Online Banking Terms
and Conditions

 
PLEASE READ THESE HERITAGE BANK OF THE OZARKS TERMS OF SERVICE FOR ONLINE BANKING (THIS “AGREEMENT”) CAREFULLY. BY ACCEPTING THIS AGREEMENT OR ACCESSING HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO AND GOVERN YOUR USE OF THE ONLINE BANKING SERVICES OFFERED BY HERITAGE BANK OF THE OZARKS (“HERITAGE BANK OF THE OZARKS”, “BANK”, “US”, OR “WE”); THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT; AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK. IN THIS AGREEMENT, “YOU” AND “YOUR” REFER TO THE HERITAGE BANK OF THE OZARKS ACCOUNT HOLDER AND/OR HERITAGE BANK OF THE OZARKS ONLINE BANKING USER WHO HAS ENROLLED IN HERITAGE BANK OF THE OZARKS ONLINE BANKING. IF YOU ARE ACCESSING HERITAGE BANK OF THE OZARKS ONLINE BANKING IN YOUR CAPACITY AS AN AGENT OR AUTHORIZED REPRESENTATIVE OF ANOTHER PERSON OR ENTITY, THEN YOU ARE ENTERING INTO THIS AGREEMENT BOTH IN YOUR OWN INDIVIDUAL CAPACITY AND ON BEHALF OF SUCH OTHER PERSON OR ENTITY, IN YOUR CAPACITY AS AN AGENT OR AUTHORIZED REPRESENTATIVE ON BEHALF OF SUCH PARTY. 

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WAIVER OF CLASS ACTIONS REQUIREMENT, LIMITATIONS ON DIRECT AND INDIRECT DAMAGES, AND A WAIVER OF THE PARTIES TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON CLAIMS UNDER THIS AGREEMENT. 

You acknowledge and agree that your use of the Online Banking Services is subject to the JH Digital Banking Terms of Use (“Digital Banking Terms of Use”), attached hereto as Exhibit A, which is incorporated into this Agreement by reference. You understand and agree that use of the Online Banking Services requires your acceptance and compliance with the JH Terms of Use. 

If you have questions about the Agreement or its terms and conditions, please contact us at (417) 532-2265. 

1. INTRODUCTION

This Agreement between you (referred to as “you” or “Customer”) and Heritage Bank of the Ozarks (referred to as “us” or “we”, and including any affiliate or direct or indirect subsidiary of Heritage Bank of the Ozarks when any of them have established an Account or provide an Online Banking Service) governs your use of an electronic service provided by or on behalf of the Bank that permits you to access certain financial services or Account information through the Internet by use of a personal computing device and/or mobile application (“Mobile App”), as applicable (referred to throughout the remainder of the Agreement collectively as “Heritage Bank of the Ozarks Online Banking”). You will be responsible for all third-party costs, including those related to your wireless provider, that result from or arise out of your use of Heritage Bank of the Ozarks Online Banking. You agree that if you continue to use Heritage Bank of the Ozarks Online Banking after we notify you of any change either to the services or to this Agreement, you thereby accept such changes and agree to be bound by this Agreement, as amended. 

You are responsible for providing your own access to the Internet through the Internet service provider of your choice.  The terms and conditions of this Agreement are in addition to, and shall supplement, the terms, conditions, laws, rules and regulations that apply to any of your existing Heritage Bank of the Ozarks Accounts or services of the Bank which you currently use. To use Heritage Bank of the Ozarks Online Banking, you must be at least 14 years old and be a resident of the United States. 

 2. DEFINITIONS

In addition to those terms that are defined in other sections of this Agreement, the following terms used in this Agreement shall have the following meanings: 

“Account” – Any account at Heritage Bank of the Ozarks of which you are the owner (for asset accounts and prepaid cards), borrower or cardholder (for loans, lines of credit and credit cards) (or, for business or commercial accounts only, an authorized signer or otherwise authorized to access Heritage Bank of the Ozarks Online Banking on behalf of the Account owner) and for which Heritage Bank of the Ozarks offers Online Banking Services. We may refer to any of these persons in this Agreement as an “owner.”  For Transactions conducted using Heritage Bank of the Ozarks Online Banking, “Account” may mean an account of the type referred to by Heritage Bank of the Ozarks as a demand deposit, NOW, statement savings, money market account, investment products, securities accounts, brokerage accounts, CD, IRA, credit card, prepaid card, loan or line of credit, which may be offered by Heritage Bank of the Ozarks. 

“Account Documentation” – The relevant deposit agreement, card agreement, loan agreement, or other terms and conditions governing your Account or card, together with any disclosures, fee schedules, and other information related to your Account or card, as each may be modified from time to time. 

“Business Day” – Any calendar day other than Saturday, Sunday, or any banking holiday observed by Heritage Bank of the Ozarks, which will generally be any day other than a Saturday or a Sunday or federal holidays.  

“Business Day Cut-Off Time” – The latest time on any Business Day at which Heritage Bank of the Ozarks will accept a Transaction through Heritage Bank of the Ozarks Online Banking for same-day ledger posting to the affected Heritage Bank of the Ozarks Account or Accounts. 

“External Account” – A deposit account at another financial institution for which you have the authority to transfer funds. 

“Online Banking Services” – The services offered by Heritage Bank of the Ozarks through Heritage Bank of the Ozarks Online Banking, described in Section 3, below. 

“Password” – A unique code which is to be known only to each Heritage Bank of the Ozarks Online Banking customer, initially assigned to each customer by the Bank but thereafter to be selected by the customer. Each customer must use their unique Heritage Bank of the Ozarks Online Banking Password and ID to obtain Account information and perform Transactions through Heritage Bank of the Ozarks Online Banking. 

“Rules” – Heritage Bank of the Ozarks’ rules and regulations for its accounts, including those rules about the use of Heritage Bank of the Ozarks Online Banking and those about Electronic Funds Transfer Services. 

“Heritage Bank of the Ozarks Bill Payment” – Refers to the optional electronic bill payment service offered by Heritage Bank of the Ozarks through Heritage Bank of the Ozarks Online Banking. References to “Online Banking Services” include, among other services, Heritage Bank of the Ozarks Bill Payment. 

“Transaction” – A debit or credit to an Account, including, but not limited to, a withdrawal, deposit, transfer, payment, or purchase. 

  3. ABOUT HERITAGE BANK OF THE OZARKS ONLINE BANKING.

Heritage Bank of the Ozarks Online Banking consists of an online banking website and an application for a mobile device that provide you and other Heritage Bank of the Ozarks Online Banking users with various financial services provided by Heritage Bank of the Ozarks. The services offered through Heritage Bank of the Ozarks Online Banking, and the types of Accounts you may access and manage using Heritage Bank of the Ozarks Online Banking, may be updated or changed by Heritage Bank of the Ozarks at any time, in its sole discretion.   The specific Online Banking Services offered with respect to any Account may vary.  You may determine which of your Accounts are eligible Accounts, and the Online Banking Services available for those Accounts, by accessing Heritage Bank of the Ozarks Online Banking. Depending on the Account, the Online Banking Services may allow you to, among other things, review your current and historical Account information, transfer funds between your Accounts, initiate external transfers, initiate bill payments through Heritage Bank of the Ozarks Bill Payment, activate your cards, manage your cards, and/or make deposits through Mobile Deposit Services. The availability of each type of information or financial service to you is dependent upon the type or types of Heritage Bank of the Ozarks Accounts you maintain, the extent to which you have identified each of your Accounts on Heritage Bank of the Ozarks Online Banking, the extent to which Heritage Bank of the Ozarks offers a particular service with respect to an Account, and any applicable statutory or regulatory limitations. The use of Heritage Bank of the Ozarks Online Banking does not affect the applicable minimum balance requirements of, monthly service charge fees of, or rates of interest payable on, any Heritage Bank of the Ozarks Account. 

Except for eStatements (described below), any Transaction histories, Account balances, payments, and other information we provide to you through the Online Banking Services are provided as a courtesy and for your convenience only.  Information and data concerning Transaction histories, Account balances, payments and other information may be posted after a delay or may not be final.  In the event of a conflict, the information in your official periodic statement (including any eStatement) will control. 

  4. BETA SERVICES.

Heritage Bank of the Ozarks may, from time to time, in its sole discretion, make available to you certain beta or prototype offerings on or through Heritage Bank of the Ozarks Online Banking (“Beta Services”). You acknowledge and agree that your use of any such Beta Services is at your own risk and that all Beta Services are provided on a strictly as-is basis with all faults. You shall remain solely responsible and liable for your use of any such Beta Services and for any loss or damages resulting therefrom. You hereby waive and release Heritage Bank of the Ozarks from any and all claims relating to or arising from your use of the Beta Services provided hereunder. HERITAGE BANK OF THE OZARKS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BETA SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HERITAGE BANK OF THE OZARKS DOES NOT MAKE ANY GUARANTEE THAT THE BETA SERVICES WILL PERFORM IN ANY PARTICULAR MANNER OR THAT THEY WILL BE UNINTERRUPTED, SECURE OR PERFORM AS INTENDED. 

  5. SERVICE AVAILABILITY.

Heritage Bank of the Ozarks Online Banking is intended to be available each day of the year. However, it is necessary to interrupt service from time to time to perform periodic system and account maintenance. The maintenance periods may vary by geographic region due to different time zones. During these periods, customers generally will be notified of the maintenance activities by an information screen that is displayed when attempting to access Heritage Bank of the Ozarks Online Banking. Unforeseen technical difficulties may also interrupt service. The Bank is not responsible for account or payment deficiencies or other issues due to Heritage Bank of the Ozarks Online Banking system outages or interruptions. 

 6. INTERNET SECURITY INFORMATION.

From time to time, there may be security notices posted on Heritage Bank of the Ozarks’ general website or the Heritage Bank of the Ozarks Online Banking website regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of Heritage Bank of the Ozarks Online Banking is the unique combination of your Heritage Bank of the Ozarks Online Banking ID and Password. It is important that you protect the security of your Heritage Bank of the Ozarks Online Banking ID and Password by keeping them secret. No one at Heritage Bank of the Ozarks has access to the Password associated with your Accounts. It is important that you DO NOT SHARE YOUR PASSWORD WITH ANYONE FOR ANY REASON. No one at Heritage Bank of the Ozarks will know or need to know your Password, and Heritage Bank of the Ozarks employees will never ask for your Password. Heritage Bank of the Ozarks may, in its sole discretion, require additional or different security features and procedures from time to time.  By entering into this Agreement and using Heritage Bank of the Ozarks Online Banking, you agree to protect the security of your Heritage Bank of the Ozarks Online Banking ID, Heritage Bank of the Ozarks Online Banking Password, and any other numbers, codes, marks, signs, keys, or other means of identification of you as a Heritage Bank of the Ozarks Online Banking user which may be devised or established from time to time. 

Heritage Bank of the Ozarks reserves the right to block your access to Heritage Bank of the Ozarks Online Banking to maintain or restore security to the Bank’s account information and data processing systems if the Bank reasonably believes your means of identification as a Heritage Bank of the Ozarks Online Banking user (including, but not limited to, your Heritage Bank of the Ozarks Online Banking Password, ID, or other Heritage Bank of the Ozarks Online Banking access codes) have been or may be obtained or are being used or may be used by an unauthorized person or persons. Except as otherwise required by Regulation E or other applicable law, you are liable and responsible for all Transactions made through Heritage Bank of the Ozarks Online Banking using your means of identification, whether those Transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority), or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification has been or is otherwise compromised, you must notify the Bank immediately so that the Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless, and indemnify the Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your Heritage Bank of the Ozarks Accounts via Heritage Bank of the Ozarks Online Banking or, subject to limitations described elsewhere in this Agreement or as provided in applicable law or system rules, any persons that obtain your means of identification (other than through the Bank’s negligence), including any person who obtains through you, by whatever means, your means of identification. 

