CONSUMER ONLINE BANKING AGREEMENT

I.      Introduction

This Online Banking Agreement (this “Agreement”) contains the terms that govern your use of Chesapeake Bank’s Online Banking service (“Online Banking”). You may use Online Banking to access your Eligible Accounts (defined in Section II of this Agreement) through the Internet. You may also use Online Banking to access a number of Online Financial Services (defined in Section VIII of this Agreement) through the Internet.

By using Online Banking to access an Eligible Account or Online Financial Service you are agreeing to the terms of this Agreement.

In this Agreement, the words “we”, “us”, “our”, and “Bank” are used to refer to Chesapeake Bank. “You” or “your” refers to each signer on an Eligible Account.

II.   Eligible Accounts

Each Bank product you have with us that is available in Online Banking is called an “Eligible Account.” Examples of Eligible Accounts include without limitation deposit accounts, loans, and investment products.

Your Eligible Accounts will continue to be subject to the agreements and disclosures otherwise governing them, as amended from time to time except where it is noted in this Agreement. Additionally, each Eligible Account and Online Financial Service will be subject to the following:

1. The terms or instructions appearing on a screen when using Online
2. The Bank’s rules, procedures and policies applicable to each Eligible Account and each Online Financial
3. The rules and regulations of any funds transfer system used in connection with an Online Financial
4. Applicable state and federal laws and

III.   Access to Eligible Accounts

You may access an Eligible Account at the Bank’s website through www.ches.bank (As the “Website”) to obtain balances, transaction history and other information. To access an Eligible Account or use an Online Financial Service you must have a Login ID, a password, and the required hardware and software. By applying for a Login

ID, you certify to us that:

-you have given us your correct and valid tax identification number, and;

-you are the owner (or a bank documented, legally authorized representative of the owner) of the Eligible Accounts.

Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, twenty-four hours a day.

At certain times, Online Banking may not be available due to system maintenance or circumstances beyond our control. During these times, you may use one of the following options as they are available to obtain information about your Eligible Accounts:

• Touch Tone Teller 24/7 telephone banking at 800-417-6675 or 804-435-7516
• Bank automated teller machines (“ATM”)
• Text Banking
• Bank office to obtain information about your Eligible Accounts

IV.   Electronic Mail (Email)

One way of communicating with us is by sending an e-mail. You may use e-mail to ask general questions and to provide feedback to the Bank. However, you cannot use e-mail to initiate transactions. For transactions, please use the appropriate functions within Online Banking or call the branch location most convenient to you. You should not rely on e-mail if you need to communicate with the Bank immediately, such as if you need to report an unauthorized transaction from an Eligible Account or if you need to stop a payment that is scheduled to occur. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third-party networks or persons with access to the Internet. As such, we recommend that you not send account data or other sensitive information to us by email.

V.   Internal Online Transfers

Online Banking allows you to transfer funds between your Eligible Accounts. You may not designate any account for transfer that requires more than one signature for withdrawals. A confirmation number will be assigned to each Online Banking funds transfer at the time you confirm the transfer. We encourage you to document the number provided for future reference. A transfer completed through Online Banking before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is usually 6:00 p.m. (Eastern Time). Every day is a business day except Saturdays, Sundays and Federal and State of Virginia legal holidays, or other special days as may be determined by us.

VI.   Peer to Peer Transfers

Online Banking allows you to transfer funds from your Eligible Accounts to the Eligible Accounts of another Chesapeake Bank customer. You may not designate any account for transfer that requires more than one signature for withdrawals. A confirmation number will be assigned to each Online Banking funds transfer at the time you confirm the transfer. We encourage you to document the number provided for future reference. A transfer completed through Online Banking before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is

not a business day, will be posted on the next business day. The transfer cutoff time is usually 6:00 p.m. (Eastern Time). Every day is a business day except Saturdays, Sundays and Federal and State of Virginia legal holidays, or other special days as may be determined by us.

VI.   External Transfers

Transfers between your deposit accounts at Chesapeake Bank (“Internal Accounts”) and your accounts at other financial institutions (“External Accounts”) may be initiated through personal online banking using the External Transfers option. External Transfers require that your External Account(s) be enrolled before transfers can be initiated. By enrolling an External Account(s), you authorize us to initiate debit and credit entries to and from your Internal Account(s) and that External Account(s), which authorization shall remain in effect until you delete that External Account(s) from your enrolled External Account(s). All transfers completed after the transfer cutoff (4:00 PM Eastern Time) will be posted on the next business day. Every day is a business day except Saturdays, Sundays, and Federal and State of Virginia legal holidays, or other special days as may be determined by us. The general terms and conditions applicable to your use of Online Banking are contained in the Online Banking

VII.  Online Financial Services

You may use Online Banking to obtain such products and services as are available through Online Banking as then disclosed at the Website (the “Online Financial Services”). With respect to your Eligible Accounts, this includes obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.

