Service Agreement

(Revised as of March 17, 2013)

Welcome to internet banking at Regions Bank. This Service Agreement and Disclosure Statement for Regions Online Banking and Official Statements (the "Agreement") describes the terms and conditions for the use of our Regions Online Banking and bill payment services.

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Table of Contents

I. Introduction

II. Terms and Definitions

III. Online Banking

1. Electronic Banking Transactions
   
2. Limitations
   
3. Your Payee List
   
4. Scheduling Payments
   
5. Scheduling Delivery of Your Payments
   
6. Future Payment
   
7. Recurring Payment
   
8. Canceling or Changing Payments
   
9. Returned Payments
   
10. Stale-Dated Checks
    
11. Reviewing Payments
    
12. Account Inquiries
    
13. Funds Transfers
    
14. Deposit Only Account
    
15. Business Days (Service Hours)
    
16. Authorization
    
17. Payment Guarantee
    
18. Verification
    
19. Overdraft
    
20. Special Provisions for Non-Consumer Users of Online Banking
    
21. Electronic Fund Transfer Disclosure to Consumers

IV. Online Statements

1. General Service Description
   
2. Accounts Covered by the Online Statements Service
   
3. Accessing Online Statements and Other Statements Material
   
4. Review of Online Statements
   
5. Further Action
   
6. Service Condition

V. Mobile Banking Service

1. Description of Service
   
2. Use of the Mobile Banking Service
   
3. Relationship to Other Agreements
   
4. Software License Agreement
   
5. Additional Usage Obligations
   
6. Charges for the Service
   
7. Mobile Banking Service Limitations
   
8. Changes or Cancellation
   
9. Third Party Beneficiaries

VI. Regions Personal PaySM Service

VII. Same Day Payments

VIII. Western Union Online Money Transfer

IX.  My GreenInsights Financial Information Management

X.  Mobile Remote Deposit Capture Service

XI. Miscellaneous

1. PC Specifications
   
2. Equipment
   
3. Transaction Authorization
   
4. Protecting Your Personal Information
   
5. Your E-mail Address
   
6. Electronic Messaging and Emails
   
7. Fees
   
8. Errors or Questions
   
9. Termination
   
10. Exclusion of Warranties; Limitation of Liability
    
11. ARBITRATION AND WAIVER OF JURY TRIAL
    
12. Rules, Regulations and Other Agreements; Entire Agreement.
    
13. Unauthorized Alteration
    
14. Waivers
    
15. Assignment
    
16. Data Recording
    
17. Change of Terms; Electronic Disclosures
    
18. New Services
    
19. Delays
    
20. Applicable Law
    
21. Venue
    
22. Illegal Purposes
    
23. Construction of Defined Terms
    
24. Headings
    
25. Severability

I. Introduction

Welcome to electronic banking at Regions Bank. This Agreement and Disclosure Statement for Electronic Banking Services (the"Agreement") describes the terms and conditions for the use of our online banking, online payment, online account statements, and mobile banking services. You should read this Agreement carefully and keep an electronic or hard copy of it with your other account records. By enrolling for the use of any Service described in this Agreement, or by using or allowing any others to use any Service in relation to any of your accounts or financial products or services, you accept and agree to the terms and conditions of this Agreement as may be in effect from time to time. This Agreement consists of the following sections:

Section I - Introduction provides a general overview of this Agreement and the Services.

Section II - Terms and Definitions defines the meaning of certain words and terms used in this Agreement.

Section III - Online Banking provides the terms and conditions for use of the Online Banking Service.

Section IV - Online Statements provides the terms and conditions for use of the Online Statements Service.

Section V – Mobile Banking Service provides the terms and conditions for use of the Mobile Banking Service. The Mobile Banking Service is a part of the Online Banking Service and is further subject to the special Mobile Banking Service terms set forth in Section V. You must enroll for Online Banking in order to use the Mobile Banking Service.

Section VI – Regions Personal Pay^SM Service provides the terms and conditions for the Regions Personal Pay electronic person-to-person payment service.

Section VII – Same Day Payments provides the terms and conditions for the expedited bill payment service that is available through the Online Banking Service.

Section VIII – Western Union Online Money Transfer provides the terms and conditions for Western Union money transfer services that are available through the Online Banking Service.

Section IX – My GreenInsights Financial Information Management provides the terms and conditions for the use of our online financial management tools and services.

Section X – Mobile Remote Deposit Capture Service provides the terms and conditions for the use of the Mobile Remote Deposit Capture Service within our Mobile Banking Service application.

Section XI – Miscellaneous contains miscellaneous terms, conditions, and provisions (INCLUDING AN ARBITRATION AND WAIVER OF JURY TRIAL PROVISION) that are applicable generally to this Agreement and to all Services, products, and relationships contemplated by or arising out of this Agreement.

When you electronically accept the Consent for Electronic Communications and Disclosures (the "E-Sign Consent") and this Agreement at our website, you will be adopting and using an "electronic signature" which will signify your acceptance of and intent to be bound by all terms, conditions, and provisions of the E-Sign Consent and this Agreement. Your electronic acceptance of this Agreement also will also certify that you have provided and will continue to provide true, accurate, current, and complete information about yourself. If you do not electronically accept the E-Sign Consent and this Agreement in accordance with the instructions we provide, you will not be permitted to enroll in or use any of the Services contemplated by this Agreement.

ARBITRATION AND WAIVER OF JURY TRIAL. THIS AGREEMENT CONTAINS PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH PROVISIONS. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION.

II. Terms and Definitions

The following terms and definitions apply when used in this Agreement:

"Designated Funding Account" means the eligible account(s) you have with us from which you may make Payments.

"Due Date" means the date on which your Payment is due to your Payee as reflected in your Payee statement. It is not the late date or grace period.

"Financial Software" means a third party personal financial management application that may be used in connection with the Services and that is obtained by you for use in connection with the Services. The Services do not support all brands and versions of personal financial management applications. You should refer from time to time to the Online Banking section on www.regions.com for current information about supported Financial Software.

"Funds Transfer" or "Transfer" means a transfer of funds, initiated through an applicable Service, from one eligible Service Account to another.

"Future Dated Transfer" means a Funds Transfer that will be initiated on a future day depending on your selection of the Transmit Date.

"Future Payment" means a Payment, other than a Recurring Payment, that will be initiated on a future business day depending on your selection of the Transmit Date.

"Mobile Banking Service" means the Service within the Online Banking Service whereby you may use your Wireless Device to conduct certain banking transactions and inquiries.

"Online Banking" means the Service we provide under this Agreement whereby you may use your PC (and/or Wireless Device in the context of the Mobile Banking Service) to execute certain transactions and inquiries as described in this Agreement.

"Online Statements" means the electronic versions of your deposit account statements or GPR Card transaction histories, as applicable, that are made available to you through the Online Statements Service described in this Agreement.

"Password" means a personal or secret code or personal identification number (PIN) selected by you or issued to you by us, as the case may be, that will be used to obtain access to the Services. The term includes any additional access numbers, words, or codes required by the applications or equipment that you use in connection with the Services or that are otherwise established by you.

"Payee" means any person or entity to which you direct a Payment through an applicable Service.

"Payment" means the remittance of funds, initiated through an applicable Service, from a Designated Funding Account to a Payee.

"PC" means a personal computer (including, without limitation, any personal data assistant or other wireless computing or access device, or Wireless Device, as the context may require) that meets the requirements for use of the Services.

"Recurring Payment" means a regular Payment that is automatically made during recurring intervals permitted by an applicable Service based on a recurring Transmit Date.

"Service Account" means any account or other financial product or service that you maintain with us and for which you use any function or feature of a Service, including (i) your Designated Funding Account(s), (ii) all other deposit accounts eligible for a Service, (iii) eligible lines of credit from which funds may be transferred to other eligible Service Accounts, (iv) other asset accounts which may be funded from other eligible Service Accounts, (v) any eligible general purpose reloadable stored value card we have issued to you (“GPR Card”) and (vi) any other eligible account or financial product accessed using an applicable Service. All of these Service Accounts are subject to this Agreement. We reserve the right to determine the eligibility and/or ineligibility of any account or financial product as a Service Account, and the eligibility and/or ineligibility of any Service Account for any Service functionality or transaction, at any time and from time to time, in our sole and absolute discretion and without notice to you, subject to the requirements of applicable law.

"Service" means any product or service we provide to you under this Agreement, as the context may require.

"Transmit Date" means (i) with respect to Payments, the date on which the Payment is to be initiated for remittance to the Payee and (ii) with respect to Fund Transfers, the date on which the Funds Transfer is to be initiated for processing.

"User's Guide" means any instructional materials or information (as amended from time to time) provided in connection with the Services.

"We," "us" and "our" means or refers to, as the context may require, Regions Bank or any affiliate of Regions Financial Corporation with which you have established one or more Service Accounts, and any agent, independent contractor, designee, or assignees that we may, in our sole discretion, involve in the provision of the Services. With regard to any arbitration and/or waiver of jury trial provisions set forth in this Agreement, such terms additionally include any parent, subsidiary, or affiliate of Regions Bank, and any employees, officers, directors, agents and/or representatives of Regions Bank or of Regions Bank’s parents, subsidiaries, or affiliates.

"Wireless Device" means a compatible and supported mobile phone and/or other compatible and supported wireless devices that may be used in connection with the Mobile Banking Service.

"You," "your" and "yours" means or refers to (i) each and every person who now or hereafter is an account holder or owner with respect to, or has any interest in, any Service Account, and (ii) each and every person who now or hereafter subscribes to or uses the Services.

Other definitions may appear elsewhere within this Agreement.

III. Online Banking

1. Electronic Banking Transactions. You may use Online Banking to perform the following transactions with your PC:

We may from time to time enhance or expand the Service by providing additional features, functionality, and transaction capability. Any such enhancements or expansions will be subject to the terms and conditions of this Agreement. User's Guides may provide additional details and information regarding the functionality of the Service.

2. Limitations. Your use of the Service is subject to the following limitations: Electronic Devices. Because of technical limitations, you may not be able to perform certain Service transactions, including, but not limited to, Payments, with a wireless computing or access device (e.g., personal data assistants, cell phones, Wireless Devices, etc.).

Foreign Payments. Except as we may otherwise allow in our sole and absolute discretion, Payments to Payees outside of the United States or its territories are prohibited through the Service. Also prohibited are Payments that must be classified international automated clearing house transactions (IATs) under the rules of the National Automated Clearing House Association (NACHA). An IAT is defined generally as a payment that has been funded internationally or is being sent to another country and a part of the transaction will be processed via the automated clearing house network. The automated clearing house network is frequently used in processing of Payment transactions. You agree not to use the Service to initiate or participate in an IAT. It is your responsibility to determine whether any Payment you intend initiate would be an IAT and to comply with your obligation not to use the Service in connection with such a transaction. More information about IATs and NACHA’s rules for IATs is available at http://www.nacha.org.

Financial Software. Different Financial Software may have different capabilities and features, and the use of the Services may be limited or affected depending on the capabilities of the Financial Software that you use. Refer to the user manual for your Financial Software, or call us at the telephone numbers(s) provided in the "Errors or Questions" section of this Agreement for more information.

Other. Your use of the Service is subject to the following additional limitations: a. You acknowledge and agree that any payment of alimony, child-support, taxes, or other court-directed or governmental payments, fines, or penalties or any payment to settle a securities transaction through the Service is prohibited, and you agree not to make or attempt to make any such Payments. We may process or refuse to process any such Payments in our sole and absolute discretion. To the fullest extent permitted by law, you assume all risk relating to the proper scheduling, initiation, processing, transmission, receipt, and application of such Payments. You release us from any and all claims, liabilities, and/or damages resulting from your making or attempting to make any such Payments through the Service, whether such claims, liabilities, and/or damages arise (or would arise) under this Agreement or otherwise.

b. Except as we may otherwise allow in our sole and absolute discretion, you may not make a Payment in any currency other than U.S. dollars.

c. You are not permitted in any statement cycle or calendar month, whichever period is shorter, to make more than six transfers or withdrawals from a savings or money market account to another account you have with us or to a third party by means of preauthorized or automatic transfers, or by means of telephonic (including data transmission) agreement, order or instruction, or by means of personal computer (including online banking and payment services), or by means of draft, check, card, or similar order to a third party (to the extent permitted by the account). Reminder: Each Payment transaction transmitted from a money market account or other limited transaction account will count toward such account's transaction limitation during the statement period. In any event, we may not permit Payments to be made from limited transaction accounts.

d. Funds transferred from Service Accounts to loan accounts accessible through the Service will be applied to such loan accounts according to the terms and agreements of the loan accounts.

e. For security reasons, we may from time to time impose other limits or restrictions on the number and dollar amount or types of transfers or transactions that you can make using the Service. Also, there may be additional limitations described throughout this Agreement, and your ability to initiate transactions may be limited by the terms of other agreements you have with us or as described in other disclosures we have made to you, or by applicable law. You agree to abide by and be bound by all applicable limitations. Applicable User's Guides may provide additional information regarding limitations and restrictions.