  7. REGISTRATION PROCESS.

In order to obtain and use Heritage Bank of the Ozarks Online Banking, you must complete our initial registration process. The Heritage Bank of the Ozarks Online Banking registration process involves completing an application, including information we will need to make Heritage Bank of the Ozarks Online Banking available to you. The Bank may verify the information you submit on the application for accuracy and authorization to access your Accounts. As part of this verification process, we may, and you authorize us to, verify your identity by obtaining information about your credit history from a consumer reporting agency. If we verify your identity in this way, Heritage Bank of the Ozarks and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable laws. We reserve the right to deny you access to Heritage Bank of the Ozarks Online Banking if we cannot verify your identity or other necessary information. We may approve or decline your application for Heritage Bank of the Ozarks Online Banking based upon our review of your credit report, along with other information we deem relevant. If we deny your request to use Heritage Bank of the Ozarks Online Banking, you may obtain a free copy of the credit report that we used (if applicable) from the consumer reporting agency that issued the report. 

In addition to the right to obtain a credit report, Heritage Bank of the Ozarks and our service providers reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or persons to whom you may transfer funds, are not using the Heritage Bank of the Ozarks Online Banking service in violation of law, including, but not limited to, laws, rules, and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (“OFAC”) of the United States Treasury Department. 

  8. LOG-ON SECURITY.

As noted in Section 6 of this Agreement, security is very important to Heritage Bank of the Ozarks Online Banking. Prior to activation of your Heritage Bank of the Ozarks Online Banking service, Heritage Bank of the Ozarks will verify your identity and authorization to obtain information and conduct Transactions on the Accounts you have requested us to include in your Heritage Bank of the Ozarks Online Banking service. You may receive a unique Heritage Bank of the Ozarks Online Banking ID and Heritage Bank of the Ozarks Online Banking Password from us or establish a Heritage Bank of the Ozarks Online Banking ID and Heritage Bank of the Ozarks Online Banking Password during enrollment. After your initial sign-on to Heritage Bank of the Ozarks Online Banking, you may be prompted by Heritage Bank of the Ozarks Online Banking to change your Password.  We may, at our option and in our sole discretion, require you to take additional steps to authenticate yourself, or use additional tools or devices, in order to access the Online Banking Services. 

To help prevent unauthorized access to Heritage Bank of the Ozarks Online Banking and ensure the security of your Accounts, we may end your Heritage Bank of the Ozarks Online Banking online session if we have detected no activity for a short period of time (e.g., ten (10) minutes). 

Because your Heritage Bank of the Ozarks Online Banking ID and Heritage Bank of the Ozarks Online Banking Password and/or passcode, and any other security or access device or tool we provide, is used to access your Accounts, you should treat them as you would any other sensitive personal data. You should carefully select a Heritage Bank of the Ozarks Online Banking Password and passcode that is difficult to guess. Keep your Heritage Bank of the Ozarks Online Banking Password and passcode safe. You may change your password and passcode from the applicable menu function at any time as often as you like after you log on to Heritage Bank of the Ozarks Online Banking. 

You are responsible for (i) maintaining the confidentiality and security of all devices you use to access Heritage Bank of the Ozarks Online Banking, your Heritage Bank of the Ozarks Online Banking ID and Heritage Bank of the Ozarks Online Banking Password, any security question(s) and associated answer(s), Account number(s), and any other security or access information, used by you to access or use Heritage Bank of the Ozarks Online Banking (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Online Banking Services. You will be responsible for all electronic communications, including image transmissions, text messages, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify Heritage Bank of the Ozarks if you become aware of any loss, theft or unauthorized use of any Access Information, including your mobile devices. Heritage Bank of the Ozarks reserves the right to deny you access to the Online Banking Services (or any part thereof) if Heritage Bank of the Ozarks believes that any loss, theft or unauthorized use of Access Information has occurred. 

  9. ACCOUNTS.

You may access one or more Account(s) of which you are either an owner or, for business or commercial Accounts only, an authorized signer or otherwise authorized to access Heritage Bank of the Ozarks Online Banking on behalf of the Account owner, through Heritage Bank of the Ozarks Online Banking. If you desire services that allow you to initiate payments or transfers from the Account, you will need required withdrawal authority over the Account to be able to complete the Transaction. By using Heritage Bank of the Ozarks Online Banking, you agree to maintain one or more Accounts with us and to keep sufficient balances in your Account or Accounts to cover any Transactions and fees that are ultimately approved by or related to Heritage Bank of the Ozarks Online Banking. If an Account included in your Heritage Bank of the Ozarks Online Banking access is jointly held or has multiple signers, you agree that any and all use of your Heritage Bank of the Ozarks Online Banking ID and Password to obtain information concerning the Account and initiate Transactions on the Account is authorized, unless we have been notified (and have had a reasonable opportunity to act upon such notification) to cancel your Heritage Bank of the Ozarks Online Banking service in writing or to remove the jointly held or multiple signer Account from the Heritage Bank of the Ozarks Online Banking service. 

When you instruct Heritage Bank of the Ozarks to transfer funds between or among your Accounts through Heritage Bank of the Ozarks Online Banking, you authorize the Bank to withdraw the necessary funds from the Account you designate. As with any funds transfer request, whether or not utilizing Heritage Bank of the Ozarks Online Banking, you agree that you will instruct the Bank to make a withdrawal only when a sufficient balance is or will be available in your designated Account at the time of the withdrawal. Heritage Bank of the Ozarks will not be obligated to act on any withdrawal instruction from you if sufficient funds, including any overdraft lines of credit previously established for you, are not available in the Account you designate. 

If you use Heritage Bank of the Ozarks Online Banking to access an Account that requires more than one signature to authorize an Electronic Funds Transfer or to write a check or complete another Transaction, or your Account is subject to dollar or Transaction limits, the Bank will not monitor or restrict those aspects of those Accounts in relation to your use of Heritage Bank of the Ozarks Online Banking. When such a restricted Account is accessed, the authorized signers are jointly responsible for all Transactions that occur in the Account, whether performed by a single authorized party and whether the restrictions are violated or not. This provision shall supersede any contrary or conflicting provisions in your Account Documentation. You may remove a restricted Account from your Heritage Bank of the Ozarks Online Banking service. 

10. eSTATEMENTS.

Before receiving your statements electronically, you will need to agree to the Documents Agreement found here [link to documents agreement].  

11. CANCELLATION OFHERITAGE BANK OF THE OZARKS ONLINE BANKING 

Your Heritage Bank of the Ozarks Online Banking service may be canceled in whole or in part by Heritage Bank of the Ozarks at any time without prior notice for any reason, including, but not limited to, insufficient funds in one or more of your Accounts or other circumstances that may create an unanticipated liability to the Bank. The Bank will use commercially reasonable measures to notify you in advance of such cancellation, but is not obligated to do so. You understand and agree that such action is reasonable to protect Heritage Bank of the Ozarks from loss. 

After such cancellation by the Bank for insufficient funds, the Bank may reinstate your Heritage Bank of the Ozarks Online Banking service once sufficient funds are available in your Accounts to cover any fees and other pending Transactions or debits. You may request reinstatement of Heritage Bank of the Ozarks Online Banking service after such cancellation by calling Heritage Bank of the Ozarks at (417)532-2265. The Bank reserves the right, in its sole discretion, to refuse to reinstate Heritage Bank of the Ozarks Online Banking service if canceled by the Bank. 

You may cancel your Heritage Bank of the Ozarks Online Banking service at any time by notifying the Bank by mail at Heritage Bank of the Ozarks, Attention: Heritage Bank of the Ozarks Online Banking Department, 1475 S. Jefferson Ave, Lebanon, MO 65536. In the event of cancellation of your Heritage Bank of the Ozarks Online Banking service by either you or the Bank, you will remain responsible for all Transactions approved by Heritage Bank of the Ozarks through Heritage Bank of the Ozarks Online Banking prior to the cancellation, together with any other fees associated with the Heritage Bank of the Ozarks Online Banking service. 

12. BALANCE INQUIRIES, BILLPAYMENT AND FUNDS TRANSFER LIMITATIONS.

You may use Heritage Bank of the Ozarks Online Banking to check the balance of your Accounts and to transfer funds among your Accounts. There are no limits to the number of transfers or bill payments that can be made from any demand deposit or NOW Account (collectively referred to as “Checking Account”). Heritage Bank of the Ozarks’ Bill Payment service is currently available for use only with Heritage Bank of the Ozarks Checking and Money Market Accounts. 

The balances in your Accounts shown by Heritage Bank of the Ozarks Online Banking may include deposits still subject to verification by the Bank. The Account balances shown by Heritage Bank of the Ozarks Online Banking may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact the Bank’s Online Banking Department. 

The Account balances shown by Heritage Bank of the Ozarks Online Banking are updated periodically. There may be situations that cause a delay in an update of your balances. Heritage Bank of the Ozarks Online Banking will use the most current balance available in the Bank’s primary computer records at the time of a Transaction request in determining whether to approve the request. 

A Transfer may not be completed if we believe it is not genuine, conflicts with another instruction or relates to funds or an Account over which there is a dispute or restriction on withdrawal or if we suspect the transfer in question results from a breach in the confidentiality of a Security Procedure or relates to an Account or service that we suspect is being used for, or is the target of, fraudulent or illegal activity. 

Payment Methods. The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to the Bank for payment). 

13. EXTERNAL TRANSFERS.

The Online Banking Services available to you may include the ability to engage in external transfers (“ET Service”). You understand and agree that by entering into this Agreement, you consent to terms set forth herein with respect to the ET Service and if you do not agree to these terms specific to the ET Service, you should not use the ET Service. This ET Service allows you to transfer funds between your deposit Accounts and loans at Heritage Bank of the Ozarks and certain deposit accounts at other financial institutions (External Accounts). You will need to enroll each of your External Accounts that you wish to use for this ET Service. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this ET Service will be verified in accordance with Heritage Bank of the Ozarks’ procedures. The verification process must be completed by you prior to using the ET Service. You will have a defined number of days, as defined in Heritage Bank of the Ozarks Online Banking, after enrolling an account to complete the verification process. Verification instructions are displayed to you during the enrollment process. 

Unless displayed otherwise on the ET Service screens, funds requested to be transferred from your Heritage Bank of the Ozarks Account will be debited from your Heritage Bank of the Ozarks Account on the Business Day you initiate the transfer, provided you have met the cutoff time for submitting external transfers. Funds requested to be transferred to your Heritage Bank of the Ozarks Account will be credited to your Heritage Bank of the Ozarks Account within three (3) Business Days following the day you initiate the transfer, provided you have met the cutoff time for submitting external transfers. Funds requested to be transferred to your Heritage Bank of the Ozarks loan will be credited to your loan on the effective date of the transfer, which shall be no later than the Business Day following the day you initiate the transfer, provided you have met the cutoff time for submitting external transfers.  In the case of a future-dated or recurring transfer, these time limits will be the Business Day following the scheduled date of the transfer. Funds requested to be transferred will be debited/credited to the External Account according to the receiving bank’s availability and transaction processing schedule. 

