 C.F.R. Part 1005). 

 

Please note that wire transfers and certain business transfers are governed instead by UCC Article 4A (as adopted by Arkansas) and the Security Procedures in Section 9 of this Agreement. These may provide different allocation of risk than Regulation E. 

22. Payment Methods and Amounts. We may establish dollar or volume limits for payments or transfers made through the Service. These limits may vary by Service type, funding account, or user profile and may change with notice as required by Arkansas law. Your limits may be adjusted from time-to-time in our sole discretion, subject to reasonable notice as required by Arkansas law, except where immediate adjustment is necessary to prevent fraud, comply with legal requirements, or address material changes in your creditworthiness or risk profile. You agree to provide financial information or documentation upon our reasonable request to assist in evaluating your eligibility and exposure, and to enable us to evaluate our exposure or risk and establish any transaction limits that may apply for your use of the Service. We will limit our requests to information reasonably necessary for such evaluation and will handle all financial information in accordance with applicable privacy laws, including the Gramm-Leach-Bliley Act and its implementing federal regulations. 

For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Providers reserve the right, and may select the method used to remit funds, including electronic debit, paper check, or other form of funds transfer. If your designated Account is closed or otherwise unavailable, we may use a reasonable alternative method to return funds. Nothing in this section permits the Bank to delay, correct errors, or refuse properly-authorized consumer EFTs, as required by Applicable Law. 

If we determine in good faith that continued provision of the Service creates unacceptable credit exposure, operational or other risk to the Bank, or may cause us to violate law, regulation, rule, or order to which we are subject, then we may impose additional limits, refuse transactions, or terminate your access to any or all Services in accordance with Applicable Law. Except in cases of suspected fraud, illegal activity, or where immediate action is required by law or regulation, we will provide you with reasonable advance notice of such action. In all cases, we will provide you with notice and an opportunity to retrieve any remaining funds as required by Applicable Law. Nothing in this Section limits your rights or our obligations under Regulation E (12 C.F.R. Part 1005) or any other Applicable Law. 

 

23. Prohibited Payments. Prohibited Payments. You may not use the Service to initiate any transaction that is illegal, violates Applicable Law, facilitates fraud, or would cause the Bank to violate: (i) OFAC regulations (31 C.F.R. Part 501); (ii) the Bank Secrecy Act and AML regulations; (iii) NACHA Operating Rules, including the prohibition on unlawful Internet gambling (12 C.F.R. Part 233); (iv) card-network requirements (if applicable); or (v) the Bank’s written risk-management policies. You agree not to initiate ACH entries that violate NACHA’s prohibition on unlawful Internet gambling (12 C.F.R. Part 233). 

 

The Bank may block, delay, return, or refuse to process a transaction when required by Applicable Law and will notify you unless prohibited by law. The Bank does not restrict lawful consumer purchases unless required by Applicable Law or internal written policy.

 

You agree not to initiate any prohibited transaction and to ensure that your Payment Instructions comply with NACHA rules and this Agreement. Use of the Service for prohibited purposes may result in suspension or termination under Section 31 (Remedies) and may require filings under 31 C.F.R. § 1020.320. All transactions are subject to OFAC screening and may be delayed, blocked, or rejected in accordance with 31 C.F.R. Part 501. 

 

Nothing in this Section limits your rights under Applicable Law, including Regulation E (12 C.F.R. Part 1005). 

 

24. Failed or Returned Payment Instructions. In using the Service, you are requesting that we and our Service Providers attempt to make payments for you. If the Payment Instruction cannot be completed for any reason (for example, there are insufficient funds in your Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Providers may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that: 

 

1. You will reimburse our Service Provider within ten (10) Business Days of written demand the amount of the Payment Instruction for funds advanced on your behalf if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;

 

1. As permitted by Applicable Law, you may be assessed a late fee equal to one-and-a-half percent (1.5%) of any unpaid amounts per month (18% per annum), plus reasonable and documented costs of collection by our Service Provider or their third-party contractor, if the Payment Instruction cannot be debited because you have insufficient funds in your Account or the transaction would exceed the credit or overdraft protection limit of your Account to cover the payment, or if the funds cannot otherwise be collected from you. This late fee rate shall not exceed the maximum rate permitted by Applicable Law. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in our Fee Schedule (including as disclosed on our Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct any of these amounts from your designated Account, including by ACH debit; 

 

1. Our Service Provider is authorized to report the facts concerning any returned item or collection activity to any consumer credit reporting agency as permitted by law. Any credit reporting will be done in compliance with the Fair Credit Reporting Act (15 U.S.C. §§ 1681, et seq.) and other laws and regulations that may apply. Returned items and re-presentments are handled in accordance with the Arkansas UCC Articles 4 and 4A (Ark. Code Ann. §§ 4-4-101, et seq. and 4-4A-101, et seq.), including Ark. Code Ann. § 4-4-302 (failure to exercise ordinary care by payor bank) and Ark. Code Ann. § 4-4A-207 et seq. (regarding misdescription, acceptance, and execution of payment orders), as applicable to the transaction type. We will limit re-presentment attempts to two (2) unless you provide express authorization for additional attempts. To the extent a transaction is an “electronic fund transfer” under federal law and Regulation E (12 C.F.R. Part 1005), those laws and regulatory requirements govern your rights and our obligations.

 

25. Your Right to Terminate. You may cancel or terminate your use of the Service at any time by calling us at: 1-877-889-0100 or by providing us with written notice by email at: info@gofm.bank, postal mail, or by fax. You should provide us with an effective date to stop the service. If you do not provide us with an effective date to cancel or stop service, your access to the Service will be suspended within three (3) Business Days of our receipt of your instructions to cancel the Service, or on such a later date as you specify. To the extent permitted by Applicable Law, you will remain responsible for all outstanding fees and charges incurred through the date of cancellation. This cancellation applies only to your access to the Service, and does not terminate your Accounts with the Bank. Final charges, if any, will be assessed at the end of your statement cycle. Termination of the Service does not terminate your Deposit Account Agreement with us. 

 

Any payments that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service for cause, including for: (i) breach of this Agreement, (ii) suspected fraudulent or illegal activity, (iii) excessive returns or chargebacks, (iv) risk to the Bank or its service providers, or (v) as otherwise required by law or regulation. As permitted by Applicable Law, we may also terminate the Service without cause upon thirty (30) days’ advance written notice to you. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.   

 

Termination of your access will not affect any obligations or transactions that were pending as of the effective date, and does not constitute withdrawal of E-Sign consent. To withdraw consent for electronic records, see the Electronic Disclosure Consent. We and our Service Providers may retain information relating to your use of the Service as required by Applicable Law and our data-retention policies.

 

Please be advised that if you choose to cancel your access to the Service, any unprocessed transfers will be cancelled. We recommend that you cancel any scheduled transfers prior to notifying us that you are discontinuing the Service. We are not responsible for transfers made pursuant to instructions received from you before your cancellation request was received.

 

If you close your Account(s), or if you no longer have any Account(s) linked to the Service, your access to the Service will automatically be discontinued. We will cancel any unprocessed transfers scheduled after the account closure date, but will process any transfers scheduled for the closure date or earlier unless you specifically instruct us otherwise. You remain responsible for any fees or obligations incurred prior to the closure date as permitted by Applicable Law.

 

26. Change in Terms. We may change the terms governing your use of the Service, including the terms of this Agreement or the fees and charges associated with the Service and/or any policy or procedure affecting your use of the Service, at any time, except as otherwise restricted by law. We will provide you with notice of such changes as required by Applicable Law, including but not limited to advance notice for material adverse changes as required under Regulation E (12 C.F.R. Part 1005). 

 

From time to time, our Service Providers may introduce updates, enhancements, or feature modifications to maintain system integrity or regulatory compliance. We will provide you with notice of those changes when and as required by Applicable Law. Such changes shall become effective upon the date provided in the notice and will be reflected in this Agreement as subsequently updated.

 

If the change is in your favor (such as the termination or reduction of a fee), we may provide you notice of the change after it is effective. We will post any required notice of the change in terms on the Online Banking website or forward notice to you by email or by postal mail, or as otherwise required by Applicable Law. 

 

Your continued use of any or all of the subject service(s) after the effective date of changes indicates your acceptance of the change in terms, provided that you have received proper notice as required by law. For changes that adversely affect your rights, you may close your account without penalty before the effective date if you do not agree to the changes. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable Deposit Account Agreement and any associated disclosures govern changes to fees applicable to specific Accounts, including changes to those fees set forth in the Fee Schedule. 

 

27. Electronic Mail. Normal Internet email transmissions may not be secure. You agree to log into the Service and to contact us electronically only through any secure messaging service that we may make available to you for any inquiries or requests that you may have regarding your Accounts. We will not act on instructions sent by you from an external email address for security reasons. All instructions regarding your accounts must be sent through the secure messaging service that we make available to you through the Service, by telephone at: 1-877-889-0100, or by other methods we may designate and communicate to you in writing from time to time. Email is not a permitted method to report unauthorized electronic fund transfers or errors under Regulation E. You must notify us by telephone or secure message.

 

We do not immediately receive email that you send. Therefore, you should not rely on email if you need to communicate with us immediately (for example, to report a lost or stolen ATM or debit card and/or password, to report an unauthorized transaction from one of your Accounts, or to report an error on your statement). For urgent matters, you must contact us by telephone at: 1-877-889-0100, or through our secure messaging service. We will not take actions based on your email requests until we actually receive your message and have a reasonable opportunity to act.

 

We may require you to complete additional authentication before acting on secure-message instructions for security purposes. Such authentication procedures will be reasonable, designed to verify your identity and protect your account from unauthorized access, and will be communicated to you in advance. We will not, as provided by Applicable Law, be liable for delays in processing instructions while completing such authentication procedures.

 

28. Hyperlinks to Other Sites. We or our Third Parties may elect to display one or more hyperlinks on the Service’s website from time to time. A hyperlink is any highlighted words or phrases in a document that allow you to click through to another section of the same document or to another document on the Internet. A hyperlink may allow you to click through to a third-party website over which we have no control. We specifically disclaim any liability for the content, products and services provided at linked third-party websites. You should be aware that third-party websites may have privacy policies that differ from our Privacy Policy. Please be advised that linked third-party websites may also provide less security than our website.

 

Links or embedded content provided within the Service to Candescent-powered or third-party platforms remain subject to this Agreement and applicable third-party terms.

29. Acceptable Use. You agree that you are solely responsible for complying with all Applicable Laws in all of your activities related to your use of the Service. This applies regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right, but not the obligation, to monitor and remove communications content that we determine in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors; or, (k) deploy or attempt to deploy any automated script, bot, AI agent, or code designed to analyze, replicate, or reverse-engineer the Service, or inject malicious code into the Service environment, except for accessibility tools or assistive technologies used by individuals with disabilities as required by the Americans with Disabilities Act. 

We encourage you to notify us of any violations of this Agreement. Violations may also constitute a breach under federal law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and applicable Arkansas laws, including the Arkansas Personal Information Protection Act (Ark. Code Ann. § 4-110-101, et seq.) and Arkansas Computer Crime laws (Ark. Code Ann. § 5-41-101, et seq.), among others. 

30. Taxes. It is your responsibility to determine taxes applicable to transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Neither we nor our Service Providers provide tax or legal advice in connection with your use of the Service. We do not report transactions to tax authorities except as required by Applicable Law. 
31. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. As noted above, we reserve the right to terminate this Agreement, access to the Site and/or use of the Service for cause at any time, or without cause upon thirty (30) days’ prior written notice to you, except where immediate termination is necessary to protect against fraud, security threats, or legal violations. The remedies contained in this section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Any restriction, suspension, or termination will be implemented consistent with Applicable Law. 

If any termination or suspension occurs, we may immediately restrict or block access to your data or to the Service environment to preserve system integrity. We and our Service Providers reserve the right to retain or disclose information in accordance with Applicable Law, including UCC Articles 4, 4A, and the Fair Credit Reporting Act (15 U.S.C. §§ 1681, et seq.) where reporting of account or payment activity is required or permitted. In all cases, our exercise of these remedies will not limit or reduce any protections or remedies available to you under Applicable Law, including the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005).

