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     | Thursday, June 29, 2000 - 12:31 pm  I made this a separate topic because the x.com disclosures are so long. As I was just looking for my password to log on one last time to close my x.com account, I found this E-mail from x.com: Subject: X.com full account agreement and disclosure I have to admit that I never read that before. Well, I didn't read it now either, but I did notice the fees at the very end (those fees that I was looking online for but couldn't find.) And there is a lot about funds which I don't have. I guess the x.com motto is: The more crap you throw at customers, the less likely it is they'll read anything. And, I'm the perfect example, their strategy worked. I was unable to find out what they charged for wires, so I never funded that account. I have to say that CompuBank has a MUCH better fee disclosure, and most important, a lot FEWER and LOWER fees. Here are the x.com disclosures, sorry for the poor formating, I just copied from the E-mail TERMS AND CONDITIONS WITH RESPECT TO USE OF THE X.COM WEBSITE and RELATED DISCLOSURES as of December 8, 1999 PLEASE PRINT AND RETAIN FOR YOUR RECORDS I (we) certify that I (we) am (are) at least 18 years of age, and that I (we) have read, understand and agree to all terms and conditions described below or as set forth in the individual account agreements governing the products and services available through the website operated by X.com Corporation ("X.com"). I (we) have truthfully and fully completed all items on the application ("My Application Information"). I understand that I may apply for my own account regardless of my marital status. I (we) understand that, hereinafter, the use of the term "I" or "My" may refer jointly and severally to each applicant, if this is a joint application. I understand that through the X.com Website, I may be granted access to various financial products and services that are provided by various affiliates of X.com or independent service providers and that such products and services may be governed by separate terms and conditions or agreements with me that, if applicable, will be accessible through the web pages on which such products or services are offered. As of the date of these terms and conditions, the banking products and services are being provided by First Western National Bank (the "Bank") and mutual fund products and services are being provided by the X.com Funds. Additional products and services may be available through the X.com Website, and the providers of such products and services as well as the Bank and the X.com Funds are collectively referred to as the "Providers." I agree to properly maintain any accounts that I establish with any Provider, to comply with these terms and conditions, and to pay any fees associated with the use or maintenance of such accounts. I understand that each of the Providers are third-party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against me and that I shall pay reasonable expenses, including attorneys' fees, that a Provider may incur enforcing this agreement. Privacy: I have reviewed and understand the Privacy Policy of X.com and the Providers relating to goods and services obtained through, and by the operation of, the X.com Website, and agree to the terms of the Privacy Policy. Consumer Reports: I agree that consumer reports may be obtained in connection with this application, the sale of goods or services through the X.com Website, and the administration of accounts related thereto. Upon my request, I will be informed whether or not such a report was requested, and if so, the name and address of each agency which furnished this report. Electronic Communications: I agree that I may receive electronic communications regarding goods or services provided through the X.com Website, including important information required by various laws and regulations ("Communications") to the fullest extent permitted by applicable law. I agree to print a paper copy of any electronic Communication and retain it for my records. I understand that electronic Communications may be posted on the web pages within the X.com Website of the specific Providers for which the disclosures are relevant or may be delivered to the e-mail address I provided. Alternatively, paper Communications may be mailed to the post office mailing address that I provided. I understand that any Communication, whether electronic or paper, will be considered to be "in writing" and I agree that I will be considered to have received such Communication in that manner after five (5) business days of posting or dissemination, whether or not I have actually received or retrieved the Communication. I also agree to promptly notify X.com of any changes in my e-mail or postal mailing addresses. Bank Products: I understand that the deposit, loan, and debit card products offered through the X.com Website are provided by First Western National Bank, a member of the Federal Deposit Insurance Corporation, and that banking products will be governed by specific account agreements between the Bank and me. X.com Fund Products: I understand that the investment products for which I have applied for are offered directly by X.com Funds. Shares of the X.com Funds are not bank deposits, are not FDIC insured, are not guaranteed by the Bank or any other bank, and, like all investments, involve risk including possible loss of the principal amount invested. Shares of X.com Funds are offered by prospectus only. The Prospectus contains more complete information on management fees, charges, and other expenses and should be read carefully before investing or sending money. [Link to Prospectus] and [Statement of Additional Information] Shares of X.com Funds are offered only to persons in the United States. The X.com Website should not be considered a solicitation or offering of any investment products or services to investors residing outside the United States. I understand that before I can purchase, or otherwise acquire, any shares of X.com Funds, I must consent to electronic delivery of shareholder documents via e-mail or access to the web pages of X.com Funds. Shareholder documents include, but are not limited to, prospectuses (and supplements thereto), annual and semi-annual reports, trade confirmations, periodic statements, and proxy solicitations. Shareholder documents will be made available primarily on the X.com Funds web pages, but may be included as attachments to e-mail communications. X.com Funds will notify me via e-mail when shareholder documents have been updated or added to the X.com Funds web page. I will be able to view shareholder documents by using the hyperlink provided in each e-mail notification, or by going to the Internet address specified in the e-mail notification. By purchasing or otherwise acquiring shares of X.com Funds, I certify that (i) I have access to the Internet and a current e-mail address and (ii) I have the sole responsibility for providing a correct and operational e-mail address. I acknowledge that I may incur costs for on-line access to shareholder documents and maintaining an e-mail account. None of X.com Funds, the Bank, or any of their affiliates will be liable for any undelivered e-mail communications or any costs incurred by me for maintaining Internet access and an e-mail account. Although I will be able to view shareholder documents posted on the X.com Funds web pages on a continuing basis, I understand that X.com Funds recommends that I print or download shareholder documents in case the X.com Website becomes temporarily unavailable to me for any reason. In addition, I understand that X.com Funds also encourages me to visit the X.com Website and review the X.com Funds web pages periodically for up-to-date information. I acknowledge that X.com Funds will not be liable for losses resulting from a cause over which X.com Funds does not have direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (such as not being able to connect to my Internet service provider), unauthorized access, operator problems, or other similar problems. X.com Funds reserves the right to send me paper documents. I acknowledge that certain shareholder documents and X.com Funds e-mail communications may contain personal financial information. Although X.com Funds strives to protect the confidentiality of the personal information of its customers when such information is delivered electronically, X.com Funds cannot guarantee this information will be secure. By consenting to accept electronic delivery of shareholder documents, I accept this risk and am responsible for the confidentiality and use of any User ID, sign-on password, or PIN number assigned to me. My consent is valid for as long as I own shares in any of the X.com Funds or until I revoke my consent. I understand that if I revoke my consent to receive shareholder information electronically, fail to maintain an e-mail account, or close my account with the Bank, the X.com Funds may, to the extent permitted by the federal securities laws, redeem my shares, and will, in any event, prohibit additional investments in the X.com Funds. I understand that I may revoke my consent by sending the X.com Funds a notice of my decision to revoke consent by e-mail at Help@x.com, or by first class U.S. mail to: X.com Funds, 394 University Avenue, Palo Alto, CA 94301, Attn: Customer Service. I accept sole liability for any investment loss and tax consequences resulting from an involuntary redemption. I hereby consent to the conditions outlined above concerning delivery of documents and redemption of shares and represent that I have and will maintain an operational e-mail address and Internet access. I agree that the use of my X.com Funds account constitutes acceptance and agreement with the terms set forth in this Agreement. Residency Requirement. I understand that, at this time, accounts at Providers may be opened only by residents of the United States with valid social security numbers and an address in the United States or its territories. I hereby certify that I am a resident of the United States and that I am using a valid social security number. Non -U.S. Residents. If I am not a resident of the United States, I may request that X.com contact me when accounts at Providers may be opened by non-United States Residents by sending an e-mail to Help@x.com. Tax Identification Certification: I certify under penalty of perjury that the Taxpayer Identification Number (typically a social security number) given in My Application is correct and I am not subject to backup withholding because: (a) I am exempt from backup withholding, (b) I have not been notified by the Internal Revenue Service ("IRS") that I am subject to backup withholding as a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. If I am subject to backup withholding or have questions regarding my withholding status, I agree to contact X.com's customer service at 