FIRSTLIGHT FEDERAL CREDIT UNION

By clicking "I Accept" at the bottom of this page, you are agreeing to the terms and conditions outlined in the following agreements and disclosures:

• ONLINE BANKING SERVICE AGREEMENT AND DISCLOSURE

• ELECTRONIC STATEMENT AND DOCUMENT AGREEMENT

• MOBILE BANKING AGREEMENT

• FINANCE MANAGER & PURCHASE REWARDS OFFER END USER AGREEMENT

The Electronic Statement and Document Agreement includes your consent to receive account statements and any required disclosures electronically. You will no longer receive a paper statement for your account. This consent may be revoked by following the procedure in the Electronic Statement and Document Agreement.

ONLINE BANKING SERVICE AGREEMENT AND DISCLOSURE

This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service, Bill Payment service and other Online Banking service provided within Online Banking collectively referred to throughout as ("Services"). It also describes the rights and obligations of FirstLight Federal Credit Union. Please read this Agreement carefully. By requesting and using the Services, you agree to comply with the terms and conditions of this Agreement.

This Agreement is in addition to the terms and conditions contained in FirstLight Federal Credit Union's other agreements and does not replace other agreements you have received from us, such as: Member's Service and Fee Schedule, Rate Disclosure, Privacy Notice, Funds Availability Disclosure, Electronic Funds Transfer Agreement and Disclosure, Membership and Account Agreement or Business Membership and Account Agreement, Truth in Savings Disclosure, Funds Transfer and PopMoney Agreement, and Funds/Wire Transfer Agreement. Terms in the foregoing agreements may govern your online banking transactions with us. Subject to change as per the General Terms and Conditions section of this agreement.

I. Definitions

The following definitions apply in this Agreement:

1. "Authorized Representative" refers to a person with authority (with respect to the account); 2. "Bill Payment" is the online service that allows members to pay bills without having to write

checks and mail them. 3. "Documents" means transaction documents, bills, account statements, agreements, forms,

correspondence, notices, disclosures and any other communications sent to you by or on behalf of FirstLight Federal Credit Union;

4. "By Electronic Means" and "Electronically" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities (such as the internet, mobile and cellular technologies, FirstLight Federal Credit Union automated speech functions, electronic mail, bill pay, and automatic payment systems);

5. "ISP" refers to your Internet Service Provider; 6. "Online Banking" is the internet-based service providing access to your Credit Union account(s); 7. "Online Account" means the Credit Union account from which you will be conducting transactions

using a Service; 8. "Password" is the customer-generated code selected by you for use during the initial sign-on, or

the codes you select after the initial sign-on, that establishes your connection to the Service;

9. "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;

10. "Product Agreement" means the policy, account agreement, or other documents that govern product or service that you obtain from or through FirstLight Federal Credit Union;

11. "Site" means www.firstlightfcu.org and any other website owned or operated by FirstLight Federal Credit Union;

12. "Credit Union" or FirstLight Federal Credit Union" or "us" "we" or "our" refers to FirstLight Federal Credit Union, unless from the context it clearly includes you (i.e., "both of us" or "either of us");

13. "Time of day" references are to Mountain Standard Time (MST); 14. "User ID" is the identification code chosen by you for your connection to the Service; 15. "We", "us", or "Credit Union" refer to FirstLight Federal Credit Union which offers the Services

and which holds the accounts accessed by the Services; and 16. "You" or "your" refers to the user of the site, owner(s) of the account, authorized representative,

or other person to whom you have given your Password.

II. Access to Services

The Credit Union will provide instructions on how to use the Online Banking and Bill Payment Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password, and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating, and revising the software.

III. Electronic Statement and Document Agreement

You agree to electronically receive your account statements, disclosures, and other documents related to your account and transactions electronically. The following is information about the hardware and software you need to receive documents electronically and how to request paper copies. This Agreement does not change how we deliver other documents related to your FirstLight Federal Credit Union accounts.

A. Documents You Agree to Receive Electronically

You agree to receive electronic delivery of:

1. Information presented to you as part of an online transaction such as disclosures, forms, notices, account agreements, account statements, and other information,

2. Documents reflecting our decisions regarding your online transactions, including adverse action notices; and

3. FirstLight Federal Credit Union's Privacy Policy 4. Any member communication FLFCU sends to including notices, marketing opportunities,

and information FLFCU deems necessary.

B. Hardware and Software Requirements

To access and retain electronic documents you need a computer with access to the internet, the ability to download or print documents, and a current version of a PDF reader. You also need to ensure your web browser version of Internet Explorer, Mozilla Firefox, or Safari is compatible with Online Access.

C. Updating Your Contact Information

Your e-mail address, as stored in Online Access, is the contact for electronic delivery of statements and documents. You may update your contact information for electronic delivery of documents by accessing My Settings in the Online Access system.

D. Your Responsibilities

If you choose to receive documents electronically, it is your responsibility to periodically logon to Online Access and check for the delivery of new statements and documents. You should open and read your statements and documents. Promptly notify us at 1-800-351-1670 if any statements or documents are not accessible, incomplete, or unreadable.

E. Electronic Delivery Procedures

This describes the procedures for electronic delivery, requesting paper copies, and cancellation of e-statements.

Delivery Process. We will deliver electronic documents by delivery through the Online Access website, by electronic mail, or other reasonable methods of delivery. We may send a notice to your email when an electronic document is posted and when applicable by law. Notification will be sent when documents are available for viewing in Online Access. If applicable law or system limitations prevent us from delivering certain documents, we will deliver them as allowed by law.

Requesting Paper Copies. You may request a paper copy of a document that we delivered to you electronically. You should check the Schedule of Fees for charges or conditions applicable to requesting a paper copy of a statement or document. You may request paper copies by using the Support feature in Online Access.