The Bank may, from time to time, introduce new Online Financial Services. When this happens, we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time. The Bank may discontinue any Online Financial Service, or any feature of an Online Financial Service, at any time.

VIII.  Electronic Fund Transfer Provisions

1. The provisions in this Section apply only to electronic funds transfers (“EFTs”) that debit or credit a consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E. The Bank may, when applicable, rely on any exceptions to the provisions in this Section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this Section.

1. Your Liability. 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 business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50.00 or the amount of unauthorized EFTs that occur before notice to us.
   2. If you fail to notify us within two 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:

1. $50 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and;
2. The amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.

3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60- day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.

4. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to a reasonable

5. You may notify us in person, by telephone, or in

1. 1. Telephone Number and Address. If you believe that an unauthorized EFT has been made, you may contact the bank at the following address or telephone

Mailing Address:

Chesapeake Bank

P O Box 1419

Kilmarnock, VA 22482

Telephone Number:

877-436-9032

IX.  Security

You will choose a Login ID and an initial password when you enroll in Online Banking that will give you access to your Eligible Accounts. Any password provided by the Bank must be changed within Online Banking. We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Eligible Account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify us immediately at the Telephone Number and/or Address given in Section VII, Subsection C above.

The Customer acknowledges and understands that the Bank will provide the following additional security features. It is up to the Customer to put these features into place.

• Multifactor Authentication
• Secure Tokens
• Text Alerts

X.  Liability

1. Our Liability. Our liability to you is explained in any agreements, notices, and disclosures that we

separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Financial Services through Online Banking. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Financial Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ONLINE BANKING OR USE THEREOF OR INABILITY TO USE BY YOU, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES.

We will not be obligated to honor, in whole or in part, any transaction or instruction that:

1. is not in accordance with any term or condition applicable to the relevant Online Financial Service or Eligible Account;
2. we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
3. would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
4. would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
5. is not in accordance with any other requirement of our applicable policies, procedures or practices; or
6. we have reasonable cause not to honor for our or your

No Warranty. YOU EXPRESSLY AGREE THAT ONLINE BANKING AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS, OR OTHERWISE. YOU FURTHER AGREE THAT USE OF ONLINE BANKING AND RELATED MATERIALS IS AT YOUR SOLE RISK.

1. Indemnification. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our parent company, affiliates and subsidiaries, and our respective directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses (including, without limitation, attorney’s fees) arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Online Banking by
2. Notice of Errors. Please promptly notify us by e-mail or telephone if you become aware of any errors in our Online Banking service, such as broken hyperlinks on the Website, errors in displayed data, failures

to authenticate valid passwords, or failures to process instructions. If this Agreement or the agreement governing a specific Online Financial Service requires specific notice of an error, such as Section VII (B), you must comply with the specific notice requirement.

1. Third Parties. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider including without limitation Mozilla (Firefox) or Microsoft (Internet Explorer), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through Online

XI.   General Provisions

1. Termination. Unless otherwise required by applicable law, the Bank may terminate this Agreement and/or your access to any Online Financial Service through Online Banking, in whole or in part, at any time.

Access to the Online Financial Services through Online Banking, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling the Bank’s Online Banking Support at 877-436-9032.

If you do not access your Eligible Accounts via Online Banking for any nine-month period, we may terminate your Online Banking.

If you wish to cancel any of your Online Financial Services, contact the Bank at or send us cancellation instructions to;

Mailing Address:

Chesapeake Bank

P O Box 1419

Kilmarnock, VA 22482

Telephone Number:

877-436-9032

1. Changes. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time. If such a change is made, and it can’t be disclosed without jeopardizing the security of the system, this Agreement will be updated within 30 days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing use. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

1. 1. Assignment. We may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
   2. Notices. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING,

THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET E-MAIL ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS. ANY SUCH ELECTRONIC MAIL SENT TO YOU BY THE BANK WILL BE CONSIDERED RECEIVED WITHIN THREE DAYS OF THE DATE SENT BY THE BANK, REGARDLESS OF WHETHER OR NOT YOU SIGN ON TO ONLINE BANKING WITHIN THAT TIME FRAME.