3. Your Payee List.

You must provide sufficient information about each Payee, as we may request from time to time, to properly direct a Payment to that Payee and permit the Payee to identify the correct account to credit with your Payment. This information may include, among other items, the name and address of the Payee and your Payee account number. You are responsible for ensuring that the Payee information you provide is current, accurate, and complete, and you assume responsibility for any transaction error that results from stale, inaccurate, or incomplete Payee information furnished or entered into the Service application by you. You may add or delete Payees or change information with respect to Payees using Online Banking or by calling us at the telephone number(s) provided in the "Errors or Questions" section of this Agreement. You must allow five (5) business days after your additions, deletions, and changes are communicated to us before these additions, deletions, or changes become effective. We reserve the right, in our sole discretion, to categorize Payees and to determine at any time the category into which any Payee falls (for example, Payees may be categorized as "individual Payees" and/or "business Payees"), and to process Payments and other transactions differently for different categories of Payees. From time to time we may set or change the number of Payees you may designate to receive Payments through the Service. Additionally, to the fullest extent permitted by law, we reserve the right to refuse to pay any Payee to whom you may direct a Payment. We will notify you in the event we decide to refuse to pay a Payee designated by you; however, we may not notify you if you attempt to make a Payment prohibited under this Agreement. Certain Services may be subject to different or additional terms, conditions, and limitations regarding the creation and maintenance of, and the remittance of Payments to, Payees. Please refer to other sections of this Agreement, applicable User’s Guides, and/or on-screen help for more information regarding particular Services.

4. Making Payments to Payees. To electronically make a Payment using your PC, you will need to follow the instructions available in the Getting Started Guides available on www.regions.com. You also will need to follow the instructions and terms set forth in other sections of this Agreement, applicable User’s Guides and/or on-screen help as applicable to Payments made through particular Services.

You release us from all liabilities, claims, defenses, and rights that you may have or assert against any Payee arising out of any transaction between you and such Payee the payment (or any part thereof) for which is made or attempted by or through the Service.

5. Scheduling Delivery of Your Payments; Remittance of Payments. Depending on the Service you use, a Payee generally will not receive a Payment on the day that you enter the Payment due to the time that it takes to transmit the Payment. Any Payments made using the Service require sufficient time for the Payee to credit your account properly. To avoid incurring a finance charge or any other charge, you should schedule your Payment to arrive in advance of the Due Date indicated on your bill. We recommend that you allow for a period of at least five (5) business days, or two (2) business days in the case of Payments that may be remitted electronically, between the Transmit Date and the Due Date for each Payment. Additional time may be required for a Payment to be completed the first time you send a Payment to a Payee through the Service. This additional amount of time allows the Payee to adjust to the new form of payment. Payments generally must be entered by 8:00 p.m. Central Time, or by such other cutoff time as may be displayed, on a business day in order for the Payment to be initiated on the same day. If you enter the Payment after 8:00 p.m. Central Time, or such other cutoff time as may be displayed, the Transmit Date for the Payment will be the next business day. Certain Services may be subject to different cutoff and Payment transmission times. Please refer to other sections of this Agreement, applicable User’s Guides and/or on-screen help for more information about particular Services. We reserve the right to debit your Designated Funding Account in the amount of the requested Payment on the Transmit Date or any time thereafter. We may, at our discretion, remit your Payments by mailing your Payee a check drawn on your Designated Funding Account (or an account we maintain for this purpose), by electronic funds transfer, or by other means. If we elect to remit a Payment by check, you authorize us to execute checks drawn on your Designated Funding Account for the purpose of making Payments to your Payees initiated through the Service notwithstanding any resolution, signature card, or other document filed with us that purports to limit authority over any of your accounts, whether currently on file or submitted or modified in the future.

6. Future Payment. The Service may restrict the number of Future Payments allowed for a particular Payee. Also, a non-recurring Future Payment may not be scheduled more than one year in advance. If the Transmit Date for a Future Payment falls on a day other than a business day or on a day that does not exist (e.g., February 30), then the Transmit Date for the Future Payment will be rescheduled on the next following business day. For example, if you enter a Future Payment that results in a Transmit Date of August 5th, and August 5th is a Saturday, then the Transmit Date for that Future Payment would be rescheduled on August 7th (provided that August 7th is a business day). Please note that the Payment Guarantee described below does not apply to a Future Payment if there are not at least five (5) business days, or two (2) business days in the case of Payments that may be remitted electronically, between the Transmit Date and the Due Date. Certain Services in Online Banking may not permit you to schedule Future Payments. Please refer to other sections of this Agreement, applicable User’s Guides and/or on-screen help for more information about the capabilities of particular Services.

7. Recurring Payment. If the Transmit Date for any Recurring Payment falls on a day other than a business day or is a day that does not exist for the specified recurring period, then the Transmit Date for that Recurring Payment will be rescheduled on the next following business day of the specified period. For example, if the 5th day of each month is normally the Transmit Date for a Recurring Payment, and in one month during the recurring period the 5th falls on a Saturday, then the Transmit Date for the Recurring Payment to be made for that month would be the 7th day of the month (provided that the 7th is a business day). Differences in the days of the week may reduce the number of business days between your scheduled Transmit Date and your Due Date in any specified recurring period. In order to ensure that your Recurring Payments always allow at least five (5) business days between the Transmit Date and the Due Date, we recommend that you schedule the Transmit Date for each Recurring Payment to be at least ten (10) calendar days prior to your Due Date. Please note that the Payment Guarantee described below does not apply to a Recurring Payment if, for that specific Payment, there are not at least five (5) business days, or two (2) business days in the case of Payments that may be remitted electronically, between the Transmit Date and the Due Date. Certain Services in Online Banking may not permit you to schedule Recurring Payments. Please refer to other sections of this Agreement, applicable User’s Guides and/or on-screen help for more information about the capabilities of particular Services.

8. Canceling or Changing Payments.

a. Using the Service. You may use Online Banking to electronically change any scheduled Payment or electronically cancel a Payment by following the directions in the applicable Service application. Payments that you have scheduled, including Future Payments and Recurring Payments, may be canceled, changed, or rescheduled in this manner any time prior to 8:00 p.m. Central Time, or such other time as may be displayed, on the Transmit Date. Please note that the Service may offer you certain expedited or real-time payment and/or transfer options that may post transactions to your account immediately. You may not be able to change or cancel transactions that have been submitted using these payment and/or transfer options. Please refer to other sections of this Agreement, applicable User’s Guides and/or on-screen help for more information.

b. Other. You may request us to stop any Payment you have initiated through the Service by calling or writing to us at the address and telephone number identified in the "Errors or Questions" section of this Agreement; however, subject to the requirements of applicable law and other express terms and provisions of this Agreement, we shall have no obligation to stop payment on any Payment that has been initiated through the Service. If you request us to assist you in canceling, stopping, or obtaining a refund of any Payment initiated through the Service, you agree that any such request will be given in a manner that affords us a reasonable opportunity to act upon the request, and you agree that we may charge you, and you agree to pay, the fee applicable to stopping payment on a check, as listed from time to time in our fee schedule for deposit accounts. If you use the Service primarily for personal, family, or household use, other procedures and rights for stopping payment on transactions may be available to you as disclosed elsewhere in this Agreement.

9. Returned Payments. In using the Service, you understand that Payees and/or the United States Postal Service may return Payments to the Service for various reasons such as, but not limited to, Payee's forwarding address has expired, the Payee account number is not valid, the Payee is unable to locate the account, your account with the Payee is not in good standing, or the Payee account is paid in full. In the event a Payment is returned, you authorize us either to research and correct the returned Payment and resubmit it to your Payee or to void the Payment and credit the amount of the Payment to your Designated Funding Account, in our discretion. We shall have no liability to you in the event any Payee returns or refuses to accept your Payment.

10. Stale-Dated Checks. Paper checks that are issued to Payees are subject to become void after a reasonable amount of time has lapsed. We shall have the right, at our option and without notice to you, to pay or not pay any such check that is not presented to us for payment within 120 days after the issue date on the check. After a check has become stale-dated, the amount of the check will be credited back to your account from which the funds were drawn and the check will become void.

11. Reviewing Payments. The Service automatically stores records of past Payments and Payments scheduled for the future. The number of records that will be stored for any particular time period will vary at our discretion.

12. Account Inquiries. You may use the Service to determine the balance and recent activity in Service Accounts. Any balance or recent activity provided through the Service will include a date as of when the balance is current. The balance or recent activity provided through the Service may include deposits still subject to verification by us. Also, the balance or recent activity provided may differ from your records because it may not include deposits in process, outstanding checks, or other withdrawals, payments, or charges.

13. Fund Transfers. You may use the Service to transfer funds among eligible Service Accounts. To electronically schedule a Funds Transfer using Online Banking, you will need to follow the instructions available in the Getting Started Guides on www.regions.com. A Funds Transfer must be entered by 8:00 p.m. Central Time, or such other cutoff time as may be displayed, on a business day in order for the transfer to be posted to your account on the same day. A Future Dated Transfer may be scheduled as a one-time request or a recurring request based on the instructions entered with the request. Future Dated Transfers will be initiated on the Transmit Date requested, not on the date you enter the transaction into the Service application. Future Dated Transfers will transmit on any day, including holidays, weekends, and non-business days. For example, if you entered a Future Dated Transfer that results in a Transmit Date of August 5th, and August 5th is a Saturday, then the transfer will be initiated on Saturday, August 5th. A Funds Transfer request may not result in an immediate transfer of funds or immediate funds availability because of the time required to process the transaction. Please note, however, that the Service may offer you certain real-time Funds Transfer capability that may post transactions to your account immediately. You may not be able to change or cancel transactions that have been submitted using these real-time options (you may, however, initiate a new Funds Transfer to reverse the original transaction). Please refer to applicable User's Guides for additional information on Funds Transfer options. Future Dated Transfers may be cancelled or changed through the Service at any time prior to the Transmit Date.

14. Deposit Only Account. If offered as part of the Service, you may designate through the Service an account maintained with us by another person (a “Deposit Only Account”) for the purpose of making deposits to that account from funds in your eligible Service Accounts. You may do so on a one-time or recurring basis. Transfers from your eligible Service Accounts to Deposit Only Accounts will be made in the same manner as Transfers among your Service Accounts. We reserve the right to determine the eligibility and/or ineligibility of any account as a Deposit Only Account at any time and from time to time, in our sole and absolute discretion and without notice to you. This service is restricted to deposit Transfers only. You will not be able to otherwise access or view a Deposit Only Account for any reason. We may offer the Deposit Only Account option at our discretion, and the terms of this section are applicable only if we offer this option as part of the Service.

15. Business Days (Service Hours). Our business days are Monday through Friday. Holidays and days on which we may be closed due to emergency conditions are not included. Payment transactions may be initiated only on business days; however, the Service is available 24 hours a day, seven days a week (with the exception of maintenance periods) for the scheduling, modification, or review of Payment transactions, for balance inquiries, and for other Service functions and transactions.

16. Authorization. You agree that the methods and procedures for the authorization and authentication of Service transactions described in and contemplated by this Agreement constitute commercially reasonable security procedures under applicable law. Subject to the requirements of applicable law and other express terms and provisions of this Agreement, you are responsible for all Service Account transactions initiated or made through the Service. Without limiting the scope of the preceding sentence, if you allow any other person to use your Password or the Service, you will have authorized that person to access your Service Accounts and you are responsible for all transactions that person initiates or authorizes in connection with the Service Accounts. You agree to notify us immediately as provided in the "Errors or Questions" section of this Agreement if you believe that your Password has been lost or stolen or that any Service Account has been or may be accessed without your authorization. Telephoning is the best method for limiting your potential losses. You agree to take any reasonable actions requested by us to prevent unauthorized transactions to your Service Accounts.

17. Payment Guarantee. Subject to the limitations, terms and conditions of this Agreement and any applicable User's Guide, we will reimburse you for any late payment fees or penalties you are required to pay, up to a maximum of $50.00 per scheduled Payment, as a result of the failure of a Payee to receive a Payment made through the Service by the Due Date if you meet each of the following conditions:

18. Verification. You authorize us to investigate or reinvestigate at any time any information provided by you in connection with your application for the Service or the Service Account, and to request reports from credit bureaus and consumer reporting agencies for such purpose. You also agree that we may obtain information regarding your Payee account in order to facilitate proper handling and crediting of your Payments.