Cancelling Electronic Delivery. If you would like to receive paper statements and documents, you may withdraw your consent to receive electronic documents by writing us or completing the Paper Statement Opt-In form on our website, www.firstlightfcu.org. You should check the Schedule of Fees for charges or conditions applicable to receiving a paper statement.

F. Telephone and E-mail Contacts

By providing your phone numbers or e-mail address you authorize us to contact you at these telephone numbers and e-mail addresses. For example, we may contact you if we detect suspicious activity on your accounts, or when we have other important information to convey to you.

G. Privacy Notice and Other Disclosures

FirstLight Federal Credit Union’s Privacy Policy and other disclosures related to your account may be delivered to you electronically in accordance with all applicable laws. You agree that we can deliver the Privacy Policy and other disclosures to you annually in accordance with the law.

You may request a copy of our Privacy Policy to be mailed to you at any time or can access our Privacy Policy on our website listed below.

https://www.firstlightfcu.org/files/html/Disclosures/FirstLight-Privacy-Disclosure.pdf

H. Security

You agree to protect your online banking password. We may terminate your access to Online banking to protect you and FirstLight. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device. You agree to notify us promptly of any unauthorized use of your password or breach of security.

I. Disclaimer of Liabilities

This limits FirstLight Federal Credit Union's liability for your actions, technical problems, and events beyond our control. We are not liable for any loss or damage arising from:

1. Your failure to comply with this agreement; 2. Your failure to access, download, save or print documents; 3. Problems or technical failures with your equipment; 4. Any errors or delays in communication or transmission lines; and 5. Any occurrence beyond our reasonable control.

IV. Banking Transactions with Online Banking

A. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. This service allows one time, future, or recurring transfers to make loan payments up to $10,000. You may transfer funds among your checking accounts, savings accounts, money market accounts, and Revolving Line of Credit Accounts.

NOTE: Because regulations require the Credit Union to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

• Share account. You can make no more than six (6) transfers per statement period by preauthorized, automatic transfer, by telephone, or Online Banking.

B. Periodic Statements. You will receive a periodic statement at least quarterly. A monthly statement for any account that has banking activity during the monthly cycle will be issued.

C. Additional Services. New services may be introduced for Online Banking from time to time. The Credit Union will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

V. Schedule of Fees

Please refer to the Member's Service and Fee Schedule or Commercial Accounts and Fee Schedule located on our website for a listing of all our fees.

VI. Use of Your Security Password

You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

• Do not give out your account information, Password, or User ID;

• Do not leave your PC unattended while you are in the Credit Union's Online Banking Site;

• Never leave your account information within range of others; and

• Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.

If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Credit Union immediately at 915-562-1172 in El Paso, in Las Cruces at 575-526-4401, or toll free at 1-800-351-1670 between the hours 8:00 a.m. to 6:00 p.m. (MST), Monday-Friday or between 9:00 a.m. and 1:00 p.m. (MST) on Saturday.

You may also send us an email at cumail@firstlightfcu.org, step into one of our conveniently located branches or write to us at:

FirstLight Federal Credit Union P.O. Box 24901

El Paso, Texas 79914-9001

Telephoning the Credit Union is the best way of minimizing your losses and liability. If you believe your Password has been lost or stolen, please use the Update Password feature within the Online Banking section of the Web site to change your Password.

VII. Electronic Mail (E-mail)

If you send the Credit Union an e-mail message, the Credit Union will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

• NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Support Link provided in our Online Banking site. Use this secure form to e-mail the Credit Union regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Credit Union regarding other concerns of a confidential nature.

VIII. Bill Payment Services

A. Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.

All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

B. Scheduling Payments. Payments may be scheduled in advance. Funds must be available in your Bill Payment Account on the selected Deliver Date. Funds are withdrawn from your Bill Payment Account to make payment on the Deliver Date if processed electronically. If processed via paper check, funds will be withdrawn when check is presented for payment.

If the session during which you schedule a payment or transfer ends by 2:00 p.m., the Credit Union will be considered to have received it on that day. Otherwise, it will be considered received

on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.

You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Credit Union will work with the payee on your behalf to reverse any late fees or charges.

C. No Duty to Monitor Payments. The Credit Union is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Credit Union will not be liable in any way for damages you incur for any of the following reasons:

• insufficient funds in your Bill Payment Account to make the payment on the processing date;

• Delays in mail delivery;

• Changes to the payee's address or account number unless we have been advised of the Change in advance;

• The failure of any payee to correctly account for or credit payment in a timely manner; or

• Any other circumstances beyond the control of the Credit Union.

In the event that there are not sufficient funds in your account, scheduled payment will be issued/negotiated which may cause your account to overdraft, resulting in fees and outstanding balance(s) that will need to be paid. If unpaid, collection efforts may be made by our third-party collector and/or FirstLight and could result in closure of account and negative credit reporting.

If your Bill Payment Account does not have sufficient funds to make a payment as of the date the Right to Cancel or Change Payment Instructions If you have told us in advance to make regular payments out of your account you can stop any of these payments

To do so you may call the Credit Union toll free at 1 (800) 351-1670, you may also send an email to cumail@firstlightfscu.org or write to us at:

FirstLight Federal Credit Union P.O. Box 24901 El Paso, Texas 79914-9001.

We must receive this notification within three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call or the oral stop order will cease to be binding. The stop payment order will apply only to a particular payment however if the item is resubmitted by

the payee we will continue to honor the stop payment order and may suspend future payments to the payee until you authorize us to resume payments. To terminate the entire pre-authorized payment arrangement with the payee, you must contact the payee. You can also notify us that the pre-authorized payment has been terminated (We will charge a fee for each stop payment order you give. This fee is disclosed in the Member's Service and Fee Schedule, Commercial Accounts and Fee Schedule, or Electronic Fund Transfers Agreement and Disclosure.

Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Credit Union, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Credit Union may pay any item that is presented following the lapse of any stop payment order.

D. Notice of Varying Amounts. If pre-authorized payments will vary in amount the person you are going to pay is required to tell you ten (10) days before each payment, when is will be made and how much it will be. You may agree with the person being paid to receive this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

E. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.

IX. Joint Accounts

If you enroll a joint account in any of our Online Banking Services, any joint account holder may access the account and use any/all of the Services in this agreement.

X. Account Access

You are responsible for maintaining the confidentiality of all passwords associated with your Account(s). You understand and agree that you are responsible for all transactions conducted on your Accounts by anyone using any username or password associated with your Account(s), including unauthorized transactions, subject to the limitations of applicable law. Anyone to whom you or your sub-users disclose passwords and anyone who has access to those passwords will have full access to the services you or your sub-users can perform in Online Banking and Bill Pay, and you agree to hold us harmless for any and all resulting transactions. Furthermore, you agree to hold us harmless for any and all transactions you authorize (whether in writing or by your words or conduct) on your Account. We have no obligation to monitor the use of your usernames and passwords or to notify you if unusual activity occurs. Specifically, we are entitled to presume that all communications regarding Online Banking services and Bill Pay are authorized by you. It is solely your responsibility to immediately disable or remove sub-users who no longer require account access. Failure to disable access of former sub-users by you could result in financial loss to you. You agree to hold the Credit Union harmless for any loss due to your failure to disable or remove access of former sub-users.

XI. Term and Termination

A. Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

B. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:

1. you do not pay any fees required by the Account Agreement when due or 2. you do not comply with the agreement governing your deposit or loan accounts or your

accounts are not maintained in good standing.

We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

C. Termination for Convenience. To terminate this Agreement, you must notify the Credit Union and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Any final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Credit Union by one of the following methods:

• By sending an e-mail to cumail@firstlightfcu.org;

• By calling toll free 1-800-351-1670;

• By stepping into one of our branches; or

• By writing a letter and either sending it to the following address:

FirstLight Federal Credit Union Attention: Member Service Center P.O. Box 24901 El Paso, Texas 79914-9001

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

XII. Electronic Fund Transfer Provisions For Consumers

A. Applicability. These provisions are only applicable to online electronic fund transfers (EFT) that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E. When applicable, the Credit Union may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.

B. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

1. If you notify the Credit Union within two (2) business days after your password was lost or stolen, you are liable for no more than $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less

2. If you fail to notify the Credit Union within two (2) business days after your password was lost or stolen, you are liable for up to $500.00.

3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above.

4. If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you of the results of the investigation within 10 business days and will promptly correct any error. If more time is needed, we may take up to 45 days to investigate a complaint or question. If this occurs, we may provide provisional credit to your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint is not received in writing within 10 business days, we may not grant provisional credit to your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days

(instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.

5. You may notify the Credit Union by telephone, writing, or by email using the support link provided in our Online Banking site. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.

C. Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking or Bill Payment transaction, call 1-800-351-1670 or write us at:

FirstLight Federal Credit Union Attn: Member Service Center P.O. Box 24901 El Paso, TX 79914-1901

We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:

1. Your name and account number 2. A description of the error or the transfer in question; An explanation concerning why you

believe it is an error; or need more information 3. The dollar amount of the suspected error and date the transaction occurred.

XIII. Liability

A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices, or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Services as delineated in this Agreement. If we do not properly complete and electronic transaction to or from your account on time or in the correct amount according to our agreement herein, we may be liable for your losses or damages. We will not be liable to you in the following instances:

1. If through no fault of the Credit Union, you do not have enough money in your account to make the transfer.

2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.

3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.

4. If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer.

5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail

to notify the Credit Union immediately. 7. If you have not properly followed the instructions on how to make a transfer included in

this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party

involving the account or transfer.

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

B. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees, and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to the use of an Online Banking or Bill Payment account.

C. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

D. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy programs, files, and hardware.

XIV. General Terms and Conditions

A. Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.

B. Changes and Modifications. The Credit Union may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

C. Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition, or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.

D. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.

E. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:

• where it is necessary for the provision of Online Banking and for completing transfers;

• in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;

• in order to comply with government or court orders, or other reporting requirements;

• if you give us your permission; or

• to the Credit Union's affiliated companies. F. Governing Law. This Agreement is governed by the laws of the State of Texas and applicable

federal law.

XV. MOBILE BANKING AGREEMENT

FirstLight Federal Credit Union’s mobile banking refers generally to any service allowing a member to access their accounts from a cell phone or mobile device to include Text Banking & Alerts. The service allows you to view balances and track recent account activity for your accounts from your mobile device and receive alerts for which you have subscribed. Access to and use of Text Banking & Alerts service is subject to all applicable federal, state, and local laws and regulations. Unauthorized use of the service or information accessed via this service is strictly prohibited.

You agree that when you use our Mobile Banking services, you will remain subject to the terms and conditions of all existing agreements. You acknowledge that certain wireless service providers and/or wireless carriers may assess fees, limitations, and/or restrictions that might impact your use of Mobile Banking. You expressly agree that you are responsible for all such fees, limitations, and restrictions, and that we may contact you via your wireless device for any purpose concerning your accounts, including account servicing and collection purposes.

You represent that you are the legal owner of the account and other financial information, which may be accessed via Mobile Banking. You represent and agree that all information you provide us in connection with Mobile Banking is accurate current, and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking services. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up-to-date, and accurate. You agree to keep your financial information secure even when using mobile features that allow you to access your account information without the use of log-in credentials.

Biometrics. Biometric technologies are used for consumer account authentication. A biometric identifier measures an individual’s unique physical characteristics and compares it to a stored digital template for authentication. A physical characteristic can be a thumbprint or iris pattern. A biometric identifier can be used as a single or multifactor process.