Request for immediate transfers of funds cannot be cancelled. Future-dated and recurring transfers may be cancelled in some instances by contacting the bank at (417)532-2265, the Business Day prior to the scheduled transfer date. If the transfer status is “In Process,” “Pending,” or “Processed,” you cannot cancel the transfer. 

Transfers are subject to number and dollar limits, at Heritage Bank of the Ozarks’ discretion, unless otherwise agreed upon by you and Heritage Bank of the Ozarks. Limits will apply to the total of all external transfers of a specific type for all Accounts enrolled in the ET Service. Heritage Bank of the Ozarks may change your dollar limits and transfer limits at any time. 

14. HERITAGE BANK OF THE OZARKSBILL PAYMENT SERVICE.

Your daily limit for the total dollar amount of bill payments approved is governed by the daily available balance reflected in the Bank’s records for the Account you elect to use for making the payments. You can withdraw up to the available balance shown for the Account, as long as this balance represents sufficient funds to cover the total payments you have requested. Each payment will normally be charged to your Account on the business date it is approved. 

If for any reason Heritage Bank of the Ozarks Bill Payment cannot make a scheduled bill payment due to insufficient funds in your checking Account, we may either refuse to honor the request or complete the Transaction and thereby overdraw the Account or transfer funds from an associated Account. In any event, you are responsible for any Insufficient Funds or incidental charges that we may impose per the applicable Account agreement. 

Although bill payments may be scheduled for the current Business Day or any date in the future at any time, they will only be processed once a day at 2:00pm Central Time. If you attempt to schedule a payment for the same Business Day after the 2:00pm Central Time, the payment will be processed the following Business Day. Anything scheduled on a non-Business Day, will be processed the Business Day prior to the non-Business Day. 

Because we must forward the funds and billing information to the payee, some lead-time for payments is necessary. The minimum time frame you should allow between the initiation of each payment and the date on which the payment is due will generally be determined by the way in which the payment is to be sent to the payee. If we send a paper check through the U.S. Postal Service, we suggest that the payment should be initiated at least ten (10) Business Days prior to the Business Day on which the payee is to receive the payment for processing at its address. If we send an electronic payment, we believe sufficient lead-time for initiating the payment will be four (4) Business Days prior to the date on which the payee is to receive the payment. 

Special Information Regarding Canceling or Changing a Payment. To cancel or change a scheduled payment, the request must be submitted before the 2:00pm Central Time processing time on the scheduled payment date. Otherwise the payment will be processed according to its instructions at 2:00pm Central Time on the scheduled payment date. 

15. THE BANK’S LIABILITY FOR INCOMPLETE TRANSACTIONS.

It is the Bank’s responsibility to process and complete all payments and transfers properly initiated through Heritage Bank of the Ozarks Online Banking in accordance with this Agreement. We will be liable pursuant to applicable laws, rules, and regulations for damages, as provided in this Agreement, where Heritage Bank of the Ozarks does not complete a Transaction to or from an Account in the correct amount or causes a payment delay or fails to process a payment to be received by a payee/vendor by the tenth (10th) Business Day following the date on which your Account was charged for the payment. Funds transfers will be processed within two (2) Business Days of your completion of the funds transfer Transaction in Heritage Bank of the Ozarks Online Banking. 

NOT WITHSTANDING THE FOREGOING, HERITAGE BANK OF THE OZARKS WILL NOT BE LIABLE IF A TRANSACTION IS NOT COMPLETED DUE TO ANY OF THE FOLLOWING: 

1. The available balance in your Account that is to fund the bill payment or funds transfer is insufficient at the time that Heritage Bank of the Ozarks Online Banking attempts to complete the Transaction; 
2. Funds in your Account are subject to legal process or other encumbrances restricting the bill payment or funds transfer; 
3. You had knowledge of or questions about the possible malfunction of Heritage Bank of the Ozarks Online Banking or the Bank’s main computer system when you initiated the Transaction; 
4. The failure of Heritage Bank of the Ozarks Online Banking to complete the bill payment or funds transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably designed and adapted to avoid any such error; 
5. Any information you provide is incorrect; 
6. We suspect fraudulent or illegal activity with respect to the requested Transaction or your Account; 
7. There are any delays by any other parties; 
8. Natural disasters (e.g., fire, flood, tornado, etc.) or other uncontrollable circumstances (e.g., mail delays, power failures, civil disobedience, etc.) prevent proper completion of the Transaction despite reasonable precautions we have taken; 
9. Other applicable laws, rules, and/or regulations exempt Heritage Bank of the Ozarks from liability; 
10. It can be shown, with regard to bill payment, that the merchant or Payee received the payment within Heritage Bank of the Ozarks Online Banking’s normal delivery time frame and failed to process the payment through no fault of the Bank or its service providers; 
11. It can be shown that any delay may have been caused by a malfunction in communications facilities not under the Bank’s control that may have affected the accuracy or timeliness of a bill payment or funds transfer; 
12. It can be shown that a delay may have been caused by a malfunction in your Internet service provider or browser software, or by a computer virus or related problem which may be attributable to your Internet service provider, your use of the Internet, or your use of any computer software or external storage device; or 
13. If a delay causes you no losses or damages which you could prove in a court of appropriate jurisdiction. 
    

16. NOTICE OF YOUR RIGHTS AND LIABILITIES.

Notify the Bank immediately if your Heritage Bank of the Ozarks Online Banking ID, Password, or other credentials have been compromised, lost, stolen, or used without your authorization. Failure to notify us immediately could result in your loss of all funds accessible through your Heritage Bank of the Ozarks Online Banking Password. Telephoning us at (417)532-2265 is the best way of limiting your possible loss. You could lose all the money in your Accounts, plus the full amount of any pre-approved overdraft line of credit or overdraft privilege, if you have one.  Please refer to the Rules and to the Account Documentation for important information about your rights and responsibilities regarding unauthorized transfers. 

You may terminate any agreement authorizing funds transfers to or from your Account by written notice to either the person or company initiating the transfer and Heritage Bank of the Ozarks. Only funds transfers scheduled to occur after the Bank receives your notification are affected. Your written notice must be received by the Bank with enough time so that both the Bank and the other person or company have a reasonable opportunity to act on your request. 

17. ELECTRONIC FUNDS TRANSFER PROVISIONS INCLUDING ERRORS AND QUESTIONS (CONSUMER CUSTOMERS).

(a) Applicability 

The provisions in this Section apply only to electronic funds transfers (“EFTs”) that debit or credit a Consumer’s checking, savings or other Account and are subject to Regulation E (12 C.F.R. Part 1005). This Section does not apply to business or commercial Accounts. 

When applicable, we may rely on any exceptions to the provisions in this Section that are covered in Regulation E. All terms in this Section not defined in this Agreement but defined in Regulation E will have the meaning given in Regulation E. 

(b) Your Liability 

Except for EFTs to or from brokerage accounts, your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows: 

1. If you notify us within two (2) Business Days after learning of the loss or theft of your password, your liability will not exceed $50 or the amount of unauthorized EFTs that occur before notice to us, whichever is less. 

1. If you notify us more than two (2) Business Days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of (i) $50 or the amount of unauthorized EFTs that occur within the two (2) Business Days, whichever is less, and (ii) the amount of unauthorized EFTs that occur after the close of two (2) Business Days and before notice to us (provided that we establish that these EFTs would not have occurred had you notified us within the two (2) Business Day period). 

To avoid liability for subsequent transfers, you must report unauthorized EFTs that appear on a periodic statement within sixty (60) days of our transmittal of the statement. If you do not, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the sixty (60) days and before notice to us, and that we establish would not have occurred had you notified us within the sixty (60)-day period. You may also be liable for the amounts described above. 

If your delay in notifying us was due to extenuating circumstances, we may extend the times specified in the immediately preceding paragraphs to a reasonable period. 

(c) Errors/Unauthorized Electronic Funds Transfers/Questions 

In cases of errors or questions concerning EFTs completed with Heritage Bank of the Ozarks Online Banking, do one of the following, as soon as possible: call the Bank at (417)532-2265; or write to the Bank at Heritage Bank of the Ozarks, Attention: Heritage Bank of the Ozarks Regulation E Dispute Department, 1475 S. Jefferson Ave, Lebanon, MO 65536; or, initiate a payment inquiry through Heritage Bank of the Ozarks Online Banking. 

We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Please include the following information: 

1. Your name; 
2. Your Account Number and Heritage Bank of the Ozarks Online Banking ID; 
3. Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information; 
4. The dollar amount of the error; and 
5. If the error or question relates to Heritage Bank of the Ozarks Bill Payment, include the following additional information:

1. 1. The Account number of the Heritage Bank of the Ozarks checking Account used to pay the bill;

1. 1. The payee name; 
   2. The date the payment was sent; 
   3. The confirmation number for the payment received through Heritage Bank of the Ozarks Online Banking; 
   4. The payment amount; and 
   5. Your Account number with the payee for the payment in question. 

If you report a problem by phone, we may need you to submit your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will promptly correct any error and report the results of our investigation within three (3) Business Days after completing the investigation. If we need more time to conduct our investigation, we will notify you of our need for an extension of up to forty-five (45) days. If we decide to do this, we will provisionally credit your Account within ten (10) Business Days for the amount you think is in error, so you can use the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within ten (10) Business Days, we may not provisionally credit your Account. 

For errors involving new Accounts, point-of-sale or foreign-initiated Transactions, our investigation may take up to ninety (90) calendar days. For new Accounts, we may take up to twenty (20) Business Days to provisionally credit your Account for the amount you think is in error. We will tell you the results within three (3) Business Days after completing our investigation. 

If we decide that no error occurred, we will send you an explanation within three (3) Business Days after the conclusion of our investigation. You can ask for copies of the documents that we used in the investigation. 

(d) Changes to Debit Amounts 

If you authorize a person to regularly debit your Account, and the amount varies from the previous amount debited, he/she must tell you, at least ten (10) days before each debit, when the debit will be made and how much it will be. 

(e) Stop Payment Orders for Pre-authorized Electronic Funds Transfers 

To place a stop payment order on preauthorized EFTs, call us at the number listed on the statement for your Account or at the number above, at least three (3) Business Days before the scheduled transfer date. We’ll need: 

1. Your name and the Account number associated with the transfer; 

1. The exact name of the payee; 

1. The exact payment amount; and 

1. The scheduled transfer date. 

If you do not provide correct and complete information, we may not be able to stop payment of the preauthorized EFT. If we pay a preauthorized EFT despite a valid stop payment order, we may require you to provide us with an affidavit describing in detail the dispute. 

If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You may be charged a fee for placing a stop payment.  Please refer to the schedule of fees. 

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. 

(f) Acknowledgments and Agreements 

You agree to indemnify and hold us harmless from and against any loss incurred by us if we do not pay a preauthorized EFT because: 

1. Any of the information relied upon in the stop payment order is incorrect or incomplete; or 

1. A valid stop payment order is in effect. 

18. Person-to-Person Payment Service

This section covers all funds transfers using the Person-to-Person Payment Service initiated by you from time to time through Online Banking and all funds received into an account at Heritage Bank of the Ozarks owned by you through the Person-to-Person Payment Service.  

Definitions 

 In addition to terms defined above as used in this Section the following terms have the meanings given below: “ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.  

“Eligible Account" means any Heritage Bank of the Ozarks transaction deposit account owned by you that is eligible to be used with the Person-to-Person Payment Service. 

“NACHA" means the National Automated Clearing House Association. 

“NACHA Rules" means the NACHA Operating Rules and NACHA Operating Guidelines, as in effect from time to time.  