1. Disclosure of Information. The circumstances under which we will disclose information about you, your Eligible Accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our privacy policy disclosed at our

1. Access to Systems. We will allow you access through the Website to our systems solely for the purpose of Online Banking and you agree that you will not access our systems for any other You agree not to access our Website or systems for any illegal, immoral or unethical purposes, including denying access to others, circumventing our security measures or attempting to improperly access or alter any data stored on our systems.

1. Equipment. You are responsible for obtaining, installing, maintaining and operating all computer equipment used to access Online Banking and/or any Online Financial We will not be responsible for any error or failures from the malfunction or failure of your computer equipment.

XII.   Fees

1. Online Banking. The general use of Online Banking (viewing account balances, viewing transaction history, affecting funds transfers, and other functions) is provided free of charge. Other fees may be assessed and billed separately by your internet or telephone service

1. Stop Payments. For each Stop Payment affected online, a fee may be

1. Bill Pay. The general use of Bill Pay (creating payees, setting up payments, sending payments, reviewing history, and other functions) is provided free of

1. Miscellaneous Fees and Charges. The fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to those account(s) and to your Online Financial All charges will be automatically deducted from your account and will appear on your account statement. All fees are subject to change.

• Additional Products and Services

This section contains additional products and services that may be offered through Online Banking. Unless otherwise stated, all terms and condition stated above apply to all additional products and services. Additional products and services may be added, modified or removed at any time without notice

A.  Stop Payments

By directing the Financial Institution to stop payment on a transaction(s), the account holder agrees that the Financial Institution is not obligated to honor a stop payment request that does not contain accurate information provided in a timely manner. The account holder understands that it is necessary to provide the correct information related to the transaction, and that a failure to do so may result in the payment of the above item. The account holder agrees to hold harmless and indemnify the Financial Institution for all expenses, costs, and damages incurred by payment of the above item if such payment is the result of failure of the account holder to furnish any item of information requested above completely, accurately, and correctly, according to the time requirements noted below. If written confirmation is required, oral stop payment orders will cease to be binding after 14 calendar days unless written confirmation is provided to the Financial Institution by the account holder within that 14 day period.

Additional Terms and Conditions for Stop Payments of ACH/Converted Check Items Affecting Consumer Accounts

The stop payment order shall remain in effect until the earlier of (1) the withdrawal of the stop payment order by the account holder, or (2) the return of the debit Entry, or, where a stop payment order is applied to more than one debit Entry under a specific authorization involving a specific Company, the return of all such debit Entries. For PPD Entries, IAT Entries, recurring TEL Entries, and recurring WEB Entries: At least three Banking Days advance notice prior to the expected transfer date of the debit Entry may be required to implement the stop payment request. If the stop payment order is received within three Banking Days of the expected transfer date, the Financial Institution will attempt to satisfy the request of the account holder but will not be held liable if sufficient time was not provided. For ARC Entries, BOC Entries, POP Entries, RCK Entries, Single Entry TEL, and Single Entry WEB: The stop payment request must be provided to the Financial Institution in such a time and in such a manner as to allow the Financial Institution reasonable time to act on the request prior to acting on the debit Entry.

Additional Terms and Conditions for Stop Payments of ACH/Converted Check Items Affecting Business (Non- Consumer) Accounts

The stop payment order will remain in effect until the earlier of (1) the withdrawal of the stop payment order by the Receiver; (2) the return of the debit Entry; or (3) six months from the date of the stop payment order, unless it is renewed in writing. The stop payment order must be provided to the Financial Institution at such time and in such manner as to allow the Financial Institution a reasonable opportunity to act upon the stop payment order prior to acting on the debit Entry.

Additional Terms and Conditions for Stop Payments of Check/Share Draft/Paper Draft Items

The stop payment order is effective for six months and may be renewed for additional six-month periods by written request to the Financial Institution within the period during which the stop payment order is effective. The stop payment request must be provided to the Financial Institution in such a time and in such a manner as to allow the Financial Institution reasonable time to act on the request prior to acting on the item.

B.    Mobile Deposit

This Mobile Deposit Agreement (“Agreement”) contains the terms and conditions for the use of mobile remote deposit services (“Services”) provided by Chesapeake Bank (“the Bank”, “us”, “our”, or “we”) to you (“you” or “User”). Other agreements you have entered into with the Bank, including the Online Banking Agreement (for consumers) regarding your account(s) at Chesapeake Bank, are incorporated by reference and made a part of this Agreement.