19. Overdraft. You agree not to use or attempt to use the Service to overdraw any Service Account, to exceed your limit on any credit account, or to engage in any transaction that is not specifically authorized and permitted. Such use or attempted use may result in the immediate cancellation of the Service and the Service Accounts, and may expose you to possible legal action. We may honor instructions to initiate transactions on the same business day (whether received through the Service, ATM or point-of-sale (POS) terminals, checks or other means) in any order we determine, even if honoring a particular item or instruction results in an insufficient balance in the Service Account to honor other instructions that otherwise could have been honored. If there are insufficient funds in the Service Account to complete the transaction you have initiated, we may either refuse to honor the request or complete the transaction and thereby overdraw the Service Account in our discretion. In either event, you are responsible for any insufficient funds or overdraft charges that we may impose, subject to the requirements of applicable law.

20. Special Provisions for Non-Consumer Users of Online Banking. The terms and provisions of this section are applicable to you to the extent that you are a non-consumer user of the Online Banking. Such terms and provisions do not apply to you to the extent that the Service is used by you, or the applicable Service Account has been established by you, primarily for personal, family, or household purposes. In the event that the following terms and provisions conflict or are inconsistent with any of the other terms and provisions of this Agreement, the following terms and provisions shall govern and control the conflict or inconsistency with respect to non-consumer use of the Service.

a. Transmission of Information; Unauthorized Use. You agree that we may transmit confidential information, including (without limitation) Password confirmations, to the current address shown in our records for any of your Service Accounts, or to the e-mail address you have provided in connection with your use of the Service, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business. In addition to any other security precautions set forth in this Agreement, you agree to keep your Password secure and strictly confidential, providing it only to authorized signers on your Service Account or other trusted employees, agents, and/or persons whom you want to act as your representative to access your Service Account, and to instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person. By using the Service (or permitting others to use the Service) you acknowledge and agree that this Agreement and any other related agreements with us set forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by any and all transactions performed through the Service, whether authorized or unauthorized, and we shall have no liability to you for any unauthorized transaction or inquiry with respect to your Service Account(s) made through the Service.

b. Examining Records and Reporting Discrepancies. You agree to examine your periodic account statements promptly, and to promptly and regularly review transaction information available through the Service, and to notify us immediately of any discrepancy between the statements or Service information and your other account records. You should notify us of discrepancies as provided in the "Errors or Questions" section of this Agreement. You agree that in no event will we be liable to you under this agreement in performing, failing to perform, or erroneously performing the transactions described in this Agreement. You also agree that in no event will we be liable for special, indirect, consequential damages, or for any other damages whatsoever, including but not limited to, lost profits or attorneys fees. The provisions of this section are not intended to affect and are subject to the express terms and conditions set forth in the "Payment Guarantee" section of this Agreement.

c. Consumer Protection Inapplicable. You acknowledge, represent and warrant that all Service Accounts that can be accessed under this Agreement are not accounts established primarily for personal, family or household purposes and that your use of the Service is not primarily for personal, family or household purposes. Accordingly, the provisions of the Electronic Fund Transfer Act, as amended (15 U.S.C. 1693 et seq.), Federal Reserve Regulation E, as amended (12 C.F.R. 205), and any other laws or regulations intended for the protection of or governance of transactions involving consumers or consumer accounts do not apply to any Service transactions affecting your Service Accounts.

d. Limitations and Restrictions; Disclosure of Account Information. You agree that we, in our discretion, may impose limitations and restrictions on the number, frequency, and dollar amount of Service transactions, as well as restrictions on the types of available transactions, with or without notice to you. In addition, you agree to comply with any limitations or restrictions that otherwise apply to your Service Accounts. You agree that we may disclose any information about your Service Accounts to third parties as we deem necessary or convenient for the processing of Service transactions.

21. Electronic Fund Transfer Disclosure to Consumers

(THE DISCLOSURES AND TERMS IN THIS SECTION ARE APPLICABLE TO YOU ONLY TO THE EXTENT THAT YOUR USE OF THE SERVICE AND/OR YOUR APPLICABLE SERVICE ACCOUNTS ARE PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD USE. SUCH DISCLOSURES AND TERMS DO NOT APPLY TO YOU TO THE EXTENT YOUR USE OF THE SERVICE IS FOR NON-CONSUMER PURPOSES AND/OR TO THE EXTENT YOU USE THE SERVICE IN CONNECTION WITH A GPR CARD. IF YOU ARE A GPR CARD CUSTOMER, PLEASE REFER TO YOUR GPR CARD TERMS AND CONDITIONS.)

Certain types of transactions that are handled completely or partially by electronics are subject to the Electronic Fund Transfer Act (EFT Act). These include certain transactions made through Online Banking. Your rights, protection, and liabilities as a consumer are outlined in the following disclosure in accordance with the EFT Act. Our obligations and liabilities are also summarized for you. Please read and become familiar with all parts of this disclosure. Be sure to retain the telephone numbers and addresses that you may need in order to limit your liability and to resolve problems that you may have concerning electronic transfers. This disclosure supplements other electronic fund transfer disclosures that you may receive in connection with other electronic fund transfer services affecting your accounts.

a. Types of Available Transfers and Limits on Transfers

(i)PC Transactions. The Service allows you to use your PC to make Payments to Payees from your eligible designated Service Account(s), to transfer funds between eligible designated Service Accounts, and to review account activity and balance information for eligible designated Service Accounts. These transactions and other services available through the Service are described in detail in Section III of this Agreement and in other parts of this Agreement.

(ii) Person-to-Person Payments. If you have an eligible Service Account enrolled in the Online Banking Service, electronic person-to-person payments may be made to or from that account through the Regions Personal Pay Service. These transactions are described in detail in Section VI of this Agreement, in the Regions Personal Pay Service Addendum to this Agreement, and in other parts of this Agreement.

(iii) Limitations on Dollar Amounts and Frequency of Transfers. Limitations apply to transfers and transactions that may be made through the Service. These limitations are described in detail in Section III of this Agreement and in other parts of this Agreement.

b. Right to Receive Documentation of Transfers. All of your transactions completed through the Service will appear on your periodic deposit account statement. You will receive a periodic account statement each month for each deposit account from which or into which a transaction through the Service has been completed during the month. For all other deposit accounts, you will receive a periodic statement at least quarterly, or as required by applicable law or the terms of the respective deposit agreements governing such accounts. The periodic statement will include a description of the transactions completed through the Service. The Payee name (including the Payee code, as applicable), Payment amount, and transaction date will be reflected for each Payment made through the Service.

c. Disclosures of Charges for Transfers or Right to Make Transfers. Fees and charges associated with the use of the Service are disclosed in the disclosure provided to you with the account at the time of opening and in fee schedules and disclosures that have been provided to you in connection with your account. Fees are subject to change. Please contact us as provided in the "Errors or Questions" section of this Agreement or visit one of our branches for current information about applicable fees. Any charges associated with the use of the Service are in addition to all service charges and fees applicable to and contained from time to time in our disclosures related to your account and/or other services related to your account.

d. Your Liability for Unauthorized Transfers; Advisability of Prompt Reporting. An unauthorized transfer means a transfer from your account that is initiated by another person without your authority to initiate the transfer and from which you receive no benefit. The term does not include any transfer that is initiated by a person who was furnished with the Password by you, unless you have notified us that transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification.

(i) Tell us AT ONCE by contacting us as provided in the "Errors or Questions" section of this Agreement if you believe your Password or any other device for accessing your account through the Service has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all your money in your account (plus your maximum overdraft or margin line of credit). If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your Password or other means of account access without your permission.

(ii) If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password or other device for account access, and we can prove we could have stopped someone from using your Password or other access device without your permission if you had told us, you could lose as much as $500.00.

(iii) Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

(iv) If we determine that extenuating circumstances kept you from telling us, we may extend the time periods.

e. Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Service Account on time or in the correct amount according to the terms of this Agreement and any User's Guide, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs:

There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

f. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your account or the transfers you make:

(i) Where it is necessary for completing transfers, or

(ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

(iii) In order to comply with government agency or court orders, or

(iv) If you give us your written permission, or

(v) Otherwise in accordance with our privacy notice or as described in this Agreement. You may obtain a copy of our privacy notice at any time by visiting any of our branches or by visiting our website.

g. What Constitutes a Business Day. For purposes of these disclosures, our business days are Monday through Friday. Holidays and days on which we may be closed due to emergency conditions are not included.

h. Stopping Preauthorized Payments. You may stop Recurring Payments (and any other "preauthorized electronic fund transfer" as defined by Federal Reserve Board Regulation E) by calling or writing to us at the address and telephone number identified in the "Errors or Questions" section of this Agreement. We must receive your request three (3) business days or more before the payment is to be made. If you call, we may also require you to put your request in writing and deliver it to us within fourteen (14) days after you call. If we require you to put your request in writing and you fail to provide this written confirmation to us within fourteen (14) days after your call, we may not honor your stop payment request for any Recurring Payment (or other "preauthorized electronic fund transfer") that is to be made after that fourteen (14) day period. We will be liable for your actual losses and damages (if any) if we fail to stop a Recurring Payment (or other "preauthorized electronic fund transfer") following a timely order by you.

i. In Case of Billing Errors or Questions about Your Electronic Transfers. If you think that your statement is wrong or you need more information about a transaction listed on your statement, contact us as soon as you can as provided in the "Errors or Questions" section of this Agreement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for transactions that have occurred within 30 days after the first deposit to the account) after we hear from you and will correct any error promptly. If we require more time, however, we may take up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) to investigate your complaint or question. If this additional time is necessary, and your written notification has been received by us, we will credit your account within ten (10) business days (twenty (20) business days for transactions that have occurred within 30 days after the first deposit to the account) 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 (twenty (20) business days for transactions that have occurred within 30 days after the first deposit to the account), we will not credit your account and we will still have up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) for our investigation. 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.

IV. Online Statements

1. General Service Description. The Online Statements Service provides you with an electronic version of your eligible Service Account statements or transaction histories that you may view, save to your PC and/or print at your convenience. The Online Statements Service also may include the delivery to you of electronic versions of the disclosures, notices, and information that we ordinarily transmit with account statements, including, but not limited to, our annual privacy notice ("Other Statement Material").

2. Accounts Covered by the Online Statements Service. As used in this Agreement, the term “Online Statements Account” means any Service Account which is enrolled in or otherwise eligible for the Online Statements Service, and the term “Online Statement” means any periodic statement or transaction history we provide for an Online Statement Account in connection with the Online Statements Service. You acknowledge and agree that we may at any time, in our discretion, qualify or disqualify any Service Account for eligibility as an Online Statements Account. Subject to the terms of this Agreement, when you initially enroll in Online Banking we may automatically activate the Online Statements Service for all of your eligible Online Statements Accounts. We also reserve the right, but we do not have an obligation, to automatically activate the Online Statements Service for eligible Online Statements Accounts that you may open following your initial enrollment in Online Banking. If we do not automatically activate the Service for such accounts, then you must activate the Service in the Online Banking application if you wish to use the Online Statements Service in connection with such accounts. Upon activation of the Online Statements Service for an Online Statements Account, any mailed, paper statements (including any cancelled checks or check images, as applicable) that you were receiving for that account will be discontinued, and all subsequent periodic statements for the account will be furnished electronically. If we have been mailing paper statements to you, we may continue to do so, as well as provide electronic versions of the statements for approximately one (1) month following activation of the Online Statements Service. In our discretion, we may also furnish you with electronic versions of Other Statement Material that relates to your Online Statements Accounts, as provided in this Agreement. If you cancel the Online Statements Service for any Online Statements Account and should later wish to re-activate the Online Statements Service for that account, you must follow the instructions we provide for re-activation. You acknowledge and agree that the re-activated Online Statements Service will be provided subject to the terms and conditions then in effect.