Description of Service. The Person-to-Person Payment Service enables you: (1) to initiate a payment transaction from an Eligible Account to an account at a U.S. financial institution; and/or (2) to receive a payment transaction from another person into an Eligible Account. Heritage Bank of the Ozarks generally uses the ACH Network to execute Person-to-Person Payment Service payment transactions; however, other payment networks may be used to facilitate the execution and transmission of payment transactions. All payment transactions must be made through Online Banking and are subject to the terms of the Deposit Agreement, this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payment transactions may be made through Online Banking and is subject to the terms of the Deposit Agreement, this Agreement and applicable laws and regulations, in each case as in effect from time to time.  

Types of Transfer Requests. You may initiate (a) a one-time payment transaction to a receiver for which processing shall be initiated immediately, (b) a one-time payment transaction to a receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of payment transactions to a receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on Online Banking. Payment transactions initiated to receivers are processed in two ways. You can provide all the required information about the receiver and his or her account necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the receiver (including an email address or mobile telephone number) and the Person-to-Person Payment Service may contact the receiver and request that the receiver (i) provide information so that we may validate the identity of the receiver at the Person-to-Person Payment Website and then (ii) provide Eligible Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the receiver maintains an account with an institution that participates in the Person-to-Person Payment Service, the receiver may access the Person-to-Person Payment Service at his or her financial institution's website or mobile application to complete the payment transaction and receive the payment.  

Processing Person-to-Person Payment Transfer Requests. You understand and agree that when you initiate a payment transaction from an Eligible Account using the Person-to-Person Payment Service, the processing of the payment transaction will begin and the debiting of your Eligible Account will occur as early as the day of such initiation. However, the funds will be transferred into the receiver's account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date, and the debiting of your Eligible Account will occur as early as the specified date(s). However, the funds will be transferred into the receiver's account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the receiver's account (even if debited or withdrawn from your Eligible Account) may be delayed if the receiver has not provided the Person-to-Person Payment Service with certain required information, such as his or her account information.  

You acknowledge and agree that it is the responsibility of the sender and the receiver to ensure the accuracy of any information that they enter into the Person-to-Person Payment Service (including but not limited to the payment instructions and name, telephone number and/or email address that the sender enters for the receiver to whom you are sending the payment transaction), and for informing you as soon as possible if we become aware that this information is inaccurate. Neither the sender nor receiver may use a P.O. Box as a postal address.  

Receiving Payments. If another person wants to send you a payment transaction using the Person-to-Person Payment Service to an Eligible Account you hold with us, he or she can do that from an account at a financial institution that participates in the Person-to-Person Payment Service or at the Person-to-Person Payment Website.  

You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Eligible Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Account. You authorize the sender, the financial institution which holds the sender's account and the Person-to-Person Payment Website to send emails to you and text messages to your mobile phone in connection with the sender’s initiation of payment transactions to you, and, as a receiver, you may also receive electronic gift cards or requests from others for payment through the Person-to-Person Payment Service. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the sender to send them to you.  

Authorization to Transfer Funds Using Person-to-Person Payment Service. You hereby represent and warrant to Heritage Bank of the Ozarks that you own each Eligible Account and have full right and authority to all the funds on deposit therein. In addition, you authorize Heritage Bank of the Ozarks to execute and charge your Eligible Account(s) for any Person-to-Person Payment Service transfer request, including any related fees, subject to any applicable limits as to dollar amount and time to complete transfers, when your Person-to-Person Payment Service transfer requests are made in accordance with the procedures established by Heritage Bank of the Ozarks. You understand and acknowledge that Heritage Bank of the Ozarks has no obligation to execute any request for a transfer using the Person-to-Person Payment Service that is not initiated in accordance with such procedures. You further acknowledge that the acceptance and processing of a Person-to-Person Payment transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time.  

Information Relied Upon by Heritage Bank of the Ozarks. You acknowledge and agree that Heritage Bank of the Ozarks is relying upon the information you provide in originating a Person-to-Person Payment Service transfer on your behalf. Any errors in the information, including incorrect or inconsistent recipient names, email addresses, mobile phone numbers or account numbers or the recipient’s financial institutions' ABA number or name, as well as providing incorrect information in connection with transfer from other persons to your account, are your responsibility. You understand and agree that if Person-to-Person Payment Service transfer instructions identify an account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. You understand that financial institutions holding the account may not investigate discrepancies between names and numbers. In addition, you agree that Heritage Bank of the Ozarks has no responsibility to investigate discrepancies between names and account numbers.  

Limits on Person-to-Person Payment Transfers. Our Service Provider will establish transfer limit amounts for a single transaction, Daily, Monthly* and Total Outstanding, based on their risk analysis performed for your Eligible Account(s). Transfer limits are calculated against all outstanding transfers, which are transfers that have been requested but not yet paid. *For purposes of the "monthly" transfer limits, a month means the thirty (30) calendar days immediately prior to the date on which a Person-to-Person Payment transfer request is processed by Heritage Bank of the Ozarks.  

IMPORTANT: Heritage Bank of the Ozarks may deny or limit specific transfers if we have any reason to question the authorization for, or security of, the transaction.  

Payment Methods. Heritage Bank of the Ozarks reserves the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Account is closed or otherwise unavailable. These payment methods may include, but may not be limited to, an electronic or paper check payment.  

Service Fees and Additional Charges. You understand and agree that you are responsible for paying all fees associated with your use of the Person-to-Person Payment Service. You authorize Heritage Bank of the Ozarks to charge your Eligible Account (or any other of your accounts at Heritage Bank of the Ozarks) for any service or other fees and charges applicable to transfers requested through the Person-to-Person Payment Service in accordance with Heritage Bank of the Ozarks’ Fee Schedule in effect at the time you make a Person-to-Person Payment Service transfer request. Heritage Bank of the Ozarks reserves the right to change the fees charged for use of the Person-to-Person Payment Service.  

Unsuccessful or Returned Person-to-Person Payment Transfers. When you request a transfer from an Eligible Account using the Person-to-Person Payment Service, the transfer may not be completed for various reasons. If you have not provided complete and accurate required information regarding the recipient, the Person-to-Person Payment Service cannot complete the transfer. If you fail a verification of your identity that is required in connection with scheduling a Person-to-Person Payment transfer, your requested transfer will be placed on hold, and if you do not call Heritage Bank of the Ozarks at (417)532-2265 (or the number on the back of your Heritage Bank of the Ozarks debit card) or take other prescribed actions within required time frames to remove the hold, the transaction will be cancelled.  

If you do not have sufficient funds in your Eligible Account from which you have requested a transfer to be made, the transfer may not be completed. In each such case, you agree that: 

(a) You will reimburse Heritage Bank of the Ozarks immediately upon demand the amount of the payment transaction if you have delivered the payment to the receiver but there are insufficient funds in your Eligible Account to allow you to complete the debit processing; 

(b) You may be assessed an insufficient funds fee if the payment transaction cannot be debited because you have insufficient funds in your Eligible Account to cover the requested transfer, or if you cannot otherwise collect the funds from you; the fee amount will be as set forth in Heritage Bank of the Ozarks’ Fee Schedule or your Account Agreement. You authorize us to deduct these amounts from your Eligible Account by ACH debit;  

(c) You will reimburse us or our service provider for any fees or costs we incur in attempting to collect any amounts from you; and  

(d) Heritage Bank of the Ozarks is authorized to report the facts concerning the return to any credit reporting agency. 

Rejection of a Person-to-Person Payment Transfer Request. We reserve the right to reject your Person-to-Person Payment transfer request. We may reject your request if the dollar value of one or more of your transfer requests exceed any of your transfer limits (as more fully described above), if you have insufficient available funds in your Eligible Account for the amount of the Person-to-Person Payment Service transfer, plus any applicable fee, if your request is incomplete or unclear, if you identify a security risk related to a requested transfer or if you are unable to fulfill your request for any other reason. You understand and agree that if we reject a request for a Person-to-Person Payment Service transfer for one or more of the reasons set forth above, you will be informed of the rejection during your online session or by e-mail as soon thereafter as we have determined to reject the request.  

Cancellation, Stop Payment Requests and Refused Payments. You may cancel the initiation of a Person-to-Person Payment transfer or stop a Person-to-Person Payment transfer at any time until the processing of the Person-to-Person Payment transfer into the receivers account has begun. You understand that your ability to stop a Person-to-Person Payment transfer or recover funds associated with an unauthorized Person-to-Person Payment transfer will depend on the manner in which the transfer was initiated, and whether the transfer to the receivers account has begun processing. You agree that we will have no liability to you for failing stop a Person-to-Person Payment transfer at your request or recover funds associated with an unauthorized Person-to-Person Payment transfer. You agree that we may assess a fee for each stop payment or fund recovery request in accordance with the current Heritage Bank of the Ozarks Fee Schedule.  

Payments not claimed by a receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When you initiate a payment transaction, the receiver is not required to accept the payment transaction. You agree that as a sender you will not hold Heritage Bank of the Ozarks liable for any damages resulting from a receiver’s decision to accept or not to accept a payment transaction initiated or attempted through the Person-to-Person Payment Service.  

Delays, Non-Execution of Funds Transfer Request. You agree that Heritage Bank of the Ozarks shall not be responsible for any delay, failure to execute, or mis-execution of your funds transfer request due to circumstances beyond Heritage Bank of the Ozarks reasonable control, including, without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your funds transfer request to the bank or execution of such request by the bank, whether caused by acts of God, network or system outages, strikes, fires, floods, power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank. HERITAGE BANK OF THE OZARKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING THE FAILURE OF ANY INTERMEDIARY BANK OR YOUR RECIPIENTS BANK TO CREDIT YOUR RECIPIENT WITH THE AMOUNT OF THE FUNDS TRANSFER AFTER RECEIPT OF SAME.  

Notices to You Regarding the Person-to-Person Payment Service. You agree that we may provide notice to you by posting such notice on Online Banking, e-mailing it to an e-mail address that you have provided to us, mailing it to any postal address that you have provided to us, or sending it as a SMS text message to any mobile phone number that you have provided to us, including but not limited to the e-mail address or mobile phone number that you have listed in your Person-to-Person Payment Service setup or customer profile. You will be deemed to have received any notice given by any of these methods (regardless of whether you have actually seen the notice) no later than twenty-four (24) hours after the notice is sent or posted, except for notice by postal mail, which will be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described below under "Notices to Heritage Bank of the Ozarks Regarding the Person-to-Person Payment Service." You understand that electronic communications are an integral part of the Person-to-Person Payment Service and acknowledge that we reserve the right to terminate your use of the Person-to-Person Payment Service if you withdraw your consent to receive electronic communications.  

By providing us with a telephone number (including a wireless/cellular, mobile telephone number), you consent to receiving autodialed and prerecorded message calls from us at that number for nonmarketing purposes.  

Notices to Heritage Bank of the Ozarks Regarding the Person-to-Person Payment Service. Any notice to Heritage Bank of the Ozarks concerning Online Banking or the Person-to-Person Payment Service must be sent by postal mail to: Heritage Bank of the Ozarks, 1475 S. Jefferson Ave, Lebanon, MO 65536. We may also be reached at (417)532-2265 for questions and other purposes concerning the Person-to-Person Payment Service, but such telephone calls will not constitute legal notices under this Agreement.  

Prohibited Payments. You acknowledge and agree that the following types of payments are prohibited through the Person-to-Person Payment Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:  

(a) Payments to or from persons or entities located outside of the United States; and  

(b) Payments that violate any law, statute, ordinance or regulation; and  

(c) Payments that violate the "Acceptable Use" statement below; and  

(d) Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and  

(e) Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and  

(f) Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of travelers checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and  

(g) Tax payments and court-ordered payments.  