The strength of biometrics is related to the uniqueness of the physical characteristic selected for verification. Additional strengths are that biometrics do not rely on people to keep their biometric secret or physically secure their biometric. Biometrics is the only authentication methodology with these advantages.

Touch ID and Fingerprint ID. Touch ID and Fingerprint ID, services provided by Apple IOS and Android respectively that allow you to use your fingerprint to login securely instead of entering your user id and password. When Touch ID or Fingerprint ID authenticates a fingerprint registered to your device, a secure token is exchanged with the FirstLight App to permit access to login in to the app. FirstLight never receives or sees your fingerprint information. Your user id and password will not be stored on this device.

For information on how Apple and Google protect your fingerprint data, please see their respective privacy policies.

By enabling Touch ID or Fingerprint ID, every person with an enrolled fingerprint on this device will have access to your account, and may access your accounts, view your information, conduct transactions on your behalf, and has your authority to engage in these activities in the Mobile App.

Enrolled fingerprints expand the number of persons who have access to your account regardless of the signers listed on your account agreement with FirstLight Federal Credit Union.

FIRSTLIGHT FEDERAL CREDIT UNION ADVISES YOU TO REVIEW AND CONFIRM THAT ALL REGISTERED FINGERPRINTS BELONG TO INDIVIDUALS WITH AUTHORITY AS DESCRIBED ABOVE. BY ACTIVATING TOUCH ID OR FINGERPRINT ID, WE RELY ON YOUR REPRESENTATION THAT ANYONE WITH A REGISTERED FINGERPRINT HAS PROPER AUTHORITY.

Mobile Deposits. Mobile Deposit is a service designed to allow you to make deposits of certain checks into certain accounts at the Credit Union by scanning the original checks and delivering the digital images and associated deposit information to us or our processor with your Mobile Device. We may establish limits on the dollar amount and/or number of items or deposits and modify such limits from time to time at our discretion. If you attempt to initiate a deposit in excess of any limits set, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms and conditions of this Agreement, and we will not be obligated to allow such a deposit at other times. Nothing in this agreement should be construed as requiring FirstLight Federal Credit Union to accept any

check or item for deposit, even if FirstLight Federal Credit Union has accepted that type of check or item previously.

You agree to scan and deposit only checks (drafts drawn on a U.S. financial institution such as a credit union, savings and loan or bank and payable on demand.)

The following items are accepted via Mobile Check Deposit:

• Personal checks;

• Government/Treasury checks;

• Business checks;

• Cashier’s checks;

• Two-party checks; and

• Money Orders.

You agree that you will not use Mobile Deposit to deposit:

• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you);

• Checks payable to you and another party who is not a joint owner on the account;

• Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;

• Checks or items dated more than 6 months prior to the date of deposit;

• U.S. Savings Bonds;

• Checks from foreign institutions;

• Image replacement documents (also known as substitute checks);

• Income Tax Checks;

• Travelers Checks; and

• Temporary Checks.

Requirements. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association or any higher standards set by us.

Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. You agree to restrictively endorse any item deposited through Mobile Deposit as “For Mobile Deposit at FirstLight Federal Credit Union Only” or as otherwise instructed by FirstLight. You agree to follow any and all other procedures and instructions for the use of Mobile Deposit that we may establish from time to time. We reserves the right to reject any item that is not endorsed as specified. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.

Original checks. You must securely store the original check for 60 calendar days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will

deliver to us within 10 calendar days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.

You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, as outlined in the terms and conditions of the account agreement, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Your Warranties. You make the following warranties and representations with respect to each image:

• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.

• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.

• You will not re-deposit or re-present the original check.

• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.

• There are no other duplicate images of the original check.

• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.

• You are authorized to enforce and obtain payment of the original check.

• You have possession of the original check and no party will submit the original check for payment.

• You will not store or make a back-up copy of the Electronic Item(s)

With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service

provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs.

Funds Availability. Deposits made via Mobile Deposit Monday through Friday before cut-off time of 5:00 pm MST will be considered received the same business day and may not be immediately available for withdrawal.

Deposits made via Mobile Deposit Monday through Friday after the cut-off time of 5:00 pm will be considered received the next business day and may not be immediately available for withdrawal. Those made on Saturday after 1:00 pm, at any time on Sunday, or a holiday will be considered received the following Monday or next business day and may not be immediately available for withdrawal.

For determining the availability of your deposits, every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit after our cutoff time on a day we are not open or on a day we close before the cutoff time, we will consider the deposit was made on the next business day we are open.

Holds. In certain instances, a hold may be placed at the time you submit a deposit or after you’ve made a deposit. A hold means that although we’ve received your check for deposit, you won’t be able to use the funds until the hold period has expired. If an exception hold is placed on your deposit, you’ll receive a written notice.

Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

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

Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.

In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and

our technology partners, inclusive of, but not limited to, Digital Insight. and Ensenta Software, LLC, retain all rights, title and interests in and to the Services, Software and Development made available to you.

Push Notifications. The Mobile App includes push notifications or other mobile communication capability. You hereby approve our delivery of electronic communications directly to your mobile device. These notifications may include information regarding your account balances or recent transactions. The notifications may be delivered to your device even when the App is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device. It is your responsibility to keep your account information secure when using this feature.

Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

You understand and agree that you are required to indemnify our technology partners, including but not limited to Digital Insight. (Digital Insight) and Ensenta Software, LLC (Ensenta), and hold harmless Digital Insight, its affiliates, officers, employees and agents, as well as Ensenta, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claims are related to the financial institution’s or End User’s use of the Services, Ensenta or Digital Insight Applications, unless such claims directly result from an action or omission made by Digital Insight or Ensenta in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Financial Information. You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your enrollment for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.

