Business Banking

Terms and Conditions for D.L. Evans Bank Business Mobiliti

Program

D.L. Evans Bank offers their Business Online Banking customers mobile access to account information (e.g., for checking balances and last transactions), based on user access. Enrollment in Business Mobiliti requires enrollment in Business Online Banking.

Questions

You can contact us at 1-866-661-5463 or dleach@dlevans.com if you need any assistance or have any questions.

Terms & Conditions

By participating in Business Mobiliti, you are agreeing to the terms and conditions presented here. Our participating carriers are, but not limited to: AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, and Verizon Wireless. Business Mobiliti and any software you may obtain from Business Mobiliti (“Software”) may not be available at any time for any reason outside of the reasonable control of D.L. Evans Bank or any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Business Mobiliti, D.L. Evans Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Business Mobiliti or the Software (collectively “User Information”). D.L. Evans Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Business Mobiliti and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. D.L. Evans Bank and its affiliates and service providers also reserve the right to monitor use of Business Mobiliti and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use

You agree not to use Business Mobiliti or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Business Mobiliti or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by D.L. Evans Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of D.L. Evans Bank or any third-party service provider involved in the provision of Business Mobiliti; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose D.L. Evans Bank, any third-party service provider involved in providing Business Mobiliti, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party's account; or (c) interfere in any manner with the provision of Business Mobiliti or the Software, the security of Business Mobiliti or the Software, or other customers of Business Mobiliti or the Software; or (d) otherwise abuse Business Mobiliti or the Software.

Use of Google Maps

You agree to abide by the Google terms and conditions of use found at http://www.google.com/intl/en_us/help/terms_maps.html and the Google Legal Notices found at http://www.google.com/intl/en_us/help/legalnotices_maps.html, or other URLs as may be updated by Google.

Electronic Fund Transfer Error Resolution Notice

The following Electronic Fund Transfer Error Resolution Notice disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number (if any). Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. (Every day is a business day except Saturdays, Sundays, and federal holidays.)

We will determine whether an error occurred within 10 business days (5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

D.L. Evans Bank 375 North Overland Ave. P.O. Box 1188 Burley, Idaho 83318 internetbanking@dlevans.com Business Days: Monday through Friday (excluding Federal Holidays) Phone: (208) 678-2552 or (866) 661-5463

Bill Pay

Your use of the Bill Pay Services constitutes your acceptance of the Terms & Conditions and Privacy Policy of D.L. Evans Bank Bill Pay Provider, CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. The Bill Pay Terms & Conditions and Privacy Policy can be accessed by logging into Business Online Banking, through a website, and access the Bill Pay feature.

Mobile Deposit

Mobile Deposit uses a smartphone camera to take a picture of the front and back of each check and submit the images electronically to make deposits to your checking or savings accounts. When capturing the images, visual brackets provide a guide for centering the check. Each is analyzed for quality upon submission; if the image does not pass; you are immediately notified and can re-capture the check image. You can cancel the transaction at any time during the mobile deposit process. However, once the transaction has been submitted, it cannot be canceled.

Services and Service Terms

The following terms and conditions apply to the Services for Mobile Deposit that D.L. Evans Bank (“Bank”) provides to their Depositors. Depositor acknowledges and agrees that the Services or any portion of the Services may be provided by one or more subcontractors.

Acceptance of these Terms

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, D.L. Evans Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

Overview and definitions

This Agreement states the terms and conditions by which Bank will deliver to Depositor the Services, as described below.

“Authorized User” means Depositor or agent of Depositor.

“Banking/Business Day” means any day which Bank is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.

“Capture Device” (smartphone) means any device acceptable to Bank, that provides for the capture of images from original Items and for transmission through a clearing process.

“Check” means an Original Check, as defined in Regulation CC.

“Item” means a Check, money order, cashier's check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an Office of a United States financial institution from a Payor to Depositor, in addition to other required information as specified by Bank, it is understood that Depositor will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an item to be processed for deposit, it must be properly endorsed on the back of the Item with the following words: “Mobile Deposit,” with the correct account number inserted and signed by payee.

“Payor” means consumers or businesses that make payments to Depositor by means of Items.

“Service(s)” means the specific service(s) is not limited to Depositor service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Bank or its subcontractors and used in the provision of Services hereunder. Any software provided by Bank or its subcontractors pursuant to the Service shall be considered Software as defined in the Software License Agreement.

“Term” shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.

Depositor Obligations; Suspension/Cancellation of Service

Hardware and Software Requirements

In order to utilize the Services, Depositor must have the following hardware and software with the indicated specifications: For Depositing checks, Depositor must have one of the following Phone Devices / Operating Systems: Apple Devices with an Operating System of 9.0 or higher Android Devices with an Operating System of 5.0 or higher Image quality of the Items must comply with requirements as established by Bank or applicable law and regulatory agencies. The check images presented to the bank must accurately represent all information on both sides of the checks and check images must contain all endorsements, with the additional verbiage of “D.L. Evans Bank Mobile Deposit”.