32. Computer and Mobile Requirements. To use the Service, you will need to provide, at your own expense, a computer or other Internet access device, software and necessary telephone lines, Internet or other connections and equipment as needed to access the Service (collectively referred to as the “Computer” and defined in the Definitions section below). You must maintain up-to-date antivirus software and a browser supporting TLS 1.2 or higher. If outdated technology presents a material security risk, we may suspend access until the issue is corrected, provided that we will notify you of the specific security deficiency and provide you with a reasonable opportunity to correct it before suspension, except in cases of imminent security threats. You are responsible for the installation, maintenance and operation of the Computer. Your Internet or other web browser software must support security measures as we may specify from time to time, provided that we will give you at least 30 days’ advance notice of any new security requirements and will post such requirements prominently on our website. We are not responsible for any errors or failures caused by any malfunction of the Computer, and we are not responsible for any virus or related problems that may be associated with the use of the Service, the Computer or other Internet access, including but not limited to any virus, trojan horse, worm, keystroke logger, rootkit, spyware, dishonest adware, crimeware and other malicious and unwanted software or related problems that may be associated with access to or use of the Service or the Computer. We recommend that you routinely scan the Computer using reliable virus protection products, and to remove any viruses found using such products. You are responsible for all Internet service provider, telephone and other similar charges incurred in connecting to the Service. From time to time, we may require that you upgrade or install software to the Computer to ensure the proper operation of the Service. You agree to promptly load any such upgrades or additional installations upon our notice to you. Failure to install the required upgrades or security patches may result in temporary suspension of access until compliance is restored. We do not represent or warrant that the Service will be compatible with your specific hardware or software.

 

33. Virus Protection. Neither we, nor our Third Parties, are responsible for any electronic virus that you may encounter using Online Banking, including but not limited to the Bill-Payment Service and eStatements, except to the extent that you may incur any loss as a result of our failure to exercise reasonable care as required by Applicable Law. You are encouraged to routinely scan your Computer and files using reliable virus protection products to detect and remove viruses. If undetected and un-repaired, a virus can corrupt and destroy your programs, files and hardware. You agree to maintain reasonable administrative, technical, and physical safeguards, including current anti-virus and anti-spyware software, firewalls, and strong passwords, to protect your systems and data used to access the Service. 

 

34. Your Instructions. In our sole discretion, we may follow your instructions concerning your use of the Service, whether such instructions are provided by you in writing, electronically, orally (including our recording of your oral instructions) or by other means, and we may do so without any liability to you. We reserve the right to refuse to follow any instructions that you give us that we believe may expose us to potential liability. We will not have any liability to you if we do not follow your instructions in these situations. If, however, we decide to follow your instructions in these situations, we reserve the right to ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. We may also require secondary authentication or other verification measures (including multi-factor or out-of-band confirmation) before acting on instructions that we deem sensitive or high-risk.
35. Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. You agree that any feedback, ideas, or suggestions you provide through or regarding the Site or Service may be used by us and our licensors without restriction or obligation to you, except as otherwise required by Applicable Law. By submitting any such materials and feedback, you grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, and distribute such materials and feedback in any form or medium now known or later developed, and you warrant that you have the right to make these grants and warranties. This license does not apply to your Account data, personal information, or transaction content, which we handle solely as permitted by this Agreement, our Privacy Policy, and in accordance with Applicable Law, including but not limited to the Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801-6809) and its implementing regulations. To the extent permitted by Applicable Law, you waive all so-called “moral rights” in those materials, and you warrant that you have the right to make these warranties and transfers of rights. 
36. Indemnification. To the extent permitted by law, you agree to defend, indemnify and hold harmless us, our Affiliates, Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including reasonable attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service. This indemnity does not apply to losses or liabilities caused by our failure to perform duties we owe you under Applicable Law, including Regulation E (12 C.F.R. Part 1005). 
37. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature that we may incur as a result of, or in connection with, any dispute between you and one or more other users of the Site or the applicable Service, to which we are not a party. If you are a California resident, you expressly waive the protections of California Civil Code § 1542 (and any analogous state statute) that provides a general release does not extend to claims the releasing party does not know or suspect to exist at the time of execution. If you are an Arkansas resident, you acknowledge that Arkansas law does not have a statute directly analogous to California Civil Code § 1542, and you agree that this release applies to all claims, whether known or unknown at the time of execution, to the fullest extent permitted by Arkansas law. Nothing in this Section limits or releases any claims you may have directly against us that cannot be waived under Applicable Law, including claims arising under federal or state consumer-protection laws.
38. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 
39. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. UNDER ARKANSAS LAW (ARK. CODE ANN. § 4-2-316), IMPLIED WARRANTIES MAY BE EXCLUDED OR MODIFIED ONLY BY CONSPICUOUS LANGUAGE, AND THIS SECTION SATISFIES THAT REQUIREMENT. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
40. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY 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 SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS PROVIDED BY APPLICABLE LAW OR THIS AGREEMENT 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 SERVICE PROVIDERS AND THEIR EMPLOYEES AND CONTRACTORS, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT IS LIMITED TO DIRECT, OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS), EXCEPT FOR CLAIMS ARISING UNDER THE ELECTRONIC FUND TRANSFER ACT, REGULATION E, REGULATION CC, THE GRAMM-LEACH-BLILEY ACT, OR OTHER APPLICABLE FEDERAL OR STATE CONSUMER PROTECTION LAWS WHERE SUCH LIMITATION WOULD BE PROHIBITED. THE $500 CAP AND CONTRACTUAL LIMITATION PERIOD APPLY ONLY TO CLAIMS THAT MAY LAWFULLY BE LIMITED. 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. 

NOTHING IN THIS SECTION LIMITS YOUR RIGHTS OR OUR OBLIGATIONS UNDER THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. §§ 1693, ET SEQ.), REGULATION E (12 C.F.R. PART 1005), REGULATION CC (12 C.F.R. PART 229), THE UNIFORM COMMERCIAL CODE AS ADOPTED IN ARKANSAS (ARK. CODE ANN. §§ 4-4-101, ET SEQ. AND 4A-101, ET SEQ.), THE GRAMM-LEACH-BLILEY ACT (15 U.S.C. §§ 6801-6809), AND OTHER APPLICABLE LAW. 

41. Additional Limits on Liability Consistent with Regulation E (12 C.F.R. Part 1005). This Section 41 establishes general liability rules and the Bank’s obligations relating to stop-payment requests under Regulation E (12 C.F.R. §1005.10(e)). It is separate and distinct from Section 44 of this Agreement, which describes the Bank’s liability for failure to complete a transfer as required by Regulation E (12 C.F.R. §1005.11). Except to the extent required or provided in this Agreement or by Applicable Law, or as otherwise expressly provided in this Agreement, we shall not be liable for any Losses caused by any act or omission of any third party; for any charges imposed by any third party; or for any Losses caused by any failure of the hardware or software utilized by a third party to provide the Service to you.

 

We shall not be liable for damages incurred as a result of data supplied by you that is inaccurate, incomplete, not current, or lost in transmission. You understand that we assume no liability for the inaccuracy, incompleteness, or incorrectness of data as a result of such data having been supplied by you.

 

We are not liable for failing to act sooner than required by this Agreement or Applicable Law, and we have no liability for failing to take action where we had discretion not to act.

 

We are not responsible for acts or omissions of third parties except to the extent the Bank is responsible for such third parties under Applicable Law, including the Bank Service Company Act, Regulation E, and federal banking agency guidance on third-party risk management. We shall not be liable for your acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal, or due authorization of any entry, funds-transfer order, or other instruction received from you) or for the acts or omissions of any other person, including any ACH processor, Federal Reserve Bank, financial institution, transmission or communication facility, or any receiving depository financial institution. We shall be excused from failing to transmit or delay in transmitting an entry or funds-transfer order if such transmittal would result in our exceeding any limitation on our intraday net-funds position under Federal Reserve guidelines or otherwise violating any provision of a Federal Reserve risk-control program or other Applicable Law. In no event shall we be liable for any damages resulting from action or inaction consistent with regulations of the Board of Governors of the Federal Reserve System, applicable Federal Reserve operating circulars, or general banking customs and usage. To the extent required by Applicable Law, we will compensate you for loss of interest on funds as a direct result of our failure to comply with such laws in executing electronic transfers, if such failure was within our control.

 

Nothing in this Section reduces any remedies or error-resolution rights afforded to you under Applicable Law, including the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) and Regulation E (12 C.F.R. Part 1005). Nothing in this Agreement constitutes a waiver of any rights you have under federal or Arkansas law.

 

If you provide us with notice to stop a preauthorized electronic fund transfer at least three (3) Business Days before the scheduled date of the transfer, and we do not do so, we will be liable for your actual losses or damages directly resulting from our failure to stop the payment, subject to the limitations in your Deposit Account Agreement, this Agreement, and Regulation E (12 C.F.R. § 1005.10(e)).

 

42. Error Resolution Notice under Regulation E, 12 C.F.R. § 1005.11. This Error Resolution Notice is provided in accordance with Regulation E (12 C.F.R. Part 1005) and is substantially similar to Model Form A-3. You may request a written copy of this notice.

 

In case of errors or questions about your electronic transfers, telephone us at: 1-877-889-0100, or write us at: The Farmers & Merchants Bank, 708 South Main Street, P.O. Box 1010, Stuttgart, Arkansas 72160, or email: info@gofm.bankas soon as possible if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. 

 

You must notify us no later than sixty (60) days after we sent the FIRST periodic statement on which the problem or error appeared. When you contact us, please:

 

1. Tell us your name and account number (if any).

 

1. Describe the error or the transfer you are unsure about, the possible type, date, and amount of error, explaining as clearly as you can why you believe there is an error or why you need more information.

 

1. Tell us the dollar amount of the suspected error.

 

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

 

For errors involving new accounts, point-of-sale transactions, or foreign-initiated transfers, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to provisionally credit your account for the amount you think is in error. For more information, you may refer to Regulation E ((12 C.F.R. § 1005.11(c)(3)). 

 

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 that we used in our investigation at any time. 

 

These disclosures are provided pursuant to the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005). Your Deposit Account Agreement contains additional terms governing EFTs, including periodic statements and availability of documentation.

 

43. Your Responsibility for Unauthorized EFTs (12 C.F.R. § 1005.6). You agree to take reasonable steps to safeguard your Login ID, password, PIN, Mobile Device, and any other credentials used to access Online Banking. You must review your periodic statements promptly and notify us immediately if you believe an unauthorized EFT has occurred or may occur. Your responsibility for unauthorized EFTs is determined solely in accordance with Regulation E (12 C.F.R. § 1005.6). If you notify us within two (2) Business Days after learning of the loss, theft, or compromise of your access credentials or Mobile Device, your liability will not exceed the limits established under Regulation E. If you fail to notify us within two (2) Business Days, or fail to notify us within sixty (60) days after we make your statement available to you, your liability may increase as permitted under Regulation E. These liability rules apply only to consumer Accounts and only to EFTs as defined in Regulation E; they do not apply to transfers from business or non-consumer accounts, or to transfers governed by UCC Article 4A.

 

44. Our Liability for Failure to Complete a Transfer under Regulation E (12 C.F.R. § 1005.10). If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages to the extent required by Applicable Law, including the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005). However, we will not be liable, for example, if:

 

1. Through no fault of ours, you do not have enough Available Funds in your account to make the transfer;

 

1. The transfer would exceed the credit limit on your overdraft line;

 

1. The Service, your device, or your Internet connection was not working properly and the malfunction was apparent when you started the transfer;

 

1. Circumstances beyond our control (such as fire, flood, power outage, or communications failure) prevented the transfer despite reasonable precautions; or

 

1. Your instructions were incomplete, inaccurate, ambiguous, or did not follow our procedures.

 

There may be other exceptions stated in this Agreement or in other agreements with you. Nothing in this Section limits your rights or our obligations under Applicable Law. For preauthorized electronic fund transfers, additional liability and remedial obligations may apply under Regulation E (12 C.F.R. § 1005.10), and nothing in this Section alters those requirements.