3. Accessing Online Statements and Other Statement Material. We will post the periodic Online Statements for your Online Statements Account at our Online Banking website. In order to access the Online Statements, you must login to Online Banking at our website with your username and Password and click on the "Online Statements" link. You will need a currently supported version of Adobe® Acrobat® Reader® to view, print, and/or save your Online Statements (you also may need such software to view, print, and/or save Other Statement Material). A link to the Adobe® website will be provided if you need to download the Adobe® software. An Online Statement for any given period may be accessed electronically at our Online Banking website for approximately eighteen (18) months following its initial posting. You acknowledge and agree that it is your responsibility to download and save in electronic form, or print and retain, your Online Statements for your records. In the event that your Online Statements are removed from our Online Banking website before you save or print and retain a copy, or in the event that the Online Statements Service is terminated by you or us before you save or print and retain a copy of your Online Statements, you may request your local bank branch to provide paper replacement copies of your statements, but you shall be subject to applicable fees for these copies. Except as otherwise required by applicable law, you acknowledge and agree that it is your responsibility to access the periodic Online Statements as they are posted at our Online Banking website without any notification to do so from us. However, we may send an electronic notification to the e-mail address you have provided to us for use in connection with Online Banking, or otherwise furnish you with such notification when Online Statements are available at our Online Banking website. We may at any time provide you with Online Statements via e-mail transmitted to the e-mail address you have provided to us for use in connection Online Banking instead of posting the Online Statements at our Online Banking website. If we elect to deliver Other Statement Material to you electronically, we will send an electronic notification to the e-mail address you have provided to us for use in connection with Online Banking or otherwise furnish you with such notification as may be permitted or required by applicable law (including, without limitation, by posting Other Statement Material at our Online Banking website without transmitting any separate notification to you). Such notification will include electronic attachments of the Other Statement Material, and/or instructions or links for accessing the Other Statement Material, and/or pop-ups or other displays of the Other Statement Material at our Online Banking website or another website. You agree to periodically visit our Online Banking website in order to link to and/or read and review any Other Statement Material that may be posted. Whether we post Online Statements and Other Statement Material at our website or transmit them to you as e-mail attachments, you agree that you will notify us as soon as possible in the event that you experience any technical difficulties in accessing any Online Statements or Other Statement Material that we have made available to you. You may notify us by calling us at the telephone number(s) provided in the “Errors or Questions” section of this Agreement during our normal business hours.

4. Review of Online Statements. The agreements and disclosures governing your Online Statements Accounts with us describe your obligations and responsibilities with respect to timely examining your periodic account statements or transaction histories and reporting errors and discrepancies to us. These obligations and responsibilities are applicable to your examination and review of the Online Statements. You agree that you will not alter any information in any Online Statement or Other Statement Material, and you agree that our record of any Online Statement or Other Statement Material is the best evidence of the information set forth in such Online Statement or Other Statement Material, as applicable.

5. Further Action. The Online Banking system generally is designed to automatically activate Online Statements for all of your existing Online Statements Accounts upon your enrollment in Online Banking and your electronic acceptance of this Agreement. However, technical limitations and specific customer circumstances may in some cases prevent Online Statements activation for some or all of your Online Statements Accounts. We therefore may require you to confirm your assent to the electronic delivery of Online Statements and Other Statement Material from time to time. We reserve the right to withhold the delivery of these electronic records for any Online Statements Account until you have confirmed or reconfirmed your assent to electronic delivery.

6. Service Condition. We reserve the right to require your use of the Online Statements Service as a condition for your continued enrollment in and use of Online Banking. If we exercise this right, any termination of the Online Statements Service may result in termination of Online Banking. If you are a consumer, please refer to the E-Sign Consent for other terms and conditions regarding the withdrawal of consent for electronic disclosures.

V. Mobile Banking Service

1. Description of Service. The Mobile Banking Service is a personal financial information management service that allows you use a Wireless Device to access available Service Account information, make payments to eligible Payees who have previously been created through the Online Banking Service, and make such other transactions as are described in the Mobile Banking tab at our Online Banking website. In order to use the Mobile Banking Service, you must first enroll for, and maintain enrollment in, the Online Banking Service, and you must follow our instructions for enrolling and activating your Wireless Device. You also may be required to accept or acknowledge other terms, provisions, or conditions in order to use certain features or functionality of the Mobile Banking Service. Such terms, provisions, and conditions constitute a part of the Mobile Banking Service terms and the Agreement. When you ask us to activate the Mobile Banking Service, and each time you use or allow others to use the Mobile Banking Service, you confirm your agreement to abide and be bound by the terms and conditions of the Mobile Banking Service as in effect at that time.

2. Use of the Mobile Banking Service. When you enroll for the Mobile Banking Service, designated available Service Accounts and Payees linked to you through the Online Banking Service will be accessible through the Mobile Banking Service. The Mobile Banking Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Mobile Banking Service before you actually do so, and then that you always use the Mobile Banking Service in accordance with the online instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking Service software. We may change or upgrade the Mobile Banking Service from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use the Mobile Banking Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your Wireless Device. We reserve the right to modify the scope of the Mobile Banking Service at any time. We reserve the right to refuse to make any transaction you request through the Mobile Banking Service. You agree and understand that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming. The most up-to-date list of services which you may be able to access through the Mobile Banking Service is posted under the Mobile Banking tab of our Online Banking website.

3. Relationship to Other Agreements. You agree that when you use the Mobile Banking Service, you will remain subject to the terms and conditions of all your existing agreements with us (including, but not limited to, the terms and provisions applicable to the Online Banking Service) and that the terms of the Mobile Baking Service do not amend or supersede any of those agreements, except as expressly provided in this Section V of the Agreement. Any agreement you may have with our affiliates and/or any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider, also remain in full force and effect. You understand that other agreements you may have with us, our affiliates, and/or any unaffiliated service providers may provide for fees, limitations, and restrictions which might impact your use of the Mobile Banking Service (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the Mobile Banking Service, including while downloading the Mobile Banking Service Software, receiving or sending Mobile Banking Service text messages, or other use of your Wireless Device when using the Mobile Banking Service software or other products and services provided through the Mobile Banking Service), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with such carrier or provider without involving us. You also agree that if you have any problems with the Mobile Banking Service, you will contact us directly.

4. Software License Agreement. Subject to your compliance with the terms of the Mobile Banking Service and the terms of the Agreement, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license ("License") to download, install and use the Mobile Banking Service software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Mobile Banking Service software to that new or different Wireless Device. This License shall be deemed revoked immediately upon (i) termination of the Mobile Banking Service, (ii) termination of the Online Banking Service, (iii) your deletion of the Mobile Banking Service software from your Wireless Device, or (iv) notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Mobile Banking Service software from your Wireless Device. In the event of the revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.

5. Additional Usage Obligations. When you use the Mobile Banking Service to access your Service Accounts, you agree to the following terms (which terms shall survive any revocation of the License):

(a) Account Ownership/Accurate Information. You represent that you are the legal owner of the Service Accounts and other financial information which may be accessed through the Mobile Banking Service. You represent and agree that all information you provide to us in connection with the Mobile Banking Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Mobile Banking Service. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

(b) Proprietary Rights. You are permitted to use content delivered to you through the Mobile Banking Service only in connection with your proper use of the Mobile Banking Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking Service technology, including, but not limited to, any Mobile Banking Service software or other mobile phone applications associated with the Mobile Banking Service.

(c) User Conduct. You agree not to use the Mobile Banking Service or the content or information delivered through the Mobile Banking Service in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Mobile Banking Service software, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Mobile Banking Service to impersonate another person or entity, (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising),(iv) be false, misleading or inaccurate, (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to the Mobile Banking Service, (ix) interfere with or disrupt the use of the Mobile Banking Service by any other user, or (x) result in unauthorized entry or access to the computer systems of others.

(d) No Commercial Use or Re-Sale. You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of the Mobile Banking Service.

(e) Indemnification. Without limiting any of your other obligations to us under the Agreement, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Mobile Banking Service, your violation of any of the terms of the Mobile Banking Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

6. Charges for the Service. You agree to pay for the Mobile Banking Service in accordance with our current fee schedule and as amended from time to time. You authorize us to automatically charge your account for all such fees incurred in connection with your use of the Mobile Banking Service. In the future, we may add to or enhance the features of the Mobile Banking Service. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.

7. Mobile Banking Service Limitations.

(a) Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to the Mobile Banking Service. These difficulties may result in loss of data, personalization settings or other Mobile Banking Service interruptions. Neither we nor any of our service providers assumes responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of the Mobile Banking Service.

(b) Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access the Mobile Banking Service.

(c) You agree to exercise caution when utilizing the Mobile Banking Service application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.

(d) Financial information obtained through the Mobile Banking Service (including, without limitation, any text message alerts) reflects the most recent account information available through the Mobile Banking Service and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features, functions, and Services available through the Online Banking Service or at our Online Banking website may not be available using the Mobile Banking Service.

(e) The Mobile Banking Service may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported as Wireless Devices in connection with the Mobile Banking Service. You are responsible for periodically referring to our website to determine currently supported mobile service providers, carriers, and Wireless Devices and for ensuring that you satisfy all technical requirements for using the Mobile Banking Service.

8. Changes or Cancellation. You may cancel your participation in the Mobile Banking Service by calling us at 1-800-4PC BANK (800-472-2265). We reserve the right to change or cancel the Mobile Banking Service at any time without notice. We may also suspend your access to the Mobile Banking Service at any time without notice and for any reason, including but not limited to, your non-use of the Mobile Banking Service. Termination of the Online Banking Service will result in the termination of the Mobile Banking Service. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Mobile Banking Service.

9. Third Party Beneficiaries. You agree that our Mobile Banking Service service providers (including any provider of Mobile Banking Services software) may rely upon your agreements and representations in this Agreement, and such service providers are third party beneficiaries of such agreements and representations, with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.

VI. Regions Personal Pay Service

Regions Personal Pay is an electronic person-to-person payments service through which you may send payments to, or receive payments from, any person who maintains an eligible account with a financial institution. In order to use the Regions Personal Pay Service, you must first enroll for, and maintain enrollment in, the Online Banking Service. The Regions Personal Pay Service is further subject to the terms and conditions of the Regions Personal Pay Service Addendum to this Agreement, which is posted at the bottom of the Personal Pay pages in Online Banking and which is incorporated by reference into and constitutes a part of this Agreement. Each time you use or allow others to use the Regions Personal Pay Service, you confirm your agreement to abide and be bound by the terms and conditions of the Regions Personal Pay Service as in effect at that time.

VII. Same Day Payments Same Day Payments is an expedited bill payment service available through Online Banking whereby you may make Payments to participating Payees (“Billers”) that will be delivered to the Payees on the same day. You agree to comply with and to be bound by any terms or instructions set forth in any on-screen help or User’s Guide we provide in connection with the Same Day Payments Service. Billers participating in the Same Day Payments Service may change from time to time without notice to you. We make no representation that any Payee you wish to pay through the Same Day Payments Service is a Biller that participates in the Service, and you agree that we will not be liable to you in the event that any Payee does not participate as a Biller in the Service or discontinues participation as a Biller in the Service. A Payment to a Biller must be entered before the cutoff time displayed for that Biller on a business day of the Biller in order for the Payment to be remitted on the same day. Cutoff times and business days may differ from Biller to Biller, and such cutoff times and business days are subject to change without notice. If you enter a Payment after a Biller’s cutoff time, or on a day that is not a business day of the Biller, you will be offered the opportunity either to cancel the transaction or to schedule the Payment for the Biller’s next business day. Each Payment through the Same Day Payments Service is subject to a fee, as displayed. You agree to pay the applicable fee for each Payment you make through the Same Day Payments Service, and you authorize us to debit the fee from your applicable Service Account. The Same Day Payments Service is a convenient way to make a same-day Payment to a Biller in order to avoid late fees, default, or service interruption. However, if you wish to make Payments to Payees without incurring the additional cost associated with the Same Day Payments Service, you should consider using the standard Online Banking Payments Service.

VIII. Western Union Money Transfer Western Union Money Transfer is a money transfer service provided by Western Union through the Online Banking Service whereby you may send a Payment (referred to in the Western Union Terms as a “Money Transfer”) to a Payee (referred to in the Western Union Terms as a “Receiver”) that may be picked up by the Payee at any participating Western Union Agent Location. You agree to comply with and to be bound by any terms or instructions set forth in any on-screen help or User’s Guide we provide in connection with Western Union Money Transfer. Each time you use Western Union Money Transfer, you further agree to accept and be bound by the Western Union Terms and Conditions (the “Western Union Terms”), which supplement this Agreement in connection with each transaction made through Western Union Money Transfer and which constitute an agreement solely between you and Western Union. Each Western Union Money Transfer transaction is subject to a fee and a currency exchange rate may be applied to the principal amount sent, as described in the Western Union Terms. You agree to pay the applicable fee for each Western Union Money Transfer transaction, and you authorize us to debit the fee, as well as the principal amount to be sent, from your applicable Service Account. You acknowledge and agree that Western Union is solely responsible for the performance of its obligations under the Western Union Terms and for the completion of transactions made through Western Union Money Transfer, and that we assume no responsibility for, and shall have no liability to you for, the performance, nonperformance, or negligent performance of Western Union. No breach or default by Western Union under the Western Union Terms shall in any way relieve you of your obligations to us under this Agreement or allow you to withhold the performance thereof. Western Union is not a corporate affiliate of Regions Bank. When you use Western Union Money Transfer, you become a customer of Western Union. You acknowledge that the privacy policies and practices of Western Union may differ from those of Regions. Please refer to the Western Union Terms for more information.

