stored in or on Customer ' s operating systems . Bank is not responsible for any errors or failures resulting from defects in or malfunctions
<br /> of any
<br /> software installed on Customer ' s operating systems .
<br /> (b) Customer acknowledges and agrees that it is Customer' s responsibility to protect itself and to be vigilant against e-mail
<br /> fraud and other intemet frauds and schemes (including, without limitation , fraud commonly referred to as "phishing") . Customer
<br /> agrees to
<br /> educate Customers Authorized Users , agents , and employees as to the risks of such fraud and to train such persons to avoid such risks .
<br /> Customer
<br /> acknowledges that Bank will never contact Customer by e-mail in order to ask for or to verify Account numbers , Security
<br /> Devices , or any
<br /> sensitive or confidential information . In the event Customer receives an e-mail or other electronic communication that Customer believes , or
<br /> has
<br /> reason to believe, is fraudulent, Customer agrees that neither Customer nor its Authorized Users , agents , and employees shall respond
<br /> to the e-
<br /> mail , provide any information to the e-mail sender, click on any links in the e-mail , or otherwise comply with any instructions
<br /> in the e-mail .
<br /> Customer should forward any suspected fraudulent or suspicious e-mail to phi shin g(o),regions . com or as Bank otherwise may direct . Customer
<br /> agrees that Bank is not responsible for any losses , injuries , or harm incurred by Customer as a result of any electronic , e-mail , or internet
<br />fraud .
<br /> 6 . Data Recording. To the fullest extent permitted by applicable law, Customer agrees that Bank may (without any obligation) record
<br />,
<br /> retain , and/or monitor any information , data, or communications (including, without limitation , telephone conversations) furnished , exchanged , or
<br /> made in connection with this Master Agreement or any Services provided hereunder without further notice to any person . All such information
<br />,
<br /> data , and communications recorded , retained, or monitored by Bank shall be and remain the property of Bank . Bank may, in its sole
<br /> discretion ,
<br /> make such information , data or communications available to Customer upon Customer ' s written request therefor, and Customer agrees to
<br />pay
<br /> Bank for any expenses Bank incurs in making such information , data or communications available to Customer or to any
<br /> third party at
<br /> Customer' s request. Customer acknowledges that Customer is responsible for the maintenance and storage of Customer ' s own data and
<br />other
<br /> information created through Customer' s use of the Services .
<br /> 7 . Prohibited Transactions . Customer agrees to comply with all applicable laws and regulations in connection with Customer' s use
<br />of
<br /> the Services . Customer further agrees to be bound by operating rules and regulations imposed by any processing networks, funds
<br /> transfer
<br /> systems , or clearinghouses in which Bank participates and/or which process Service transactions . Customer agrees not to use or attempt
<br /> to use
<br /> any Service (a) to overdraw any Customer Account (unless and only to the extent that Customer has overdraft rights or privileges pursuant
<br />to an
<br /> express written agreement with Bank), (b) to exceed any credit limit on any credit Account, (c) to engage in any illegal purpose or
<br />activity or to
<br /> violate any applicable law, rule or regulation , (d) to breach any contract or agreement by which Customer is bound , or (e) to
<br /> engage in any
<br /> internet or online gambling transaction , whether or not gambling is legal in any applicable jurisdiction , or (f) to engage in any
<br /> transaction or
<br /> activity that is not specifically authorized and permitted by this Master Agreement or the applicable Service Schedule. Customer acknowledges
<br /> and agrees that Bank has no obligation to monitor Customer' s use of the Services for transactions and activity that is impermissible or
<br />prohibited
<br /> under the terms of this Master Agreement; provided , however, that Bank reserves the right to decline to execute any transaction or
<br /> activity that
<br /> Bank believes violates the terms of this Master Agreement.