 

45. Business Days; Processing Times and Cutoffs. For purposes of this Agreement, the term “Business Day” has the meaning provided in the Definitions section below. Unless a Service-specific term provides otherwise, transactions initiated after the cutoff time displayed within the applicable Service, or initiated on a day that is not a Business Day, will be treated as received on the next Business Day. Transfers submitted after 5:00 p.m. Central Time on a Business Day, or at any time on a non-Business Day, will be processed on the next Business Day. Mobile Remote Deposit Capture items submitted after 5:00 p.m. Central Time or on a non-Business Day are deemed received the next Business Day for processing purposes; funds availability continues to be governed by the Bank’s Funds Availability Policy and Regulation CC (12 C.F.R. Part 229). Cutoff times may vary by Service (including Bill Pay, ACH, Zelle®, Wires, and Mobile Remote Deposit Capture). Where a Service-specific cutoff time is disclosed within the Service or in Appendix A, the Service-specific cutoff controls. 

 

Funds availability for deposits is governed by our Funds Availability Policy and Regulation CC (12 C.F.R. Part 229).

 

46. Stopping or Changing Scheduled Transfers and Bill Payments (12 C.F.R. § 1005.10). For preauthorized EFTs subject to Regulation E (12 C.F.R. § 1005.10), you may stop payment in accordance with this Section. If you have scheduled one or more transfers or bill payments in advance, you may cancel or change any such transaction by following the cancellation instructions provided in the Service, or by notifying us as provided in this Agreement. To be effective, we must receive your request at least three (3) Business Days before the scheduled transfer date. If we receive your request with less notice, we will make reasonable efforts to accommodate your request but cannot guarantee the transfer will be stopped.

 

If you call, we may require you to confirm your request in writing within fourteen (14) days. If you fail to provide written confirmation when requested, we may disregard your oral stop-payment instruction.

 

Your rights and our obligations for preauthorized EFTs are governed by the Electronic Fund Transfer Act and Regulation E (12 C.F.R. § 1005.10). If you notify us orally, we may require you to provide written confirmation within fourteen (14) days of your oral notice. If we do not receive written confirmation when required, we may treat your oral stop-payment request as void after fourteen (14) days. Nothing in this Section limits your rights under Regulation E or expands our rights beyond those permitted by Applicable Law.

 

47. Right to Obtain Documentation of EFTs (12 C.F.R. § 1005.8). You will receive a periodic statement (monthly if there are EFTs during the cycle, or at least quarterly if there are none) covering electronic fund transfers to and from your Deposit Account(s). You agree to review each statement promptly after it is made available to you. You also agree to notify us in writing within thirty (30) days of any change in your address so that statements can be delivered to the correct address.

 

A copy of any document that we provide to you reflecting that an EFT was made shall be admissible as evidence of the transfer and shall constitute prima facie proof that the transfer occurred.

 

48. Force Majeure. Neither party shall bear responsibility for non-performance of this Agreement to the extent that such non-performance is caused by an event beyond that party’s control, including, but not limited to, fire, casualty, equipment breakdown, failure of telecommunications, payment, data-processing services, third-party or cloud service provider outages, denial-of-service events, lockout, strike, unavoidable accident, act of God, riot, war, or the enactment, issuance or operation of any adverse governmental law, ruling, regulation, order, policy, decree or an emergency that prevents normal operations. Force majeure does not excuse your obligation to pay amounts properly due and owing, and does not limit your rights under Applicable Law (including your error-resolution rights under Regulation E). The Bank will notify you as soon as reasonably practicable of any force majeure event that materially affects our ability to perform under this Agreement. For the avoidance of doubt, a Force Majeure Event does not include routine system maintenance, internal system failures within our or our Service Providers’ control, or any interruption that Applicable Law requires us to mitigate. Nothing in this Section limits your rights or our obligations under the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005), including error-resolution, timing, or provisional-credit requirements.

 

49. Documentation. The parties acknowledge and agree that all documents evidencing, relating to or arising from the parties’ relationship may be scanned or otherwise imaged and electronically stored in accordance with applicable record retention laws and regulations, and the originals (including manually signed originals) may be destroyed after the applicable retention period. The parties agree to treat such imaged documents as original documents and further agree that such reproductions and copies may be used and introduced as evidence at any legal proceedings including, without limitation, trials and arbitrations relating to or arising under this Agreement. Electronic signatures and records shall be admissible to the same extent as original documents to the fullest extent permitted by Applicable Law (including the federal E-Sign Act and Arkansas law). Nothing in this Section permits destruction of any record that Applicable Law requires us to retain for consumer-protection, error-resolution, or audit purposes, including records required under the Regulation E (12 C.F.R. Part 1005).

 

50. Entire Agreement. You acknowledge and agree that this Agreement and any amendments hereto, and all other documents incorporated by reference therein, constitute the complete and exclusive statement of the agreement between you and us with respect to the Service and supersede any prior oral or written understandings, representations and agreements between the parties relating to the Service.

 

Notwithstanding the foregoing, this Agreement is in addition to any other agreements and disclosures between you and us. Provisions in our other agreements and disclosures, including the Deposit Account Agreement applicable to your Account(s), may be revised from time to time and remain effective for all other aspects of the Accounts involved. Nothing in this Agreement limits your rights or our obligations under Applicable Law.

 

If there is a conflict between this Agreement and any other agreement between you and the Bank, this Agreement controls only with respect to your use of the Service. Your rights and our obligations under Applicable Law always control. For electronic fund transfers subject to the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005), those laws govern. For wire transfers and other payment orders subject to Article 4A of the Uniform Commercial Code, Article 4A governs. This Agreement does not expand, restrict, or alter your protections under Regulation E or your rights and the Bank’s obligations under UCC 4A. 

 

Feature-specific consumer terms in Appendix A (Feature-Specific Terms for Consumer Digital Banking) are incorporated in this Agreement by reference (only to the extent you separately and affirmatively accept those terms within the Service), and govern those features. In the event of conflict, Appendix A controls for the applicable feature to the extent permitted by law. Any amendment or modification to this Agreement or to Appendix A will be made in accordance with Section 26 (Change in Terms) of this Agreement.

 

If any term of this Agreement conflicts with or is inconsistent with the terms of use, privacy notice, or other agreement presented by Candescent or any other third-party service provider through which the Service is offered, this Agreement shall control as between you and the Bank with respect to your Account  and your rights and obligations under Applicable Law, including the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) and Regulation E (12 C.F.R. Part 1005). Vendor-specific terms shall govern only the technical operation of their respective services and shall not limit, modify, or expand your consumer-protection rights or our obligations under Applicable Law. For the avoidance of doubt, no vendor or Service Provider terms may limit, modify, or reduce your rights under Applicable Law.

 

51. Severability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be interpreted so as to achieve, to the extent permitted by law, the purposes intended by the original provision, and the remaining provisions of this Agreement shall remain in full force and effect. In the event that any statute, regulation or government policy to which we are subject and that governs or affects the transactions contemplated by this Agreement would invalidate or modify any portion of this Agreement, then this Agreement or any part thereof shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and we shall incur no liability to you as a result of our compliance with such statute, regulation or policy. Nothing in this Section shall limit your rights or our obligations under Applicable Law, which shall continue to apply notwithstanding the severability of any contractual provision. 

 

52. Assignment and Delegation. We may assign any of our rights or delegate any of our responsibilities in whole or in part without notice to or consent from you, including to our Affiliates and to our Service Providers; provided, however, that any such assignment or delegation shall not relieve us of our obligations under this Agreement or diminish your statutory rights, and we shall remain liable for the performance of all obligations hereunder. You may not assign, delegate or otherwise transfer your rights or responsibilities under this Agreement without our prior written consent, which consent we may grant or withhold in our sole discretion and any attempted assignment in violation of this Section is void. Any assignment or delegation by us will not diminish your rights under Applicable Law or relieve us of any obligations to you. If an assignment results in a material change in the identity of the service provider interacting with your Account information, we will provide you with any notice required by Applicable Law.

 

53. Non-waiver. No deviation from any of the terms and conditions set forth or incorporated in this Agreement shall constitute a waiver of any right or duty of either party, and the failure of either party to exercise any of its rights hereunder on any occasion shall not be deemed to be a waiver of such rights on any future occasion; provided, however, that nothing in this provision shall be construed to waive, modify or alter any rights or protections afforded to you under applicable federal or state consumer protection laws, or any Applicable Law. 

 

54. Enhancements. From time to time, the Bank may introduce new services or enhance existing services. Enhancements and new services may be provided by the Bank or by its Service Providers. Unless stated otherwise, any new or enhanced services will be subject to the terms of this Agreement, and any related changes to terms will be provided consistent with Section 26 (Change in Terms). No enhancement or update will impose new fees, increase your obligations, or materially limit your rights without advance notice to you as required by Applicable Law.

 

Before using any new or enhanced services, you will be provided with the specific terms and conditions relating to such services at least thirty (30) days in advance, unless the change is immediately beneficial to you and involves no additional fees or material adverse changes. By using such services after receiving notice of the applicable terms, you agree to be bound by those terms.

 

Vendor-specific updates or platform changes made by Service Providers shall govern only the technical operation of their systems and shall not amend, limit, or modify your rights or our obligations under this Agreement or Applicable Law.

 

55. Governing Law. This Agreement and any claim, controversy, or dispute arising under or related to it shall be governed by and interpreted in accordance with federal law and, to the extent not preempted or inconsistent therewith, by the laws of the State of Arkansas. Federal consumer-protection statutes and regulations (including, without limitation, Regulation E (12 C.F.R. Part 1005)) control in the event of any conflict with state law or this Agreement. Except where prohibited by Applicable Law, exclusive venue shall lie in the state and federal courts located in Arkansas, and you consent to such jurisdiction and venue for all disputes arising out of or relating to this Agreement. Nothing in this Section limits any venue rights provided to you under Applicable Law.

 

56. Attorneys’ Fees. If any action is brought by either party against the other regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any relief granted, reasonable attorneys’ fees and costs of court; provided, however, that this provision shall not apply to limit any attorneys’ fees or costs to which you may be entitled under applicable federal or state consumer protection laws, which shall govern to the extent they provide greater rights to you. For the avoidance of doubt, we will not seek to recover attorneys’ fees or costs from you in any matter arising under the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.), Regulation E (12 C.F.R. Part 1005), or other mandatory consumer-protection laws where such recovery is restricted or prohibited.

 

57. Beneficiaries. This Agreement is for the benefit of you and the Bank only. No other person or entity has any rights under this Agreement as a third-party beneficiary, including any Service Provider. Service Providers (including Candescent and their affiliates) support the Bank in delivering the Service, but they are not parties to this Agreement, and they have no right to enforce any provision of it. Nothing in this Section limits any protections, defenses, or limitations of liability that apply to the Bank or its Service Providers as a matter of Applicable Law, nor does it limit your rights under federal or state consumer-protection laws.

 

58. Recording of Communications. Except as otherwise required by Applicable Law, you agree that all telephone conversations or data transmissions between us or our respective agents made in connection with this Agreement may be recorded and retained by either party by use of any reasonable means, provided that you will be notified at the beginning of any recorded call that the conversation is being recorded. Such recordings may be used to, among other things, prove instructions, authorizations, or notices. Nothing in this Section limits or affects your rights or our obligations under the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) or Regulation E (12 C.F.R. Part 1005), including your right to provide oral notice of an unauthorized transaction.

 

59. Relationship. You and we are not, and your and our licensors are not, partners, joint venturers or agents of each other as a result of this Agreement. Nothing in this Section modifies or limits any duties that we owe to you under Applicable Law, including duties arising under federal or state consumer-protection statutes.

 

60. Headings and Captions; Interpretation. The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof. The words “include” and “including” shall be interpreted as meaning “include without limitation” or “including without limitation.”

 

61. 61. Survival. The following provisions shall survive termination of this Agreement: indemnification obligations for acts or omissions occurring prior to termination, limitations of liability for pre-termination events, dispute resolution procedures for pre-termination disputes, governing law, fees owed for services provided prior to termination, intellectual property rights, and records retention obligations required by law. Nothing in this Section limits your rights or our obligations under Applicable Law, including the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) and Regulation E (12 C.F.R. Part 1005), UCC Article 4A, the Gramm-Leach-Bliley Act, or the E-Sign Act. All other provisions terminate upon termination of this Agreement.