IX. My GreenInsights Financial Information Management

1. Description of Service. My GreenInsights is a financial information management service that provides tools and services that allow you to consolidate, track, and manage financial information from various sources within one convenient application. You may use the Service to retrieve information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts, or engage in financial transactions.

2. Seek Professional Advice. The Service is not intended to provide legal, tax, or financial advice, and in providing the Service we do not act as a financial planner, tax advisor, or any other type of professional advisor. Information and guidance provided through the Service is general in nature and may not necessarily be appropriate for your situation. You should consult a qualified tax, legal, or other professional for specific advice as to your personal situation and circumstances. We make no warranty or representation regarding the results that may be obtained from the use of the Service.

3. Access to Your Third-Party Accounts. When you use the Service to retrieve information about your accounts and relationships with third-party financial institutions (“Third-Party Accounts”), you authorize us to access, on your behalf, the websites of the financial institutions that maintain such Third-Party Accounts in order to retrieve the Third-Party Account information requested by you, and you hereby appoint us as your agent for this limited purpose. You hereby represent to us that you are a legal owner of each Third-Party Account that you request us to access and that you have the right and authority to designate us as your agent in connection with your use of this Service. If any Third-Party Account is owned by you jointly with other persons, you represent and warrant that each other joint owner has consented to your use of the Service in connection with that Third-Party Account. You may not use the Service to initiate transactions to or from your Third-Party Accounts or to provide notices or instructions affecting such Third-Party Accounts to the financial institutions that maintain them. You are solely responsible for all fees and charges associated with your Third-Party Accounts and for compliance with all terms and conditions governing or related to such Third-Party Accounts. You acknowledge and agree that we are in no way responsible or liable for your Third-Party Accounts or any products or services related to your Third-Party Accounts, or for any acts or omissions by the financial institutions that maintain such Third-Party Accounts, including (without limitation) any modification, interruption or discontinuance of any Third-Party Account, or related product or service, by such financial institutions. For all purposes of the Service, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the websites of the financial institutions that maintain your Third-Party Accounts, to retrieve information, and to use such information, all as described in the terms of this Service, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person or otherwise. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD- PARTY. You agree that our third-party service providers and contractors shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

SECURITIES AND INSURANCE PRODUCTS ARE NOT FDIC INSURED, NOT A DEPOSIT, NOT AN OBLIGATION OF OR GUARANTEED BY REGIONS BANK, ITS AFFILIATES, OR ANY GOVERNMENT AGENCY, AND MAY LOSE VALUE.

4. Accuracy of Information You Provide. You agree to provide true, accurate, current and complete information about yourself and your Third-Party Accounts as requested through the Service, and you agree not to misrepresent your identity or information related to your Third-Party Accounts, which information may include user names, passwords or other access devices for such Third-Party Accounts. You agree to keep all of such information up to date and accurate. You acknowledge that we will rely on the information provided by you, and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. We are not obligated to take any further steps to confirm or authenticate such instructions and may act upon them without further confirmation. You acknowledge and agree that financial institutions receiving requests through the Service for the release of Third-Party Account information may rely and act upon such requests. If instructions identify a financial institution and/or a Third-Party Account by name and number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You acknowledge that financial institutions may not investigate discrepancies between names and numbers. We shall have no liability for any losses resulting directly or indirectly from any of your errors, duplication, ambiguities or misrepresentations in the information that you provide.

5. Verification of Instructions. You acknowledge and agree that any financial institution maintaining a Third-Party Account may contact us to verify the content and authority of instructions and any changes to those instructions. You agree that we, as your agent, may provide to such financial institution such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Third-Party Account. You agree to allow us to authorize any financial institution that maintains a Third-Party Account to accept instructions in accordance with any authorization procedures as may be agreed from SECURITIES AND INSURANCE PRODUCTS ARE NOT FDIC INSURED, NOT A DEPOSIT, NOT AN OBLIGATION OF OR GUARANTEED BY REGIONS BANK, ITS AFFILIATES, OR ANY GOVERNMENT AGENCY, AND MAY LOSE VALUE. time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to release your Third-Party Account information based solely on these communications.

6. Communications. You authorize us to select and use any means we deem suitable to provide instructions to any financial institution that maintains a Third-Party Account. These choices may include banking channels, electronic means, mail, courier, or telecommunications services, intermediary financial institutions and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, including (but not limited to) the rules and regulations of the Clearing House Interbank Payments System (CHIPS) and the National Automated Clearing House Association (NACHA).

7. Information from Third-Party Accounts. We have no responsibility to review Third-Party Account information that is retrieved through the Service for accuracy, legality, or non-infringement, or for any other purpose. We will not be liable for technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other Service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications, or personalization settings. We make no representation or warranty that any Third-Party Account information displayed through the Service is the most complete, timely, current, or up to date information relating to the Third-Party Account that is available from the financial institution that maintains such Third-Party Account. You should contact the financial institution that maintains your Third-Party Account for verification and confirmation of any information relating to the Third-Party Account. Not all types of Third-Party Accounts are accessible through the Service, and we reserve the right to qualify and disqualify any types of Third-Party Accounts that may be eligible for the Service in our discretion. It is your responsibility to check with the financial institutions that maintain your Third-Party Accounts for restrictions regarding your retirement (401k, IRA, etc.), savings, trust, loan, custodial, business, corporate, and other account types. You agree that we shall not be liable for any costs, fees, losses, or damages of any kind incurred as a result of (i) our access to your Third-Party Accounts, (ii) any inaccuracy, incompleteness or misinformation contained in the information retrieved from the Third-Party Accounts, or the untimeliness of any such information, (iii) any charges imposed by any financial institution that maintains any Third-Party Account, (iv) the actions or inaction of any financial institution that maintains any Third-Party Account, and/or (v) any action or inaction by you in reliance on any information obtained by you from or through the Service.

8. Use of Service Information; Promotion of Products and Services. By submitting information (including, but not limited to, Third-Party Account information), data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Service (together with information that we create or compile about or related to your use of the Service, the “Service Information”), you acknowledge and agree that we may use, copy, modify, display, store, create new material from, and distribute such Service Information in order (i) to provide the Service to you, (ii) to contact you regarding Service status and usage and to inform you about other matters relevant to the Service and/or the information collected by or through the Service, (iii) to provide information to you about enhancements to the Service, (iv) to respond to your questions or comments about the Service, (v) to conduct surveys about the Service, (vi) to improve the operation of the Service, and (vii) as otherwise provided in this Agreement. You hereby grant us a license for the foregoing purposes, without any obligation on our part to pay fees and without any limitations beyond those expressly provided in this Agreement, and you acknowledge that we may assign such license to any third-party in connection with our assignment of this Agreement and/or any or all of our rights thereunder, or our delegation of any or all of our responsibilities thereunder. You represent and warrant that you have the right to provide Service Information to us and to grant us a license for the use thereof as provided in this Agreement. You acknowledge and agree that we may use Service Information as a basis for communicating information about our products and services to you. You agree that we may display advertisements and promotions of all kinds within the Service application and interface, and you agree not to disable any technology required or utilized to serve or display such advertising. We disclaim any representation or warranty that any products or services, and/or any terms related thereto, that are advertised, promoted, or communicated to you through the Service are actually the terms that may be offered to you if you pursue such products or services or that they are the best terms available from us or in the market for such products and services. For more information about how we use collect, use, share and protect information, and about your options, please see the Regions Privacy Pledge at http://www.regions.com/about_regions/privacy_pledge.rf.

9. Alerts. We may from time to time provide automatic Service alerts and voluntary Service alerts. Voluntary Service alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. In our sole discretion, we may add new alert types and/or discontinue alert types at any time and from time to time without notice to you. Within the Service application you may designate an email address and/or the number of a mobile device that accepts text messages for Service alerts (data and text message fees imposed by your mobile service provider may apply to Service alerts received on your mobile device). If the email address or mobile device number that you use for alerts in connection with this Service changes, you are responsible for informing us of that change. Some alerts may include information about your financial accounts, products and services, such as an account balance or the due date for a loan payment. You should be aware that anyone with access to your email will be able to view the content of these alerts. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We do not guarantee either the delivery or the accuracy of the content of any alert. You agree that we will not be liable for (i) any delays, failure to deliver, or misdirected delivery of any alert, (ii) any errors in the content of an alert, or (iii) any actions taken or not taken by you or any third-party in reliance on an alert.

10. Proprietary Service Content. Except for Service Information which you have licensed to us as provided in this Agreement, all rights to the tools, services, text, graphics, images, logos, button icons, photographs, editorial content, notices, software, and other material that comprise the Service (collectively, the “Service Content”) are owned by us and/or our licensors. The Service Content is protected under both United States and other applicable copyright, trademark and other laws. You are permitted to use the Service and the Service Content only as provided in this Agreement. You may not otherwise copy, reproduce, distribute, or create derivative works from the Service Content in whole or in part without our express written consent in each instance. You agree not to reverse engineer or reverse compile any of technology that we use in connection with the Service.

11. Cancellation of Service. You may cancel the Service at any time by calling us at the number provided in the "Errors or Questions" section of this Agreement or by electronically submitting a request for cancellation through the Service application messaging system.

X.  Mobile Remote Deposit Capture Service

1. Description of Service.  The Regions Mobile Remote Deposit Capture Service allows you to make deposits to a Service Account that is a deposit account that may be used in connection with the Mobile Remote Deposit Capture Service (a “Mobile RDC Account”) and/or to load funds to a GPR Card by using your Wireless Device and the functions within our Mobile Banking Service application to scan checks and to transmit the images of the checks and associated data to us.  In order to use the Service, you must be enrolled in the Regions Online Banking service and our Mobile Banking Service application must be installed on your Wireless Device.  You acknowledge and agree that no transaction made through or using the Service is an “electronic fund transfer” as defined by the federal Electronic Fund Transfer Act and/or Regulation E of the Consumer Financial Protection Bureau.

2. Checks.  You agree that you will use the Service only to scan and transmit images of “checks”, as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System (“Reg CC”), for a deposit to your Mobile RDC Account or a load of funds to your GPR Card.   You agree that the image of any check that is transmitted via the Service shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text).  You further agree that you will not use the Service to scan or transmit any check that: (a) is payable to any person or entity other than you, (b) is drawn or otherwise issued by you on any account you own or have an interest in, or on which you are an authorized signer, (c) is prohibited by our then current procedures pertaining to the Service or is in violation of any law, rule or regulation, (d) bears any alteration or that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn, (e) is either a “substitute check” (as defined in Reg CC or other applicable federal law or regulation) or an “image replacement document” that purports to be a substitute check, (f) is drawn on a financial institution that is located outside of the United States, (g) is a “remotely created check” as that term is defined in Reg CC, (h) is not payable in United States currency, (i) is dated more than six (6) months prior to the date of scanning and transmission, (j) is payable jointly, unless the check is being deposited to a Mobile RDC Account or loaded to a GPR Card in the name of all payees on the check, (k) is payable on sight or is a payable through draft, as defined in Reg CC, (l) has any endorsement on the back other than the endorsement specified in this Agreement, (m) has previously been submitted through the Service or through any remote deposit capture service offered by any other financial institution, (n) is drawn or otherwise issued by the United States Treasury Department, (o) when the Service is being used to make a deposit to a Mobile RDC Account, is not acceptable to us for deposit into a deposit account as provided in the deposit agreement that governs your Mobile RDC Account, or (p) is money order, cashier’s check, or traveler’s check (any of the foregoing being hereinafter referred to as a “Prohibited Check”). 

3. Endorsements.  When you use the Service to transmit a check image to us, you agree to supply the following information on the back of each check in the space provided for endorsements:  (i) the following restrictive verbiage: “For Regions Mobile RDC Service Only”, (ii) if you are using the Service to make a deposit to your Mobile RDC Account, your Mobile RDC Account number, and (iii) your legally-binding signature to endorse the check.  You agree that you will apply no restrictive, qualified, or conditional endorsement to any check in connection with your use of the Service except as we may direct, and you further agree that we may handle and process any check image you transmit to us through the Service in accordance with the terms of this Agreement notwithstanding any restrictive, qualified, or conditional endorsement you may apply to the check without our approval or direction.  You agree to furnish such other information on checks as we may require from time to time.

4. Image Quality.  Images of checks transmitted to us through the Service must meet, in our sole and absolute judgment, the standards and requirements of legibility that we establish from time to time.  The images also must comply with the applicable standards and requirements of American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, and/or any other regulatory agency, clearinghouse or association.