<br /> 8 . Information Obtained Through Services . Any Account, transaction , or activity information that is provided to Customer through
<br /> a
<br /> Service will include a date and/or time as of when such information is current. Customer acknowledges that such information may not
<br /> reflect
<br /> transactions and activity in process and may, therefore, differ from Customer' s own records . The number of records available
<br /> through any
<br /> Service, and the period of time during which such records may be available, will be determined by Bank from time to time in its discretion .
<br /> Bank
<br /> makes no representation or warranty as to the completeness, accuracy, reliability, or currency of any third parry information or data that Customer
<br /> obtains through the use of any Services . Customer agrees to promptly and regularly review Account, transaction , and activity information that
<br /> is
<br /> made available through applicable Services and to notify Bank immediately of any errors or suspected unauthorized transactions
<br />or activity,
<br /> according to notification procedures prescribed by Bank. Customer agrees not to rely or act upon any data or information obtained
<br /> through the
<br /> Services that Customer knows , or has reason to know, is erroneous , incomplete, or not current.
<br /> 9 . Electronic Records and Signatures . Customer agrees and consents to enter into agreements and to accept Service terms , conditions,
<br /> and information electronically, and otherwise to transact Service business with Bank electronically, as Bank directs or requires . Customer
<br /> agrees
<br /> that Customer' s use of electronic sounds , symbols , or processes required by Bank to establish Customer' s acceptance of or agreement to
<br /> Service
<br /> terms , conditions, and/or disclosures constitutes Customer' s electronic signature and signifies Customer' s intent to be bound . To the
<br /> extent that
<br /> any Service provides for the use and delivery of electronic records, Customer consents to the receipt of electronic records of Service information
<br />,
<br /> documentation , and data in lieu of a hard or paper copy or version thereof. Customer agrees that Customer shall not alter
<br /> any electronic
<br /> information , data, or records furnished by Bank , and Customer agrees that Bank ' s record of any such information , data, or records
<br /> is the best
<br /> evidence of the information set forth therein . Bank reserves the right to furnish to Customer, and the right to require Customer to furnish
<br /> to Bank,
<br /> writings or paper copies of information , communications , data , or records relating to any Service , in lieu of and/or in addition
<br /> to electronic
<br /> records thereof, at any tirne in Bank' s discretion .
<br /> 10. Customer Information . Customer shall from time to time provide Bank with such financial and other information or documentation as
<br /> Bank may request for the purpose of determining Customer' s eligibility and/or qualifications for any Service, for the purpose of enabling Bank to
<br /> provide or deliver the Services, or for the purpose of enabling Bank to comply with applicable laws and regulations (including, without limitation,
<br /> such information as Bank may require relating to Authorized Users and such information or documentation as Bank may require with respect
<br /> to
<br /> Customer' s corporate or organizational authorizations and resolutions ). Customer agrees to provide any information promptly upon
<br /> Bank ' s
<br /> request therefor, in the form required by Bank. Customer authorizes Bank to investigate or reinvestigate at any time any information provided
<br /> by
<br /> Customer and to request reports on Customer' s financial condition and business affairs from third party reporting agencies from time
<br /> to time as
<br /> Bank deems desirable in its discretion . Customer further agrees to execute and deliver such additional documentation as Bank may from
<br /> time to
<br /> time require to confirm Customer ' s continuing eligibility for and agreement to the terms and conditions for the use of the Services
<br />. Customer
<br /> agrees that Bank may disclose Customer information to third parties as Bank deems necessary or convenient in order to discharge Bank ' s
<br /> duties
<br /> and responsibilities in the delivery of the Services and in the execution of Service transactions and activity, and/or as necessary
<br /> for Bank to
<br /> comply with applicable law or regulation . Customer further agrees to permit Bank physical access to Customer ' s facilities from
<br /> time to time
<br /> upon Bank ' s request for the purpose of verifying any information provided by Customer in connection with the Services and/or for the purpose
<br /> of
<br /> verifying Customer' s compliance with the terms and provisions of this Master Agreement or any applicable Service Schedule.
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