 

62. 62. Cooperation. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through mobile deposit or remote deposit in your possession and your records relating to such items and transmissions.

 

63. State Privacy Rights. If you are a resident of California or any other state providing enhanced consumer privacy rights, you may have additional rights under applicable state law, including rights related to access, deletion, and data-sharing restrictions. Please refer to our Privacy Policy for additional details.

 

64. 64. Joint Accounts. If your Account is a joint Account, each joint owner is fully authorized to: (i) enroll in the Service; (ii) access the Account through the Service; (iii) initiate, schedule, modify, or cancel transfers, payments, or other Online Transactions; and (iv) receive disclosures and notices related to the Account and the Service. Any Online Transaction initiated by any joint owner, or by any person to whom a joint owner has provided access or shared credentials, will be binding on all joint owners except to the extent such transaction constitutes an unauthorized electronic fund transfer under Regulation E (12 C.F.R. Part 1005).

 

Each joint owner is an “account holder” for purposes of Regulation E. To the extent permitted by Applicable Law, delivery of any electronic or paper disclosure, notice, or statement to one joint owner constitutes delivery to all joint owners, and one joint owner’s consent to receive electronic disclosures satisfies the E-Sign Act for all joint owners to the extent the Bank is permitted to treat the joint Account as a single recipient of disclosures. Nothing in this Section affects any non-waivable rights under Regulation E. Each joint owner is jointly and severally liable for all obligations arising under this Agreement, including any fees, losses, or liabilities resulting from the actions of any joint owner or authorized user. We may act on the instructions of any joint owner without further inquiry unless and until we receive written notice, in a form acceptable to us, that a joint owner’s authority has been revoked. After receiving such notice, we may take reasonable steps to act on it, including suspending Online Banking access for some or all joint owners, cancelling pending transactions, or requiring in-person identity verification. We may require separate authentication from each joint owner for security-sensitive changes. In the event of a dispute between joint owners regarding access, authority, or transactions, we may, in our discretion, restrict Online Banking access, refuse to act on instructions, or require joint written authorization from all joint owners before proceeding. Actions taken under this Section do not relieve any joint owner of the obligation to review their Account statements and transaction history, nor do they alter a joint owner’s obligations or rights under Regulation E regarding the timely reporting of unauthorized electronic fund transfers. Nothing in this Section alters ownership rights established under your Deposit Account Agreement or Applicable Law, nor does it impose any duty on the  Bank to monitor or mediate disputes between joint owners.

 

65. Fiduciary Duty. The Bank does not undertake any fiduciary or advisory duties in providing the Service. Your use of the Service does not create a fiduciary relationship between you and the Bank.

Definitions

Certain terms used in this Agreement are defined in the portion of this Agreement where they are used. The following terms are also used throughout this Agreement and have the meanings indicated below, unless otherwise specified in a particular section of this Agreement:

 

“Automated Clearing House” (or “ACH”) means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.  

 

“Account(s)” means any Deposit Account(s) and/or loan or Credit Account(s) that you may have with us.

 

“Account Agreement(s)” mean the terms and conditions of any Credit Account Agreements, Deposit Account Agreements, Fee Schedule, and any other agreements, security instruments, disclosures, or other documents regarding your Credit Accounts and/or Deposit Accounts that you may have with us, each as may be amended from time to time.

 

“Affiliates” are companies related by common ownership or control. 

 

“Agreement” means all terms and conditions defined in this Consumer Online and Mobile Banking Agreement and its appendices.

 

“Applicable Law” means all federal, state, and local laws, regulations, rules, and regulatory guidance applicable to your use of the Service, including the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.), Regulation E (12 C.F.R. Part 1005), OFAC regulations (31 C.F.R. Part 501), the Bank Secrecy Act (31 U.S.C. § 5311, et seq.), the Unlawful Internet Gambling Enforcement Act (12 C.F.R. Part 233, “Regulation GG”), NACHA Operating Rules, supervisory guidance issued by federal banking agencies, and any other law governing electronic transactions or digital banking services.

 

“Available Funds” means the balance in a Deposit Account, which includes collected funds on deposit plus any overdraft credit line balance associated with the Deposit Account.

 

“Bill-Payment Service” means the online bill-payment service offered by the Bank and any associated Service Provider as described in Part I of this Agreement.

 

“Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed. Saturday and Sunday are not Business Days for purposes of this Agreement, even if the Bank is open for any business on such days. For electronic fund transfers subject to Regulation E, ‘Business Day’ has the meaning provided in 12 C.F.R. §1005.2(e).

 

“Candescent” means Digital First Holdings, LLC d/b/a/ Candescent, and its Affiliates acting as a Service Provider to deliver the Bank’s digital-banking channels and features. Candescent is not a party to this Agreement and is not a third-party beneficiary of this Agreement. The Bank remains solely responsible to you for the performance of all services made available through the Service, including services furnished or hosted by Candescent. Nothing in this definition permits Candescent or any Service Provider to disclaim or limit your statutory rights under Applicable Law or relieve the Bank of its legal responsibilities to you. 

 

“Computer” means your computer or other Internet access device, any software, and the related equipment.

 

“Consumer” means a natural person that uses the Service for personal, family or household purposes.

 

“Credit Account(s)” means any line of credit, loan, mortgage, or other applicable open-end or closed-end credit that you maintain with us.

 

“Credit Account Agreement(s)” means collectively and as applicable, except as otherwise indicated in this Agreement, the promissory notes, credit agreements, mortgages, and any other documents, disclosures, or agreements that you execute or otherwise agree to that establish your rights and responsibilities under, and otherwise provide the terms and conditions of, your Credit Accounts with us.

 

“Cutoff Time” means, for purposes of the Bill-Payment Service, the time of day that Payments to be processed that day shall be processed, after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day.

 

“Deposit Account(s)” means any checking account, money market deposit account, savings account, certificate of deposit, or other eligible deposit account you may have with us.

 

“Deposit Account Agreement(s)” means collectively and as applicable, except where otherwise indicated in this Agreement, the Bank’s Personal Deposit Account Agreement and its Business Deposit Account Agreement and associated Fee Schedule and agreements governing certificates of deposit, each as amended from time to time. Information regarding the balance requirements and interest that may be earned on interest-bearing deposit account(s) may be found in your Deposit Account Agreements and related disclosures.

 

“Due Date” or “Deliver By Date” or “Delivery Date” means, for purposes of the Bill-Payment Service, the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day, in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee, considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.

 

“Electronic Funds Transfer” or “EFT” are used as defined in the Electronic Funds Transfer Act and Bureau of Consumer Financial Protection Regulation E to mean an electronic transfer of funds initiated by a computer or similar device to or from a consumer’s Deposit Account, such as transfers through Online Banking, including the Mobile Banking Service.

 

“Eligible Transaction Account” means a consumer checking or other transaction account at the Bank that is eligible for electronic transfers under Regulation E.

 

“Enrollment Form” means your electronic “Auto Enroll” acceptance or paper enrollment form accepted by us that designates those of your Accounts that you wish to access using Online Banking and such additional services, including the Bill-Payment Service or e-Statements Service, that you request to use and we may approve from time to time.

 

“eStatements” means the online service offered by The Farmers & Merchants Bank permitting you to view your current Account statements for your Bank Accounts on a secure website as described in Part I of this Agreement.

 

“External Transfers” means electronic transfers of funds, whether inbound or outbound, between your eligible deposit accounts at the Bank and your verified deposit accounts at other U.S. financial institutions, initiated through the Bank’s External Transfers feature and processed through the ACH network or other electronic funds-transfer networks as supported by the Service. External Transfers are subject to the NACHA Operating Rules and Regulation E (12 C.F.R. Part 1005). External Transfers are executed via the ACH Network unless we expressly notify you within the Service

that another network or method (e.g., card-network, RTP, or same-day ACH) applies.

 

“Feature Specific Terms” means terms, disclosures, or enrollment conditions presented within the Service for particular features or functions. Feature-Specific Terms govern operational use of the applicable feature only and shall not alter liability allocation, governing law, dispute resolution, indemnification, or statutory or regulatory rights preserved under this Agreement unless this Agreement expressly states otherwise.

 

“Fee Account” means, for purposes of the Bill-Payment Service, the checking or similar Account designated by you and from which we may automatically debit or otherwise collect all Bill-Payment Service fees.

 

“Fee Schedule” means, at any given time, our then current Service and Account Schedule of Fees applicable to the Deposit Account(s) opened by you and maintained with us, as well as those applicable to the Service. “Farmers & Merchants”, “we”, “our”, “us” or “Bank” refers to The Farmers & Merchants Bank.

 

“Funding Account” means, for purposes of the Bill-Payment Service, the checking or similar Account designated by you and from which we may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.

 

“Internal Transfers” means electronic transfers of funds between your eligible Accounts at the Bank. “Losses” means any and all kinds of claims, fines, penalties, fees, costs, expenses, damages and liabilities including (without limitation) attorneys’ fees and litigation costs.

 

“Merchant” means, for purposes of the Bill-Payment Service, any business Payee that you establish within the Bill-Payment Service for whom the Service Provider has established a business relationship expressly for the purpose of remitting Payments from the Bill-Payment Service.

 

“Mobile Device” means a smartphone or tablet meeting the Bank’s minimum requirements as published and supported by the Service. 

 

“One-Time Payment” means, for purposes of the Bill-Payment Service, a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.

 

“Online Banking” or the “Service” means the online banking service available from the Bank as described in above provisions of this Agreement, including mobile banking portions of the service.

 

“Original Check” means the paper check issued to you in its original paper form, before it has been scanned, imaged, truncated, or converted into any electronic representation, image, or substitute check (as defined in Regulation CC).

 

“Payee” means, for purposes of the Bill-Payment Service, the individual, business or other entity to which you intend to send a payment through the Bill-Payment Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize us to remit payments on your behalf through the Bill-Payment Service.

 

“Payee List” means, for purposes of the Bill-Payment Service, your personalized list of Payees maintained within the Bill-Payment Service from which you may select a Payee to receive a scheduled Payment.

 

“Payment” means, for purposes of the Bill-Payment Service, the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.

 

“Payment Amount” means, for purposes of the Bill-Payment Service, the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Bill-Payment Service shall remit to the Payee.

 

“Payment Date” or “Withdraw On Date” or “Withdrawal Date” means, for purposes of the Bill-Payment Service, the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day, in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient Available Funds must exist in the Funding Account.

 

“Payment Instruction” means any direction, request, authorization, order, or instruction you provide through the Service to initiate a transfer, payment, debit, credit, ACH entry, bill payment, or other Online Transaction.

 

“Privacy Policy” means our policy and disclosure regarding the personally identifiable information that we collect about you, and the parties with whom we may share such information, as required by applicable privacy laws including the Gramm-Leach-Bliley Act.

 

“Process Date” means, for purposes of External Transfers, the date on which we originate the transfer entry on your Account. This date is typically one (1) to two (2) Business Days before, or on, the date the corresponding credit or debit posts to your account at another financial institution.

 

“Receiver” means a person or entity designated to receive funds through the service. 

 

“Recurring Payment” means, for purposes of the Bill-Payment Service, a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it in accordance with the cancellation procedures set forth in this Agreement, or until the maximum number of payments and/or final payment date that you specified is reached.

 

“Requestor” means a person who initiates a request for funds through the Service. 

 

“Scheduled Payment” means, for purposes of the Bill-Payment Service, the payment instructions you establish within the Bill-Payment Service in order to properly direct funds from the Funding Account that you designate to the Payee that you designate.

 

“Sender” means a person or entity that submits a valid payment instruction through the Service. 

“Service Provider” means companies that we have engaged (and their affiliates) to render some or all of the Service to you on our behalf. Service Providers act on our behalf and may not limit, alter, or expand your rights under Applicable Law, including the Electronic Fund Transfer Act (15 U.S.C. §§ 1693, et seq.) and Regulation E (12 C.F.R. Part 1005). This includes, but is not limited to, Candescent and other vendors engaged by the Bank to deliver any portion of the Service. You acknowledge that Service Providers may have access to your account information as necessary to perform services on our behalf.