5. Transmission and Receipt of Images.  You agree to follow any and all procedures, instructions, and guides for use of the Service as we may require or provide from time to time.  We may require you to use a user identification code, a personal identification number, and/or passwords and other security procedures (collectively, “Service Access Procedures”) to access the Service.  You agree at all times to comply with the Service Access Procedures, to safeguard the confidentiality of the Service Access Procedures, and to notify us immediately if you have any reason to believe the security or confidentiality of the Service Access Procedures has been compromised or breached.  We have no obligation to accept any check or image you transmit through the Service, and we may reject any check or image that you transmit in our sole and absolute discretion without liability to you.  You agree that we are not responsible or liable to you for images that are dropped during transmission, that we do not receive, or that are intercepted or altered by, or misdirected to, any unauthorized third party.  You assume the risk that any check image or information from a check image may be intercepted or misdirected during transmission.  An image shall be deemed received by us when you receive an electronic confirmation from us that we have received the image.  Such confirmation confirms only the receipt of the image and does not confirm that the transmission was complete or error free, or that the amount of the check will be finally collected from the drawee institutions and/or credited to your Mobile RDC Account or loaded to your GPR Card. If, after we confirm the receipt of a check image, we determine that the check is a Prohibited Check, you agree that we may charge the amount of the check back to your Mobile RDC Account or GPR Card, as applicable.  You agree that we will not liable to you for any loss, costs, or fees result of the exercise of our chargeback rights.

6. Contingency Plan.  Because the Service could be unavailable from time to time for various reasons, you should not rely on the Service as the sole means of depositing checks to your Mobile RDC Account or loading funds to your GPR Card.  In the event you wish to deposit any check to your Mobile RDC Account or to load funds represented by any check to your GPR Card and you are unable to transmit the image of the check to us through the Service or are unable to use the Service in compliance with the terms of this Agreement for any reason (including, without limitation, reasons related to communications, equipment or software outages, interruptions or failures), you acknowledge and agree that you are solely responsible for using alternative available means of depositing the check to your Mobile RDC Account or loading check funds to your GPR Card.  Such alternative means will be governed by the terms of the agreement governing your Mobile RDC Account or GPR Card, as applicable, and not by the terms of the Mobile Remote Deposit Capture Service.  You assume the risk that we may not accept a check image that you attempt to transmit through the Service.  We shall have no liability to you in the event we do not accept the transmission of a check image for any reason and you subsequently have difficulty negotiating or are unable to negotiate the check due to any endorsements you may have applied to the check in your attempt to use the Service.

7.Your Representations and Warranties to Us; Indemnification.  Each time you use the Service to transmit any check image to us, you represent and warrant to us that:  (a) the check is not a Prohibited Check, (b) you are entitled to enforce the check, (c) all signatures on the check are authentic and authorized, (d) the check is not a counterfeit item, (e) the check has not been altered, (f) the check is not subject to a defense or claim in recoupment of any party that can be asserted against you, (g) you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check, (h) the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check, (i) the check image transmitted by you to us contains an accurate representation of the front and the back of the check and otherwise complies with the requirements of the Service (including, but not limited to, any endorsement requirements), (j) you will neither create nor transmit through the Service any duplicate image of the check, nor will you deposit or otherwise negotiate the original check, (k) no person or entity will be asked to make payment on the check more than once, (l) neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through the Service, presented for payment, or returned, (m) the image of the check contains no computer viruses or other harmful, intrusive, or invasive codes,(n) all information you have provided to us in connection with the Service and the transaction is true, accurate, and current, and (o) the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Agreement.  YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, SUITS, DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED IN ANY WAY TO YOUR BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, YOUR USE OF THE SERVICE, AND/OR OUR PROVISION OF THE SERVICE TO YOU.  YOUR AGREEMENT TO INDEMNIFY US AND HOLD US HARMLESS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. 

8. Funds Availability. 

(a) Reg CC Not Applicable.  You agree that check images transmitted using the Service and the funds represented by the checks are not subject to the funds availability requirements of Reg CC. Except as otherwise provided in this Agreement, and subject to the requirements of applicable law or regulation, funds from any check transmitted through the Service will be available after final payment with respect to the check is made by the drawee of the check, and any credit of funds to your Mobile RDC Account or GPR Card before that time is provisional.  However, we may make funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant, and/or based upon funds availability options we may offer to you in connection with the Service.   You acknowledge and agree that no funds availability option we offer constitutes a promise or guarantee that check funds will finally be collected from the drawee institution and/or finally paid to you.  In any event, and notwithstanding any funds availability option you may elect, we reserve a right of chargeback to your Mobile RDC Account or GPR Card, as applicable, in the event of any dishonor or nonpayment by the drawee institution, and we reserve the right to charge all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback (including, but not limited to, returned deposit item fees and overdraft fees).  For purposes of this Service, the term “Business Day” means Monday, Tuesday, Wednesday, Thursday or Friday, except when those days are holidays or days on which we may be closed due to emergency conditions. 

(b) Standard Mobile Availability.  “Standard Mobile Availability” means that check funds generally will be available to you for Mobile RDC Account transactions on the second Business Day following the Business Day on which we receive the check image from you.  In order for check funds to qualify for Standard Mobile Availability, the check image must be received by us before 8:00 p.m. central time (or such other cutoff time as may be displayed in the Service application) on a Business Day.  Standard Mobile Availability is subject to applicable fees, which will be disclosed to you before you complete the Service transaction.  Standard Mobile Availability is not applicable to loads of funds to GPR Cards.

(c) Available for Processing Tonight.  “Available for Processing Tonight” means that check funds generally will be available to cover items presented against your Mobile RDC Account beginning with nightly processing on the same Business Day that we receive the check image from you.  However, funds may not be available for debit, checkcard and ATM transactions until the next Business Day following the Business Day on which we receive the check image from you.  In order for check funds to qualify for Available for Processing Tonight, the check image must be received by us before 8:00 p.m. central time (or such other cutoff time as may be displayed in the Service application) on a Business Day.  Available for Processing Tonight is subject to applicable fees, which will be disclosed before you complete the Service transaction.  Available for Processing Tonight is not applicable to loads of funds to GPR Cards.

(d)  Available Immediately.  “Available Immediately” means that check funds will be available immediately for all Mobile RDC Account or GPR Card, as applicable, transactions upon our receipt of the check image from you and upon confirmation of our approval of your request for Available Immediately.  We may approve or decline your request for Available Immediately in our sole and absolute discretion.  It may take up to thirty minutes or more to review and decision your request for Available Immediately.  Available Immediately is subject to applicable fees, which will be disclosed before you complete the Service transaction.  Available Immediately is the only funds availability option for loads of funds to GPR Cards. 

9. Transaction Authorization.  By providing following our procedures for the transmission of check images through the Service and otherwise furnishing information necessary to execute Service transactions, you authorize us to credit deposits to your Mobile RDC Account or load funds to your GPR Card, as applicable, as provided in the terms of this Agreement. When you use the Service to load funds to your GPR Card, you agree that we, at our option, may handle the transaction in part as a check cashing transaction.  If we determine to handle the transaction in this manner, you acknowledge and agree that you are authorizing and requesting us to cash the check you transmit to us and then to load the funds from that transaction to your GPR Card.  Each time we accept a check image from you and credit a deposit to your Mobile RDC Account or load funds to your GPR Card, as applicable, you assign to us all of your right, title, and interest in and to the original check, with all available recourse against you (including, but not limited to, our right of chargeback to your Mobile RDC Account or GPR Card, as applicable, in the event of dishonor or nonpayment by the drawee), notwithstanding any restrictive, qualified, or conditional endorsement (including, but not limited to, a “without recourse” endorsement) you may apply to the check without direction or approval from us.  Until such time as you dispose of the original check following the expiration of the Check Retention Period (as hereinafter defined) in accordance with the terms of this Agreement, you acknowledge and agree that you will retain custody of the original check in trust for us.

10. Disposal of Transmitted Checks.  After you transmit any check image to us and receive confirmation from us that we have received the image, you agree to securely store the original check for a period of thirty (30) days (“Check Retention Period”).  During the Check Retention Period, you agree to take appropriate measures to ensure that (a) only authorized persons will have access to the check, (b) the information contained on the check will not be improperly disclosed, and (c) the check will not be duplicated, further scanned and transmitted through any remote deposit capture service, and/or deposited or negotiated in any form.  Promptly after the expiration of the Check Retention Period, you agree destroy the original check, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, negotiation or presentment.  During any time the original check or a copy or image thereof is available to you or in your possession, you agree to furnish it to us upon request.

11. Collection of Checks.  You agree that we have the right to determine in our sole discretion the manner in which checks and images transmitted through the Service are cleared, presented for payment and collected.  We, in our sole discretion, may select clearing agents to collect and present check images, and our selection of clearing agents shall be binding on you as though you had directly appointed such agents.  We shall not be liable for the negligence or other misconduct of any clearing agent.  You agree to be bound by any agreements entered into by and between us and any clearing agents, and you agree to be bound by all laws, regulations, and clearing house and association rules that may apply to checks or images transmitted using the Service.

12. Transaction Limits.  We may from time to time impose or change limits on your use of the Service, including (but not limited to) limits on the dollar amount and/or the number of checks you may transmit using the Service.  Any limits applicable to you may be displayed in the Service application at the time you attempt a Service transaction.  We may accept or reject any transaction you attempt in excess of these limits in our discretion.  We may, in our discretion, offer you the option to increase Service limits subject to the payment of applicable fees as may be disclosed in the Service application. 

13. Errors.  You agree to notify us immediately in the event you become aware of or suspect any errors in connection with your use of the Service.  You may notify us by calling us at the number provided in the “Errors or Questions” section of this Agreement or by contacting us as provided in the agreement governing your Mobile RDC Account or GPR Card, as applicable.  Also, the terms of your Mobile RDC Account or GPR Card agreement, as applicable, regarding your responsibility to timely review statements and transaction histories and to report errors and discrepancies remain in full force and effect and apply to transactions made through the Service.  You agree to fully cooperate with us and to assist us, and to provide such records and documentation as we may request, in the investigation, correction, and resolution of any errors or problems related to your use of the Service.

XI. Miscellaneous

1. PC Specifications. In order to use the Services described in this Agreement, your PC (including any Wireless Device, as applicable) must meet current minimum technical specifications. Technical requirements and specifications regarding the use of the Services may be described elsewhere in this Agreement (including the E-Sign Consent) or in applicable User's Guides. You also may refer to the Online Banking section on www.regions.com for current information on supported hardware, software, and other equipment. We do not guarantee the compatibility of the Services with all modem types, computer systems, internet browsers, hardware and/or software.

2. Equipment. You are responsible for obtaining and properly installing and maintaining all telephone equipment and services, wireless services, internet connection services, computer hardware and software, and any and all necessary upgrades thereto (including, if applicable, Financial Software and upgrades thereto), and other equipment necessary for you to access and use the Services. We are not responsible for any computer viruses, problems or malfunctions resulting from any computer viruses, or related problems that may be associated with the use of an online or wireless system. We recommend that you routinely update your anti-virus software, apply all security patches for your operating system, and install a firewall on your PC. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software (including Financial Software) on your PC. You agree to all terms and conditions of any license agreement that accompanies your Financial Software. If you have any questions regarding the operation of your Financial Software (rather than the capabilities, functions, and features of the Services), you should contact the manufacturer of your Financial Software.

3. Transaction Authorization; Protecting Your Password. Pursuant to the deposit account agreement(s) you have with us, each depositor on a multi-party account is the attorney-in-fact for all other depositors on the account for all business conducted with respect to the account. You confirm the attorney-in-fact status of your co-depositors, and you acknowledge and agree that you or any of your co-depositors may enroll your accounts in and activate any of the Services, consent and agree to the terms and conditions for any of the Services (including, without limitation, the E-Sign Consent), and/or terminate any of the Services on behalf of all depositors on the accounts, in accordance with the terms of this Agreement. By providing information necessary to execute transactions through the Service and otherwise following our procedures for the execution of transactions, you authorize us to perform those transactions. You further authorize us to follow any instructions and to execute any transactions entered through the Service using your Password notwithstanding any dual or multiple signature requirement identified on the signature card or other documents relating to your Service Accounts. You further authorize us to make adjustments to your Service Account(s), by debits or credits, as necessary to correct errors in Service transactions. You agree and intend that the authorization of transactions through the Services shall be considered the same as your written signature in authorizing us to perform any action relating to the transactions requested. You also agree that use of your Password is the agreed security procedure to access the Services and that such security procedure is commercially reasonable. You agree to keep your Password confidential, to prevent unauthorized access to your Service Accounts, and to prevent unauthorized use of the Services. You agree not to give your Password or make it available to any person or entity who is not authorized to access your Service Accounts for the purpose of performing the transactions contemplated by the Services or who intends or may use the Services for the purpose of accessing and compiling account data for such person's or entity's own commercial gain. You should change your Password frequently. You should avoid using your ATM, debit card, or GPR Card personal identification number (PIN) as your permanent Password. If your access to the Services is blocked or if you forget your Password, you may contact us at the number provided in the "Errors or Questions" section of this Agreement or you may also reset your password in the designated section on our website. We may issue you a new Password, although it may not be available for use of the Services for several days.