Depositor Responsibilities

Depositor authorizes Bank to transmit items as an image and further authorizes Bank or any other bank to which an item is sent for processing. Depositor agrees to, at its sole expense: (a) provide connectivity between the Capture Device and the Technology. You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using the Service.; (b) maintain the Capture Device in accordance with the instructions provided by Bank, its subcontractors and/or any other Capture Device provider; (c) download, install, and use certain software systems and programs developed by the Bank, our licensors or other third-parties as needed for transmission to Bank prior to the communicated cut-off-time. We are not responsible for any damage to your mobile device resulting from those activities, and you will be engaging in those activities at your own risk; (d) process return data and any funds from Items deposited under the terms of this Agreement are not subject to the Bank's Funds Availability Policy and will generally be available after processing the next business day. You are responsible for verifying that deposits have posted to the appropriate account. Please note: All deposits are subject to verification and can be rejected upon review.

We reserve the right to temporarily restrict funds deposited using the Service for greater than two business days in certain circumstances where deemed necessary in our sole discretion. Such circumstances include but are not limited to the following: (a) we have reason to believe a check you deposited will not be paid; (b) you deposit checks through the Service totaling more than $5,000 per business day; (c) you have overdrawn your account repeatedly in the last six months; or, (d) there is an emergency, such as failure of computer or communications equipment. In the event funds are restricted for more than two business days, we will send a notice to you informing you as to when your funds will be available. Funds delayed for the above reasons will generally be available no later than the seventh business day after the day of deposit.

After verifying the deposit has been received, you agree to securely store and retain the check(s) for at least 14 calendar days from the date of the image transmission. During this period you agree to promptly provide the check to the bank if requested. After 14 days, you agree to shred the deposited items.

Depositor Liability

Depositor shall be solely responsible if any Item for which Depositor has been given provisional credit is subject to return or reversal, and neither Bank nor its subcontractors shall be liable or responsible for same. Depositor acknowledges that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Bank shall have no liability for the content of payment-related information.

Intellectual Property Ownership

This Agreement does not transfer to depositor any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Bank or its subcontractors.

Depositor Warranty

Depositor represents and warrants to Bank: (A) Depositor has the authority to enter into this agreement and perform its obligations hereunder and all information supplied by depositor to Bank is accurate and true; (B) Depositor will provide all reasonable assistance to Bank and its subcontractors in providing the services set forth herein; (C) Depositor and any authorized users will only use the services for lawful purposes and in compliance with all applicable rules and regulations and with Bank's reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (D) Depositor has only transmitted acceptable items for deposit and has handled the original items following transmission to Bank as agreed, directed by with Bank and in accordance with applicable law; (E) Depositor is a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (F) The items have not been altered; (G) Each item bears all applicable endorsements in a restricted format as directed by Bank; (H) All the warranties set forth in and subject to applicable laws and regulatory agencies; (I) (1) The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was deposited, (2) The information portion of the item contains a record of all applicable MICR-line information required for a substitute check, and (3) The item conforms to the technical standards for an electronic item as specified by Bank from time to time; (J) Depositor will submit only one accurate and clear image of the front and back of each item to Bank only one time; (K) Depositor will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (L) The amount of an item entered by depositor or any authorized user for transmission to Bank is accurate and legible.

Disclaimer of Warranties

Bank and its subcontractors make no warranty of any kind, express or implied, with regard to the technology and services, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. Bank and its subcontractors do not warrant that the technology or services will be uninterrupted, error free or secure. Bank and its subcontractors also do not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by depositor or agents. Bank and its subcontractors do not warrant the accuracy, reliability, completeness or timeliness of the content of internet websites or other data received by depositor or payors via the internet.

Limitation of Liability

Notwithstanding anything to the contrary herein, in no event will Bank's liability under this agreement for any damages of any kind exceed an amount equal to the amount of items received by Bank from depositor for the services during the month preceding the date on which the claim first accrued. Bank shall not be liable for any special, indirect or consequential damages, even if it has been advised of the possibility of these damages.

Indemnification

In addition to its indemnification obligations in this agreement, and except for losses or expenses attributable to Bank's own lack of good faith or failure to exercise ordinary care, depositor agrees to indemnify Bank for any loss or expense sustained (including interest, costs, attorney's fees and expenses of litigation) resulting from (i) Depositor's lack of authority to make the warranty; (ii) any action taken or not taken by Bank within the scope of its authority in handling an item; (iii) any warranty required to be made by Bank with respect to an item under applicable law or regulation; and (iv) breach of the warranties.

Termination

In addition to the denial, suspension, revocation and termination provisions in this Agreement, Bank may immediately terminate the Service or any portion of the Service if Bank determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. Depositor may terminate the Service with notice to Bank. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same.

Bank Information

Depositor acknowledges that the Technology and Service contain valuable trade secrets, which are the sole property of Bank or its subcontractors (“Bank Confidential Information”), and Depositor agrees to hold same in strict confidence and disclose only to those agents.