“Unauthorized Electronic Fund Transfer” has the meaning set forth in 12 C.F.R. § 1005.2(m), and includes only those transfers initiated by a person other than you without actual authority and from which you receive no benefit.

“You” or “Your” means each Consumer that has enrolled in the Service. In addition, if you elect to receive Bill-Payment Services or e-Statements, “you” and “your” refer to each person who accepts the Enrollment Form for those services or is otherwise authorized to use those services.

 

“Zelle® Network” means the person-to-person payment network operated by Early Warning Services, LLC, enabling eligible payments between enrolled users, subject to separate Zelle terms provided within the Service. 

 

Additional Service Features

 

The Service allows you to access eligible Accounts, make transfers, pay bills, deposit checks, and perform other electronic banking activities. The features described in this Service Features section apply to consumers unless otherwise noted. Business specific features are governed by separate agreements. If any term in this Section conflicts with Regulation E, Regulation E controls.

 

1. Eligibility, Enrollment and Service Changes. To use the Service, you must: 

 

• Maintain at least one eligible Account with us; 
• Have a mobile device or access to the Internet and a valid e-mail address; and, 
• Complete enrollment and any required authentication. 

 

To register for the Service, you must complete an enrollment and/or other set-up process and associated forms. We may approve or deny access in our reasonable discretion. Once enrolled, the Service will include all features available to your eligible Accounts. You can request to add or remove an Account by submitting a secure message through Online Banking.

We may add, modify, or discontinue features in accordance with Applicable Law. Continued use after effective dates constitutes acceptance of any changes. Nothing in this Agreement constitutes a waiver of rights you have under federal or Arkansas law.

1. Core Features. Depending on your Accounts and enrollment choices, you may use the Service to:

• View balances, history, and check images;
• Download Account activity, including statements, for use with other systems, such as Quicken® or Quickbooks®;
• Send secure messages;
• Manage contact information;
• Set alerts;
• Initiate Internal Transfers between Accounts you have with us on either a one-time or recurring basis;
• Initiate External Transfers (including ACH and Zelle®, each as available); 
• View check images and stop payment of checks you have written; 
• Pay bills using the Bill Payment Service; and
• Access Mobile Banking and Mobile Check Deposit Capture via your Mobile Device.

 

Certain features may not be available for all Accounts. Additional features may be added or retired from time to time. Please see Appendix A for Feature-Specific Terms. 

Use of certain features or modules related to the Service may incur fees or other charges. Please see our Fee Schedule for further information.

1. Access and Security. You must use the credentials we assign or that you create, including any multifactor authentication we require. By using the Service, you agree to:

 

• Maintain confidentiality of your credentials;
• Notify us immediately of any suspected unauthorized access; and
• Review your Account activity regularly.

 

YOU SHOULD NOT DISCLOSE YOUR ONLINE BANKING ID, LOGIN, PIN OR PASSWORD TO ANYONE. If you share your credentials with anyone, you are responsible for all resulting activity until you report that the person is no longer authorized; however, transactions resulting from credential compromise, device compromise, or unauthorized access may constitute unauthorized electronic fund transfers under Regulation E (12 C.F.R. §1005.2(m)), and your rights under Regulation E are not limited by this Section. We may suspend or terminate access when reasonably necessary for security, fraud prevention, legal obligations, or system integrity. For security purposes, you are required to change your password upon your initial login to Online Banking. 

 

You determine what password you will use. The identity of your password is not communicated to us. We may rely on your credentials to verify your identity, but we will not treat a transaction as authorized if it qualifies as an ‘unauthorized electronic fund transfer’ under Regulation E (12 C.F.R. §1005.2(m)). Nothing in this Section alters your rights or our obligations under Regulation E. Use of your credentials alone does not make a transaction authorized if the access was obtained through fraud, device compromise, or other unauthorized means. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Use of your password or device alone does not make a transaction authorized if the access was obtained through fraud, deception, or any means not initiated by you

 

1. Fees and Electronic Statements. Certain features may incur fees as listed in our current Fee Schedule. Carrier charges may apply to mobile use. You agree that we may charge, at our option and to the extent permitted by Applicable Law, any of your Accounts with us to cover such payment obligations, provided that we provide you with prior notice. To the extent required by Applicable Law, we will provide advance notice of any increase in fees related to EFTs or credit transactions, including the 21-day notice requirements under Regulation E (12 C.F.R. § 1005.8) and Regulation Z (12 C.F.R. Part 1026). 

 

If you enroll in eStatements through Online Banking, you may receive periodic Account statements electronically instead of by paper. Electronic delivery is provided in accordance with the federal E-Sign Act (15 U.S.C. §§ 7001, et seq.), the Bank’s E-Sign Disclosure, and the Arkansas Uniform Electronic Transactions Act (Ark. Code § 4-110-101, et seq.). 

 

Your consent to receive eStatements, the hardware and software requirements for electronic delivery, and your right to withdraw consent are all described in the Bank’s E-Sign Disclosure, which you must review and accept before enrolling.

 

If you elect to receive eStatements, we may discontinue sending paper statements except where required by Applicable Law or where we determine that paper delivery is operationally necessary. You must maintain a valid email address and keep your contact information current through Online Banking. You may request paper copies of statements at any time, subject to the fees in our Fee Schedule. We may change the terms applicable to eStatements by providing notice as required under this Agreement and Applicable Law. Your rights for resolving errors involving electronic fund transfers are described in the Error Resolution Notice provided in Section 42 (Error Resolution) of this Agreement.

 

Any fees and charges that may apply to the Mobile Banking Service will be set forth in our Fee Schedule and are separate and apart from any other charges that may be assessed by the provider of your mobile communication services (“Carrier”) for text messages sent to or from us. You understand and agree that you are responsible for all standard data and text messaging rates and other charges imposed by the Carrier providing service for your Mobile Device when you use your Mobile Device to enroll in and use the Mobile Banking Service. These charges are separate from any fees we may charge as set forth in our Fee Schedule.

 

1. Alerts. You may activate optional alerts delivered by SMS, email, or push notification. Alerts may be delayed, incomplete, or unavailable. They do not replace reviewing Account activity regularly. Please note that we may add new alerts from time to time, or cancel old alerts. Alerts are not encrypted. Nothing in this Section alters or affects your rights or our obligations under Applicable Law, including Regulation E (12 C.F.R. Part 1005), or changes any time periods for reporting unauthorized transactions or errors. Alerts are for convenience only and do not replace your obligation to review periodic statements. Failure to receive an alert does not extend any time period for reporting unauthorized transactions under Regulation E (12 C.F.R. 1005.11), nor does such failure waive or reduce any right you have under federal or Arkansas law. 

 

Alerts may include your name and some information about your Accounts, depending upon your selection of specified alerts. We will never include your Login ID or password or Account information.

 

• You understand and agree that your alerts may be delayed or prevented by a variety of factors. We will use reasonable efforts to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents 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 or any third party in reliance of an alert. You agree that we are not responsible for any costs or fees incurred as a result of alerts directed by you.

 

1. Cutoff Times. Except where noted in Appendix A, the following general cutoffs apply:

 

• Internal Transfers: 5:00 p.m., Central Time
• External Transfers: 1:00 p.m., Central Time
• Bill Payment Requests: 4:00 p.m., Central Time

 

Transactions submitted after these times will be treated as received on the next Business Day. If any Service-specific cutoff time in Appendix A or displayed within the Service differs from the general cutoffs in this Section, the Service-specific cutoff time controls.

 

1. Availability. Online Banking is generally available seven (7) days a week, twenty-four (24) hours a day. However, the Bank only processes transactions, payments, and update information on Business Days, which are every day except Saturday, Sunday, and federal banking holidays. Online Banking support hours are 8:00 a.m. to 5:00 p.m. Central Time each Business Day. 

 

Some or all features of Online Banking may not be available from time to time due to problems arising in connection with transmissions over the Internet, as well as emergency or scheduled system maintenance. You may not be able to access Online Banking during these downtimes. We will use reasonable efforts to provide advance notice of scheduled maintenance and will post a notice of any extended periods of non-availability on the Online Banking site or through other available communication channels. We are not liable for any losses resulting from service interruptions due to circumstances beyond our reasonable control, to the extent permitted by Applicable Law. All electronic payments entered after applicable cutoff time on a Business Day or any time on a Saturday, Sunday, or holiday may not be posted until the next Business Day. A transfer initiated through Online Banking by 5:00 p.m. Central Time on a Business Day will be posted to your account the same day. If there is any inconsistency between this Section and a Service-specific rule for internal transfers, external transfers, bill-payment, RDC, ACH, or wire transfers, the Service-specific rule controls. 

 

Please note that payments or transfers made using the Bank’s Bill-Payment Service via paper check will be made within 5-to-10 Business Days (note that additional fees may apply in certain circumstances (next-day service, etc.)). For clarity, the same-day posting reference to 5:00 p.m. Central Time in this Section applies only to Internal Transfers. Service-specific cutoffs in Section 6 and Appendix A control for External Transfers, Bill Payments, ACH, Wires, and Mobile Remote Deposit Capture.

 

1. Internal Transfers. You may transfer funds between eligible Accounts you own and have designated. Transfers may be: 

 

• One-time. Processed same day if submitted before cutoff and on a Business Day (Note: For a transfer to be processed on the same Business Day, we must receive and acknowledge your instructions before the established funds transfer cutoff time displayed in Online Banking. Same-day, one-time transfers may not be cancelled once a transaction has been approved by the Bank); 
• Future-dated. Processed on the schedule Business Day (Note: Funds will be deducted from your designated Account on the scheduled initiation date that you have designated); or
• Recurring. Processed in accordance with a regular schedule you designate (Note: Any recurring transfers may be cancelled up to the established funds transfer cutoff time as displayed in Online Banking in advance of any scheduled initiation date or future date you may designate).  

 

In each case you must have sufficient Available Funds by the applicable cutoff time. We may decline or reverse transfers submitted without sufficient funds. Please note that additional fees may apply in the event of any overdraft, uncollected, or returned item, as further described in our Fee Schedule. Feature-Specific Terms appear in Appendix A to this Agreement.

Please note also that any scheduled initiation date will be the effective date you enter, or the next Business Day should the effective date entered fall on a weekend or holiday. Any instructions after the end of a Business Day will be processed the following Business Day. To cancel or change a scheduled transaction that is future-dated or recurring, you can use Online Banking and follow the instructions provided to you. 

1. External Transfers. You may transfer funds between your Accounts with us and accounts at other financial institutions when available. We may apply transfer limits, verification steps, or security restrictions. External Transfers may be delayed or reversed for risk, fraud, or compliance reasons. Feature-Specific Terms appear in Appendix A to this Agreement. 

 

1. Bill-Payment Service. If enrolled, you may schedule payments to Payees from your designated Funding Account. Payments may be made electronically or by check. Delivery timeframes vary based on Payee capabilities. You are responsible for reviewing payment dates, Payee information, and Available Funds. Feature-Specific Terms appear in Appendix A to this Agreement. 

 

1. Mobile Banking. After enrolling in Online Banking, you may access the Service using a supported Mobile Device. Mobile functionality may include viewing balances, transferring funds, paying bills, receiving alerts, and locating branches or ATMs. Some features may not be available on all devices or networks. Carrier data and messaging rates may apply.

 

1. Description of Mobile Text Banking Commands. Listed below are the Mobile Banking commands available for your use with Mobile Banking. We may change these command descriptions from time to time: 

 

• BAL- Returns Balance of default account 
• BAL ALL- Balances of all enrolled account 
• BAL <alias>- Balance for specific account 
• ACT- Returns last 5 transactions of default account 
• ACT <alias>- Returns last 5 transactions for specific account 
• HIST + texting nickname (ex. HIST C1)
• ATM + street or ZIP
• BRANCH + street or ZIP
• HELP- Returns general help information 
• CMD- Returns list of valid commands 

 

1. Mobile Check Deposit Capture. Subject to eligibility, you may deposit Original Checks by submitting images through our Mobile Banking app. You agree to:

 

• Endorse checks as instructed;
• Retain and destroy Original Checks as required;
• Avoid depositing prohibited or previously deposited items; and
• Maintain secure handling of Original Checks.
• Deposits are credited provisionally and may be rejected or reversed.