4. Protecting Your Personal Information. In addition to protecting your Password and other account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with other account information may allow unauthorized access to your Service Accounts. It is your responsibility to treat personal information with the same level of care as your account information. You are also responsible for protecting and securing all information and data stored in your PC's hard drive. For additional guidance on information security, please visit our website.

5. Your E-mail Address. You agree to keep your e-mail address that you have provided to us for use in connection with the Services, as well as your mailing address, current and updated with us at all times. To notify us of an e-mail or mailing address change, please call us at the telephone number(s) provided in the "Errors or Questions" section of this Agreement during our normal business hours. You also may update your e-mail address in the Online Banking section of our website. Except to the extent otherwise required by applicable law or regulation, you agree that we are under no obligation to re-send, re-transmit, or otherwise deliver to you any Services notifications or information that we have transmitted to your e-mail address and that has been returned "undeliverable" or otherwise rejected for delivery.

6. Electronic Messaging and E-mail. Conventional e-mail is not a secure method of communication over the Internet, and we recommend that you not send confidential or privileged information, such as account numbers and financial information, to us by conventional e-mail. The Message Center function in the Online Banking section of our website is a secure method of communication which allows messages to be sent and received within the Online Banking application. An electronic message sent by you will not be immediately received by us. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. If you need to contact us immediately, please refer to the "Errors or Questions" section of this Agreement. You cannot use conventional e-mail or Message Center to make a Payment, account inquiry, or Funds Transfer. There may be other limitations to your use of electronic messaging from time to time in effect. To the extent you elect to communicate with us using e-mail, the following provisions apply to those communications:

7. Fees. You agree to pay all fees applicable to the Services. These fees are listed on www.regions.com and/or in our schedule of fees and are subject to change. Please contact us as provided in the "Errors or Questions" section of this Agreement or visit one of our branches for current information about applicable fees. Without limiting the generality of the foregoing, you agree that we may impose a fee for research requested by you. You authorize us to deduct all fees from your Designated Funding Account or, to the extent your Designated Funding Account lacks sufficient funds, from any of your other accounts maintained with us. You also acknowledge that these fees are in addition to any costs you incur for the telephone service or Internet service provider you use to access the Services and are in addition to all service charges and fees applicable to and contained in our disclosures related to your Service Account(s) and/or other services related to your Service Account(s).

CERTAIN SERVICE FEES MAY NOT BE APPLICABLE AND/OR MAY BE WAIVED DURING PROMOTIONAL PERIODS OR UNDER OTHER CIRCUMSTANCES, AS DETERMINED BY US.

8. Errors or Questions. In case of errors or questions about the Services, or in the event you need to contact us pursuant to any of the provisions of this Agreement, you should, as soon as possible:

Call:
1-800-4PC-BANK (800-472-2265)

Fax to:
1-205-420-6636

Write to:
Regions Online Banking P.O. Box 830805 Birmingham, Alabama 35283-8308

9. Termination. You may terminate your use of the Services at any time by calling or writing us as provided in the "Errors or Questions" section of this Agreement.

a. Online Banking. You must notify us at least ten (10) business days prior to the date on which you wish to have the Online Banking Service terminated. We may require that you put your request in writing. If you have scheduled transactions with a Transmit Date within this ten-day period, you also must separately cancel those transactions; however, we reserve the right to cancel all scheduled transactions as soon as practicable upon receipt of notice of termination from you. If we have not completed processing your termination request and you have not otherwise canceled scheduled transactions, you will be responsible for transactions with Transmit Dates during the ten (10) business days following our receipt of your notice of termination, subject to the requirements of applicable law. If you would like to transfer the Online Banking Service to a different account with us, or add or remove an account with respect to these Services, you must provide ten (10) business days advance written notice.

b. Online Statements. We may provide you with the capability to electronically cancel Online Statements with respect to one or more of your Online Statements Accounts at the Online Banking section of our website, and you may cancel the Online Statements at any time by following the instructions provided at the website. If Online Statements are terminated for any Online Statements Account, we will resume mailing paper statements for such account if we were doing so at the time you enrolled for the Online Statements Service. Disclosures, notices, documentation and information that accompany such statements, according to the terms of the agreement governing such account, or as required by applicable law, will be included with the mailed statement to the postal address(es) in our records for the account. We will resume mailing the information described above beginning with the periodic statement next following the termination of the Online Statements Service. However, you agree that we shall have a reasonable opportunity to act upon such termination. If the Online Statements Service for a GPR Card is terminated for any reason, we will have no obligation to begin providing you with mailed, paper transaction histories or other material regarding the GPR Card, except as provided in the GPR Card terms and conditions. Termination of your enrollment in Online Banking will automatically terminate Online Statements with respect to all Online Statements Accounts. Certain changes to your Online Statements Accounts (e.g., removing your name from the account) also may have the effect of terminating Online Statements for such accounts. Cancellation of Online Statements may result in modification of the terms or features of accounts that require Online Statements or in the termination or modification of Online Banking. If you are a consumer, please refer to the E-Sign Consent for other terms and conditions regarding the withdrawal of consent for electronic disclosures.

c. Mobile Banking Service. You may cancel the Mobile Banking Service as provided in Section V of this Agreement. Other features and functionality of the Mobile Banking Service may cancellable as provided in other terms and conditions related to such features and functionality.

d. Regions Personal Pay Service. You may cancel the Regions Personal Pay Service as provided in the Regions Personal Pay Service Addendum to this Agreement, which is posted at the bottom of the Personal Pay pages in Online Banking.

e. Online Personal Financial Management Service. You may cancel the Online Personal Financial Management Service as provided in Section IX of this Agreement. f. We may terminate or suspend any of the Services at any time, in our discretion, without notice to you, except as required by applicable law or regulation, and without liability to you. No termination or cancellation of any Service for any reason will affect your liability or obligations under this Agreement accruing prior to the date of termination or any provisions of this Agreement which, by their nature or by express provision, are intended to survive termination or cancellation.

10. Exclusion of Warranties; Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF THE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR PC OR RELATED EQUIPMENT OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, FINANCIAL SOFTWARE), OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING OR ARISING IN ANY WAY IN WHOLE OR IN PART FROM (a) THE USE OF OR THE INABILITY TO USE THE SERVICE, (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, (d) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE SERVICES, (e) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, (f) THE INSTALLATION, USE, OR MAINTENANCE OF ANY HARDWARE OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL SOFTWARE) OR OTHER EQUIPMENT AND/OR (g) ANY OTHER MATTER RELATING TO THE SERVICES OR YOUR USE THEREOF.

WE ARE NOT RESPONSIBLE FOR THE QUALITY OF GOODS, PROPERTY, OR SERVICES THAT YOU PAY FOR USING ANY SERVICE. ANY CLAIMS CONCERNING GOODS, PROPERTY, OR SERVICES PAID FOR USING A SERVICE MUST BE RESOLVED BY YOU DIRECTLY WITH THE PAYEE, AND ANY CLAIM OR DEFENSE THAT YOU ASSERT AGAINST SUCH PAYEE WILL NOT RELIEVE YOU OF YOUR RESPONSIBILITY TO US UNDER YOUR AGREEMENTS WITH US. IT IS YOUR RESPONSIBILITY TO DETERMINE WHAT, IF ANY, TAXES APPLY TO THE PAYMENTS 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.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE SERVICES, OR THE USE OF THE SERVICES BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE THE SERVICE, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.

11. ARBITRATION AND WAIVER OF JURY TRIAL. Except as expressly provided herein, you and we agree that either party may elect to resolve by BINDING ARBITRATION any controversy, claim, counterclaim, dispute or disagreement between you and us, whether asserted or brought in a direct, derivative, assignee, survivor, successor, beneficiary or personal capacity and whether arising before or after the effective date of this Agreement (any “Claim”). Claim has the broadest possible meaning and includes, but is not limited to, any controversy, claim, counterclaim, dispute or disagreement arising out of, in connection with or relating to any one or more of the following: (1) the interpretation, execution, administration, amendment or modification of the Agreement or any agreement; (2) any account; (3) any charge or cost incurred pursuant to the Agreement or any agreement; (4) the collection of any amounts due under the Agreement, any agreement or any account; (5) any alleged contract or tort arising out of or relating in any way to the Agreement, any account, any agreement, any transaction, any advertisement or solicitation, or your business, interaction or relationship with us; (6) any breach of any provision of the Agreement; (7) any statements or representations made to you with respect to the Agreement, any agreement, any account, any transaction, any advertisement or solicitation, or your business, interaction or relationship with us; (8) any property loss, damage or personal injury; (9) any claim, demand or request for compensation or damages from or against us; (10) any damages incurred on or about our premises or property; or (11) any of the foregoing arising out of, in connection with or relating to any agreement which relates to the Agreement, any account, any credit, any transaction or your business, interaction or relationship with us. If either party elects to arbitrate, the Claim shall be settled by BINDING ARBITRATION under the Federal Arbitration Act (“FAA”). This agreement to arbitrate shall include any Claim involving our current and former officers, directors, employees, agents, representatives, contractors, subcontractors, parent, subsidiaries, affiliates, successors, assigns, any third party that assigned any agreements to us and any of the respective current and former employees, officers, agents or directors of such affiliates or third parties, and any such Claim against any of those parties may be joined or consolidated with any related Claim against us in a single arbitration proceeding. In addition, if we become a party in any lawsuit that you have with any third party, whether through intervention by us or by motion or pleading made by you or any third party, we may elect to have all claims in that lawsuit between you and such third party to be resolved by BINDING ARBITRATION under this Agreement. The arbitration shall be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures For The Resolution Of Consumer-Related Disputes (the “Arbitration Rules”) in effect at the time the demand for arbitration is filed. In the event of a conflict between the Arbitration Rules and this Agreement, this Agreement shall control, except that, in the event that the AAA determines that any provision of this Agreement does not comply with applicable standards stated in the AAA’s Consumer Due Process Protocol, the standards of the Protocol shall control. We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do so. Or, you may contact the AAA directly at 1-800-778-7879 (toll free) or at www.adr.org. If the AAA’s Supplemental Procedures for Consumer-Related Disputes apply to your Claim and if your Claim for actual damages does not exceed $10,000, you shall be responsible for paying one-half of the arbitrator’s fees up to a maximum of $125. If your Claim for actual damages exceeds $10,000 but does not exceed $75,000, you shall be responsible for paying one-half of the arbitrator’s fees up to a maximum of $375. For any Claim that does not exceed $75,000, we will pay all other arbitrator’s fees and costs imposed by the administrator of the arbitration. If your Claim is a consumer-related claim for actual damages that exceeds $75,000, or if it is a non-monetary consumer-related Claim, or if it is not a consumer-related Claim, you shall be responsible for paying the administrative costs and arbitrator’s fees as provided in the AAA’s Commercial Fee Schedule. Except as otherwise provided in this Agreement, the final award by the arbitrator(s) may apportion the administrative fees, expenses and arbitrators’ fees between you and us as part of the award, as the arbitrator(s) determines is appropriate. The fees and cost stated in this Agreement are subject to any amendments to the Arbitration Rules and fee and cost schedules of the AAA. The fee and cost schedule in effect at the time you submit your Claim shall apply. The Arbitration Rules permit you to request a deferral or reduction of the administrative fees of arbitration if paying them would cause you extreme hardship. Each party also has the option of filing an action in small claims court or your state’s equivalent court, for any Claim or disputes within the scope of the small claims court’s jurisdiction. But if a Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration of the Claim. The arbitration of any Claim of $150,000 or greater shall be conducted by a panel of three arbitrators. The arbitration of any Claim of a lesser amount shall be conducted by one arbitrator. The arbitrator(s) shall be selected from the AAA’s panel of arbitrators by mutual agreement between you and us. If we cannot agree on the arbitrator(s), the procedure for appointment from the national roster as provided by Commercial Arbitration Rule 11 shall apply, except that the AAA shall not unilaterally appoint the arbitrator(s), unless you and us so agree.

Except as expressly provided in this agreement to arbitrate, no Claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another Claim, or resolved on behalf of similarly situated persons, or brought as private attorney general or on another similar representative basis. For any Claim subject to arbitration, you may not participate in a class action in court or in a class-wide arbitration, either as a plaintiff or claimant, class representative or class member.