Termination. We reserve the right to terminate, modify, add and remove features from this service at any time at our sole discretion as permissible by law. You may reject changes by discontinuing use of this service. Your continued use of this service will constitute your acceptance of and agreement to such changes.

XVI. Finance Manager & Purchase Rewards Offers End User Agreement

These two services are designed to make managing your finances online easier than ever before. Both of these features are free and are optional to use. This means that the terms and conditions are effective only if you accept them here and then begin using these products.

• Finance Manager is a personal financial management tool made available to you that allows you to view your complete spending history in a centralized place,

• Purchase Rewards is a product that enables you to receive cash rewards on goods and services that you are already buying today.

MX® E-SIGN Agreement and Disclosure and Terms and Conditions- Updated March 15, 2016

E-SIGN Disclosure and Agreement for MX Digital Money Management Services

Applicability of Consent

The E-Sign Disclosure and Agreement applies only to digital money management services provided through MX Technologies, Inc. ("MX").

Electronic Delivery of Disclosures and Notices

By agreeing to the terms of this E-SIGN Disclosure and Agreement, you are consenting to receive electronic communication, including, but not limited to, disclosures, notices and Terms and Conditions related to the opening and use of and access to your accounts via the MX Digital Money Management Services.

Following the E-SIGN Disclosure and Agreement and demonstration of your ability to access the disclosures electronically, you will see eligible disclosures provided electronically.

The digital money management services provided by MX provide a customized and fast experience designed specifically for smartphones and mobile devices.

Hardware and Software Requirements

In order for you to access and retain the communications, you will need a mobile device as well as a working connection to the Internet. The app supports devices running the following operating systems:

• iOS 7.0 or higher®

• Android 4.0.3 or higher®

• Windows 8.1 or higher®

To use iPhone® and Android™ applications, your device must have a data plan and/or your device must be able to access the Internet. For App Banking, Android devices must run operating system 4.0.3 or higher and iPhone devices must run operating system 7.0 or higher. To use Mobile Banking, you must have a mobile device with an Internet browser, a data plan and/or the device must be able to access the Internet.

Additionally, Adobe® Reader® software is required to read the account statements and other important notices. MX supports the two most recent versions of Adobe Reader. MX also supports the following browsers: Google Chrome, Internet Explorer 11 Firefox, and Safari.

We may revise hardware and software requirements from time-to-time and will notify you if there is a material risk that based on the changes you would not be able to access your electronic records. You will have the opportunity to withdraw consent without the imposition of a fee.

You are responsible for the installation, maintenance, and operation of your computer or electronic device. We are not responsible for any errors or failures from any malfunction of your computer or electronic device, for any virus, other problems or changes that may be associated with the use of your computer or electronic device, including, for example, the cost of your Internet Service Provider.

Withdrawal of Electronic Acceptance of Disclosures and Notices

You may withdraw your consent to receiving electronic disclosures or notices at any time by contacting MX Customer Service at tech.support@mx.com. Your withdrawal of consent will be effective after we have had a reasonable opportunity to act upon it.

TERMINATION AND/OR WITHDRAWAL OF ELECTRONIC ACCEPTANCE WILL RESULT IN YOUR BEING UNABLE TO USE DIGITAL MONEY MANAGEMENT SERVICES

Governing law

The E-Sign Disclosure and Agreement is made in Utah and is subject to Utah law to the extent it is not inconsistent with federal law or regulation.

Consent

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email address for use if you choose to set up any alert notification feature that permits you to request automated notification of specific situations. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, or other delegates as identified on your account agreements. This consent applies only to MX's digital money management application.

Acceptance or Decline

By clicking "Accept" at the end of this entire disclosure (including this E-Sign Agreement and the Terms and Conditions below), you are agreeing to receive disclosures electronically as stated in this E-Sign Disclosure and Agreement and you are agreeing to the following Terms and Conditions listed below.

If you DO NOT want to consent to electronic delivery of disclosures, PLEASE EXIT THE APPLICATION NOW.

If you consent to electronic delivery of the following disclosures, there will be an "Accept" button at the end of the next disclosure section.

Additional Terms and Conditions

You are accessing services provided directly or indirectly to you from MX Technologies, Inc. and being asked to agree to a legally binding agreement in accordance with the terms and conditions set forth below. Therefore, we encourage you to read this thoroughly and carefully.

If you are under the age of eighteen (18) years of age, or are not at least the age of majority or otherwise incapable of binding to a legal contract in the jurisdiction from which you enter into this agreement, you MUST have your legal guardian (e.g., your parent) or someone with authorized power of attorney review this agreement and consent upon your behalf or you should not proceed any further. Notwithstanding the foregoing, MX has not designed the Services with the intention that such be used by minors nor does it market the Services for use by minors.

These Terms and Conditions constitute an agreement between you, whether you are a registered user or visitor to the MX.com website (such visitor, user or—solely for agreements entered by a legal guardian or power of attorney—the person for whom this agreement is entered, hereinafter "you", "your" or "user"), and MX Technologies, Inc. including its affiliates and service providers ("MX", "our", "we" or "us"), pertaining to your use of the MX.com website (the "Site") and/or any of its affiliated web applications (the "Services"). By using the Site and/ or Services, you agree to be bound by these Terms and Conditions and our Privacy Notice, available at https://www.mx.com/privacy-notice, which is hereby incorporated by reference into these Terms and Conditions (collectively, the "Terms"). These Terms constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof, and replace all previous Terms and Conditions or similar agreements or documentation entered into between you and MX, whether written or oral.