In addition to the prohibited payments described above, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event will Heritage Bank of the Ozarks or its service providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. You will promptly notify us of any violations of this section.  

Refused Payments. We reserve the right to refuse to pay any receiver. We will notify you promptly if we decide to refuse to pay a receiver designated by the sender. However, this notification is not required if you attempt to make a prohibited payment under this Agreement.  

Receipts and Transaction History. You may view your transaction history by logging into online banking and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.  

Eligibility. The Person-to-Person Payment Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Person-to-Person Payment Service is not offered to minors. By using the Person-to-Person Payment Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.  

Mobile Phone Users. You understand that your phone service provider is not the provider of the Person-to-Person Payment Service. Users of the Person-to-Person Payment Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.  

Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Heritage Bank of the Ozarks is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.  

Address or Banking Changes. It is your sole responsibility, and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, your name, physical address, phone numbers and email addresses. Changes can be made through online banking or by contacting Heritage Bank of the Ozarks at (417)532-2265. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Account, payment instructions or contact information.  

Claims; Limitation of Liability; No Warranty. You agree that within thirty (30) days after you receive notification that your Person-to-Person Payment Service transfer request has been completed or that you have been the recipient of funds sent through the Person-to-Person Payment Service, you will tell us of any errors, delays, or other problems related to your request. If your funds transfer request or your receipt of funds is delayed or erroneously executed as a result of our error, our sole obligation to you is to pay or refund such amounts as may be required by applicable law. Any claim for interest payable by Heritage Bank of the Ozarks shall be at Heritage Bank of the Ozarks' published savings account rate in effect within the state of the branch of the account from which the funds transfer was made. In any event, if you fail to notify us of any claim concerning your funds transfer request or your receipt of funds within one (1) year from the date that you receive notification that your request has been executed or the funds have been deposited in your account, any claim by you shall be barred under applicable law. 

Arbitration of Disputes. You understand and agree that, to the extent authorized in the section of your Deposit Agreement entitled "Arbitration Provision" either party may require any dispute arising from a Person-to-Person Payment Service request or transaction to be resolved by binding arbitration. Service Providers. We are offering you the Person-to-Person Payment Service through one or more service providers that we have engaged to render some or all of the Person-to-Person Payment Service to you on our behalf. You agree that we have the right under this Agreement to delegate to service providers all of the rights and performance obligations that we have under this Agreement, and that the service providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.  

Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of Online Banking or the Person-to-Person Payment Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. 

The following provisions apply to your use of the mobile deposit services within Heritage Bank of the Ozarks Online Banking (“Mobile Deposit Services”).  For consumer customers, the Mobile Deposit Services are provided to you at no charge. However, for all customers, mobile deposits to an Account count towards any deposit limits or “excess deposit” fees applicable to that Account – exceeding those deposit limits or creating excess deposits may result in fees or charges.  See the fee schedules that apply to your Account(s). 

To use the Mobile Deposit Services, you must have a supported mobile device (e.g., smartphone, tablet, etc.) with a supported camera and a supported operating system, and access to the Internet.  You must also download our Mobile App to your mobile device. Heritage Bank of the Ozarks does not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with the Mobile Deposit Services. 

We may, at our option, automatically enroll one or more of your Accounts for Mobile Deposit Services.  We may also, at our option, suspend or terminate your enrollment in Mobile Deposit Services with respect to one or more Accounts, in our sole discretion.  We will provide you with notice of any such enrollment or suspension as required by applicable law. 

When using the Mobile Deposit Services, you may experience technical or other difficulties. Heritage Bank of the Ozarks does not assume responsibility for any such difficulties or any resulting damages that you may incur. For security reasons, the Mobile Deposit Services have qualification requirements, and Heritage Bank of the Ozarks reserves the right to change the qualifications at any time without prior notice. Heritage Bank of the Ozarks reserves the right to change, suspend or discontinue the Mobile Deposit Services, in whole or in part, or your use of the Mobile Deposit Services, in whole or in part, immediately and at any time without prior notice to you. Heritage Bank of the Ozarks reserves the right to limit the number of mobile devices through which you may access the Mobile Deposit Services. 

Except as expressly provided herein, deposits made though the Mobile Deposit Services are subject to all limitations and terms set forth in the Account Documentation, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors. 

You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229 (“Reg CC”). 

You agree that the image of the check transmitted to Heritage Bank of the Ozarks shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code. You agree that you will not use the Mobile Deposit Services to scan and deposit any of the following checks or other items: (i) checks or items payable to any person or entity other than you, or to you and another party; (ii) checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn; (iii) checks or items previously converted to a substitute check, as defined in Reg CC; (iv) checks or items drawn on a financial institution located outside the United States; (v) checks or items that are remotely created checks, as defined in Reg CC; (vi) checks or items not payable in United States currency; (vii) checks or items issued by a US federal agency; and/or (viii) money orders, savings bonds or traveler’s checks. 

Nothing herein will be construed as requiring Heritage Bank of the Ozarks to accept any check or item for deposit, even if Heritage Bank of the Ozarks has accepted that type of check or item previously. Nor shall Heritage Bank of the Ozarks be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements herein. 

The image of a check or item transmitted to Heritage Bank of the Ozarks using the Mobile Deposit Services must be legible. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by us, and with any requirements set by any clearing house we use or agreement we have with respect to processing checks or items. You agree that Heritage Bank of the Ozarks shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item, including if you enter the incorrect amount of the check or item as a deposit is made through the Mobile Deposit Services. If Heritage Bank of the Ozarks determines that the check or item is for a different amount, Heritage Bank of the Ozarks may adjust the deposit amount and notify you of the adjustment. 

Before transmission to Heritage Bank of the Ozarks, you agree that you will restrictively endorse any check or item transmitted through the Mobile Deposit Services as provided in this Agreement. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Services as Heritage Bank of the Ozarks may establish from time to time. You agree to supply any information in your possession that Heritage Bank of the Ozarks requests regarding a check or item deposited or attempted to be deposited through the Mobile Deposit Services.  Examples of a restrictive endorsement include e.g., “Mobile Deposit Only” or checking the “Mobile Deposit Only” box under the signature, or “Electronically Presented” as described below. 

Heritage Bank of the Ozarks reserves the right to reject any check or item transmitted through the Mobile Deposit Services, at its discretion, without liability to you. Heritage Bank of the Ozarks is not responsible for checks or items it does not receive in accordance with the terms set forth herein or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from Heritage Bank of the Ozarks that we have received the image. 

Heritage Bank of the Ozarks reserves the right to impose limits on the amount(s) and/or number of deposits (over a period of time we establish) that you transmit using the Mobile Deposit Services and to modify such limits from time to time.  Limits we establish will apply to all checks and/or items deposited via Mobile Deposit Services and may be imposed generally or specifically with respect to your Accounts.  If we set specific limits for your Accounts, we will give you notice of such limits as required by applicable law.   In the event that you exceed any such limits, we may place a hold on one or more of your deposits – this may include any check or item you deposit using Mobile Deposit Services, including, without limitation, treasury checks, cashier’s checks, official checks, and postal or other money orders. 

You acknowledge that funds deposited remotely using Mobile Deposit Services (“Mobile Deposits”) are not subject to the funds availability requirements of Reg CC. Mobile Deposits will generally be available on the same Business Day.  However, we will impose a hold on any item if (and to the extent) the amount of the item exceeds one-third of your monthly Mobile Deposit limit.  

Tap “Deposit Limits” within the Mobile App to view your monthly Mobile Deposit limit.  Any funds held will generally not be available until the seventh Business Day after the day of your deposit.  

If an image of an item you transmit through the Mobile Deposit Service is received and accepted before 4:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open.  

In addition to the holds previously described, in some other cases, we may delay the availability of Mobile Deposits for a longer period.  For example, Mobile Deposits may be delayed for a longer period when we believe the Mobile Deposit will not be paid; you make a Mobile Deposit that has previously been returned unpaid; you have overdrawn your Account repeatedly in the last six months; or there is an emergency, such as a failure of computer or communications equipment.  In such cases, we will notify you, and we will tell you when the funds will be available.  

Heritage Bank of the Ozarks reserves the right to change the Business Day Cutoff Times for items deposited via Mobile Deposit Services at any time as permitted by law. Regardless of whether Heritage Bank of the Ozarks establishes later cutoff times for items deposited via Mobile Deposit Services, you understand and agree that checks and items must be received and accepted by Heritage Bank of the Ozarks before the applicable Business Day Cutoff Time and must not be incomplete, illegible or erroneous to be eligible for same-day crediting. This means you may not be able to make withdrawals against deposits made through the Mobile Deposit Services until the deposit has been posted to your Account. 

After a check or item has posted to your Account, you agree to prominently mark the check or item as “Electronically Presented.” You agree never to re-present to Heritage Bank of the Ozarks or any other party a check or item that has been deposited through the Mobile Deposit Services unless Heritage Bank of the Ozarks notifies you that the check or item will not be accepted for deposit through the Mobile Deposit Services. You will promptly provide any check or item, or a sufficient copy of the front and back of the check or item, to Heritage Bank of the Ozarks as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for Heritage Bank of the Ozarks’ audit purposes. You agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through the Mobile Deposit Services and have cleared to ensure that such checks and items are not re-presented for payment and, prior to disposal or destruction, to safeguard such checks and items. 

The manner in which the checks and items are cleared, presented (or re-presented) for payment, and collected shall be in Heritage Bank of the Ozarks’ sole discretion as set forth herein. 

You represent and warrant to Heritage Bank of the Ozarks that: 

1. You will only transmit eligible checks and items that you are entitled to endorse, and all checks and items will include all signatures required for their negotiation; 

2. Before transmission to Heritage Bank of the Ozarks, you agree that you will restrictively endorse the back of any check transmitted through the Mobile Deposit Services: “For Mobile Deposit at Heritage Bank of the Ozarks Only” and, where available, by checking the box named “CHECK HERE IF MOBILE DEPOSIT”; 

3. You will transmit to us only eligible checks that are suitable for processing, including, but not limited to, checks that are legible and contain machine-readable MICR data; 

4. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party; 

5. You will not deposit or re-present the original check or item with Heritage Bank of the Ozarks or any other party; 

6. You will prominently mark the check or item as “Electronically Presented” after a check or item has posted to your Account and after transmitting the eligible check to us, you will retain the original paper checks for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days, from the transmission date (the “Retention Period”), and you will retain and store the original paper checks in a secure and locked container that is only accessible by persons needing access to such paper checks, and finally during the Retention Period and upon our request, you agree to provide us with the original paper checks; once the Retention Period has expired, you will securely and irretrievably destroy original paper checks from which you have previously created and submitted to us through use of the Mobile Deposit Services; 

7. You will not store or make a back-up copy of any check; 

8. All information you provide to Heritage Bank of the Ozarks is accurate and true, including that all images transmitted to Heritage Bank of the Ozarks accurately reflect the front and back of the check or item at the time it was imaged; 

9. You will comply with this Agreement and all applicable laws, rules, and regulations and any and all other procedures and instructions for use of the Mobile Deposit Services as Heritage Bank of the Ozarks may establish from time to time; 

10. You will supply any information in your possession that Heritage Bank of the Ozarks requests regarding a check or item deposited or attempted to be deposited through the Mobile Deposit Services; 

11. You will use the Mobile Deposit Services only for your own deposits and will not allow the use of the Mobile Deposit Services by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Mobile Deposit Services by or for the benefit of any third party; and 

12. By your utilization of the Mobile Deposit Services you acknowledge that the third-party service provider of the Mobile App may have access to the nonpublic personal information transmitted by you through the Mobile App. 