 

A Mobile Deposit is not considered received until we accept the image and confirm receipt within the Service. Additional terms governing Mobile Check Deposit Capture, including funds availability and duplicate-presentment rules, appear in Appendix A.  

1. Mobile Banking Limitations. Use of Online Banking may be subject to the following limitations, among others: 

 

• Dollar and Frequency Limitations on Transfers and Transactions. In addition to regulatory limits, we reserve the right to limit the frequency and dollar amount of Internal Transfers, External Transfers and/or Mobile Bill-Payment Transactions initiated via your Mobile Device for security reasons.

 

• All Mobile Devices. The Mobile Banking Service and some Mobile Banking Transactions may not be available on all types of Mobile Devices. You also understand and agree that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.

 

If an outage prevents you from notifying us of an unauthorized transfer, you must notify us as soon as reasonably practicable thereafter; your Reg E rights do not depend on system availability. If a system outage or other circumstance beyond your control prevents timely notice, the deadlines under 12 C.F.R. § 1005.6(b)(5) are extended to the next reasonable opportunity. It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device (including its telephone number, the telecommunications carrier, and your email address), and to notify us immediately if any of this information changes or if service to your Mobile Device is terminated. We reserve the right to refuse or cancel your registration for the Mobile Banking Service if we cannot verify information about you and/or your Mobile Device.

 

1. Stop Payments (Checks Only). For any preauthorized EFT, your stop-payment rights are governed by Regulation E, and nothing in this section limits those rights. You may request a stop payment on a check you issued as described in this Agreement and Appendix A. A stop payment may not be effective if the item has already been paid or if the identifying information you provide is incorrect or incomplete. Additional fees may apply; please see our Fee Schedule.

 

APPENDIX A – FEATURE-SPECIFIC TERMS FOR CONSUMER DIGITAL BANKING

 

The Bank has retired certain legacy features referenced in earlier versions of this Agreement and related disclosures. Any prior references to Popmoney® are superseded and shall be deemed to refer to the Bank’s current peer-to-peer (“P2P”) services described in Section A.1 (Zelle® and Other P2P Payments). Any prior references to TransferNow® or “TransferNow External Transfers” are superseded and shall be deemed to refer to the External Transfer features described in Section A.2 (ACH Transfers – Consumer) below. Legacy terms associated with Popmoney® or TransferNow® have no continuing force or effect.

 

For clarity, the Feature-Specific Terms in this Appendix A apply only when the corresponding feature is displayed within the Service and you affirmatively accept any required terms at the time of enrollment or first use. For purposes of this Appendix A, the term “Business Day” has the meaning set forth in the Definitions section of this Agreement. 

 

In the event of any conflict between this Appendix A and the main Consumer Online and Mobile Banking Agreement, the terms in this Appendix A control for the features addressed herein.

 

A.1 Zelle® and Other P2P Payments 

 

1. Short-Form Disclosure Provided Upon Enrollment. Zelle® is intended for sending money to people you know and trust. Payments sent to an enrolled recipient are generally final and cannot be reversed once processed. Zelle® does not offer purchase protection for authorized payments. In general, when you initiate a transfer yourself, even if you were tricked or persuaded into doing so, the transfer is not treated as an “unauthorized” electronic fund transfer under Regulation E (12 C.F.R. Part 1005). Always confirm the recipient’s email or U.S. mobile number before sending. The Bank cannot guarantee recovery of funds sent to the wrong person. Zelle payments may be sent and received in real time. Once a Zelle payment has been sent and accepted by the recipient’s financial institution, it cannot be canceled or reversed.

 

2. Provider and Scope. Zelle® payments are provided through the Service by the Bank and its Service Providers. Zelle® does not hold a deposit account or transfer money on its own behalf; all funds are transmitted by the Bank or another participating financial institution. By enrolling or using Zelle®, you must review and affirmatively accept the Zelle Network terms presented in-app. Only those Zelle network terms you affirmatively accept (including the Zelle Network User Agreement maintained by Early Warning Services, LLC) are incorporated into this Agreement.

 

3. Eligibility. You must be 18 years of age or older, have an eligible U.S. consumer checking account, and a U.S. mobile number or email. No international payments are permitted, and no escrow or installment use is allowed.

 

4. Timing. Transfers may be completed instantly or may take up to three (3) Business Days to complete, depending on factors including but not limited to: fraud and risk assessments, transaction limits, recipient enrollment status, and the policies of the recipient’s financial institution. For cutoff and posting times generally, see Processing Cutoff Times in Section 6 of the Additional Service Features above.

 

5. Finality. Transfers you authorize to another person using Zelle® are irrevocable. Except as otherwise provided by Applicable Law, payments you authorize and send to the recipient you designate are not “unauthorized” solely because you were induced by fraud or scam. Unauthorized access to your Account or credentials is covered by Regulation E and will be handled in accordance with 12 C.F.R. § 1005.6 and § 1005.11. Zelle® does not provide purchase protection for authorized payments, including situations where goods or services are not received, are damaged, or do not match expectations. Nothing in this Section limits your rights under Regulation E for unauthorized electronic fund transfers, including those resulting from compromise of your credentials.

 

6. Limits and Risk Controls. We may establish and modify dollar amount and velocity limits for transfers at our discretion. We reserve the right to delay, block, or reverse any payment if we reasonably believe it is necessary to prevent fraud, comply with applicable law or regulatory requirements, or protect the security of the Service. We will provide you with notice of any such action as soon as reasonably practicable, except where providing notice would compromise security or violate applicable law. If we reverse a payment, we will credit your account for the amount reversed, subject to our investigation and verification of the circumstances.

 

7. Prohibited Use. You may not use this Service for: (i) any commercial or business purposes; (ii) gambling or any illegal activity; (iii) transactions that violate applicable law; (iv) sending funds to yourself at another financial institution for the purpose of circumventing funds-availability policies; or (v) purchase of goods or services, except as expressly permitted by the Zelle Network User Agreement. Violation of these restrictions may result in immediate suspension or termination of your access to the Service.

 

8. Liability. Consumer unauthorized-transfer protections under Regulation E (12 C.F.R. Part 1005) apply to eligible electronic fund transfers from a consumer account as defined in 12 C.F.R. § 1005.2(e). These protections do not apply to payments that you authorized, even if you later claim the payment was sent to an unintended recipient due to your error in providing recipient information. Business or non-consumer payments are governed by the Uniform Commercial Code Article 4A as adopted in Arkansas (Ark. Code Ann. § 4-4A-101, et seq.) and applicable network rules. If you believe an unauthorized transfer has occurred, you must notify us immediately in accordance with the error resolution procedures set forth in this Agreement. A transfer that you initiate, even if you were induced by fraud, manipulation, or misrepresentation, is not an ‘unauthorized electronic fund transfer’ under Regulation E (12 C.F.R. § 1005.2(m)). For questions or errors involving Zelle® transfers, you must follow the Error Resolution procedures set forth in Section 42 of this Agreement (Error Resolution Notice). Nothing in this section affects your right to dispute an unauthorized electronic fund transfer under 12 C.F.R. § 1005.6 or your right to receive an investigation under 12 C.F.R. § 1005.11.

 

9. Trademarks. Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and used herein under license.

 

10. Misdirected Payments. Payments sent to the wrong recipient due to incorrect information you provided (including incorrect phone number or email) are considered authorized and generally cannot be reversed once processed. The Bank has no obligation to recover such funds, but may provide reasonable assistance as a courtesy, without guaranteeing recovery. Unauthorized electronic fund transfers involving Zelle® remain subject to Regulation E; however, authorized-but-misdirected payments are your sole responsibility. Nothing in this Section limits any rights you may have under the Electronic Fund Transfer Act and Regulation E for unauthorized electronic fund transfers.

 

A.2 ACH Transfers (Consumer) 

 

1. 1. Background, Authorization and Ownership. The Bank offers electronic funds transfers (“ACH Transfers”) through the ACH Network, governed by the NACHA Operating Rules and Regulation E (12 C.F.R. Part 1005). ACH credits or debits you initiate through the Candescent Digital Banking Service may be subject to posted daily cutoff times and dollar limits (see Processing Cutoff Times in Section 6 of the Additional Service Features above). You represent and warrant that: (i) you are the owner of each external U.S. deposit account (“External Account”) you link to the Service, or you have full legal authority to initiate transfers to and from such External Account; (ii) all information you provide regarding any External Account is true, accurate, and complete; and (iii) you will immediately notify us if your ownership of or authority over any External Account changes or terminates. We may refuse to link any External Account for any reason, including fraud, security, or compliance concerns. You authorize the Bank and its Service Providers to originate ACH debits and credits between your account(s) and any External Account to carry out your instructions and to correct any error by debit or credit entry as permitted by law. Consumer ACH debits and credits are governed by Regulation E (12 C.F.R. Part 1005). Non-consumer ACH entries are governed by Arkansas Uniform Commercial Code Article 4A. For clarity, ACH entries between two accounts held at the Bank (“on-us transfers”) are not governed by the NACHA Operating Rules. Consumer WEB debit origination to external accounts is not permitted; only outgoing ACH credits and authorized pull debits initiated through the Bank’s verification process are allowed. For consumer Accounts, ACH transactions initiated through the Service are limited to consumer-entry SEC codes permitted by NACHA for consumer use (e.g., PPD, WEB). Business SEC Codes (including CCD and CTX) are not permitted. All consumer ACH entries are governed by the Electronic Fund Transfer Act and Regulation E, and by the NACHA Rules applicable to consumer entries.

 

2. Authorization and Verification. You authorize the Bank to originate ACH entries to and from your Eligible Transaction Account in accordance with your instructions and to correct any errors by debit or credit entry as permitted by law. We may use micro-deposits or other methods to verify ownership. We reserve the right to decline to add, or to remove, any External Account at any time in our sole discretion, including but not limited to circumstances where: (i) we are unable to verify your ownership or authority; (ii) we detect suspicious activity; (iii) the External Account has been closed or restricted; or (iv) we determine that the External Account poses a risk to the Bank or the Service. We will provide you with notice of any such action when reasonably practicable. Micro-deposit verification may delay initial availability of ACH Transfers.

 

3. NACHA Rules and Compliance. All ACH Transfers are governed by the NACHA Operating Rules. International (“IAT”) entries are not permitted. You agree to: (i) provide accurate and complete routing numbers, account numbers, and other information required to process ACH Transfers; (ii) comply with all applicable federal and state laws and regulations, including without limitation the rules and regulations of the Office of Foreign Assets Control (“OFAC”) administered by the U.S. Department of the Treasury; and (iii) not use the Service to conduct any transaction that would violate the Bank Secrecy Act, USA PATRIOT Act, or any anti-money laundering laws or regulations. You acknowledge that we may be required to block, reverse, or report transactions that we believe may violate these requirements. These obligations cannot be altered or waived by agreement, and we may do so without prior notice to you where necessary for compliance. We may freeze or reject any transfer, without prior notice, if required by OFAC regulations. You also agree not to use the Service to initiate any transaction that violates the Unlawful Internet Gambling Enforcement Act and its implementing regulations (12 C.F.R. Part 233) or NACHA’s rules on unlawful Internet gambling.

 

4. Scheduling; Cutoffs. Transfer instructions received after the applicable cutoff time or on a day that is not a Business Day will be processed on the next Business Day. The term “Business Day” has the meaning assigned in the General Terms. Posted cutoff times in the Service apply (Processing Cutoff Times in Section 6 of the Additional Service Features above). 

 

5. Returns and Reversals. Entries may be returned (for example, for insufficient funds, account closed, or invalid account number). Returned items and re-presentments are handled in accordance with Applicable Law, including the NACHA Operating Rules, Regulation E (for consumer electronic fund transfers), and, as applicable, Arkansas Uniform Commercial Code Articles 4 and 4A (for non-consumer transactions). Reversals will be initiated only for the reasons permitted under the NACHA Rules, including: (i) erroneous entries, (ii) duplicate entries, or (iii) entries for the wrong dollar amount. Reversals must be initiated within the timeframes permitted under the NACHA Operating Rules (generally within five (5) Business Days of settlement). Reversals do not guarantee that funds can be recovered, and we are not responsible for any loss resulting from your provision of incorrect information. If you provide an incorrect routing number or account number, you may lose the transferred funds, and we are not responsible for recovering such funds.