Accepting the Terms:

BY CLICKING TO ACCEPT OR AGREEING TO THE TERMS, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY MX IN THE USER INTERFACE FOR ANY OF THE SERVICES, OR BY USING ANY PART OF THE SERVICES, YOU EXPRESSLY (a) ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS; (b) AGREE AND CONSENT TO THE TERMS; (c) REPRESENT AND WARRANT THAT YOU: (i) IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A BUSINESS ENTITY OR ANOTHER INDIVIDUAL, ARE AUTHORIZED TO BIND SUCH ENTITY OR SUCH INDIVIDUAL, AND (ii) AGREE TO BE BOUND BY THE TERMS, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY; AND (d) AGREE TO BE LIABLE FOR ANY NONCOMPLIANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT CLICK THE ACCEPTANCE BUTTON, IF APPLICABLE, AND DO NOT ACCESS OR USE THE SERVICES.

MX may from time to time update these Terms and your continued use of the Services indicates your agreement to any modification with respect to these Terms. You may not use the Services and may not accept the Terms if (i) you are incapable of binding you to a contract with MX, or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Services:

The Services are a digital money management service that allows registered users to organize, consolidate, manage and track their financial information. From time to time MX may modify the Services and add, change, or delete features of the Services, in its sole discretion, without notice to you.

You agree to provide accurate, current and complete information about yourself while registering for the Services and to maintain and update this information to keep it accurate, current and complete. You agree to not misrepresent your identity or your registration and account information. Failure to provide accurate and complete information during registration or account setup may prohibit your use of the Services or result in errors in information generated.

You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Services (collectively, "Account Information"), (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, "Account Data"), (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Account Information ("Communications"), and (d) without limiting the foregoing, any and all activities that occur under your account. MX shall assume that any Communications received through use of the Account Information were sent or authorized by you. You agree to immediately notify MX if you become aware of any loss, theft or unauthorized use of any Account Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Account Information has occurred. You must inform MX of, and hereby grant to MX and its affiliates, third-party providers, partners, licensors, employees, distributors and agents permission to use the Account Information to enable MX to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services MX may provide to you in the future.

MX may use, modify, display, distribute and create new materials using the Account Information, Account Data and/or your Communications to provide the Services to you. By submitting Account Information, Account Data and Communications, you agree that MX may use your Account Information, Account Data and Communications for the purposes set out herein, without any particular time limit and without the payment of any fees.

Anonymous, aggregate information that does not contain personally identifiable information, comprising financial account balances, other financial account data, or other available data that is collected through users' use of the Services, may be used or licensed by MX for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking helping to improve products and services and to assist in troubleshooting and technical support.

To the extent that a user requests customer service or other assistance from MX, you agree that MX is authorized to access and view your account information to provide such assistance and support.

Provider Services:

In connection with your use of the Services and as part of the functionality of the Services as may be applicable, you may have access to certain online services or information that may be made available by your bank and/or other third party provider(s) ("Provider Services"), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from third party provider(s). The Services may be designed to allow access to Provider Services (if and to the extent provided by users' provider(s)) to set up banking and other information, schedule the Services to access user account(s), download transactions into the Services and otherwise aggregate information from user account(s) with third party provider(s). MX has no control over the provision of Provider Services or provision of access to the Provider Services by users' provider(s). MX does not guarantee the Provider Services. You agree that you may be able to use the Services in conjunction with the Provider Services, and that MX disclaims any and all liability whatsoever for any actions or inactions on the part of your provider(s) resulting in any inability to use the Services to access accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

You acknowledge and agree when you access data and information through the Services, third party provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your user account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits as may be applicable (collectively, "Provider Account Data"), may be collected and stored in the Services. You expressly authorize MX and our third party providers, in conjunction with the operation and hosting of the Services, to use certain Provider Account Data to (i) collect Provider Account Data, (ii)

reformat and manipulate such Provider Account Data, (iii) create and provide hypertext links to provider(s), (iv) access the providers' websites using Provider Account Data, (v) update and maintain account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above. In accessing and using the Services you represent that you are the legal owner of the Provider Account Data and that you have the authority to appoint, and do expressly appoint, MX or our third party providers as your agent with limited power of attorney to access and retrieve Provider Account Data on your behalf. You further acknowledge that MX does not (nor do our third party providers), review Provider Account Data and you agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider's website are not made through the Services and MX assumes no responsibility for such transactions or activities. You acknowledge that you are solely responsible for any charges associated with provider(s). YOU ACKNOWLEDGE AND AGREE THAT WHEN MX OR ITS THIRD PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM USERS' PROVIDERS, MX AND ITS THIRD PARTY PROVIDERS ARE ACTING AS USERS' AGENT, AND NOT THE AGENT OR ON BEHALF OF PROVIDERS.

You further acknowledge and agree that (i) some providers may not allow the Services to access the Provider Services, (ii) providers may make changes to their websites, with or without notice to MX, that may prevent or delay aggregation of information from such websites, and (iii) the Services may "refresh" the Provider Account Data by collecting the Provider Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to user in the Services. In the event that you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you agree to check the last refresh date for the account and confirm with that applicable provider that the Provider Account Data is correct or otherwise confirm that Provider Account Data is up to date and accurate.

Limitations:

Your right to use the Services is personal to you and is not transferable by you to any other person or entity. You may not, without our express prior written consent: (a) copy, reproduce, distribute or create derivative works of any portion of the Services; (b) reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code utilized in the Services or any third-party applications incorporated into the Services, including Java applets associated with the Services; (c) sell, rent, sublicense, lease, lend or allow time-share access or use to third parties of any portion of the Services; (d) distribute or provide copies of any portion of the Services to third parties; (e) resell the use of the Services; (f) use the Services to provide services to any third parties, including business process outsourcing, service bureau applications or training of third parties; or (g) use the Services as a platform for designing and creating a competing product or service, including one for only your internal use. In the event that we have reason to believe you, or any third parties on your behalf, have developed, or are in the process of developing, a software system similar to the Services or are otherwise in violation of these Terms, you agree to promptly provide us information to assist us with any applicable investigation, including allowing us to audit your use of the Services. In the event we determine you have developed a software system similar to the Services, you hereby grant us authority to secure injunctive relief from your continued development and/or sale of such competing product or services. All rights not expressly granted to you in this Agreement are reserved to MX.