13. In addition to your other indemnification obligations as set forth herein, you agree to indemnify and hold harmless Heritage Bank of the Ozarks from any loss arising directly or indirectly from or related to any breach of this warranty provision or the terms relating to your use of the Mobile Deposit Services. 

You understand that your use of the Mobile App and Mobile Deposit Services may be subject to your agreement to, and compliance with, certain third-party terms (e.g., Apple and/or Google) and that Heritage Bank of the Ozarks is not responsible for nor shall it be liable to you with respect to any such third-party terms. 

Heritage Bank of the Ozarks reserves the right to terminate, modify, add and remove features from the Mobile Deposit Services at any time in Heritage Bank of the Ozarks’ sole discretion. You may reject changes by discontinuing use of the Mobile Deposit Services. Your continued use of the Mobile Deposit Services will constitute your acceptance of and agreement to such changes. Maintenance to the Mobile Deposit Services may be performed from time-to-time resulting in interrupted service, delays or errors in the Mobile Deposit Services, and Heritage Bank of the Ozarks shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance may be made, but Heritage Bank of the Ozarks cannot guarantee that such notice will be provided. 

You may cancel the Mobile Deposit Services at any time by calling (417)532-2265 and allowing Heritage Bank of the Ozarks a reasonable opportunity to act upon your request. If you cancel, Heritage Bank of the Ozarks will not refund any portion of any fee assessed for any checks and items previously deposited via Mobile Deposit Services. Heritage Bank of the Ozarks will have no obligation to honor any instruction, in whole or in part, that (i) Heritage Bank of the Ozarks reasonably believes is used for any illegal or improper purpose or activity; (ii) Heritage Bank of the Ozarks has reason to believe may not be authorized by you; (iii) would violate any law, rule or regulation applicable to Heritage Bank of the Ozarks or the Mobile Deposit Services; (iv) is not in accordance with any other requirement stated in this Agreement or any of Heritage Bank of the Ozarks’ policies, procedures or practices; or (v) for Heritage Bank of the Ozarks’ protection or yours, Heritage Bank of the Ozarks has reasonable cause not to honor. Heritage Bank of the Ozarks reserves the right to refuse to honor an instruction or suspend or terminate the Mobile Deposit Services, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) Heritage Bank of the Ozarks has any reason to believe that your Account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your Access Information; or (b) Heritage Bank of the Ozarks believes the Mobile Deposit Services are not being used for the intended, bona fide and lawful purposes under this Agreement; (c) Heritage Bank of the Ozarks has reason to believe the Mobile Deposit Services are being used in an anti-competitive manner or contrary to Heritage Bank of the Ozarks’ business interests; (d) your Account is closed, access to your Account is restricted for any reason, or if you do not use the Mobile Deposit Services for a period of time; or (e) following initial enrollment you do not use the Mobile Deposit Services. Termination will not affect your liability or obligations under this Agreement or any other agreements you have with Heritage Bank of the Ozarks for actions that Heritage Bank of the Ozarks has taken on your behalf. 

You agree that Heritage Bank of the Ozarks retains all ownership and proprietary rights in the Mobile Deposit Services, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Mobile Deposit Services, including the Mobile App. You may use the Mobile Deposit Services only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Mobile Deposit Services. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the Mobile App or any other part of the Mobile Deposit Services, in any manner contrary to the terms of this Agreement, Heritage Bank of the Ozarks shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions. 

HERITAGE BANK OF THE OZARKS IS ONLY RESPONSIBLE FOR PERFORMING THE MOBILE DEPOSIT SERVICES AS EXPRESSLY STATED HEREIN. THERE IS NO GUARANTEE THAT ACCESS TO THE MOBILE DEPOSIT SERVICES WILL BE AVAILABLE AT ALL TIMES, AND HERITAGE BANK OF THE OZARKS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE MOBILE DEPOSIT SERVICES. THE MOBILE DEPOSIT SERVICES ARE PROVIDED “AS-IS” AND, EXCEPT AS PROHIBITED BY LAW, HERITAGE BANK OF THE OZARKS AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE MOBILE DEPOSIT SERVICES, MOBILE APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. 

You agree that you will not use the Mobile Deposit Services in locations that are prohibited under U.S. laws, rules, and regulations, including laws and regulations issued by the Office of Foreign Assets Control. 

20. CARD ACTIVATION, CARD MANAGEMENT AND ALERT SERVICES.

Your enrollment in Heritage Bank of the Ozarks Online Banking may include access to activate cards associated with your Account (“Card Activation”), to manage cards associated with your Account (“Card Management”) and to receive certain alerts (“Alert Services”). By receiving or otherwise using these services, you agree to the following terms. 

(a) Card Activation 

Card Activation is designed to allow you to activate your ATM or debit card through Online Banking. By activating your card, you acknowledge that the card was issued to you, and you acknowledge receipt of and agree to the Account Documentation for the card and any associated Account. 

(b) Card Management 

Card Management is designed to allow you to temporarily or permanently disable your ATM, debit, or credit card in the event it is misplaced, lost, or stolen, and to reorder a card if you need a replacement. When a card is disabled, Transactions using that card will be declined except as provided below. Card Management does not allow for the cancellation of authorized or pre-authorized card Transactions and is not intended as a method for stopping payment of such Transactions. All Transactions for which there is a prior authorization before the card is disabled will be paid, and recurring Transactions may continue to post. In addition, disabling a card will not prevent credits or deposits from being processed. 

In addition, Card Management may allow you to request us to block certain Transactions based on spending limits, locations, merchant types, or Transaction types. Card Management may allow you to enter travel notes on your ATM or debit card. You understand that merchants are assigned a merchant code and other parameters that we rely on when implementing these requests and that we do not have control over the assigned merchant code or other parameters. While the merchant code is typically assigned based on the line of business and type of products and/or services primarily sold or provided by the merchant, some merchants you expect would fall within a certain type may not. Similarly, certain parameters establishing a merchant’s location may not be what you expect. Consequently, some Transactions you expect would be blocked may not be. 

When you restrict usage of your card through Card Management, you acknowledge and agree that you release us from any liability for Transactions that are rejected due to your elected controls. In addition, you acknowledge and agree that our implementation of your request to restrict usage is provided as a courtesy only and that we are not liable for failing to block any Transaction. 

Your responsibilities to monitor your periodic Account statements and to provide us with notice of unauthorized Transactions or lost or stolen cards are subject to the Account Documentation  and are not affected by any elections you make using Card Management. If your card has been lost or stolen, you must notify us immediately; disabling your card is not notice to us of a lost or stolen card. 

(c) Alert Services 

Alert Services may include the delivery of informational alerts or fraud alerts. You have the option to enroll to receive certain informational alerts within Heritage Bank of the Ozarks Online Banking but may receive alerts related to suspected fraudulent activity independent of your enrolled alerts. You agree that we may send alerts to you via text message through your mobile service provider, phone call, e-mail, or any other delivery method available to us based on the information we have in our records for you. Additionally, by providing us with a mobile phone number and/or selecting text message alerts, you certify that you are the mobile phone number subscriber or have permission from the subscriber to use the mobile phone number for Alert Services. You agree that you will immediately notify us if the phone number is changed or deactivated. Further, you agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses, including reasonable attorneys' fees, arising from your provision of a phone number, e-mail address, or other delivery method that is not your own and for your violation of applicable federal, state or local law, regulation, or ordinance. Your obligation under this paragraph shall survive termination of this Agreement. 

The Alert Services are provided for your convenience and are not an official record for your Account. We do not guarantee continuous, uninterrupted, or secure alerts. You understand that there may be a disruption in service if you change your mobile service provider and that Alert Services may be delayed or impacted by your Internet service provider, phone carrier, carrier coverage, and other factors. You also understand and agree that these alerts may not be encrypted and may include personal or confidential information about you such as Account activity or the status of your Account. We are not liable for losses or damages arising from disclosure of Account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the alerts and messages sent. 

There is no service fee for the Alerts Services; however, you are responsible for all costs incurred in relation to the Alert Services. Neither we nor Visa will be responsible for fees or costs you incur in receiving notifications through SMS messages to your mobile phone, the cost of obtaining a wireless carrier, an appropriate wireless data services plan, a compatible mobile device, and/or any SMS message fees charged by your mobile carrier. In addition, neither we nor Visa will be responsible for fees or costs you incur in receiving notifications through email, accessing a personal computer, Internet-enabled phone, or other device used to receive emails, and/or associated costs charged by your internet service provider. Message and data rates may apply. Message frequency depends on the preferences and settings you select. To cancel Alert Services and discontinue all other SMS messages, text STOP to the number from which you received the Alert Services, at any time. For help or information on the Alert Services, text HELP to the number from which you received the Alert Services. For additional assistance with Alert Services, you may contact us at (417)532-2265. 

21. LIMIT OF BANK AND OTHER PROVIDERS’ RESPONSIBILITY.

Heritage Bank of the Ozarks agrees to make reasonable efforts to ensure full performance of Heritage Bank of the Ozarks Online Banking. The Bank will be responsible for acting only on those instructions sent through Heritage Bank of the Ozarks Online Banking that are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Heritage Bank of the Ozarks is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet service provider or caused by any browser software. Any information you receive from Heritage Bank of the Ozarks can only be provided for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Heritage Bank of the Ozarks is not responsible for any computer virus or related problems that may be attributable to Heritage Bank of the Ozarks Online Banking or to any services provided by any Internet services provider. The Bank may on a regular basis perform maintenance on Heritage Bank of the Ozarks Online Banking or other equipment and systems operated by the Bank or its service providers that may result in interruption of Heritage Bank of the Ozarks Online Banking service, and the Bank will not incur any liability to you as the result of any such interruptions. 

22. LIMITATION OF LIABILITY.

YOU UNDERSTAND AND AGREE THAT THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE BANK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. 

EXCEPT AS EXPRESSLY SET FORTH ON THE HERITAGE BANK OF THE OZARKS WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH HERITAGE BANK OF THE OZARKS ONLINE BANKING, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR WHETHER THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. 

WE ARE ONLY LIABLE FOR DAMAGES YOU INCUR THAT ARE SOLELY AND PROXIMATELY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE LESSER OF (i) YOUR ACTUAL DAMAGES OR (ii) THE TOTAL FEES PAID BY YOU TO US FOR THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE HERITAGE BANK OF THE OZARKS ONLINE BANKING SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Information about your Account(s) or the Transactions you initiate will be disclosed to third parties only if at least one of the following applies: 

1. It is necessary to complete a Transaction; 

2. To verify the existence and condition of your Account to a consumer reporting agency or merchant; 

3. To comply with a governmental agency, court order, or lawful subpoena, or to a person authorized by law to inspect or review our records in the course of such person’s official duties; 

4. To any attorney or collection agent of the Bank; 

5. To an employee or outside auditor of the Bank solely for the purpose of an official audit or accounting, or to any other person for the purpose of servicing your Account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary to accomplish such purposes; 

6. If permission is given by you, which we may require to be in writing; 

7. To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning Heritage Bank of the Ozarks Online Banking; 

8. It involves a claim by or against us concerning a deposit to or withdrawal from your Account; or 

9. Where otherwise required or permitted under state or federal laws, rules, and/or regulations. 

1. The resolution of any dispute or claim between you and us (including ones arising out of or relating in any way to this Agreement or the Online Banking Services) shall be governed by the arbitration provision in the deposit agreement governing your Account in effect when you or we commence arbitration or litigation of the claim. If the deposit agreement governing your Account has been terminated, the arbitration provision in your final Account agreement shall apply, except that you also may choose to arbitrate under the terms of any newer deposit agreement applicable to current customers.  The current deposit agreement for consumer customers is available on request, and the current deposit agreement for business customers is available on request.  If you validly opted out of the arbitration provision in your current deposit agreement governing your Account, this arbitration provision does not apply to you. 