888-447-8999. Disclaimers. I acknowledge and agree that, regardless of whether I use a web browser with security features, X.com or any of the Providers are unable to ensure that the data transmitted by me to X.com or the Providers or from X.com or the Providers to me will not be intercepted by third parties. I agree that I will not hold X.com, any of the Providers, their affiliates or agents liable for damages of any type should such interception occur. I understand that X.com strongly suggests that I use a browser with 128-bit encryption. By using the X.com Website and the web pages operated by X.com and the Providers, I acknowledge and agree that to the extent permitted by applicable law, that X.com and each of the Providers specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connection with my access to the X.com Website or the sites of the Providers (even if we have knowledge of the possibility of damages) including liability associated with viruses that may infect my computer. Accuracy of Information. I understand that information will be provided to X.com from various sources and that X.com does not guarantee or warrant the accuracy of any information provided to it or through its Website. I agree that access and use of the information provided on the X.com Website and the sites operated by the Providers is at my own risk. Access to X.com Website. I understand that X.com and/or the Providers will act upon instructions received by me after I have entered my user name and Password. I authorize X.com and/or the Providers to rely on any information or instructions provided by me after I have entered my user name and password. I AGREE THAT I WILL NOT DISCLOSE MY PASSWORD TO ANY PERSON OTHER THAN PERSONS I INTEND TO HAVE FULL ACCESS TO MY ACCOUNTS WITH EACH PROVIDER AND FULL AUTHORITY TO ENGAGE IN TRANSACTIONS IN CONNECTION WITH MY ACCOUNTS AND THAT SUCH TRANSACTIONS WILL BE CONSIDERED TO BE AUTHORIZED BY ME. Moreover, if this is a joint account, I understand and agree that X.com and/or Providers will act upon instructions received by either account holder, provided that the user name and password of one of the account holders is provided. I agree that I will notify X.com immediately if my user name or password is compromised or lost, by contacting: Help@x.com or by contacting X.com at 888-447-8999. I also agree to hold harmless X.com and/or any Provider for any and all liability and agree not to make any claim against X.com and/or any Provider or bring any action against X.com and/or any Provider for honoring or allowing any actions or transactions using my user name and password. The limitations of liability set forth in these terms and conditions, are subject to, and limited by, any state or federal law to the contrary. I agree that I will not use the X.com Website or cause the X.com Website to be used to engage in any illegal or fraudulent activities and I agree and understand that if X.com or any Provider suspects that I am engaging in or have engaged in a fraudulent or illegal activity, my access to the X.com Website may be suspended or terminated. I agree to cooperate fully with X.com and/or each of the Providers to investigate any suspected fraudulent or illegal activity, and I agree to hold harmless X.com and/or each Provider with respect to any fraudulent conduct involving me, including the payment of all reasonable expenses, including attorneys' fees. Governing Law. I agree that these terms and conditions are effective upon acceptance by X.com in the state of California, and that the use of the X.com Website is governed by California law. Furthermore, I understand that the legality, enforceability, and interpretation of these terms and conditions will be governed and construed in accordance with California law. I understand that the products and services offered Providers will be governed by the terms and conditions of the account agreements with each Provider. Modifications. I understand that the X.com Website, the web pages of the Providers, and these terms and conditions may be modified at any time, and that with respect to these terms and conditions, I will be provided with notice of such changes. Furthermore, I understand that the account agreement between me and each of the Providers may be modified at any time, subject to the terms and conditions of such account agreements. Agreement with Terms and Conditions. Please confirm if you agree or disagree to the terms and conditions of your relationship with X.com by checking the appropriate box below. I also understand that my use of the X.com Website or the sites of any Provider constitutes my acceptance and agreement to be bound by all the terms and conditions of these terms and conditions and the specific agreements provided by each Provider with respect to their products and services. Special Note to Joint Account Applicants: Acceptance of these terms and conditions by one account holder will be deemed to be acceptance by the other joint-account holder. Moreover, insofar that banking products require the execution and return to the Bank of a signature card by each joint account holder, execution of such card grants your consent to X.com and each of the Providers to rely on such signature as the approval of the joint-account holders of the terms and conditions of any agreements authorized electronically through the X.com Website. FIRST WESTERN NATIONAL BANK DEPOSIT AND OVERDRAFT AGREEMENT AND DISCLOSURES (as of December 8, 1999) PLEASE PRINT A COPY OF THIS DOCUMENT FOR YOUR RECORDS. As used in this document (including the Regulatory Disclosures attached at Part 3), the words "you," "your," "Depositor" and "Borrower" refer to the account owner and to each joint owner identified on the signature card or other account documents, and each of their legal representatives. The words "we," "our," "us," "Lender," "FWNB" or "the Bank" refer to First Western National Bank, La Jara, Colorado. Part 1: DEPOSIT AGREEMENT. This Deposit and Overdraft Agreement (the "Agreement" or "Deposit Agreement") contains the terms and conditions governing each of your deposit accounts with the Bank that are opened through the X.com Website (your "Deposit Accounts"). By clicking "I agree" below or otherwise using your Deposit Accounts, you acknowledge that you have received, reviewed, understand and agree to the terms of this Agreement. You also must sign and return the signature card for your Deposit Accounts, which will further confirm that you have received, reviewed, understand and agreed to the terms and conditions of this Agreement. ELECTRONIC COMMUNICATIONS: We seek to use electronic communications with our customers to the maximum extent possible, in accordance with applicable laws and regulations. You agree that we may utilize electronic means to communicate with you concerning any aspect of your Deposit Accounts, Overdraft Accounts or any other products or services we offer or provide, unless otherwise prohibited by applicable law or regulation. Such electronic communications may include, among other things, important disclosures required by applicable law or regulation, this Agreement and amendments to it, and your statements of account. Electronic communication may be made, for example, through an e-mail to the e-mail address you have furnished us through X.com, or by posting the information to an Internet site and sending an electronic notice to your e-mail address that the information is available with directions on how to retrieve it. You agree to promptly notify the Bank at Customer Service, 394 University Avenue, Palo Alto, California 94301 of any change to your email address. Any electronic communication by us shall be considered a "written" communication for all purposes under this Agreement and applicable law and regulations, and shall be considered received within five (5) business days of when we send such communication to you or send you notice that such disclosure is available for review. If you want certain communications, such as your monthly statements, to also be sent to you through the U.S. mail, please contact help@x.com. You understand, however, that if you withhold general authorization to receive electronic communications, the Bank and X.com may not be able to provide their products and services to you as envisioned by the X.com Website. ACCOUNT APPLICATION: When you apply to us to open a Deposit Account, you represent and warrant to us that all the information you furnish to us from time to time, directly or through X.com, is true and correct, is not misleading, and that you have the authority to submit the application on behalf of any person who will be a joint owner or joint user. You acknowledge and agree that the account is being opened for use as a personal account and not as an account for any business entity. We have the right to verify that information and to close any Deposit Account without prior notice to you if any information you provide appears incorrect, cannot be verified, or if negative information appears in a credit report we obtain on you. You authorize us to request and obtain at various times a credit report about you from a credit reporting agency for the purpose of considering your application for the Deposit Account, to review or collect any sum you owe us in connection with any Deposit Account opened for you, or for any other legitimate business purpose, as authorized by law or regulation. OWNERSHIP OF ACCOUNTS: The following provisions explain the types of ownership that the Bank offers for its personal deposit accounts, and your responsibility associated with opening a Deposit Account: Individual Account. A Deposit Account is an individual account if only one person has completed and signed the Signature Card. Multiple Party Account. A Deposit Account is a multiple party account (e.g., joint account) if more than one person is named in and has signed the Signature Card. Each person who signs the Signature Card is considered an owner of the account. Unless otherwise arranged with us and acknowledged by us in writing, you agree that the Deposit Accounts that you establish with us will not have rights of survivorship, payable on death instructions, or agency (power of attorney) designations. Forms to establish accounts with these features are available upon request from us. If you desire accounts with separate designations, you must open each account separately. For example, if you have an individual checking account, but want a multiple party time deposit, you must open two separate accounts through the X.com Website. Your Responsibility. Each of you (in other words, each account owner) agrees to be jointly and severally liable for all obligations arising out of the ownership and maintenance of each Deposit Account, including the amount of any returned deposited check, draft or other instrument (each, an "Item") for which you were given credit, any account deficit resulting from service charges or overdrafts, our losses