You are solely responsible for your Account Data, including the accuracy, quality and reliability of all such content. You represent and warrant that: (i) none of your Account Data violates any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (collectively, "Intellectual Property Rights"), and (ii) you have obtained all consents and waivers required under all applicable local, state, national and international laws, rules, statutes, treaties and regulations (including those governing account collection, export control, consumer protection, data privacy, unfair competition, anti-discrimination and false advertising) (collectively, "Laws") for the

provision, manipulation, retention, use and sharing of personal data of individuals (including you) with respect to whom information is supplied by you as part of your use of the Services, and that you will retain all such consents and waivers and/or provide them to MX at any time upon request. Notwithstanding the foregoing, we reserve the right to take any action with respect to the Services that we deem necessary or appropriate in our sole discretion if we believe you or your use of the Services may create liability for MX. Your use of the Services is subject to all applicable Laws. In connection with your use of the Services, you agree to: (A) comply with all applicable Laws; (B) maintain the security of access to the Services; (C) not use the Services for illegal purposes; (D) not interfere or disrupt networks connected to the Services; (E) not attempt to gain unauthorized access to other computer systems; (F) not interfere with another user's use and enjoyment of the Services, including disrupting the normal flow of dialogue; (G) not use the Services to infringe any third party's Intellectual Property Rights; (H) not transmit through the Services, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (I) not bypass or disable any security mechanisms in the Services.

Posting Information:

MX allows, or may allow in the future, users to post content at the help desk and/or various publicly available locations. These forums may be hosted by us or by a third party. Wherever you can post information you agree:

A. You are responsible for all content you submit on the Services. B. By submitting content to the Services, you represent that you have all necessary rights and

hereby grant MX a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Services.

C. You may not post or transmit any message that is libelous, defamatory, violates any Law or which discloses private or personal matters concerning any third party.

D. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, gives rise to civil liability or violates any Law; or that is otherwise inappropriate.

E. You may not copy or use personal identifying information or business contact information about others without their permission.

F. You may not post or transmit any message, data, image or program that would violate the rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential information, and trademarks or service marks used in an infringing fashion.

Required Equipment:

You are responsible for obtaining and, as applicable, installing, configuring and updating a computer, operating system, web-browsing software, Internet service and connection and such other equipment, software and services as may be necessary for you to access the Services. MX makes no warranties that your equipment or third-party software is or will continue to be compatible with the use of the Services.

Disclaimer:

The Services provided by MX are designed to provide accurate and authoritative information in regard to the subject matter covered they are however not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that MX is not engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. MX specifically disclaim any liability,

loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site.

MX and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Further, MX and its third party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.

Proprietary Rights:

You are permitted to use content delivered to you through the Services only in connection with the Services. You acknowledge and agree that MX and/or its licensors or suppliers own all rights to the Site and the Services, the content displayed on the Site and the Services including its "look and feel" (e.g., text, graphics, images, logos and button icons), photos, editorial content, notices, and other Intellectual Property Rights, made available to you as a part of or in conjunction with the Services. You are only permitted to use any of the foregoing as expressly authorized by these Terms. MX, and all other names, logos, icons and marks identifying MX's products and services are MX's trademarks and may not be used without our prior written consent. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on any portion of the Services.

User Risks:

MX acts solely as an operator of the Services for your convenience and use of the Services, and any reliance by you upon any content or information available to you through the Services (the "Materials"), including any action taken by you because of such use or reliance, is at your sole risk. Neither MX nor any of its affiliates, third-party providers, partners, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to the following, without limitation:

A. Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from the Services;

B. The timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of the Services or any Materials;

C. Any inaccuracy, omission, error or delay in the Services or any Materials; D. Non-performance of or interruption to the Services or any Materials due to, without limitation: (i)

any act or omission by any disseminating party, (ii) any force majeure or any other cause beyond the control of any disseminating party, or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including any defects or failures with respect to your software, computer systems or Internet access provider;

E. The quality of the Services or any Materials (including the results to be obtained from use of them); or

F. Any loss resulting from, including any unauthorized access by a third party, arising out of or related to your access and/or use of or interaction with the Services or the Materials.

Modifications:

MX reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to you. Such modifications may include establishing or changing limits concerning use of the Services, temporarily or permanently, including (i) any features, licensing terms, or other characteristics of any version of the Services that it releases, (ii) the amount of storage space you have on the Services at any time, and (iii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Account Information or to comply with any Laws. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the

Services will constitute your acceptance of and agreement with such changes. User access and use of the Services may be interrupted from time to time, including due to the malfunction of equipment, periodic updating, maintenance or repair of the Site and/or the Services or other actions that MX, in its sole discretion, may elect to take. Maintenance upon the Services may be performed from time to time resulting in interrupted service, delays or errors in the Services. MX shall not be liable to you or any third party should we exercise our right to modify or discontinue the Services.

Cancellation:

You may cancel your MX registration at any time by sending a request for cancellation to MX support at tech. tech.support@mx.com. Upon confirmation of your request, your MX account will be cancelled and no longer be accessible from our primary production servers, and your access to the Services will be terminated. Some of your information may remain stored within the Services after account deletion for recordkeeping purposes.

MX may at any time terminate your access to the Services for any reason, including:

A. you have breached any provision of these Terms (including the MX Privacy Notice, or have acted in a manner which shows you do not intend to, or are unable to, comply with the provisions of these Terms and/or the MX Privacy Notice);

B. MX is required to do so by Law (for example, where the provision of the Services to you is, or becomes, unlawful);

C. a partner with whom MX offered the Services to you has terminated its relationship with MX or ceased to offer the Services to you;

D. MX is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services;

E. You have not logged into your account and/or the Services for thirty or more continuous days; or F. the provision of the Services brought to you by MX is, in MX's sole opinion, no longer

commercially viable.

