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<br />d. no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper
<br />or electronic representation of the original Item) such that the person will be asked to make payment based on an Item k has already
<br />paid;
<br />e. Customer will not redeposit through this Service any Item previously deposited and returned to Customer unless Bank advises
<br />Customer otherwise;
<br />f. Customer will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage to
<br />ensure no unauthorized access or duplicate presentment;
<br />g. Customer will only transmit Items that originated as paper Items;
<br />h. Customer will comply with all laws and regulations applicable to Customer in its use of the Service and not use the Service for any
<br />purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority; and
<br />i. If the Customer is deposking Items made payable to a third party, Customer also represents and warrants to Bank that in connection
<br />with each Item deposited through the Service, the owner of the Item has authorized Customer to negotiate the item and process the
<br />Item through electronic transmittal.
<br />5. Disclaimer. Bank makes no representations or warranties, whether express, implied or statutory regarding or relating to any of the
<br />software, capture devices or other hardware and /or access to or use of them or the related materials and the Service. Bank specifically
<br />disclaims any and all implied warranties of merchantability and fitness for a particular purpose and non - infringement. Bank and its
<br />subcontractors also do not guarantee that Customer access to the Service will be uninterrupted, error free or secure. Any corrective
<br />action the Bank may take with regard to any software, capture devices or other hardware, related to the Service shall not establish a
<br />course of dealing by the Bank, expectation by the Customer, or otherwise obligate the Bank to take any future action.
<br />6. Limitation of Liability. In no event will Bank's liability under these Service Terms for any damages of any kind exceed an amount equal
<br />to the fees the Customer paid Bank for the Service during the twelve (12) months preceding the date on which Customer made the
<br />corresponding claim. If Customer makes a claim during the first twelve (12) months of service, Bank's liability will be limited to the
<br />average monthly fee Customer paid during that time multiplied by twelve.
<br />Indemnification. In addition to the indemnities contained in the Account Documentation, Customer agrees to defend, indemnify and
<br />hold Bank, its officers, affiliates, employees and agents harmless from any actions, claims, losses, demands, liabilkies, litigation or
<br />damages (including reasonable attorneys' fees) arising from or in connection with:
<br />Customer breach of any of the warranties made by Customer pursuant to these Service Terms:
<br />b. any claim pertaining to any warranty or indemnity that Bank makes with respect to an Item under Federal Reserve Board
<br />Regulations CC and J or other laws, regulations, industry and clearing house rules applicable to Items.
<br />c. Customer use of the Service or the use of the Service by anyone using Customer Security Device or Customer violation of these
<br />Service Terns or the rights of any third party (including, but not limited to, privacy rights).
<br />8. Audit Rights. Customer agrees that Bank has the right to audit Customer's processes and procedures for managing and maintaining
<br />the security and safety of the scanner, the transmission of the images and the original Items as defined below and that Bank has the right
<br />to audit Customer's physical locations where the scanners are used and original items are stored as well as Customer's processes for
<br />secure destruction of the original Items. Scanners provided through this Service are to only be used at locations within the United States.
<br />Computer Equipment; Browser Access and Internet Services. Customer is responsible for obtaining, installing, maintaining and
<br />operating all software, hardware or other equipment (collectively, "System ") necessary for Customer to access and use the Service. This
<br />responsibility includes, without limitation, Customer's utilizing up to date web- browsers and the best commercially available encryption.
<br />antivirus, anti- spyware, and Internet security software. Customer is additionally responsible for obtaining Internet services via the Internet
<br />service provider of Customer's choice, for any and all fees imposed by such Internet service provider and any associated
<br />communications service provider charges. Customer acknowledges that there are certain security, corruption, transmission error, and
<br />access availability risks associated with using open networks such as the Internet and Customer hereby expressly assumes such risks,
<br />including, but not limited to those Bank may disclose in its educational materials. Customer acknowledges that Customer is responsible
<br />for the data security of the Systems used to access the Service, and for the transmission and receipt of info rnation using such Systems.
<br />Customer acknowledges that Customer has requested the Service for Customer's convenience, has made Customer's own independent
<br />assessment of the adequacy of the Internet and Systems and that Customer is satisfied with that assessment. Bank is not responsible for
<br />any errors or problems that arise from the malfunction or failure of the Internet or Customer's Systems nor is Bank responsible for
<br />notifying Customer of any upgrades, fixes, or enhancements to, or for providing technical or other support for Customer's Systems.
<br />Although Bank may provide a link to a third party site where Customer may download software, Bank makes no endorsement of any
<br />specific software, hardware or Internet Service Provider and Customer's use of any such software, hardware or service may also be
<br />subject to the license or other agreements of that provider, in addition to the terms and conditions of these Service Terms. Customer
<br />agrees that the presence of any malwear, including, without limitation, any keystroke logger type of malwear, on any of Customer's
<br />computers shall be presumed, unless proven otherwise by clear and convincing evidence by Customer, to constkute the failure by
<br />Customer to fulfill its duty at all times to maintain the proper functioning, maintenance and security of its own systems, services, software
<br />and other equipment, and to be the cause of any damage, loss, expense or liability which may be suffered or incurred by Customer.
<br />PN: 363374 DOC ID: 9CfTY OP SANTA ANA -Nov_ 79, 2000Pag¢ 22 of 25
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