2. You hereby irrevocably and unconditionally consent to the jurisdiction of the federal and state courts in Missouri. To the extent a dispute or claim arising out of or related in any way to this Agreement or the Online Banking Services is not resolved through arbitration, you and we hereby agree that any action or proceeding involving any such dispute or claim must be brought in a state or federal court of competent jurisdiction located in Missouri.  You hereby waive any objection to laying venue in the aforementioned courts, as well as any objection that the aforementioned courts are an inconvenient forum or do not have jurisdiction over you.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE ONLINE BANKING SERVICES. 

The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Any issue relating to an Account or service with Heritage Bank of the Ozarks, which you access through Heritage Bank of the Ozarks Online Banking, shall be governed by the laws specified in the agreement for that Account or service if there is a separate agreement for that Account or service. 

You acknowledge and agree that Heritage Bank of the Ozarks and/or our service provider owns all rights in and to the Heritage Bank of the Ozarks Online Banking service. You are permitted to use this service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Heritage Bank of the Ozarks and/or our service provider’s Heritage Bank of the Ozarks Online Banking service or any of Heritage Bank of the Ozarks and/or our service provider’s services or technology. 

As a condition of using Heritage Bank of the Ozarks Online Banking, you warrant to us that you will not use Heritage Bank of the Ozarks Online Banking for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law, rule, or regulation. You further warrant and represent that you will not use Heritage Bank of the Ozarks Online Banking in any manner that could damage, disable, overburden, or impair this service or interfere with any other party’s use and enjoyment of Heritage Bank of the Ozarks Online Banking. You may not obtain or use Heritage Bank of the Ozarks Online Banking to obtain any materials or information through any means not intentionally made available or provided for through this service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason. 

The Heritage Bank of the Ozarks website may contain links to other websites (“Linked Sites”). Such links are provided solely as a convenience to you. Heritage Bank of the Ozarks does not approve or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Heritage Bank of the Ozarks, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them. 

We may offer third-party software tools and products (“Third-Party Software”) that you can install on your computer or access through the Online Banking Service. You are responsible for obtaining a valid and separate license agreement with the provider of the Third-Party Software. 

We may offer third-party information, commentary, and tools (“Third-Party Content”). Third-Party Content offered in or accessed through the Online Banking Service is generally labeled as such, and may be available either in a frame, via a hyperlink, or simply posted to the Online Banking Service. We don’t own any interest in, edit, review or endorse any Third-Party Content. 

We reserve the right to cancel your access to any Third-Party Software at any time without notice. We may also suspend or terminate your access to Third Party Content at any time without notice and for any reason, including, but not limited to, your non-use of the Third-Party Content. 

You agree that: 

1. Any Third-Party Software you download through your financial management software is provided to you "as is" and "as available." 

2. Any Third-Party Content you review or use is provided to you "as is." 

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

1. The accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software or Third-Party Content; 

2. Any errors or omissions in the delivery or transmission of the Third-Party Software or Third-Party Content from us to you (and "you" includes delivery to your financial management software and/or your computer); and 

3. The Third-Party Software's or Third-Party Content's fitness for a particular purpose and non-infringement of any third-party rights.

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

You agree that we won’t be liable to you for: 

1. Your inability to access or use the Third-Party Software. 

2. The accuracy, timeliness, loss or corruption, or misdelivery of any Account information or any other information processed by the Third-Party Software. 

3. Unauthorized access to your Accounts or to your Account information and any misappropriation, or alteration, of your Account information or data as a result of your installation or use of the Third-Party Software. 

4. Removing your access to, or unenrolling you from, any Linked Site, Third-Party Software or Third-Party Content at our sole discretion. 

You agree and understand that: 

1. You assume all risk that unauthorized third parties may access any Third-Party Software you download and install, or any information you enter into the Third-Party Software. 

2. If you use the Third-Party Software to transmit information, you and the Third-Party Software provider are responsible for the security and confidentiality of that information. 

3. Any Third-Party Software downloads are your own risk and you alone are responsible for any resulting damage to the computer or other electronic device, as well as for any loss or corruption of data that might occur as a result. 

4. You are solely responsible for acquiring and maintaining a computer or other electronic device that can handle and access the Third-Party Software, including any necessary equipment such as a modem, and that you’re responsible for all costs associated with accessing the Third-Party Software. 

Credit Score Manager: You understand that by clicking on the "I Accept" button and signing up for services, you are providing "written instructions" to Heritage Bank of the Ozarks and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the products and/or services to you. You agree and hereby authorize Company, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time, You waive any and all claims against Company and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. Your further authorize Company and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts. 

You agree that by navigating beyond the Credit Score Manager tab in our Online and Mobile Banking Service and continuing beyond the “Agree and Continue” button, or by otherwise accessing or using the Credit Score Manager Third-Party Content, you instruct Heritage Bank of the Ozarks to periodically obtain your credit report to use it for the following purposes:   

To display your credit score information to you for educational purposes and to assist you in understanding how financial transactions affect your credit score;  

To confirm your identity, such as to identify potential fraudulent transactions in your name; and  

To offer our products and services to you.  

We will use the information on your customer file to verify your identity without any additional action needed by you. This information includes your name, social security number, birthdate and address.   

When we display your credit score, this is a composite score designed by a third party and its use does not affect your credit score. If you choose to apply for additional products and services we offer (including extensions of credit), we may need to obtain your credit report, which can affect your credit score. We will request additional authorization from you at that time, if required.   

The score shown is your FICO® Score. Each of the three credit bureaus (Equifax, Experian, and TransUnion) uses a different model to calculate a credit score and each gathers data independently. The credit bureaus pull your information from many different sources (such as lenders, collections, court records) at different times, there will always be discrepancies at any particular time between the reports from each credit bureau. Other financial institutions and companies that provide your credit score use different methods. Some rely on FICO® Score and some rely on VantageScore. Even between those two companies, there are credit scores based on reports from one bureau, two bureaus, or all three bureaus.  

Your lender (including Heritage Bank of the Ozarks) may not use FICO® Score, so it is possible that your lender will give you a score that differs from your FICO® Score. (And your FICO® Score may differ from your score under other types of FICO® Score). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of FICO® Score could vary, sometimes substantially, from a lender's score. If the lender's score is lower than your FICO® Score, it is possible this difference can lead to higher interest rates and sometimes credit denial.  

The score is eligible for update every 31 days. To update your score, you must log in to online or mobile banking at or after 31 days since enrollment and/or subsequent updates.  

This service is only available to consumer online banking customers. You may cancel this service at any time by selecting the “Unenroll Credit Score Manager” link found on the Credit Alerts page. Once you have unenrolled from the service, all information will be removed, and you will no longer have access to the old information.    

29. NOTICES AND COMMUNICATION.

Except as expressly provided otherwise in this Agreement, we may provide notices, disclosures, agreements, periodic statements and other information regarding your Accounts and Online Banking Services (collectively "Account-Related Information") electronically, through the mail or by other means. We’ll send this information to the postal or electronic address ("Electronic Address") of the owner of the applicable Account or Online Banking Service as reflected in our records, unless you specify a different postal or Electronic Address. 

Electronic Addresses include email addresses, other Internet addresses, text messaging numbers or other electronic access addresses provided to us in accordance with this Agreement. Any Account-Related Information will be considered “sent” on the first Business Day following the date on the communication. 

Account-Related Information held for pickup or posted on our website will be deemed to be delivered to/received by you when we make it available for pick-up, display it to you or send notice in accordance with this Agreement that it is posted on the Online Banking Service. The person receiving the notice has to provide copies of all Account-Related Information to all joint owners or other persons with access to the applicable Account or Online Banking Service. 

We can communicate all Account-Related Information to you through the U.S. Postal Service or overnight courier, at our sole option. 

Unless applicable law states otherwise, when we need to provide you with information in writing, we can send it electronically, either:  

1. To your Electronic Address; or 

2. By posting the information to the Online Banking Service with a notice to your Electronic Address that it is available; 

3. By posting the information to the Online Banking Service; or 

4. To an online banking secure mailbox we establish for you, or other electronic means. 

When you provide a phone number to us, you agree that you own or are authorized to provide the telephone number to us. You agree that we may use automatic dialing technology or artificial or prerecorded voice messages to call you or send text messages to you, even if the phone number is registered to a cell phone number or Voice over Internet Protocol service. You understand and agree we may place calls with informational, servicing, or collections messages about your Account.  Our calls and text messages to your cell phone number could result in your communication service provider’s charges to you. 

You authorize us to send emails and text messages to others on your behalf, if needed to carry out your instructions regarding an Account or Online Banking Service. You confirm and agree that you have obtained consent from the person who owns or is the current subscriber of the email address or phone number to receive the communication. These communications may identify you by name and may state that we’re sending them on your behalf and according to your instructions. 

If Account-Related Information documents are returned or electronic notifications are returned as undeliverable, we can stop sending Account-Related Information or electronic notifications to you until you provide a valid postal or valid email to us. 

We may also: 

1. Destroy Account-Related Information sent to you and returned to us as undeliverable. 
2. Hold the Account-Related Information for your Account for you to pick up. 
3. Stop sending the Account-Related Information through the current delivery method and use an alternative delivery method. For example, if we’re sending Account-Related Information to you via the U.S. Postal Service, and the information is returned to us as undeliverable on two or more occasions, we may attempt to deliver the information to your Electronic Address instead.
4. Suspend access to your Accounts or Online Financial Services. 

If we hold Account-Related Information for you to pick up and it remains unclaimed for 60 days, we may send the Account-Related Information to the address reflected in our records for your Account or destroy it. 

You agree to notify us immediately if you no longer own or you are no longer authorized to use or share your address, Electronic Address or phone number you previously provided to us. Address changes may be initiated: 

1. At your request - you can instruct us to change the address or Electronic Address to which we send notices or Account-Related Information about your Account at any time. 

2. If we get an address change notice from the U.S. Postal Service. 

3. If another party in the business of providing correct address information notifies us that the address in our records no longer corresponds to your address. 

4. We may act on instructions purportedly made on your behalf within a reasonable time after we receive them. 

Unless you instruct us otherwise, we may change the U.S. Postal Service address or Electronic Address only for the Account(s) you specify, or for all or some of your other Account(s) with us. 

Any notice you send us won’t be effective until we actually receive it and have a reasonable opportunity to act on it. If your Account has multiple Owners, we may send Account-Related Information to any one of them. 

You assume the risk of loss in the mail or other transit. Any notice or Account-Related Information we send you will be effective when mailed, sent electronically, or otherwise made available to you. 

You agree that: 

1. We may satisfy our obligation to provide you with an annual copy of our privacy notice by keeping it available for review on our Website.  
2. We may call you and text you to service your Accounts, collect any amount you may owe or discuss our relationship, products and services with you, as described in this Section. If your only relationship with us is as a participant in an employer-sponsored retirement or deferred compensation plan, this paragraph won’t authorize us to make telephone calls or send text messages to discuss other products or services we offer.  
3. Information is deemed delivered to you if it is sent electronically as described in this Section. 