 

6. Stop-Payment on Scheduled Pulls. You may stop payment on a recurring ACH debit at least three (3) Business Days before the scheduled debit date. One-time immediate transfers cannot be stopped after submission. If you provide oral notice, we may require written confirmation within fourteen (14) days as permitted under applicable law.

 

7. Limits. We may establish or change per-transaction, daily, or monthly limits upon reasonable notice to you, except in cases of suspected fraud or security concerns. We may hold funds or delay processing for security, fraud-prevention, or compliance reasons. In such cases, we will notify you as soon as reasonably practicable.

 

8. Errors/Unauthorized Activity. Regulation E (12 C.F.R. Part 1005) applies to qualifying consumer EFTs. 

You must promptly review activity and notify the Bank as required under the General Terms (Error Resolution). External Transfers, or those transfers between external U.S. accounts you own, are governed by this section. External Transfers may not be used to make loan payments to the Bank; see Section A.16 (External Loan Payments). External Transfers under this Section A.2 are available only for eligible consumer accounts.

 

9. ACH Processing Windows. Same Day ACH requests must be submitted prior to the cutoff time displayed in the Service. Next-day ACH transactions settle on the following Business Day. Return timeframes are governed by NACHA Rules, including R01 (insufficient funds), R10/R11 (unauthorized), and R29 (corporate authorization). We are not responsible for delays or returns caused by the receiving institution.

 

A.3 Wire Transfers (Consumer) 

 

1. Scope and Governing Law. Domestic wire transfers are governed by Arkansas Uniform Commercial Code Article 4A (Ark. Code Ann. §§ 4-4A-101 et seq.), Federal Reserve Regulation J (12 C.F.R. Part 210), and Federal Reserve Operating Circular 6 (Fedwire®). If a wire transfer qualifies as an EFT from a consumer account, applicable provisions of Regulation E (12 C.F.R. Part 1005) apply. 

 

2. International (Remittance) Transfers. International consumer wire transfers that meet the definition of a “remittance transfer” under 12 C.F.R. § 1005.30 are governed by Regulation E, Subpart B. For remittance transfers, you have the right to cancel within 30 minutes of payment and receive a refund of principal and fees, subject to the conditions set forth in 12 C.F.R. § 1005.36. Additional disclosures regarding exchange rates, fees, and delivery times will be provided before you authorize the transfer.

 

3. Processing and Cutoff Times. Wire requests received before the Bank’s posted daily cutoff time process the same Business Day; later requests process the next Business Day. Domestic wire requests must be submitted and accepted by 3:00 p.m. Central Time to be processed on the same Business Day. Requests received after the cutoff or on a non-Business Day will be processed on the next Business Day. The Bank may adjust wire cutoff times upon notice, except where immediate changes are required for security, fraud-prevention, or compliance reasons. For more information, see Processing Cutoff Times in Section 6 of the Additional Service Features above. 

 

4. Reliance on Information Provided. We may rely on the routing or account number you provide even if it conflicts with a name you supply (Ark. Code Ann. § 4-4A-207). You are responsible for the accuracy of all information provided. If you provide an incorrect account or routing number, you may lose the funds transferred, and we will not be liable for any resulting loss.

 

5. Finality and Reversal. Once transmitted, wire orders are final except as otherwise provided by law. Wires are generally not reversible after execution unless the receiving financial institution voluntarily agrees to return the funds. The Ba

nk has no obligation to compel or require the receiving institution to return funds.

 

6. UCC Article 4A; Our Liability. Wire transfers are governed by UCC Article 4A and, where applicable, Federal Reserve Operating Circular 6. We may rely on the security procedures established for wire transfers, and you agree they are commercially reasonable. Cancellation or amendment requests may be honored only if received before the wire is executed and only to the extent permitted by UCC Article 4A. We may reject, delay, or suspend a wire transfer if required for fraud-prevention, OFAC compliance, or to satisfy Applicable Law. The Bank’s liability for delay, error, or failure to complete a wire is limited as permitted by Applicable Law, including Arkansas Uniform Commercial Code Article 4A, and by Section 41 of this Agreement. For consumer wire transfers subject to Regulation E, our liability is governed by 12 C.F.R. § 1005.11 and may not be limited below the protections provided therein.

 

A.4 Remote Deposit Capture and Mobile Remote Deposit Capture 

 

1. Service Description. The Remote Deposit Capture (“RDC”) feature permits you to deposit eligible checks to your Deposit Account by transmitting digital images using a mobile device or scanner. Substitute checks created from your Mobile Deposits are subject to the Check Clearing for the 21st Century Act (“Check 21”). Your consumer recredit rights for substitute checks are described in your Deposit Account Agreement, which is herein incorporated by reference.

 

2. Eligible Items. Only U.S.-dollar checks payable to you and drawn on U.S. financial institutions are accepted. Foreign, third-party, altered, stale-dated, or otherwise prohibited items are ineligible. Treasury checks, money orders, credit card checks, savings bonds, and remotely created checks are not eligible for RDC.

 

3. Restrictive Endorsement. You must endorse each check on the back with: “For Mobile Deposit Only at The Farmers & Merchants Bank” plus your signature and account number. We may reject items without the required legend. Failure to include the restrictive endorsement may result in duplicate presentment liability if the check is deposited or cashed elsewhere.

 

4. Funds Availability. Availability Policy provided to you under Regulation CC (12 C.F.R. Part 229). This Agreement does not alter the Bank’s Funds Availability Policy. All holds and exceptions applied to mobile deposits will follow that Policy. Deposits after the cutoff or on non-Business Days are treated as received the next Business Day. Deposits and funds availability follow our Funds Availability Policy disclosed separately and incorporated herein by reference. Funds may be delayed beyond the standard availability schedule for reasonable cause, including but not limited to: new accounts, large deposits, redeposited checks, repeated overdrafts, or reasonable doubt about collectability. We will notify you if we delay availability and provide the reason for the delay and when funds will be available, as required by Regulation CC (12 C.F.R. Part 229). A deposit made through RDC is not considered “received” by the Bank until we accept the image and notify you of deposit receipt within the Service. Funds availability for Mobile Remote Deposit Capture deposits is determined by the Bank’s Funds

 

5. Duplicate Presentation and Warranties. You represent and warrant that: (a) each check image you transmit is a true and accurate image of the original check; (b) no check image will be deposited or presented again in any form; (c) you have not altered or modified the check; and (d) you will properly secure and destroy the original check after deposit. You agree to indemnify and hold harmless the Bank from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to duplicate presentment or breach of these warranties. Your liability for duplicate presentment or alteration is subject to the limitations set forth in 12 C.F.R. § 229.38.

 

6. Retention and Destruction. You must retain each original check in a secure location for at least fourteen (14) calendar days after the deposit is posted to your account, or such longer period as we may specify. After the retention period, you must destroy the original check by shredding, burning, or other secure method that renders it unreadable and incapable of reconstruction. You must provide the original check to us upon request during the retention period for verification or investigation purposes.

 

7. Returns and Adjustments. If an item is returned unpaid for any reason (including insufficient funds, stop payment, closed account, or unauthorized signature), we may charge back your account for the full amount of the item plus any applicable return fees, and reverse any provisional credit or availability previously provided. You are liable for any loss, fees, or damages resulting from returned items, including but not limited to return fees, overdraft fees, and any costs we incur in attempting to collect the amount due. We may charge back your account even if doing so creates or increases an overdraft.

 

8. Limits, Controls, and Suspension. We may establish or modify per-item, daily, or monthly limits and may suspend RDC for risk or security reasons.

 

9. Image Quality. The Bank may reject any image that fails image-quality or endorsement standards. You warrant that each image is of sufficient quality, legibility, completeness, and that the item will not be presented again in any form.

 

10. Regulation CC; Image Warranties. Mobile Deposits are subject to Regulation CC (12 C.F.R. Part 229). You make all substitute-check, duplicate-presentment, and encoding warranties under 12 C.F.R. § 229.34. You agree not to deposit or present, directly or indirectly, any check or image that has already been deposited or presented elsewhere. You are liable for any loss arising from a duplicate deposit or breach of these warranties. You authorize the Bank to create a substitute check or electronic image as needed to process your deposit.

 

11. Customer Duty to Examine Statements. You must promptly review your account statements and notify us of any unauthorized, altered, or duplicate check postings as required under Arkansas Uniform Commercial Code § 4-4-406. Failure to do so within the timeframes stated in your Deposit Account Agreement and Applicable Law may reduce or eliminate your ability to recover losses associated with such postings.

 

12. Cutoff Time. Cutoff Time. Mobile Check Deposits submitted after 5:00 p.m. Central Time or on a non-Business Day will be deemed received on the next Business Day. This cutoff controls over any general cutoff in the Agreement.

 

A.5 “See What They See” Support View  

 

1. Purpose. This allows authorized Bank representatives, with your consent, to view a read-only “See What They See” tool that mirrors your Online Banking screen for diagnostic purposes.

 

2. Scope of Access. With your consent, Bank personnel may view your Online Banking screen for support only. They cannot initiate or approve transactions, or access non-displayed data. Bank personnel cannot view masked data, stored credentials, or any information not visible on your screen during the session, and do not have access to your device, files, or other applications.

 

3. Consent and Logging. Sessions require your affirmative acceptance and are logged and monitored for security and compliance. You consent to such limited screen sharing when requested during support sessions.  You may terminate a session at any time. Consent expires at session end. 

 

4. No Advice Warranty. Support viewing is for technical support only, and does not constitute financial, legal, or tax advice.

 

A.6 Biometric Login (Touch ID, Face ID, Android Fingerprint) 

 

1. Device-Level Feature. You may enable biometric authentication on supported Mobile Devices to access Online Banking. Biometric credentials are stored on your device, not by the Bank. Anyone whose biometric is enrolled on your device may be able to access the Service. You are solely responsible for ensuring that only authorized individuals have biometric credentials enrolled on your device.

 

2. Your Authorization and Responsibility. Anyone whose biometric is enrolled on your device may access Online Banking. You are responsible for maintaining control of your device and for all activity when biometric access is enabled. If others’ biometrics are enrolled or the device is lost/compromised, you must turn off biometric access and notify us immediately. Until you provide such notice, you remain fully liable for all transactions conducted using biometric authentication on your device. Nothing in this Section limits your rights under Regulation E for unauthorized electronic fund transfers.

 

3. Compatibility, Loss, Compromise, and Availability. We do not warrant or guarantee biometric availability or compatibility across devices/OS versions. We may disable the feature for security. If the device is lost or others are enrolled, turn off biometric access and notify us immediately. 

 

4. Liability and Regulation E Coverage. The Bank and its vendors do not store or receive biometric data and are not liable for any loss resulting from device-level compromise or unauthorized enrollment. Regulation E (12 C.F.R. Part 1005) protections apply only to unauthorized electronic fund transfers, and they govern your rights and our obligations with respect to such transfers.

 

A.7 Account Aggregation and Financial Management Tools (MX PFM; Direct Connect for Quicken and QuickBooks)

 

1. Overview. The MX PFM service allows you to connect external accounts and view consolidated financial data within Online Banking. The Direct Connect feature allows you to link your account data to compatible financial-management software such as Quicken® or QuickBooks®. Data is provided “as is” and “as available.” 

 

2. Authorization. If you link external accounts, you authorize us and our Service Providers to retrieve and display data from third parties on your behalf. Do not share your Bank credentials with any third party.

 

3. Use and Accuracy. Aggregated data and insights are provided “as is.” Balances or histories may differ from the source system at any time. You agree that we are not liable for aggregator outages or third-party data errors. The Bank does not control or guarantee the accuracy or availability of external data and is not liable for data errors, delays, or unauthorized access resulting from credentials you provide. 

