Online Banking Agreement

This Agreement, which includes the Online Banking Enrollment Form, is a contract establishing the rules that cover your electronic access to your accounts at Western AgCredit (“WAC”) through WAC Online Banking (“SYSTEM”). By using SYSTEM, or permitting another to use the System on your behalf, you acknowledge receipt and accept all terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the agreements and disclosures for each of your WAC accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and WAC's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form, constitutes the entire agreement between you and WAC with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words “we,” “our,” “us” and “WAC” mean Western AgCredit. “You” and “your” refer to the account holder authorized by WAC to use SYSTEM under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through SYSTEM. “Account” or “accounts” means your accounts at WAC. “Electronic funds transfers” means transactions and transfers to and from your WAC accounts using SYSTEM including but not limited to ACH transactions. “SYSTEM Services” means the services provided pursuant to this Agreement, including internal and external transfers. “Business days” means Monday through Friday. Holidays are not included.

Internet Security Information - Our Online Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything done in the SYSTEM. Your browser automatically activates this technology when it attempts to connect to our SYSTEM and it will support either 40-bit or 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times, so no unauthorized party can easily read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.

During your use of the SYSTEM, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the system, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and must be reset by re-entering the password. A new cookie is used for each session, so that no one can use the cookie to access your account.

Registration Process - The service requires the customer to complete the initial registration process. This involves completing a secure online form. The information on the enrollment form will identify everything we need to enable the service. Once we verify the information you submitted for accuracy and authorizations, you will be notified by e-mail when your account will be activated.

Access - To use SYSTEM, you must have at least one loan account at WAC, have access to Internet service and an email address. Once we have received your signed Enrollment Form and verified your account information, we will e-mail you a temporary password. Initially, the SYSTEM can be used to access only the WAC accounts for which you are a signer. You can add or delete any of your WAC accounts from this Agreement by contacting the Accounting Department at WAC. Access to your accounts through SYSTEM will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the account holder.

SYSTEM Services - You can use SYSTEM to check the balance of your accounts; view account transactions; transfer funds between select accounts, and request funds to be deposited or withdrawn from external accounts.

Hours of Access - You can use SYSTEM seven days a week, twenty-four hours a day, although occasionally some or all SYSTEM Services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website.

Your Password - For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you may contact us to have your password reset and to obtain a new temporary password or use the “Forgot Password” feature. We recommend that you create a password that utilizes both upper- and lower-case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down.

Security - You understand the importance of your role in preventing misuse of your accounts through SYSTEM, and you agree to promptly examine the transaction summary for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your password and Login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security; SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. You are responsible for the security of any equipment you use to access SYSTEM. Utilizing publicly accessible equipment (i.e. Internet cafe, library, shopping mall, work computer, etc.) or equipment that is not equipped with the latest security software can jeopardize the security of SYSTEM transmissions. Notwithstanding our efforts to ensure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing SYSTEM, or email transmitted to and from us, will not be monitored or read by others.

Fees and Charges - You are responsible for telephone and Internet service fees incurred in connection with your use of SYSTEM from your telephone company and/or Internet Service Provider. WAC does not currently charge any fees for you to use SYSTEM Services, but reserves the right to do so at any time. In the event fees and/or other charges are imposed for your use of SYSTEM Services you agree to pay the fees and charges upon notice from us. You also agree that all such fees and charges may be deducted from your account or paid in advance to WAC. You agree to pay any additional reasonable charges for services you request not covered by this Agreement.

Posting of Transfers - Transfer requests made through SYSTEM are subject to review by WAC before application to your accounts in accordance with loan documents and credit policies of WAC. Transfers or ACH’s initiated through SYSTEM before 2:30 p.m. Mountain Standard Time on a business day will be processed for review by WAC that same business day. Transfers or ACH’s completed after 2:30 p.m. Mountain Standard Time on a business day, Saturday, Sunday or holiday will be posted on the next business day. SYSTEM identifies a transfer or ACH based upon the Login ID of the user who made the electronic transfer.

Order of Payments, Transfers and other Withdrawals - If your account has insufficient commitment available or funds to perform all electronic fund transfers you have requested for a given business day, then electronic fund transfer requests initiated through SYSTEM may, at our discretion, be cancelled or modified to avoid exceeding the loan commitment or available funds.

Limits on Amounts and Frequency of SYSTEM Transactions - The number of transfers from your accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable loan documents and disclosure for those accounts. If a hold has been placed upon funds for a future payment or other purposes from which you wish to transfer funds, the transfer may be cancelled or modified by WAC. You will be notified of any such modification.

Customer shall notify WAC immediately, in accordance with its established procedures, if Customer discovers any unauthorized electronic funds transfer, or has reason to believe that such a transfer has, or will be made, or if Customer desires to cancel or amend a previous transfer request or designation of an authorized representative. WAC will take reasonable efforts to honor such cancellation or amendment notification. Customer shall remain liable for any funds transfer request processed prior to such notice or prior to the time at which WAC is reasonably able to prevent such additional transfers. Customer agrees to promptly review all statements issued by WAC and to immediately notify WAC of all discrepancies appearing on such statements.

Disclosure of Account Information and Transfers - We will disclose information to third parties about your account or the transactions you make:

• where it is necessary for completing transfers, or
• in order to verify the existence and condition of your account for a third party, such as a credit bureau, or for a merchant in relation to transactions that you originate in the SYSTEM, or
• in order to comply with government agency or court orders, or
• if you give us your written permission.

Use of email - You agree that the SYSTEM can provide certain account information via email through the use of automated system notices and you authorize the release of such information via electronic means to the email address you have provided. You agree to notify us immediately of any change in your email address.

Periodic Statements - You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic paper statements for your accounts.

Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the SYSTEM website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Contact us as soon as possible if you think there is an error with your transactions, or if you need more information about a transfer listed in the SYSTEM and on your paper statement. We must hear from you no later than 30 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information; (3) Tell us the dollar amount of the suspected error. If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this and you are a Consumer, or the transaction involves a Consumer account, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it in the form of paper writing within 10 business days, we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.

Consumer Liability for Unauthorized Transfers - This provision is only applicable to consumers and transactions involving consumer accounts. CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your line of credit. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.

Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of WAC and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.

Virus Protection and Other Liability Limitations - WAC is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. You are solely responsible for the selection, installation, maintenance, and operation of your computer, wireless device and software. WAC expressly disclaims any and all liability as it relates to the improper use of your computer, wireless device and the transmission of data except as provided by statute. WAC is not responsible for any errors or failures due to any malfunction of your computer, wireless device or the software, or unsuitability of your computer, wireless device or software, any virus, or any problems that may be associated with the use of an online service.

Your Right to Terminate - You may cancel your SYSTEM service at any time by providing us with written notice by e-mail, postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate - You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your WAC accounts; SYSTEM Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) Upon reasonable notice, for any other reason in our sole discretion.

Communications between WAC and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email -You can contact us by email at onlinebanking@westernagcredit.com (please note that banking transactions through SYSTEM are not made via email); (2) Telephone - You can contact us by telephone at 1-800-824-9198; (3) Facsimile - You can contact us by fax at 801 571-1641; (4) Postal Mail - You can write to us at: Western AgCredit, PO Box 95850, South Jordan Utah 84095 and (5) In Person - You may visit us in person at any one of our locations.

Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the WAC Online Banking website or by email. You agree to notify us immediately of any change in your email address.