arising from the breach of any representation or warranty you make to us in this Agreement or under applicable law, and the costs we incur to enforce our rights under this Agreement or collect any sum you owe us under this Agreement, including, to the extent permitted by law, our reasonable attorney's fees. You agree to protect us (and repay our costs and expenses, including reasonable attorney's fees) from any claims that you did not have the power or authority to open a Deposit Account in the name or names you specify, to conduct any transaction with respect to any Deposit Account, or to act for any other person or entity in conducting transactions with respect to any Deposit Account. You are required to notify us promptly in writing if any account owner or other person authorized to sign on an account dies or is declared incompetent by a court. DEPOSITS: The following provisions apply to deposits made to your Deposit Accounts: Accepting Deposits. You authorize us to accept Items for deposit to your Deposit Account if they are made payable to, or to the order of, any one or more of you. You also authorize us to accept wire transfers and other forms of credit (such as direct deposits or other automated clearinghouse entries) received for your benefit for deposit to your Deposit Account. Endorsements. You authorize us to supply any missing endorsements, if Items are made payable to you or your order and you have not endorsed them. You warrant that all endorsements are genuine. You agree to comply with federal regulations regarding endorsement standards, and agree to protect us from liability for any violation of those regulations with respect to any Item deposited to your account. Each of you authorizes each other account owner to endorse any Item payable to you or your order and deposit to any Deposit Account, and to conduct any other business with us with respect to the Deposit Account. Our Responsibility and Right of Chargeback. In receiving any deposit, we act only as your collecting agent and assume no responsibility beyond the exercise of ordinary care. All deposits are posted to your Deposit Account conditionally in U.S. dollars, subject to our receipt of final payment by the payor bank. If final payment is not received or if any Item or electronic fund transfer you have deposited or cashed is charged back to us for any reason, you agree to pay us the amount of the charge back, and you authorize us to debit any of your Deposit Accounts, without prior notice and at any time for the amount of the returned Item or other deposit, our returned item fee, any interest paid on your deposit, and any other fee we pay or incur. If we accept a direct deposit or other automated clearing house credit or electronic fund transfer to your Deposit Account and any amount deposited must be returned to the payor for any reason, you authorize us to deduct the amount from any Deposit Account as provided above. We are not responsible for any transactions (including any transactions sent through the mail or for deposits made at an outside depository) until we actually receive and record them. We are not liable for default or negligence of our duly selected correspondents, nor for losses in transit. Direct Deposits. If we deposit any amount in your Deposit Account which should have been returned to a state or federal government for any reason, you authorize us to deduct the amount of our liability to the state or federal government from that Deposit Account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. Time Deposits (Certificates of Deposit): Our Certificates of Deposits are time deposit issued in book-entry form without the issuance of a formal certificate. Most of the terms and conditions of this Deposit Agreement also apply to time deposit accounts at the Bank that are opened through the X.com Website, other than where the context requires otherwise (e.g., provisions relating to check or electronic funds transfers, stop payment orders, periodic statements, check safekeeping, etc.). Once a time deposit account is established, prior to the maturity of the account, additional funds may not be added to such account (other than accrued interest). We will send you an e-mail notification prior to the maturity of your time deposit account. If you have elected to automatically renew your time deposit, upon maturity, you will have a grace period in which to change the term or the balance of your account. The grace period begins on the day that the time deposit account matures and is for ten (10) calendar days. If you elected to automatically renew your time deposit and do not make a balance or term change during the grace period, your time deposit automatically renews for the same term and earns interest at the rate in effect on the maturity date. Interest on Time Deposits is calculated and compounded daily, using a 365-day year (or 366-day year in leap years). Accrued interest is posted to your Time Deposit Account on the last day of each calendar month during the term of your time deposit and on the date of maturity. Such interest may not be withdrawn prior to the maturity of your Time Deposit. Withdrawals from a time deposit account prior to maturity may be restricted or prohibited and, if consented to by us, may be subject to a substantial penalty. Time Deposits with an original maturity of 90 days or more will forfeit an amount equal to 30 days' simple interest at the rate being paid on the time deposit at the time of the withdrawal on the full amount of the deposit. An early withdrawal penalty may reduce the principal deposit to satisfy penalty requirements. There is no penalty if early withdrawal is made due to the death of a depositor or if the depositor has been declared legally incompetent. WITHDRAWALS: The following provisions apply to withdrawals from your Deposit Accounts: Authority of Any Depositor. Unless otherwise agreed and acknowledged by us in writing, any one of you who signs the Signature Card may withdraw or transfer all or any part of your Deposit Account balance at any time and may otherwise transact any business with respect to the Account. We may require that transactions be on forms approved by us. Overdrafts. If any Item or other debit presented to us will overdraw the available account balance, including any balance in an overdraft line of credit account you have established, we will charge you a service charge, whether we pay the Item or dishonor it. You agree immediately upon notice from us, to deposit funds sufficient to cover the overdraft plus applicable charges. In connection with overdrafts, our determination of any Deposit Account balance may be made at any time between presentment and our midnight deadline, and need only be made one time. If we honor withdrawal requests or Items which overdraw the available Deposit Account balance (whether once or repeatedly) we do so in our discretion and we will not be obligated to honor any withdrawal requests or Items which would overdraw the Deposit Account balance thereafter. Check Forms and Special Conditions. We may refuse to accept any check other than checks provided by a printer recommended by us, or approved by us in advance. We reserve the right to disregard any information on the check other than the drawer's signature, the payee, the amount, and any magnetically- encoded information at the bottom of the check unless previously agreed to by us in writing. For example, we will not be liable for payment of any Item bearing on its face any conditional statement or restriction such as "Void after 90 days", "Void over $100", "Paid in Full", or "Two Signatures Required". We agree to adhere to extraneous legends only if you notify us of such legends and we have agreed in writing to honor such legends. If an Item is returned or payment is delayed as a result of any writing or marking that you or a prior endorser placed on the front or back of the Item, you will be responsible for any cost and liabilities associated with such return or delay. We reserve the right to refuse any Item for deposit or to reverse credit for any deposited Items or to charge your Deposit Account for Items should they become lost in the collection process. Postdated Items; Stale Items. We agree to honor a postdated Item only if we receive reasonable advance written notice from you. The notice must specify the payee, date, amount, and number of the check. Notices regarding postdated Items are effective for the time periods stated for Stop Payment Orders. You agree that we may return a postdated Item to the presenter without liability for wrongful dishonor. We may pay or dishonor a check more than six (6) months old without prior notice to you. Transaction Limits Applicable Deposit Accounts. Federal regulations require us to retain the right to require you to give at least seven (7) days notice in writing prior to any intended withdrawal or payments from a negotiable order of withdrawal ("NOW") account. Although we usually pay withdrawals or checks without prior notice on these accounts, doing so does not mean that we give up that right. Our "Checking" accounts that pay interest are NOW accounts subject to these limitations. Other Reasons for Not Permitting Withdrawals. We also may refuse to allow a withdrawal without liability to you if there is a dispute about the Deposit Account (unless a court has ordered us to allow the withdrawal), the Deposit Account is garnished or attached, the Deposit Account has been pledged as collateral for a debt, the availability of the funds on deposit cannot be verified, any required documentation has not been presented, or you fail to repay an obligation to us on time. Facsimile Signatures. If you use any form of facsimile signature in connection with the Deposit Account, you agree to deliver a sample to us before you begin using it, and to execute and deliver authorizing resolutions or agreements in a form we require. When you use a facsimile signature or other form of automated signature device in connection with the Deposit Account, you agree you shall have the sole responsibility for maintaining security of the facsimile signature or device by which it is affixed, and you shall bear the entire risk for unauthorized use thereof, whether or not you are negligent, except as may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile signature shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure (including reasonable attorneys' fees) we or you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile signature or the device by which it is affixed. Telemarketing or Other Unsigned Drafts. If you voluntarily give information about your Deposit Account (such as our routing number and your account number) to a person who is seeking to sell you goods or services or collect a debt, we may consider any debit to your Deposit Account initiated by the person to whom you gave the information as authorized by you, even if you did not physically deliver