All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in and to the arbitration. Any in-person arbitration hearing will be held at a location that is reasonably convenient to all parties in either your state of residence or the state of your statement address with Regions, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, that determination shall be made by the arbitrator(s). Any dispute regarding whether a particular controversy is subject to arbitration, including any claim of unconscionability and any dispute over the enforceability, scope, reach or validity of this agreement to arbitrate disputes or of this entire Agreement, shall be decided by the arbitrator(s). The arbitrator(s) shall establish such reasonable procedures as may be necessary for the reasonable exchange of information and materials between the parties prior to such arbitration. In rendering an award, the arbitrator(s) shall apply applicable contract terms, statutes and legal precedent and shall follow the Federal Rules of Evidence, enforce applicable privileges, and employ applicable burdens of proof. The arbitrator(s) shall award only such relief as a court of competent jurisdiction could properly award under applicable law (and which shall be governed by the constitutional standards employed by the courts). The arbitrator(s) shall have the authority to award attorneys’ fees, costs and expenses, in whole or in part, in instances where such is authorized by applicable law. The arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the Claim. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on us or contains a monetary award in excess of $250,000.00, the award shall be reviewable on appeal initiated within 30 days of the award by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster as provided by Commercial Arbitration Rule 11, except that the AAA shall not unilaterally appoint the arbitrators for the appeal, unless you and we so agree. The decision of the panel shall be by majority vote. Such review shall reconsider anew any aspect of the initial award requested by the appealing party. However, if the award does not impose an injunction on you or on us or contain a money award in excess of $250,000.00 , then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the FAA. This agreement to arbitrate does not limit the right of you or us, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies such as set-off, recoupment, repossession, trustee’s sales and the like. This agreement to arbitrate does not limit the right of you or us, whether before or during the pendency of any arbitration proceeding to bring an action (individually, and not on behalf of a class) to obtain provisional or ancillary remedies or injunctive relief (other than a stay of arbitration) to protect the rights or property of the party seeking such relief. However, the arbitrator(s) shall have the power to vacate and/or stay any such proceedings or orders granting provisional or ancillary remedies or injunctive relief, upon application by you or us. The taking by either you or us of any of the self-help remedies or by filing any action in court, including but not limited to the actions described in the preceding sentence, shall not be deemed to be a waiver of the right to elect BINDING ARBITRATION of any Claim upon the filing of a counterclaim, crossclaim, third party claim or the like by either you or us in response to any such action. You and we specifically acknowledge and agree that this Agreement evidences a “transaction involving commerce” under the FAA, and hereby waive and relinquish any right to claim otherwise. You and we hereby acknowledge, agree and stipulate that Regions Bank is a multi-state banking organization engaging in interstate banking and commerce; Regions Bank’s deposits are federally insured; the funds deposited in any account flow through interstate commerce; and we regularly use the services of businesses located in other states in opening and administering accounts.

Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any Claim, or any appellate proceeding, as applicable, or otherwise refuse or decline to accept and administer the arbitration of any Claim, or any appellate proceeding, as applicable – in whole or in part and for any reason whatsoever or for no reason – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, any party to the Claim may then petition a court of competent jurisdiction under 9 U.S.C. § 5 to appoint the arbitrator(s). Upon consideration of such a 9 U.S.C. § 5 petition, should the court decline or refuse to appoint the arbitrator(s), then and only then and within 30 days of a final and non-appealable decision on the matter from such court, you and we shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within 30 days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the Claim as the sole arbitrator, except with respect to a Claim for $150,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the applicable AAA Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA. If any term or provision of this agreement to arbitrate disputes and waiver of jury trial is held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision; provided, that if you or we seek to bring a joined, consolidated, or class action for arbitration, and if the foregoing prohibition against the arbitration of joined, consolidated or class actions is finally held by an authority of competent jurisdiction to be invalid or unenforceable, the arbitration agreement between you and us shall then be deemed inapplicable to such joined, consolidated or class action, to the effect that any permitted and lawful joined, consolidated or class action shall be adjudicated in accordance with the provisions of applicable law and shall not be resolved through arbitration (provided further, that the jury trial waiver shall, in any event, remain in full force and effect to the fullest extent permitted by law). This agreement to arbitrate disputes and waiver of jury trial shall survive your death, the closing of your account and the termination of any of your business or transaction(s) with us, any bankruptcy to the extent consistent with applicable bankruptcy law and shall also survive as to any Claim covered within the scope of this Agreement.

Whether any controversy is arbitrated or settled by a court, you and we voluntarily and knowingly waive any right to a jury trial with respect to such controversy to the fullest extent allowed by law.

12. Rules, Regulations and Other Agreements; Entire Agreement. You agree to be bound by operating rules and regulations imposed by any networks or clearinghouses in which we participate and/or which process Service transactions. Such rules and regulations constitute a part of this Agreement. This Agreement constitutes the current, sole and entire agreement between you and us with respect to the Services, and any and all prior agreements with respect to the Services are superseded by this Agreement. This Agreement supplements, but does not replace, other agreements, terms and conditions governing your Service Accounts and/or any other services used by you in relation to the Service Accounts. Such other agreements, terms and conditions remain in full force and effect, and we may apply the provisions thereof to your use of the Services, as the context may require (including, but not limited to, provisions relating to the ownership of website content and other intellectual property and provisions relating to our use of your comments, suggestions, and ideas regarding our products and services, as set forth in the Regions Website Terms of Use); provided, however, that in the event of a conflict between the terms of this Agreement and those of any other agreement, the express terms of this Agreement shall control with respect to the Services. You further acknowledge and agree that the E-Sign Consent and any User's Guide or other instructional materials (including, without limitation, on-screen help) that we provide are a part of this Agreement.

13. Unauthorized Alteration. Neither this Agreement nor any enrollment form may in any way be altered by you without our express written agreement. Any attempt by you to alter either this Agreement or any enrollment form without our express written agreement shall be void and shall have no legal effect. You hereby agree to indemnify and hold us harmless from and against any and all claims, losses, liabilities, penalties, expenses and punitive and other damages (including without limitation reasonable attorneys fees) directly or indirectly resulting from, relating to or arising in connection with any successful or unsuccessful attempt by you to alter either this Agreement or any enrollment form without our express written agreement. You acknowledge and agree that no practice or course of dealing between you and us, nor any oral representations or communications by you and/or any of our agents, employees or representatives, which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement.

14. Waivers. No delay or omission by us in exercising any rights or remedies under this Agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy. No waiver shall be valid unless in writing and signed by us. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Where this Agreement or applicable law permits us to take action, or not to take action, in our discretion on any matter, any action, or inaction, on our part with respect to such matter shall not obligate us to repeat such action, or inaction, with respect to similar matters that may subsequently arise.

15. Assignment. You agree that your use of the Services described in this Agreement is personal to you and that you will not resell or assign use of the Services or make any unauthorized commercial use thereof. You may not assign or transfer this Agreement, or any of your rights thereunder, without our prior written acknowledgement and consent, which may be granted or withheld in our absolute discretion. We may assign this Agreement and/or any or all of our rights thereunder, or delegate any or all of our responsibilities thereunder, to any third party or parties in our discretion and without notice to you, subject to the requirements of applicable law. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their respective successors and assigns.

16. Data Recording. When you use the Services, the transaction and other information you enter may be recorded. By using the Services, you consent to such recording.

17. Change of Terms; Electronic Disclosures. We have the right to change the terms of this Agreement (including the separate sections hereof) and/or the fees, charges, features, operational elements, and other terms and conditions applicable to the Services, at any time in our discretion. Any changes we make will be effective as of the time we determine, with or without notice to you, provided that we will furnish you with notice of changes as required by applicable law. Subject to any notice requirements provided by applicable law, you expressly agree that we may in our discretion add to, modify, and/or delete administrative and operational features and elements applicable to the use of the Services (including, without limitation, User's Guides) and/or make any changes that are in your favor without notice to you. If you do not agree to any change or amendment relating to terms and conditions of this Agreement or the Services, you must terminate your use of the Services. By using any of the Services after any such change or amendment, you agree to that change or amendment.

You agree that we may send change of terms notices to you, as well as any information, disclosures and/or notices relating to the services in electronic form. You agree that we may post such information, disclosures, and notices in the Online Banking section of our website (or the website we designate). We may also transmit the information (or provide notice of availability of the information) to the e-mail address you have provided us in connection with the use of the Services. You specifically acknowledge and agree that we may periodically transmit to you by e-mail welcome notices, reminders, tips, inactivity notices, and other messages concerning the use of the Services. Subject to the terms and conditions of the E-Sign Consent that you have accepted in connection with your enrollment in the Services, you further agree that we may provide you with an electronic record, via electronic messaging or delivery as provided above, of any and all disclosures and information that we are required by applicable law or regulation to provide in writing (including, without limitation, the Electronic Fund Transfer Act, as amended (15 U.S.C. 1693 et seq.), Federal Reserve Board Regulation E, as amended (12 C.F.R. 205)). You will be deemed to have received such notices or disclosures (3) days after the information is posted or transmitted in the forms mentioned above whether or not you have retrieved them by that time. You acknowledge and agree that any present or future election by you to include your name in any internal database that we maintain in order to keep a record of who does not wish to receive electronic messaging, generally, shall not apply to or affect your agreement to receive electronic information, disclosures and/or notices relating to the Services, as provided herein. We reserve the right at any time to provide you with paper copies of any information, disclosures, and/or notices relating to the Services in lieu of or in addition to electronic versions. This information will be mailed to your address that appears in our records or otherwise transmitted to you pursuant to any other method to which you have agreed.

18. New Services; Third Party Services. We may introduce new electronic banking services from time to time. By using these new services after they become available, you agree to be bound by all terms and conditions applicable thereto. From time to time we also may arrange for third parties not affiliated with us to make their products and services (“Third Party Services”) available to you through the Online Banking website, and we may provide hyperlinks to external websites owned or operated by such third parties. Third Party Services may be subject to separate terms and conditions between you and the provider of such services. In the event of a conflict between the terms of this Agreement and the terms of any agreement between you and the third party provider of a Third Party Service, the terms of this Agreement shall control with the respect to the matters addressed in this Agreement. Unless we otherwise agree in writing, and subject to applicable law, the third party provider of any Third Party Service is solely responsible for the Third Party Service and we shall have no responsibility or liability to you therefor. No breach or default by the third party provider with respect to any Third Party Service shall in any way relieve you of your obligations to us under this Agreement or allow you to withhold the performance thereof. The privacy, information-sharing, and security policies of any third party provider of a Third Party Service may differ from our policies, and you are responsible for reviewing and understanding the provider’s policies before you obtain a Third Party Service.

19. Delays. You agree that we shall not be liable for any delay in the performance or nonperformance of the Services resulting from any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any Act of God, war, epidemic, strike, lockout, riot, weather conditions, equipment failure or malfunction, material shortage, electrical power disruption or shortage, communication failure or any other condition or circumstance not within our reasonable control.

20. Applicable Law. Regardless of where you live, work, or where you access the Services, this Agreement, any enrollment form, and your deposit relationship with us will be governed by the substantive laws (excluding conflict of laws principles) and regulations of the United States and the state in which the branch where your primary Designated Funding Account was established is located.

21. Venue. Subject to the terms of the arbitration section of this Agreement, any proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the state in which the branch where your primary Designated Funding Account was established is located.

22. Illegal Purposes. You agree not to use the Services for any illegal purpose or in breach of any contract or agreement by which you are bound, and you agree to comply with all applicable laws, rules, and regulations in connection with the Services. You acknowledge and agree that we have no obligation to monitor, review or evaluate your transactions for legality and that we may presume that all of your transactions are legal in all applicable jurisdictions. However, we reserve the right to decline any transaction that we believe is an illegal transaction or a high-risk transaction in any applicable jurisdiction. You agree not to use the Services to engage in any internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an internet or online gambling transaction. You further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal. You certify that you have legal capacity to enter into this Agreement under applicable law. The Services and any application for deposit or other services at our website are solely offered to the citizens and residents of the United States of America and may not be accessed while outside the United States. If you choose to use the Services from locations outside the United States, you do so at your own risk.

23. Construction of Defined Terms. As appropriate, the singular number shall include the plural and the plural shall include the singular.

24. Headings. The headings used in this Agreement are for convenience only and shall not be held to limit or affect the terms of this Agreement.

25. Severability. If a court of competent jurisdiction, or arbitrator as applicable, finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. The terms of this section are not intended to affect the express terms of the arbitration section of this Agreement relating to severability of unenforceable provisions of such arbitration section.