1. The Services are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing the image of a check and

delivering the images and associated deposit information to the Bank or our designated processor through a mobile device.

2. Acceptance of These Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change at any We will notify you of any material change via an update in your online banking but may advise of changes in other manners including but not limited to email, text message and or links to updated agreements on the Bank’s website. Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the 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.

3. Limitations of Services. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts to notify you of these interruptions in the Services. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

4. Hardware and In order to use the Services, you must obtain and maintain, at your expense, compatible Smartphone with an active data plan and download the Chesbank Mobile App. The Bank is not responsible for any third-party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.

5. At this time the Bank does not charge a fee for this service, however additional mobile-carrier messaging and data rates may apply.
6. Eligible You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to the Bank is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

• Checks payable to any person or entity other than the person or entity that owns the account to which the check is being deposited.
• Checks containing any alteration, or which you know or suspect, or should know or suspect, are fraudulent, counterfeit, or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all
• Checks previously converted to a substitute check, as defined in CC.
• Checks drawn on a financial institution located outside the United
• Checks that are remotely created checks, as defined in CC.
• Checks not payable in United States
• Checks dated more than 6 months prior to the date of
• Checks or items prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your account.
• Checks with any endorsement other than that specified in this
• Checks that have previously been submitted through the Services or through a remote-deposit- capture service offered at any other financial institution.
• Checks that have previously been deposited or negotiated in any way via any method at the Bank

or at any other financial institution.

In addition, we will not accept the following items:

• Cash Advance Checks
• Cashier’s Checks
• Comdata Checks
• HELOC (Home Equity Line of Credit) Checks
• Money Orders
• Savings Bonds
• Travelers Checks
  
  7. Endorsements and You agree to restrictively endorse any item transmitted through the Services as your signature followed by “For mobile deposit only” and “Chesapeake Bank”; or as otherwise instructed by the Bank. Lack of proper endorsement will cause your item to be denied. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time.

8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete, or will be considered a deposit and credited to your We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

9. Availability of Funds. Checks deposited via the Services by 6:00 p.m. Eastern Time will be considered deposited on that business day. Funds deposited using mobile deposit will generally be made available unless there is reason to place a hold on the funds. Typically, if a hold is placed, $225 will be made immediately available with the balance available in two (2) business days. Under certain circumstances an exception hold may be placed for up to seven (7) business New accounts or when there is a reasonable cause to doubt collectability of a check fall into the exception category and the $225 availability does not apply.

10. Disposal of Transmitted Upon your receipt of a confirmation from us that we have received the image that you have transmitted, you agree not to re-deposit, transmit, or present the check at any other institution or to us. You agree to retain the original check for 14 calendar days from the date of the image transmission. After 14 days, you agree to destroy the original check. During those 14 days, you agree to properly handle the original check and upon request, promptly provide it to the Bank.

11. Deposit Limits. We reserve the right to and may establish limits on the dollar amount and/or the number of items we accept for deposit from you using the Services from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject the deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

12. The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to the agreements governing your account.

13. You agree to notify the Bank of any suspected errors regarding items deposited through the Services immediately, and in no event later than 60 days after the applicable Bank account statement is sent. Unless you notify the Bank within 60 days, such statement shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.

14. Errors in By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed to other parties thereby.

15. Image The image of an item transmitted to the Bank using the Services must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse, or association.

16. User Warranties and You warrant to the Bank that:

• You will only transmit eligible and legible
• You will not transmit duplicate
• You will not re-deposit or re-present the original
• All information you provide to the Bank is accurate and
• You will comply with this Agreement and all applicable rules, laws, and
• You are not aware of any factor which may impair the collectability of the
• You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty
  
  17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor-quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Services in your possession and your records relating to such items and transmissions.
  18. We may terminate this Agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes, or you use the Services in a manner inconsistent with the terms of your account agreement or any other agreement with us.

19. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

20. Ownership and You agree that the Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner,

(ii) for any purpose which would be contrary to the Bank’s business interests, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only in accordance with this Agreement. 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 Services.

21. DISCLAIMER OF YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

22. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

Your use of Chesapeake Bank’s Online Banking system constitutes implied acceptance of and agreement to the terms and conditions provided in the agreement above.

Revised 7/15/2024