a check to the person or personally sign the instrument, unless you notify us to the contrary in accordance with the section of this Agreement on Stop Payment Orders. Bank's Duty of Care. You authorize us to store and use Signature Card information in any reasonable form we deem necessary, including any digitized signature capture process. In accordance with reasonable banking standards, most checks and other Items are processed through automated processing and, except in limited circumstances and subject to such reasonable sampling procedures as we establish in our discretion, most Items are not individually examined. You agree that we act within reasonable banking standards by processing most checks and other Items through automated processing systems. SERVICE CHARGES: You agree to pay the charges as shown on the Schedule of Fees and Charges. As these charges are incurred or, at our option, when we send you a monthly e- mail notification that you should review your statement ("Periodic Notice"), we will deduct the charges directly from the Deposit Account balance. We will not be liable for dishonor of your checks or other Items resulting from our deduction of any charges as authorized by this Agreement and, to the extent permitted by law, collection costs and reasonable attorneys fees if you do not pay any amount you owe us when due. POWERS OF ATTORNEY: The person executing a power of attorney over a Deposit Account is the principal and the person acting for the principal is the agent. We may refuse to comply with a power of attorney for reasonable cause, or until we receive an affidavit from the agent stating that the power of attorney presented to us is a true copy and that, to the best of the agent's knowledge, the principal continues to be alive, competent and that the relevant powers of the agent have not been altered or terminated. The agent is responsible to us if any information in an affidavit furnished to us is untrue or materially misleading or if the agent exceeds the authority granted by the principal in the power of attorney. The attorney in fact is required to notify us in writing if the principal or any other account owner dies or is declared incompetent by a court. STOP PAYMENT ORDERS: Subject to the limitations stated herein, and in any rules adopted by us from time to time, you can order us to stop payment on a check or other Item drawn on your Deposit Account. Requirements for Stop Payment Orders. To place a Stop Payment Order, you can use the X.com Website to send us an instruction, send us an e-mail to help@x.com, or by writing to the Bank at Customer Service, 394 University Avenue, Palo Alto, CA 94301, of the exact amount of the check or other Item, the number of the check, the Deposit Account number, and the name of the payee. We can not be responsible for the consequences of paying an Item if it is not described with reasonable certainty, or if we are not given a reasonable time to arrange to stop the payment. Our acceptance of a Stop Payment Order will not constitute a representation that the Item has not already been paid or that we have a reasonable opportunity to act upon the order. Effectiveness of Stop Payment Orders. Oral stop payment requests are effective for fourteen (14) days unless confirmed by written order, but we will consider an e-mail that includes the necessary information as a written order. Written stop payment orders are effective for six (6) months and must be renewed to continue to be effective after that time. There is a charge for each stop payment request and for each renewal. No Stop Payment Order is allowed on cashiers checks, teller's checks, or certified checks, except as required by law. Your Liability. You agree to hold us harmless from all liability, expense, and cost we incur because we refuse to pay an Item subject to your stop payment request, except for our failure to exercise ordinary care. If we re-credit your Deposit Account after paying an Item over a valid and timely Stop Payment Order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holder of the Item, and to assist us in legal action we may take against that person. STATEMENTS: Availability. Monthly, you will receive an e-mail notification reminding you to check your transactions as if they were a traditional periodic statement, unless you otherwise notify us that you desire to receive paper statements through the U.S. mail. Transactions for checking accounts typically will be accessible to you through the X.com Website from the date you establish your Account. You should review your statement regularly to protect your rights described in the Electronic Funds Transfer Services Agreement and Disclosure. Check Safekeeping. Unless you specifically arrange for copies of your statements to be sent to you through the U.S. mail, and pay any applicable fee, copies of your checks and other Items paid from your Deposit Account will be held by us instead of returned to you. The Items will be deemed to be made available to you when you receive your Periodic Notice. We will keep the original Items for a period of three months after transmitting your Periodic Notice, after which we will keep microfilm copies for seven (7) years. We will provide copies of Items upon written request. We may charge a fee for providing such copies in excess of two per month. You continue to be responsible for notifying us promptly in writing of any dispute or difference of account for any reason, including unauthorized signature, lack of signature, alteration, or other irregularity within the time periods described below. If you have arranged for statements be sent to you through the U.S. mail, we will use the address shown on our records unless you otherwise instruct us in writing. Your Responsibility to Examine Transactions. You must examine your transactions carefully after you receive your monthly e-mail notification from us and reconcile your account promptly. Notify us promptly of any error or unauthorized signature or alteration. If you do not notify us of an unauthorized signature or alteration promptly, you cannot assert the unauthorized signature or alteration against us if we suffer a loss by reason of your failure to do so. You must notify us of an unauthorized signature, missing signature, alteration or other irregularity within a reasonable time (not to exceed 60 calendar days) after your statement is made available to you. If you do not notify us within that time period, then you cannot recover any amount from us with respect to such Item. In addition, we may be relieved of any liability under law for multiple unauthorized signatures or alterations by the same wrongdoer if you do not notify us in writing within fourteen (14) days after your statement containing the first such irregularity was made available to you. You agree that we have the right (without prior notice and when permitted by law) to set-off the funds in each Deposit Account against any amount due and payable to us by any of you, either individually or jointly. We may set off any debt owed to us by any one or more of you without regard to the ownership or source of the funds in any Deposit Account. This right of set-off does not apply to this Deposit Account to the extent restricted or prohibited by law or contract. You agree to hold us harmless from any claim arising from exercise of our right of set off. DORMANT ACCOUNTS: We may, after a reasonable period of inactivity (which will not be less than 2 years) consider your account to be dormant. Dormant accounts (if interest bearing) will continue to earn interest, and will be subject to such maintenance and service charges as may be shown on the Schedule of Fees and Charges. We will provide dormant accounts with e-mail notification to review their account. We may define dormancy differently than as defined by applicable state law. In accordance with state law, funds in abandoned accounts will be remitted to the custody of the applicable state agency, and we will have no further liability to you for such funds. ASSIGNABILITY: No Deposit Account may be transferred or assigned without our written consent. We must approve a pledge of any Deposit Account, and unless otherwise agreed in writing by us, any such pledge remains subject to and is subordinate to all rights we have under the Agreement and applicable state and federal law in the Account, including the right of set off. If you propose to transfer ownership in or pledge a Deposit Account to another person, we may require the Deposit Account be closed and that a new account be opened in the name of the transferee or pledgee. LIMITS ON OUR LIABILITY: You agree that if we do not properly complete a transaction according to the Agreement, we will not be liable in any event for losses or damages in excess of the amount of the transaction, unless otherwise required by law. We will not be responsible to you for any loss caused by an event which is beyond our control, including but not limited to natural disasters, wars, riots, strikes, computer failure, or the loss of power, communications or transportation facilities, or if funds in your Account are or may be subject to legal process or other claim. In no event will we be liable for incidental, consequential, special, exemplary or punitive damages, unless specifically required by applicable law or regulation. SYSTEMS AND SOFTWARE: We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems or software used by you to interface with our systems or as a result of the failure of systems and software utilized by you to initiate or process financial transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process financial transactions and the ability of such systems and software to do so accurately. RECORDING: You agree that we may tape record any telephone conversations you have with us regarding your accounts. However, we are not under any obligation to do so, and may choose not to do so in our sole discretion. NOTICES: It is your responsibility to notify us promptly of any change in your e-mail or post office mailing address, or your name. We are required to attempt to communicate with you only at the most recent e-mail or street address provided to us. Notice from us to any one of you is deemed to be notice to all of you. ACCOUNT CLOSING: Your Right to Close Account. You agree to notify us of your intention to close your Deposit Account, and we reserve the right to request that your notice be in writing. After a Deposit Account is closed, we have no obligation to accept deposits or pay any outstanding checks, but we may do so at our option. You agree to hold us harmless for refusing to honor any check drawn on a closed account. Our Right to Close Your Account. For security reasons, we may close your Deposit Account and require you to open a new account if there is a change in authorized signers, there has been a forgery or fraud reported or committed involving your Deposit Account, any Deposit Account checks are lost or stolen, you have too many transfers from a Deposit Account that has transaction limitations, or you have violated any other provision of an agreement you have with us. DISCLOSURES; AMENDMENTS: Your Deposit Accounts are subject to charges and minimum balance requirements and earn interest at such rate and compounding frequency as we disclose to you from time to time. We may change any such disclosed term or any other provision of this Agreement at any time upon such advance notice as we deem reasonable under the circumstances or as otherwise required by law, except that we will not change the interest rate or annual percentage yield on a time deposit prior to the next maturity date. Your continued use of the Deposit Account after the effective date of the change evidences your agreement to the amendment. GENERAL PROVISIONS: We are subject to certain federal and state laws and regulations and local clearing house rules governing the subject matter of the Agreement. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of the Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement. You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in this Agreement at the time any Deposit Account is opened or subsequent thereto, on a one-time basis or for any period or duration, without changing the terms of the Agreement or your obligations under this Agreement beyond the specific and limited terms of such waiver, and we are not obligated to provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. GOVERNING LAW: This Agreement and the related disclosures are accepted by the Bank in the State of Colorado, and all Deposit Accounts are considered opened, and all deposits are deemed received and checks and other items paid, by the Bank in Colorado. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Colorado, regardless of the State of your residence, and with the applicable laws and regulations of the United States. PART 2: OVERDRAFT AGREEMENT AND DISCLOSURE PLEASE PRINT A COPY OF ALL DISCLOSURES AND RETAIN FOR YOUR RECORDS. This agreement and disclosure statement ("Overdraft Agreement") governs your Overdraft Protection Account ("Overdraft Account") with Lender. Unless specifically defined herein, all definitions in the Deposit Agreement also apply in this Overdraft Agreement. The Overdraft Account is a line of credit relating to your checking account with us ("Transaction Account"). ADVANCES. Advances on the Overdraft Account ("Advances") will be made, subject to the terms and conditions of this Overdraft Agreement, by providing credits directly to your Transaction Account when withdrawals, transfers, checks, or other debit items presented exceed the then-available balance in the Transaction Account MINIMUM ADVANCE. Advances on the Overdraft Account will be made in the actual amount of the overdraft. PROMISE TO PAY. Borrower promises to pay to the order of Lender the amount of all Advances, plus Finance Charges and other fees as provided in the Overdraft Agreement and allowed by law. CREDIT LIMIT. The credit limit for the Overdraft Account ("Credit Limit") is set forth on your Overview Accounts page accessible through the X.com Website. Lender shall not be obligated to make an Advance if as a result the balance of the Overdraft Account would exceed the Credit Limit. Lender reserves the right to Increase or decrease the Credit Limit. Lender may allow Borrower to exceed the Credit Limit, without waiving the right to enforce the Credit Limit in the future. Borrower agrees to pay on demand any Overdraft Account balance that exceeds the Credit Limit. FINANCE CHARGES. FINANCE CHARGES are assessed on the Overdraft Account, from the time an advance is made until it is paid, by applying a daily periodic rate of 0.02736% (ANNUAL PERCENTAGE RATE 9.9%) to the daily balance of the Overdraft Account. We calculate the daily balance by starting with the balance of the account at the beginning of the day, adding any new Advances that day, and subtracting any payments or credits that day. Accrued but unpaid Finance Charges and late fees are excluded from the daily balance. The Finance Charge for a monthly billing cycle is the sum of the daily Finance Charges for each day in the billing cycle. MINIMUM PAYMENT. You may pay all or part of the outstanding balance of the Overdraft Account at any time without penalty. You agree to make at least the minimum payment on the Overdraft Account ("Minimum Payment") each month by the payment due date shown on your periodic statement ("Due Date"). Payments should be made on-line from your checking account. The Minimum Payment is the greater of $50 or 5% of the principal balance, but in no event more than the balance of the Overdraft Account. AUTOMATIC PAYMENT. You authorize us to deduct the Minimum Payment on the Overdraft Account from the Transaction Account on the Due Date. If you do not have sufficient funds in the Transaction Account to pay your Minimum Payment, you are still obligated to make the Minimum Payment by Due Date. LATE FEES If a Minimum Payment is more than 10 days late, you will be charged a late fee of $15. No more than one (1) late fee will be imposed on any single Minimum Payment or portion of a Minimum Payment that is late. INFORMATION ABOUT BORROWER. Borrower agrees to provide to Lender, upon request, financial and other information necessary to establish the Overdraft Account. Borrower understands that Lender will open the Overdraft Account and make Advances in reliance on that information. Borrower promises that all information provided to Lender either now or in the future will be true and complete. Borrower agrees to notify Lender immediately of any adverse change in Borrower's financial condition. Information concerning the Overdraft Account may be reported to credit reporting agencies and will be made available when requested by proper legal process. PERIODIC STATEMENTS. As permitted by law and in accordance with your consent, each monthly billing cycle Lender will electronically forward to Borrower notice that the periodic statement for the Overdraft Account is available through the X.com Website. EVENTS OF DEFAULT. Borrower will be in default under this Overdraft Agreement ("An Event of Default") if Borrower: (a) fails to make any payment when due; (b) violates the terms of this Agreement. or any other agreement with Lender; (c) provides false or misleading information to Lender with respect to the Overdraft Account; (d) becomes the subject of any voluntary or involuntary proceeding under the Bankruptcy Code or under any other proceeding for the rehabilitation of debtors; (e) dies or becomes legally incompetent; or (f) permits the entry or service of any garnishment, judgment, tax levy, attachment or lien against Borrower or any of Borrower's property. There also will be an Event of Default if the Overdraft Account balance exceeds the Credit Limit or Lender, in good faith, believes the prospect of Borrower's payment or performance is impaired. LENDER'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of any Event of Default. Lender may terminate Borrower's rights under this Agreement and: (a) declare the unpaid balance of the Overdraft Account, including unpaid Advances, Finance Charges, and fees, immediately due and payable, such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) refuse to make any additional Advances; and (c) exercise any and all remedies which may be available to Lender under applicable law. SETOFF. Lender shall have the right to hold or apply funds in Borrower's deposit accounts against all funds due and owing to Lender on the Overdraft Account. Lender's remedies are in addition to those available at common law, such as setoff. However, if this Overdraft Account may be accessed by a "credit card" (as defined under the Truth-in-Lending Act and Regulation Z), then Lender will not exercise a right to setoff Borrower's indebtedness incurred under the Overdraft Account to the extent prohibited under such Act and Regulation. TERMINATION OF CREDIT PRIVILEGES. Lender reserves the right to terminate Borrower's right to obtain additional Advances on the Overdraft Account ("Credit Privileges") by notifying Borrower. Lender may terminate Credit Privileges in its sole discretion and even if there is not an Event of Default. After termination of Credit Privileges, Borrower shall be obligated to pay all amounts outstanding on the Overdraft Account pursuant to the terms of this Agreement after termination until all such amounts have been paid. If this is a joint account, any Borrower may terminate Credit Privileges on the Overdraft Account for all Borrowers, by providing written notice to Lender, but no such termination shall be effective until Lender has processed (at its option) all Advances requested by any of Borrower. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, including, but not limited to, fees and costs of attorneys (other than the salaried employees of Lender) and other agents (including without limitation paralegals, clerks and consultants), which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Agreement, including, but not limited to, fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions, and whether or not suit is brought. JOINT ACCOUNT. If there is more than one Borrower, their obligations under this Agreement shall be joint and several. This liability exists regardless of which Borrower creates the debt and in spite of any divorce, legal proceedings or agreement that may affect liability between the Borrowers. This joint and individual liability shall continue until all obligations are paid in full. A release of one joint Borrower shall not operate as a release of any other joint Borrower. WAIVER. The waiver of any of Borrower's obligations or Lender's rights under this Agreement must be contained in a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Borrower's obligations under this Agreement shall not be affected if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower or any of its rights against any co-borrower. CHANGE OF TERMS. Lender reserves the right to change, add or modify ("Change") the terms of this Overdraft Agreement, including the Finance Charges and other fees payable by Borrower, and to apply such Change to both balances outstanding on the Overdraft Account at the time of the Change and to future balances. Lender shall provide Borrower with notice of any Change in the terms of this Overdraft Agreement as required by applicable law. ASSIGNMENT. Borrower may not assign any of its rights, remedies or obligations described in this Agreement without the prior written consent of Lender which may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of its rights and remedies described in this Agreement without notice to Borrower or Borrower's prior consent. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of Borrower and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. The term "Lender" shall mean the Lender specified in this Agreement, its successors and assigns, and subsequent holders of this Agreement NOTICE. Any notice or other communication to be provided under this Agreement shall be in writing and sent to the parties at the addresses set forth on the X.com "Update Profile" web page (in the case of the Borrower) or Bank Customer Service, 394 University Avenue, Palo Alto, CA 94301 or such other address as the parties may designate in writing from time to time. LIMITATION OF LIABILITY Lender will not be liable for any consequential, special or similar damages for failure to make an Advance on the Overdraft Account in accordance with the terms of this Agreement, or any failure of Bank to honor any payment instructions on the Transaction Account. SEVERABILITY. If any provision of this Agreement is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in anyway be affected or impaired thereby. MISCELLANEOUS. All references to Borrower in this Agreement shall include all of the parties liable on the Overdraft Account. Borrower and Lender agree that time is of the essence. All Borrowers waive presentment, demand for payment, notice of dishonor and protest, and further waive any right (if any) to require Lender to proceed against anyone else before proceeding against Borrower or said person. This Agreement represents the complete and integrated understanding between Borrower and Lender with respect to the terms hereof. JURY TRIAL WAIVER. BORROWER AND LENDER HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS AGREEMENT. * * * YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Statement. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at Help@x.com or by writing us at Customer Service, 394 University Avenue, Palo Alto, CA 94301. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and Account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your bills automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or e-mail must reach us three business days before the automatic payment is scheduled to occur. Please see your Electronic Funds Transfer Agreement or more information about stopping electronic transfers. Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Part 3: ADDITIONAL DISCLOSURES UNDER FEDERAL LAW. THE FOLLOWING DISCLOSURES ARE REQUIRED BY FEDERAL LAW. PLEASE PRINT A COPY OF ALL DISCLOSURES AND RETAIN FOR YOUR RECORDS. DETERMINING THE AVAILABILITY OF PAPER INSTRUMENTS (CHECKS) OR WIRE TRANSFER DEPOSITS TO YOUR FIRST WESTERN NATIONAL BANK CONSUMER CHECKING ACCOUNT Please Print a Copy of This Disclosure and Retain for Your Records Definitions: Unless specifically defined herein, all terms shall have the meanings set forth in the Deposit Agreement. General Policy: Our general policy is to make funds from your deposits available to you as quickly as possible depending on when we receive the deposit, the type of deposit, and other conditions described below. Please allow time for mailing. Once funds are available, you can withdraw the funds in cash and use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 2:00 p.m. Eastern Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:00 p.m. Eastern Time or on a day we are not open, we will consider that the deposit was made on the next business day. Checks and other paper instruments mailed to the Bank are considered deposited on the business day they are received. Checks and other paper instruments are received by the Bank at the time the mail is delivered to the bank. Same Day Availability: Funds from electronic direct deposits (e.g., payroll deposits) or cash will be available on the day we receive the deposit. Funds from automated clearinghouse deposits will be made available in advance of our receipt of final payment up to amount your unutilized Overdraft Account Line of Credit. Next Day Availability: Funds from the following deposits are available on the first business day after the day of your deposit: - U.S. Treasury checks payable to you - Wire Transfers - Cashier's Checks payable to you - Certified Checks payable to you Money Orders payable to you - State or local government checks payable to you - Checks drawn on us - Federal Reserve Bank checks payable to you - Federal Home Loan Bank checks payable to you. Other Check Deposits The delay for other check deposits depends on whether the check is a local check or a non-local check. To see whether a check is a local or a non-local check, look at the routing number on the check. If the first four digits of the routing number are 1020, 3020, 1021, 1022, 1023, 3021, 3022, 3023, 1070, or 3070, then the check is a local check. Otherwise, the check is a non-local check. Some checks are marked "payable through" and have a four- or nine-digit number nearby. For these checks, use the four-digit number or the first four digits of the nine-digit number, not the routing number on the bottom of the check, to determine if these checks are local or non-local. Our policy is to make funds from local and non-local checks available as follows: - Local checks The first $100 from a deposit of local checks will be available on the first business day after the day of your deposit. The remaining funds from a deposit of local checks will be available on the second business day after the day of your deposit. - Non-local Checks The first $100 from a deposit of non-local checks will be available on the first business day after the day of your deposit. The remaining funds, up to $2,500 will be available on the second business day after the day of deposit. The amount in excess of $2,500 will be available on the fifth business day after the day of deposit. - If you deposit both categories of checks, $100 from the checks will be available on the first business day after the day of your deposit, not $100 from each category of check. - For example, if you deposit a $700 check, whether local or non-local, on a Monday, $100 of the deposit is available on Tuesday. The remaining $600 is available on Wednesday. Longer Delays May Apply: If we are not going to make all of the funds from your deposit available on the first or second business day, we will e-mail you the notice by the business day after we receive your deposit. We will also tell you when the funds will be available. In addition, funds you deposited by check may be delayed for a longer period under the following circumstances: - We believe a check you deposited will not be paid; - You deposited checks totaling more than $5,000 on any one day; - You redeposit a check that has been returned unpaid; - You have overdrawn your account repeatedly in the last six month; or - There is an emergency, such as failure of communications or computer equipment. We will notify you by e-mail if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. Change in Terms: We will send a notice to you at least thirty (30) days before implementing a change to our availability policy except when the change expedites the availability of funds, then notice may be provided within thirty (30) days after implementation. Such notice will be delivered in accordance with the Electronic Communications provision of the Deposit Agreement. IMPORTANT CHECKING ENDORSEMENT STANDARDS FOR CONSUMER ACCOUNTS Your compliance with FIRST WESTERN NATIONAL Bank's endorsement standards is necessary to help assure that the checks you deposit will be cleared on a timely basis. FIRST WESTERN NATIONAL BANK's endorsement standards are: - Customer endorsements must be placed in the 1-inch areas starting at the left side of the check. - The remaining area of the check cannot contain any preprinted, stamped or handwritten customer information. FIRST WESTERN NATIONAL BANK La Jara, Colorado Member FDIC ELECTRONIC FUNDS TRANSFER SERVICES AGREEMENT AND DISCLOSURE First Western National Bank La Jara, Colorado Please Print a Copy of This Document and Retain it for Your Records This Agreement governs the use of Electronic Funds Transfer services ("EFT Services") available to you from us. These services may include debit/ATM card, internal electronic transfers, and ACH electronic transfers, among others. By using any of the EFT Services, you agree to be bound to the terms of this Agreement. Unless specifically defined herein, all terms have the meanings set forth in the Deposit Agreement. "Account" means your checking (NOW) account, together with any associated Overdraft Account. "Authorized User" means any person you authorize to use your debit/automated teller machine card ("Card"), your personal identification number used in connection with your Card (your "PIN"), your pass code used to access the X.com Website and your Bank accounts or any other device or code we make available to access your Accounts (together, "Access Devices"). "Business day" shall mean Monday through Friday, except federal holidays. YOUR AND OUR AGREEMENTS By clicking "I agree," by using the EFT Services, or by designating an Authorized User to use the EFT services, you authorize an existing bank at which you maintain a lawful account to initiate debit entries to your account for transfer via ACH to my account at First Western National Bank, La Jara, Colorado. You acknowledge that the originations of ACH Transactions to your account must comply with the provisions of U.S. law. By clicking "I agree," by using the EFT Services, or by designating an Authorized User to use the EFT services, you also agree that you will: 1. Abide by the rules and regulations relating to the use of your Access Devices and the performance of any EFT Services. 2. Notify us promptly of the loss of your Access Devices as specified in further detail below. 3. Be responsible for all authorized uses of your Access Devices whether used at a full-service automated teller machine ("ATM'), an electronic cash dispensing machine, a point-of-sale terminal, a home computer or otherwise. 4. Be responsible for unauthorized use of your Account's Access Devices as disclosed below in the section entitled "Notice of Your Rights and Liabilities." 5. Ensure compliance by any Authorized User of all terms and conditions governing the use of EFT Services. 6. Maintain the security of your Account. This includes not revealing your pass code, your PIN, or any other Access Device to any person not authorized by you to use your Access Devices; not writing your PIN number on your Card or on any item kept with your Access Devices; and not leaving a computer terminal unattended after you have logged in using your pass code or other Access Device. 7. Surrender to us or destroy any ATM cards or other tangible Access Devices upon our request. 8. Initiate drafts through the X.com Website, whether by ACH transfer, credit card or otherwise, only against accounts for which you have appropriate authority. You further understand that in certain circumstances we will have the right under this Agreement to: 1. Cancel your Access Devices at any time without notice if we receive notice of your default or for security reasons. 