Export Restrictions:

The Services and underlying information, software and technology are subject to U.S. export controls. None of the Services or underlying information, software or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By using the Services, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.

Use by the U.S. Government:

The Services provided under these Terms are a commercial item, as defined in FAR 2.101; specifically, one or more commercial computer software programs developed exclusively at private expense, used for nongovernmental purposes, and licensed to the public. Any use by the U.S. Government of the Services shall be in accordance with this Agreement, as stated in FAR 12.212. If the U.S. government is deemed to have use rights under FAR 52.227 or DFARS 227, all use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR 52.227-19, and all use, duplication and disclosure by Department of Defense agencies is subject solely to the terms of this Agreement, as stated in DFARS 227.7202. The manufacturer of the Services is MX Technologies, Inc., whose corporate

headquarters is located at 3401 North Thanksgiving Way, Suite 500, Lehi, Utah 84043 and whose telephone is (801) 669-5500.

Feedback:

You have no obligation to give MX any suggestions, enhancement requests, recommendations, comments or other feedback ("Feedback") relating to the Services. To the extent we receives any Feedback from you, we may use and include any Feedback that you choose to voluntarily provide to improve the Services or any other related technologies. Accordingly, if you provide Feedback, you agree that such Feedback will become MX's proprietary information and MX and its affiliates, third-party providers, partners, employees, distributors, agents and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Services or other related technologies.

Communication:

We will communicate with you by email, text or by posting notices on the Site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Electronic alerts will be sent via text, email or notification through the Services (in the case of email and text, to the email address or phone number you provided when registering for the Services). Your consent to receive communications electronically is valid until you revoke your consent notifying us of your decision to do so. If you revoke your consent to receive communications electronically, we may terminate your right to use the Services.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. While MX will use commercially reasonable efforts to provide timely and accurate alerts, we neither guarantee the delivery or accuracy of the content of any alert. You agree that MX shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you; or any third party reliance on an alert. Automatic alerts may be sent to you updating you to certain changes to your account. Voluntary alerts may be turned on by default. Voluntary alerts may then be customized, deactivated or reactivated by you.

If you request customer service or other assistance from MX, you acknowledge and agree that MX is authorized to access and view your Account Information to provide such assistance and support.

Endorsements:

All products and service marks contained on or associated with the Services that are not MX marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third-party sites or information do not constitute or imply MX's endorsement, sponsorship, guarantee or recommendation of the third party, information, products or services.

Disclaimers of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED "AS IS" AND "AS AVAILABLE"; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY THIRD-

PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING (i) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MX THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations on Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES.

THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU. MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. THIS LIMITATION OF DAMAGESIS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT

ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You agree, at your expense, to defend, indemnify, hold harmless, protect and fully compensate MX, its affiliates, and their respective officers, directors, employees, consultants, agents, distributors, partners, licensors and third-party providers from any and all claims, liability, damages, losses, expenses and costs (including attorneys' fees) caused by or arising from (a) a third-party claim, action or allegation of infringement based on your use of the Service or information, data, files or other content you submitted or uploaded; (b) any fraud, manipulation, or other violation of Law by you; (c) a breach of these Terms by you; (d) your acts or omissions; or (e) any third-party claim, action or allegation brought against MX arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services. For the avoidance of doubt, if you are a business entity, your obligations hereunder shall extend to indemnification based on the acts and omissions of your employees, consultants and agents.

No Waiver:

MX shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by MX. No delay or omission on the part of MX in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.

Exclusive Agreement:

You agree that these Terms are the complete and exclusive agreement between you and MX. These Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and MX relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and MX.

Miscellaneous:

You agree and acknowledge that if you breach these Terms, MX may have no adequate remedy at law and will suffer irreparable harm as a result of such a breach and will therefore be entitled to injunctive relief without the obligation of posting a bond.

The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by Law. All covenants, agreements, representations and disclaimers as to warranties and limitations on liability made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.

MX may modify these Terms, at any time and without notice to you, by delivering such amended terms to the email address you provide to MX at the time of registration or that you subsequently updated, or by posting updated Terms on the Site. You manifest your acceptance of such amended terms if you continue to use or access the Services after such amended terms have been delivered to you by email or posted. If you do not agree with such amended terms, your only remedy is to discontinue your use of and access to the Services pursuant to these Terms. Otherwise, these Terms may not be amended except in writing signed by MX and you.

For all purposes of these Terms, except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined herein include the plural as well as the singular and vice-versa; (ii) all headings are for convenience only and shall not affect the interpretation or construction of these Terms; and (iii) the words "including," "included" and "includes" mean inclusion without limitation.

Choice of Law and Forum for Disputes:

By visiting or using the Site and/or the Services, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms. To the extent that these Terms conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by Law. You agree that any claim or dispute of any sort that might arise between you and MX, its officers, directors, employees, agents or affiliates must be brought in Salt Lake County or Utah County, Utah, subject to applicable jurisdictional requirements in any such action or proceeding. You irrevocably waive any objection to such venue. You understand that, in return for your agreement to this provision, MX is able to offer the Services as these Terms designate and that your assent to this provision is an indispensable consideration to these Terms.

You also acknowledge and agree that, with respect to any dispute with MX, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or these Terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

Contact Information: MX Technologies, Inc. 3401 North Thanksgiving Way, Suite 500 Lehi, Utah 84043

Purchase Rewards Offers

If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.

Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.

While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

You understand and agree that we make no warranties and have no liability as to:

• Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Offers program.

• The rewards information that we provide to you, which is provided "as is" and "as available".

• (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.

Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.