30. AMENDMENTS.

The Bank may amend this Agreement at any time by adding, deleting, or modifying terms. If such an amendment changes any term(s) or condition(s) of this Agreement in a manner which would result in a greater cost or liability to you, or decrease or limit access to your Account(s), the Bank will notify you in advance. If you have not withdrawn your consent, you agree that we may send electronic change of terms notices to you in accordance with the Notice and Communications provisions of this Agreement. If we mail a paper copy to you, we will use your current address shown on the Bank’s records. If you do not agree with the change(s), you must notify us in writing prior to the effective date of the amendment that you wish to cancel your Heritage Bank of the Ozarks Online Banking service. You understand that by using Heritage Bank of the Ozarks Online Banking after you have been notified of such an amendment, and it becomes effective, you will have agreed to the amendment and are bound by its terms. Amendments or changes to this Agreement may be made by the Bank without prior notice to you if such amendments or changes do not result in higher fees, restriction in service, or increased liability to you. 

31. ASSIGNMENT.

Heritage Bank of the Ozarks may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. This Agreement is personal to you and you may not transfer or assign any of your rights or duties under this Agreement at any time. 

32. MISCELLANEOUS.

You represent and warrant that you are who you claim to be; that you are the rightful owner of all Accounts for the purposes of the Heritage Bank of the Ozarks Online Banking service or that you are authorized to enter into this Agreement on behalf of such rightful owner; and that you are rightfully authorizing us to access the Accounts. 

You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Heritage Bank of the Ozarks’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Heritage Bank of the Ozarks’ right to subsequently enforce such provision or any other provisions of this Agreement. 

This Agreement may be amended, or any of Heritage Bank of the Ozarks’ rights waived, only if Heritage Bank of the Ozarks agrees in writing to such changes, or you continue using the Heritage Bank of the Ozarks Online Banking service following receipt of notice of any changes proposed by Heritage Bank of the Ozarks. All notices to you will be made in accordance with the Notice and Communications provisions of this Agreement. All notices to Heritage Bank of the Ozarks must be made in writing and sent to Heritage Bank of the Ozarks, Attention: Heritage Bank of the Ozarks Online Banking Department, 1475 S. Jefferson Ave, Lebanon, MO 65536, via registered or certified mail. 

You agree that Heritage Bank of the Ozarks’ third-party service providers may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such third-party service providers are, for the purpose of this Agreement, third-party beneficiaries to this Agreement with the power to enforce this Agreement. 

33. ENTIRE AGREEMENT.

The most current version of this Agreement as it appears on Heritage Bank of the Ozarks Online Banking, including any amendments that we may make from time to time, is the entire agreement between you and Heritage Bank of the Ozarks regarding your use of Heritage Bank of the Ozarks Online Banking, and it supersedes and replaces any prior discussions, understandings, and agreements, whether written or oral, between you and the Bank regarding Heritage Bank of the Ozarks Online Banking, and supersedes any marketing or similar material pertaining to Heritage Bank of the Ozarks Online Banking delivered to you in writing, verbally or obtained at any Bank Internet site or the site of any Internet Service Provider. This Agreement supplements any other agreements or disclosures related to your Account(s), including, but not limited to, the Bank’s Account Documentation. In the event of a conflict between this Agreement and any other agreement between you and the Bank concerning your Account(s), or any statements made to you by employees or agents of the Bank concerning your Account(s), this Agreement shall supersede and control. If any provision or part thereof in this Agreement is held to be invalid, illegal, void or unenforceable, then this Agreement shall be deemed automatically modified to the extent necessary to (1) make such provision or part thereof valid, legal, and enforceable and (2) as closely as possible maintain and accomplish the original intent of the provision or part thereof in question; and the remaining provisions, or other parts or applications of such provision, in this Agreement shall not be affected and shall remain in full force and effect. 

34. NO SIGNATURE REQUIREMENTS.

When any payment or other online service generates items to be charged to your Account, you agree that the Bank may debit the designated Account, or the Account on which the item is drawn, without requiring your signature on the item and without any notice to you. 

Exhibit A 

DIGITAL BANKING TERMS OF USE  

Jack Henry & Associates, Inc. ("JH", "our", "we" or "us") is the primary service provider for this online banking platform and mobile device application (the "App") (collectively the "Service"). JH is not the provider of any financial services available to you through the Service, and JH is not responsible for any of the materials, information, or services made available to you through the Service.  

By enrolling in or using the Service to access your account at your financial institution (the "Account"), you consent to these terms of use (the "Terms"), which are subject to periodic updates. The Terms are between JH and you, the end user. You agree that JH may notify you of any changes to the Terms through a communication or message through the Service, which will amend and replace the Terms upon your electronic acceptance.  

If you are using the Service on behalf of a company or other organization, such company or organization will also be considered a party to the Terms, and you represent and warrant that you have the authority to bind such company or organization to the Terms.  

THE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH. 

1. Account Information. 

1. 1. Source of Information. At your request, the Service will retrieve information from your financial institution, including transaction-related information ("Account Information"). Bysubmittingsuch information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service.  

   2. Accuracy. Youare responsible forproviding JH with accurate and updated (as necessary) account numbers, usernames, passwords, PINs, and other log-in related information ("Registration Information") so that the Service may access your Account Information. JH will not be liable for any typographical, keystroke, or other error made by you, including any error caused by "pre-filling" or automated entry done on your behalf on a device.  

   3. Confidentiality. If you use the Service, youare responsible for(i) maintaining the confidentiality of your Account and Registration Information; and (ii) restricting access to your Account on your device. You agree to accept responsibility for all activities that occur under your Account or password. 

2.  Application of Privacy Laws. 

1. 1. Scope of the Service. JH acts as a processor or service provider, as such termsare definedunder applicable privacy laws, to your financial institution, which is the controller of your personal information and is primarily responsible for handling requests related to your personal information. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your personal information by the third party. If you are a business subscriber of the Service, business-to-business exceptions in certain privacy laws may apply to your information.  

   2. Your Rights. Under applicable privacy laws, you may have certain rights such as the right to access your personal information, to have your personal informationdeleted, and to opt out of certain processing, sales, or sharing of personal information. Your financial institutionmaintains a privacy policy covering the personal and financial information related to your use of the financial institution's services, including such information that may be gathered through the Service, such as Account Information and Registration Information. Please see your financial institution's privacy policy if you wish to make any requests under these rights.  

   3. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such useis governedby its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service.  

3. Rights you Grant to JH.

1. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including passwords, Account Information, and Registration Information; and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals, to provide the Service, facilitate the provision of software updates, product support, product enhancements, and other services (if any) related to the Service. JH may use this information, if it is anonymized, to enhance its offerings, improve its products, or develop new oradditionalservices or technologies. 

2. Chat Feature. When using the Service, you may choose to use a chat feature to communicate with a support representative at your financial institution. These chat sessionsare recorded, and the recordings maybe used as described herein. BY ACCESSING OR USING THE CHAT FEATURE IN THE SERVICE, YOU AFFIRMATIVELY CONSENT TO THE RECORDING OF THE CHAT SESSION TRANSCRIPT BY JH AND TO THE USE OF JH'S INTERNAL COOKIES FOR ANALYTIC PURPOSES. CHAT SESSION TRANSCRIPTS MAY BE SHARED WITH JH'S SERVICE PROVIDERS BUT USED SOLELY FOR THE PURPOSE OF PROVIDING OUR SERVICES. If enabled by your financial institution, the chat feature may be supported by artificial intelligence technology.  

3. Third-party Sites. When you use the "Add Accounts" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account willbe directly connectedto your designated third-party site. JH will submit information, including usernames and passwords that you provide, to log you into the third-party site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service. 

4. Unauthorized access or use. You willimmediatelynotify your financial institution of any breach of security or unauthorized use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion. 

4. Location-based Data, Telephone Information and Camera. You understand that when you enable and use any location-based feature, your geographic location and other device information is accessible by the Service. If you disable location-based services, features on the Service that use your location may not work until you re-enable location-based services. If you grant permission for the Service to access a camera, photos, media or other files on your device, you are agreeing to allow JH to use your information to fulfill your requested action, such as adding an image to a transaction, capturing images of a check that is being deposited, attaching a document to a chat in the chat feature, or adding a photograph to your profile.

5. Subscription.

1. JH's Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The Terms will govern any updates to the Service. 
2. Your Rights. Subject to the Terms, JH grants you a subscription to use the Service in accordance with the Terms and for the sole purpose of enabling you to use your financial institution's services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the Terms are reserved by JH. Nothing in the Terms will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH. 
   

6. Subscription Restrictions. 

1. You will not: (i) modify, revise or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without our permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH's prior written permission; or (x) use the Service for benchmarking purposes, use another Service user's account, or use the Service to develop any competing product or service. 
2. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws and for your own personal use only, or, if you are a subscriber of the Service as a business or organization, only for your use on behalf of your business or organization for its internal business purposes. 
3. Minimum Age Requirements.If you are under the age of13, as restricted by the Children's Online Privacy Protection Rule, or another such age as restricted by applicable law, you are not permitted to use the Service. If you authorize JH to grant your child 13 or over, or above such other age, to use or access the Service, you acknowledge and agree that the Terms, and any terms governing third-party integrations, will apply to your child. You further agree and accept full responsibility for your child's use of the Service, including any liability that he or she may incur in connection with their use of the Service.  

7. Service-related Alerts. As a part of the Service, you consent to receive all legally required notifications via electronic means. You may withdraw your consent to receive future notices in electronic form. You have the option of adding a mobile telephone number to your Account. If you opt for Service-related alerts via SMS text alerts or telephone, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Service. By use of the Service, you acknowledge that Service-related communications, alerts, or notifications may be sent by JH and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or a third party in reliance on an alert. You agree that JH will have no liability related to electronic communications, alerts, or notifications that are sent or received through your use of the Service.  

8. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use, and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and internet access, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider and the mobile app store from which you download the App.  

1. Mobile Operating System Providers. 

1. Apple. If you download the App from the Apple App Store, you acknowledge and agree that the agreement is solely between you and JH, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply withthe Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to JH as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and JH acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary.

2. Google Play Store. If you download the App from the Google Play Store: (i) you acknowledge that the Terms are between you and JH only, and not with Google, Inc. ("Google"); (ii) your use of App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App.

9. Suspension; Termination; Effect of Termination. 

1. JH may suspend your subscription to use the Service at any time for any reason, including as maybe requiredby applicable law, any potential security threat, or fraud. Upon suspension, you will no longer have access to the Service.  

2. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the Terms, your permission to use the Service automatically terminates. Upon termination, you will (i) no longer have access to the Service; and (ii) destroy all copies of your Account Information, Registration Information, and any information obtained from the Service.  

10. Translation. JH is not responsible for translating the Terms or any information contained within the Service to any other language. Translations of the Service and the Terms that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. To the extent the Service is available in a language other than the English language, JH is not responsible for any third-party translating services whatsoever including, but not limited to, the accuracy of the translation, translations which are not stylistically satisfactory, translations which involve the use of an artificial intelligence service, or your understanding of the translated content or financial loss resulting therefrom. A sworn translator does not certify translations of the Terms.  

11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associates us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.  

12. Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

14. Analytics. ToassistJH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you.  

15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the Terms will be resolved exclusively by final and binding arbitration conducted pursuant to theAmerican Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator's decision will be controlled by the terms and conditions of the Terms; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

16. Miscellaneous. The Terms constitute the entire agreement between you and JH concerning the subject matter hereof. The Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of the Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The Terms and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.