2. Refuse a transaction on your Account when any of your Access Devices have been reported lost or stolen or when we reasonably believe that there is unusual activity on your Account. 3. Refuse a transaction that would exceed your Account balance, including the available credit on any overdraft line of credit attached to your Account. 4. Charge or credit a transaction to another of your Accounts if you use your Access Devices to access an Account that is no longer available or that lacks sufficient funds to complete the transaction. TYPES OF EFT SERVICES 1. Preauthorized Credits/Debits. We are able to electronically transfer funds from your Account to other parties and to receive funds electronically from other parties for deposit to your Account. We may do this by "ACH" (as a member of a local or national Automated Clearing House Association) or by wire transfer. When you provide the party initiating the withdrawal or deposit with advance authorization to make recurring ACH transfers to or from your Account, the transfers are referred to as "preauthorized transfers." Because these preauthorized transfers are performed electronically through the ACH, they are governed by federal laws pertaining to EFT Services which entitle you to certain benefits and protections in connection with the EFT Services, such as the right to receive a copy of your written authorization to make preauthorized transfers from your Account. 1. Card Transactions. (a) ATM Transactions. You may use your Card at ATMs which are a part of an Electronic Funds Transfer service network ("EFT network") to which the Bank belongs. ATM withdrawals are available up to daily authorization limits provided the available balance in your Account is greater than or equal to the amount requested. You may use your Access Devices at such an ATM to perform the following types of transactions: (1) Withdraw cash from your Accounts; (2) Make deposits to your Accounts; (3) Transfer funds between your Accounts; (4) Find out your Account balance. Note: A specific ATM or EFT network may not perform or permit all the above transactions, or transactions may be subject to a surcharge assessed by the terminal owner. In addition, a specific ATM or EFT network may not provide you with access to all of your Accounts or may automatically post withdrawals to certain Accounts. If you have a question regarding whether a certain ATM or EFT network will process a transaction, call, email or write us. (b) Point-of-Sale Transactions. You may use your Card to purchase goods and services from merchants that participate in certain EFT Networks and have agreed to accept your Card as a means of payment. Purchases made with your Card are referred to as "point-of-sale transactions" ("POS") and will be charged against your checking Account. POS withdrawals may, at the Bank's discretion, be authorized even when the available balance is not sufficient. 3. Other Electronic Transfers. (a) Transfers within the Bank. You can transfer funds from your Bank checking account to third parties ("Recipients") who have accounts at the Bank by entering payment instructions to the Bank at the X.com Website. We will debit your account in the amount of the transfer, credit the Recipient's checking account and send the Recipient and email notifying the Recipient of the transfer. (b) Transfers outside the Bank You can transfer funds from your Bank checking account to third parties who have accounts at other U.S. depository institutions by entering payment instructions to the Bank at the X.com Website. We will debit your account in the amount of the transfer pending completion of the transfer and send the Recipient an email notifying the Recipient of the transfer. The Recipient will then be able to receive the funds through a Bank account that they open or through a paper draft that we will mail to them. You should ensure the Recipient's e-mail address you provide to us is correct and is secure so that unauthorized persons do not access our e-mail notification of the funds transfer. You also should alert the Recipient through other means (such as by a phone call) that the e-mail notification will be coming. (c) Transfers into the Bank You can also transfer funds via ACH transfer from your eligible accounts at other U.S. depository institutions to your Bank checking account by entering payment instructions to the Bank at the X.com Website. With your on-line authorization, we will move funds into your checking account from eligible U.S. deposit accounts that you are authorized to debit, up to a maximum of $15,000 in the aggregate. If you provide us with a voided check drawn on an account you seek to debit, you can transfer up to $100,000 in a single transaction from that account. The cut-off time for requests for transfers is 10:00 p.m. Pacific Time. No fees will be charged by the Bank for these transfers. Transfers to or from accounts outside of the United States are not permitted. (d) Other Person to Person Transfers You also can transfer funds drawn from your qualifying credit card accounts and qualifying deposit accounts at other U.S. depository institutions to other U.S. residents by entering payment instructions at the X.com web site. For credit card drafts, we will first debit the qualifying credit card account number you enter for deposit to your Bank checking account. For drafts on your eligible accounts at other U.S. depository institutions, we will first transfer funds to your Bank checking account in accordance with the procedures in paragraph (c) above. In each case, we will then transfer funds to your Recipient using the notification process described at paragraph (b) above. In the case of funds drawn at a deposit account at another depository institution, your transfer will be limited by the available amount of credit in your Overdraft Account. Please note that obtaining a credit card advance from us is separate from any transaction you may have engaged in with any Recipient. You agree NOT to dispute a credit card advance used to fund a transfer through the Bank because of any dispute you may have with the Recipient. ADDITIONAL PROVISIONS Limitations on the Number and Dollar Amount of Card Transactions Your Card transactions will be subject to daily limits disclosed to you. For security reasons, there may be times when we further limit these amounts. Charges for Use of Your Card We do not charge you a fee to use your Card at an ATM. However, transactions maybe subject to a surcharge assessed by the terminal owner for which you will be reimbursed by the Bank up to $6.00 per month; Your Right to Receive Documentation or Notice of Transactions You will receive a receipt at ATMs that accept your Card each time you make a transaction. Through X.com's Website you will be able to view your financial statement and transaction history at any time. If you have arranged to have direct deposits made to your Bank Account at least once every 60 days from the same person, company or governmental agency, to find out if the deposit has been made, you can call Customer Service at 888-447-8999 or write to the Bank at Customer Service, 394 University Avenue, Palo Alto, CA 94301. You may also e-mail to help@x.com. Please be prepared to provide your Account number and the amount and date of the last deposit. In Case of Errors or Questions About Your Electronic Transfers Telephone Customer Service at 888-447-8999, or e-mail customer service@x.com or write the Bank c/o X.com, 394 University Avenue, Palo Alto, CA 94301 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you NO LATER than 60 days after the problem or error has appeared on your on-line statement. In your communication to us, be prepared to provide us with the following information: 1. Your name and Account number. 2. A description of the error or the transfer you are unsure about, why you believe it is an error or why you need more information. 3. The dollar amount of the suspected error. If you initially provide this information to us via the telephone, we may require that you send your complaint or question in writing within 10 business days. We will advise you of the results of our investigation within 10 business days after it hears from you and if we have made an error, it will correct it promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question (90 days for transactions at the point of sale or outside of the United States). If we decide to do this, we will provisionally recredit your Account within 10 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 conclude our investigation. If we ask you to put your questions or complaint in writing and does not receive it within 10 business days, may not provisionally recredit your Account. At the end of its investigation, we will advise you of the results within three (3) business days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit, any fees, and/or interest provisionally credited in relation to the alleged error. You may ask for copies of the documents that we used in our investigation. NOTICE OF YOUR RIGHTS AND LIABILITIES TELL US AT ONCE if you believe your Card or any other Access Device has been lost or stolen. Telephoning us is the best and fastest way of keeping your possible losses down. You could lose all the money in your Account (including your maximum overdraft line of credit). If you tell us within two business days, you will not be charged if someone used your Card or other Access Device without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or other Access Device, and we can prove it could have stopped the unauthorized transactions if you had told us, you could lose as much as $500.00. Also if your on-line statement shows transactions that you did not make, TELL US AT ONCE. If you do not tell us within 60 days after the Periodic Notice is transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented the transactions if you had told it in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, let us know. It will extend the time periods. If you believe that your Card or other Access Device has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, call: Customer Service at 888-447-8999 or write to the Bank at X.com Customer Service at 394 University Avenue, Palo Alto, CA 94301. You may also e-mail to help@x.com. Our Liability for Failure to Complete Transactions If we does not complete a transaction from your Account on time or in the correct amount and according to our Agreement with you, we will be liable for your losses or damages proximately caused by this failure. However, there are same exceptions. For instance, we will not be liable if: 1. Through no fault of ours, you do not have enough available funds in your Account, including any available overdraft line, to make the transaction. 2. The automated teller machine does not have enough cash. 3. Any terminal or system was not working properly and you knew about the breakdown when you started the transaction. 4. Circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. 5. In the case of pre-authorized credits, the data from the third party is not received, is incomplete or erroneous, or if the recipient is deceased. Pre-authorized Transfers If you have arranged with us in advance to make regular periodic payment out of your Account, you can stop any of those payments by following these procedures: 1. Call Customer Service at 888-447-8999, write the Bank c/o Customer Service, 394 University Avenue, Palo Alto, CA 94301, or e-mail help@x.com in time for it to receive your request three or more business days before the payment is scheduled to be made. 2. If you call, we may require you to put your request in writing so that it reaches us within 14 days after your call. We will charge you $25 for each stop-payment order you give us. 3. If you fill out an online stop payment request, you must initiate it by 9:00 p.m. Pacific Time three (3) or more business days prior to the scheduled payment date. 4. You may be charged the current stop-payment fee for each stop- payment order you give us. If you have arranged with a third party to initiate regular payments from your Account and those payments vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made, and how much it will be. If you order us to stop one of these payments three business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages. Confidentiality Please see our Privacy Policy for a complete description of our intended use and protection of your Account information. Amendments We may amend or change any of the terms and conditions of this Electronic Funds Transfer Services Agreement and Deposit Account Agreement that relate to EFT Services at any time upon such advance notice as we deem reasonable under the circumstances or as otherwise required by law. Such notice will be delivered in accordance with Electronic Communications provisions of the Deposit Agreement. We reserve the right to make an immediate change if security precautions require and if permitted by law. We will provide these notices to you via e-mail. If you need printed documentation please contact Help@x.com. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your EFT Services and surrender or destroy your Access Devices. Termination We may terminate EFT Services, in whole or in part, without notice, due to your default or as a security precaution. If you or we cancel this Agreement you must surrender or destroy your Card or any other Access Device issued to you. Liability for Authorized User If you designate an Authorized User, that person is considered your agent. As such, you are liable for all activities of that person, including ATM/Debit transactions, ACH transfers, and any other withdrawals that may overdraw your Accounts. The agency relationship can be terminated only through written notification to us of your intent to terminate the agency relationship. Waiver of Warranties and Damages. Except as provided under "Our Liability for Failure to Complete Transactions" above, the federal Electronic Fund Transfer Act, or as otherwise required by applicable law, you agree as follows: The EFT Services are provided "as is" and with all faults, and the Bank and X-com hereby disclaim, for themselves and for each other entity involved in the provision of the EFT Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses. The foregoing disclaimer may not be effective under applicable state law. In no event shall the Bank or X.com or any other entity involved in the provision of the EFT Services be liable (a) for damages caused other than by its own gross negligence or intentional misconduct or (b) for indirect, special, incidental or consequential damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service, even if the Bank or X.com has been advised of the possibility of such damages. In no event shall the Bank or X.com be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). If, notwithstanding the foregoing disclaimers, the Bank or X.com or any other entity involved in the provision of the EFT Services is held liable for any damages, you agree that the Bank and X.com and such entity shall in no event be liable for more than five hundred dollars ($500) with respect to any claim or claims arising out of the same act or omission or series of related acts or omissions. Other Agreements In addition to this Agreement, you agree to comply with the requirements of the Deposit Agreement, the X.com Website Agreement and applicable State and Federal laws and regulations. Miscellaneous Terms This Agreement constitutes the entire agreement between you and us concerning EFT Services. If there is a conflict between what a Bank or X.com employee tells you and the terms of this Agreement, the terms of this Agreement shall control. If there is a conflict between this Agreement and another agreement between you and us, the terms of this agreement control unless otherwise required by applicable law. We may assign this Agreement or its rights hereunder. You may not assign this Agreement and any attempted assignment shall be void. Governing Law Your Account is entered into and maintained in the State of Colorado. This Agreement shall be governed by the laws of the State of Colorado and all applicable Federal laws and regulations. FIRST WESTERN NATIONAL BANK La Jara, Colorado Member FDIC TRUTH IN SAVINGS DISCLOSURES These disclosures describe the interest payable on and fees charged with respect to deposit accounts opened at First Western National Bank, La Jara, Colorado through the X.com Website. Other terms of your deposit accounts are as set forth in the Deposit and Overdraft Account Agreement and Disclosure. CHECKING ACCOUNT Our Checking account allows you unlimited check writing and ATM withdrawals, with no minimum balance requirement and no monthly maintenance fee. In addition, we rebate up to $6 per month in third-party ATM charges. Interest earned on our Checking account depends on the balance you keep in the account. Our current interest rates and the corresponding annual percentage yields are shown in the chart below. Your account will earn interest based on the highest interest rate tier for which you qualify based on the daily balance in your account, and the applicable interest rate and annual percentage yield will apply to the entire account balance. Interest is compounded daily and credited monthly. Balance Interest Rate Annual Percentage Yield 0 - $999.99 0.99% 1.00% $1,000.00 to $4,999.99 3.93% 4.00% $ 5,000 and over 4.42% 4.50% We may change the interest rate and the annual percentage yield at any time. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue on the business day you deposit noncash items (for example, checks). If you close your account before interest is credited, you will not receive the accrued interest. There is no minimum balance required to open a Checking account. We do not charge a fee to obtain an X.com Visa CheckCard, but you may have to qualify for the Card. We do not charge you a fee for ATM withdrawals or balance inquiries at any ATM, or for purchases made from your Checking account at merchant locations with your Visa Check Card. However, another financial institution may impose fees for ATM transactions. We will credit your account up to $6 per month for third-party ATM charges that you incur during that month. Fees applicable to our Checking account are as set forth in the Schedule of Fees below. All service fees will be posted to the account at month end. TIME DEPOSIT ACCOUNTS When you open a Time Deposit Account, you agree to keep your funds in the account until the maturity date. Opening Balance Requirement You must deposit at least $1.00 to open Time Deposit account. Rate Information Rates will vary based on the term requested. Time deposits are offered in monthly increments in the following terms: 3 months, 6 months and 12 months. The interest rate an annual percentage yield on a time deposit is determined on the day we receive your deposit. Our current interest rate and annual percentage yield for a time deposit funded as of today are as follows: Term Interest Rate Annual Percentage Yield 3 months 5.27% 5.40% 6 months 5.84% 6.00% 12 months 6.08% 6.25% The annual percentage yield assumes that interest remains on deposit until maturity. A withdrawal of interest will reduce earnings. You must maintain the entire balance in the account until maturity to obtain the disclosed annual percentage yield. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest is compounded monthly and credited to your account monthly. Optionally, customer may request interest to be credited to their checking account monthly. No additional deposits will be allowed to the time deposit account before the maturity date. Early Withdrawal Penalty Withdrawals without penalty will only be allowed at maturity. We will impose a penalty of 30 days interest on the entire principal amount deposited if you withdraw any of the principal before the maturity date. We will also close the account. Under certain circumstances, such as the death or incompetence of an account owner, federal regulations permit the early withdrawal penalty to be waived. Maturity Options Accounts have the choice at origination to renew with the same term at the current rate or to transfer principal and interest to their checking account. You have 10 calendar days after the maturity date to make additional deposits or withdraw funds without penalty. Each renewal the term will be the same as this original one, beginning on the maturity date. Interest earned during one term that is not withdrawn during or within the 10 day grace period immediately after that term is added to principal for the renewal term. The interest rate and annual percentage yield for each renewal term will be determined by us on or just before the maturity date. You may call us on the maturity date and we can tell you what the interest rate will be for the next renewal term. Fees. Fees applicable to our Time Deposit accounts are as set forth in the Schedule of Fees below. SCHEDULE OF FEES (Applicable to both Basic Checking and Time Deposits) Copy of statement $3.00 each Check copies (after 3 per statement cycle) $2.00 each Insufficient funds (whether item paid or returned) $25.00, except as shown below $15.00 for Virginia residents $20.00 for West Virginia residents $22.00 for Wisconsin residents. Returned deposited item $5.00 each ATM or Check Card replacement $5.00 each Stop payment $25.00 each Dormant accounts $10.00 per month Checks Cost depends on style and quantity Money Orders Minimum $2.00; maximum $3.25 Cashier's check Minimum $3.00; maximum $10.00 Garnishment, Levy, or Other Legal Process $50.00 Account Closing None Collections (per item) None Wire transfers Incoming None Outgoing None Research $25 per hour or $2.00 per item, whichever is less. Traveler's checks (other than Cheques for Two) N/A
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