 

4. Direct Connect. Connectivity to Intuit (Quicken®/QuickBooks®) is provided as available. We are not responsible for Intuit software issues, changes, or fees. The Bank makes no warranty as to accuracy, timeliness, or completeness of downloaded data and is not liable for any software or licensing limitations, connection errors, or reconciliation differences.

 

5. Official Records and Security. Your Online Banking and Account Statements are the official record of your account activity. Data displayed through MX PFM or Direct Connect may differ from the official records of the Bank and the source institution at any time.

 

6. Third-Party Aggregators. If you share your credentials with a data aggregator (such as Plaid®, MX®, or similar services), you authorize that aggregator to access your Accounts. To the fullest extent permitted by Applicable Law, you acknowledge that any transactions initiated by such aggregator using your credentials will be treated as authorized by you. We are not responsible for errors or losses caused by any aggregator to whom you granted access. You must revoke aggregator access directly with the aggregator. You acknowledge that aggregators may store your credentials or data, and their access and use of your information is governed solely by their terms and privacy practices, not the Bank’s. The Bank does not control aggregator security standards and is not responsible for breaches or misuse of your data by any aggregator. Nothing in this Section 6 limits your rights or our obligations under the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005) with respect to unauthorized electronic fund transfers.

 

A.8 Bill-Payment Service (CheckFree®) 

 

1. Provider and Scope. The Bank’s Bill-Payment Service is powered by CheckFree® (an FIS company).

 

2. Governing Terms. All Bill-Payment transactions are governed by relevant provisions in this Agreement. If there is any conflict between the terms in this Section A.8 and provisions of the Agreement, the terms in the Agreement shall control. To the extent a Bill-Payment transaction constitutes an electronic fund transfer from a consumer account, Regulation E (12 C.F.R. Part 1005) applies.

 

3. Scheduling and Delivery. Scheduled payments must be submitted before the cutoff time displayed in the Service. Delivery dates are estimates and may vary based on Payee processing times. The Bank is not liable for delays caused by Payee processing or third-party systems beyond the Bank’s control. The Bank is not responsible for Payee posting delays, and you remain responsible for ensuring payments are scheduled with sufficient time to meet your due date. Delivery dates are estimates only. The Bank does not control Payee posting practices or delivery channels and does not guarantee that a Payee will credit your account on the date the payment is delivered.

 

4. Paper Check Payments. Some Payments may be sent by paper check. We are not responsible for delays, loss, or misdelivery of a paper check once it has entered the U.S. Postal Service or any third-party delivery system. Stop-payment requests for paper checks are subject to: (a) our ability to identify and place a stop on the specific item, (b) UCC Article 3 and Article 4 timing limitations, and (c) any stop-payment fee shown in our Fee Schedule.

 

A.9 Check Reorder Service 

 

1. Vendor and Fees. The Bank may make available a Check Reorder Service through approved third-party vendors (e.g., Deluxe®, Harland Clarke®). Orders placed through Online Banking are subject to vendor terms and applicable fees disclosed at the time of order. You acknowledge that the Bank is not a party to the vendor contract and has no liability for vendor performance, product defects, or delivery failures. We may share necessary account and personal information with the check vendor to fulfill your order, in accordance with our Privacy Notice. Production or delivery times are controlled by the vendor and the Bank is not responsible for vendor outages, printing delays, or carrier issues.

 

2. Regulatory Status. Check reorder transactions are not electronic funds transfers under Regulation E.

 

A.10 CardHub® (Card Management and Tokenization) 

 

1. Overview. CardHub® enables you to manage your Bank-issued debit or ATM card(s), including activation, suspension, transaction alerts, spending limits, tokenization for digital wallets, and card-freezing. 

 

2. Availability. Availability depends on network connectivity, carrier and processor systems, and third-party infrastructure. 

 

3. Liability. The Bank, its Service Providers and other Bank vendors are not responsible for failed card controls, delayed alerts, or processor outages. Card controls may not block all transactions, including certain offline or fallback transactions processed by merchants.

 

4. Governing Law. Transactions remain subject to applicable card-network rules (Visa®/Mastercard®) and the Electronic Fund Transfers Act 15 U.S.C. 1693, et seq. and its implementing Regulation E (12 C.F.R. Part 1005). 

 

5. Digital Wallet Disclaimer. Digital wallets (Apple Pay®, Google Pay™, Samsung Pay®) are governed by the wallet provider’s separate terms. The Bank is not responsible for wallet availability, token provisioning failures, wallet security settings, or wallet-initiated transactions. Card controls are provided as a convenience only. They do not block all transactions. Certain transactions (including those initiated by merchants under card-network rules) may still post even when a control is activated.

A.11 Goal Builder (Virtual Envelopes / Savings Tools) 

 

1. Function. Goal Builder is an optional savings-planning feature that allows you to create virtual envelopes or goals within your deposit account. 

 

2. Nature of Funds. Balances and transfers in Goal Builder are internal allocations only and do not create separate accounts or legal accounts. Goal Builder allocations do not increase FDIC insurance coverage or create separate insurable accounts.

 

3. Applicable Terms. Withdrawals and transfers are subject to the same terms, limits, and fees applicable to your Deposit Account Agreement. 

 

A.12 Electronic Statements (E-Statements)

 

1. Enrollment and Consent. You may elect to receive Account Statements electronically through Online Banking. By enrolling in electronic statements, you consent to receive all periodic account statements in electronic form and acknowledge that you have the ability to access, view, print, and retain such statements. You may withdraw your consent and return to paper statements at any time without penalty. Your withdrawal of consent may take up to two (2) Business Days to take effect.

 

2. Legal Framework. Consent, delivery, termination, and paper-copy rights are governed by federal law, including the E-Sign Act (15 U.S.C. § 7001 et seq.), and Arkansas law, including the Uniform Electronic Transactions Act as adopted in Arkansas (Ark. Code Ann. § 25-32-101 et seq.). 

 

3. Contact Information. You must maintain a valid email address and promptly update contact information. Failure to maintain current contact information may result in your inability to receive important notices and disclosures required by law, and you may be responsible for any consequences resulting from such failure. You are responsible for retrieving and reviewing statements made available electronically, regardless of whether you receive email notifications.

 

4. Cancellation and Fees. Upon cancellation of electronic delivery, paper statements will resume. Any fees for paper statements will be assessed in accordance with the Bank’s Fee Schedule, as disclosed to you separately and as may be amended from time to time with notice as required by law.

 

A.13 Notifi® Alerts and Notifications 

 

1. Description. The Bank may offer optional alerting features (“Notifi Alerts”) for balance, transaction, or security events via email, SMS, or push notification. 

 

2. Purpose and Limitations. Alerts are provided for convenience only and do not replace account monitoring obligations. 

 

3. Delivery and Liability. Delivery or failure of alerts does not affect your obligation to regularly review account activity or limit your rights under Regulation E (12 C.F.R. Part 1005). You remain responsible for monitoring your account and reporting unauthorized transactions within the timeframes specified in Regulation E to preserve your error resolution rights. Delivery speed and accuracy depend on third-party networks. The Bank is not liable for delayed, blocked, or failed notifications. Message and data rates may apply. Alerts may be delayed or not received due to carrier or internet provider issues outside the Bank’s control.

 

A.14 Shared Access and Delegated User Entitlements 

 

1. Delegation. You may authorize another person (“Delegate”) to access specific Online Banking accounts or functions under your profile. Such authorization must be provided in a manner acceptable to the Bank and may require written documentation. By granting such access, you represent that you have the legal authority to authorize the Delegate’s access to the specified accounts. 

 

2. Responsibility. You are fully responsible for all actions taken by a Delegate, including any unauthorized actions, until you revoke access within the Service and such revocation becomes effective. Revocation will become effective within one (1) Business Day after you submit the revocation through the Service. You remain responsible for any actions taken by the Delegate before the revocation becomes effective. A Delegate is an authorized user only to the extent you voluntarily provided access credentials or device control. Unauthorized access obtained through fraud, theft, or device compromise remains subject to the protections of Regulation E. Transactions performed by a Delegate are not “unauthorized” unless they exceed the authority you expressly granted. Nothing in this Section limits your rights or our obligations under the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005) with respect to unauthorized electronic fund transfers from a consumer Account.

 

3. Bank Discretion. The Bank may also place temporary holds or restrictions on affected Accounts if necessary to investigate suspected fraud or unauthorized activity. The Bank may suspend or revoke delegated access at any time if the Bank reasonably believes such action is necessary to protect the security of your account, prevent fraud, or comply with applicable law. The Bank will provide notice of such suspension or revocation as soon as reasonably practicable under the circumstances, subject to Regulation E. We may require in-person identity verification from you or the Delegate before modifying access. If a system outage or other circumstance beyond your control prevents timely notice, the deadlines under 12 C.F.R. § 1005.6(b)(5) are extended to the next reasonable opportunity.

 

4. Credentials. Delegated users must have their own unique credentials, which may not be shared with any other person. Delegated users may be subject to additional security verification as determined by the Bank. Both you and the Delegate are responsible for maintaining the confidentiality of the Delegate’s credentials.

 

5. Delegated Access. If you permit another person to access your Accounts or the Service, you are responsible for all actions taken by that person. You agree to indemnify and hold us harmless from any Losses arising out of actions taken by such delegated users. We may terminate delegated access at any time without notice. 

 

A.15 TurboTax® Integration 

 

1. Scope. Through the Bank’s authorized vendor, you may export or import tax-related data to TurboTax® or other supported tax-preparation platforms. We do not transmit tax filings to the IRS, the Arkansas Department of Finance and Administration, or other state or federal tax agencies.

 

2. Third-Party Control. Data accuracy and processing depend on third-party systems, and the Bank does not verify imported data or provide tax, accounting, or legal advice. You are solely responsible for verifying the accuracy of all imported data and for your tax filings and obligations. We do not guarantee compatibility with any version of TurboTax® or third-party tax software, and availability may change without notice.

 

3. Governing Terms. Use is subject to the TurboTax® Terms of Service, privacy policy, and vendor disclosures, which are separate agreements between you and TurboTax® or its affiliates. The Bank is not a party to those agreements and is not responsible for the acts or omissions of TurboTax® or its affiliates. The Bank is not responsible for TurboTax® system outages, data-mapping errors, or software miscalculations.

 

A.16 External Loan Payments (From Other Financial Institutions) 

 

1. Overview. Permits payments on loans you have with The Farmers & Merchants Bank from your deposit or other accounts at other U.S. financial institutions.

 

2. Authorization. By initiating a payment, you authorize the Bank and its third-party service provider to originate one or more ACH debit entries from your external account in accordance with the payment instructions you provide. This authorization will remain in effect until you revoke it by providing notice to the Bank in accordance with this Agreement.

 

3. Processing and Cutoffs. Payments are subject to daily cutoff times as disclosed in the Service or otherwise communicated to you, and may take up to three (3) Business Days to post to your loan account. “Business Day” means a day other than a Saturday, Sunday, or federal holiday. You are responsible for initiating payments with sufficient time to meet your loan payment due dates. Payments may post later than the date funds are debited from your external account, depending on ACH network timing. The Bank does not guarantee same-day credit.

 

4. Returns and Fees. Returned or reversed payments may result in late fees, returned payment fees, and other charges under your loan agreement, as specified in the loan agreement and in accordance with applicable Arkansas law. You remain obligated to make timely payments on your loan, and a returned payment does not satisfy your payment obligation.

 

5. International Entries. International transfers are not permitted.

 

6. Error Resolution. Regulation E (12 C.F.R. Part 1005) applies to electronic fund transfers from consumer accounts as defined in that regulation. If the external account from which you are making payments is a business account or otherwise not covered by Regulation E, your rights and the Bank’s obligations will be governed by the terms of this Agreement, the account agreement with your external financial institution, and applicable law, including the Uniform Commercial Code as adopted in Arkansas. You must notify us of any suspected errors under timelines set forth in Regulation E and in the General Terms of the Agreement. 

 

ACCEPTANCE OF AGREEMENT 

 

By proceeding to use the Service(s), you acknowledge that you have read, understood, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Service, including any Online Transactions you initiate through the Service. 

 

IMPORTANT: PLEASE PRINT AND RETAIN THIS AGREEMENT FOR YOUR RECORDS