Common use of Our Liability for Failure to Complete Transactions Clause in Contracts

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable: • If, if through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transactiontransfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (if applicable)Reserve Overdraft Line of Credit; • The Service and/or if the payment processing center is ATM, terminal or system was not working properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you breakdown when you attempted started the transfer; • The payment if circumstances beyond our control (such as fire, power outage, equipment failure or transaction request involves funds subject to hold, dispute, restrictionflood) prevent the transfer despite reasonable precautions we have taken; • if the card or PIN has been reported stolen, or legal process we believe prevents their withdrawal; • We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or • Circumstances beyond control for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency as defined in Chapter 93A of Massachusetts General Laws; • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, our Service Providerstelephone us at once at 000- 000-0000, or as soon as you can, write to: Brookline Bank, PO Box 470469 Brookline, MA 02447-0469 Attn: Electronic Banking We must hear from you no later than sixty (60) calendar days after we send or make available to you 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 this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have 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 ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers properly and you hereby hold Hometown Bank harmless for failure to do so timely and/or completely make all your transfers properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancescircumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • Delays in mail delivery; • If we make a timely transfer but the recipient nevertheless does not credit your transfer promptly or correctly after receipt of the transfer; • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information for the Xxxxxx. ; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)mobile device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly, properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer; • The payment or transaction transfer request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction tranfer request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Serviceservice, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or • If you, or Payment Account, anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply violates any law or regulation in connection with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesService.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable: • If, if through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transactiontransfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (if applicable)Reserve Overdraft Line of Credit; • The Service and/or if the payment processing center is ATM, terminal or system was not working properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you breakdown when you attempted started the transfer; • The payment if circumstances beyond our control (such as fire, power outage, equipment failure or transaction request involves funds subject to hold, dispute, restrictionflood) prevent the transfer despite reasonable precautions we have taken; • if the card or PIN has been reported stolen, or legal process we believe prevents their withdrawal; • We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or • Circumstances beyond control for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, our Service Providerstelephone us at once at 000- 000-0000, or as soon as you can, write to: Bank Rhode Island Attn: Electronic Banking PO Box 9488 Providence, RI 02940 We must hear from you no later than sixty (60) calendar days after we send or make available to you 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 this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have 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 ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancescircumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the Xxxxxx. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly, properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfertransfer or OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or • If you, or Payment Account, anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We If we do not complete a funds transfer request to or from your Account on time or in the correct amount according to this Agreement, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages, except as set forth in this Agreement. However, in some instances, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one may refuse a request for a withdrawal or more of the transfer from an Account. The following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such aslist includes, but is not limited to, firethe most common reasons we might refuse such requests: ● If the funds you wish to withdraw are not yet available; (See Schedule 2 Funds Availability, floodTransaction Limits and EFT Disclosures); ● If there are insufficient funds in your Account; ● If you use a type of check not acceptable to us; ● If the funds you wish to withdraw are being held due to cashing of a third-party check against the Account or for any other reason; ● If the withdrawal would consist of money owed to us; ● If the withdrawal you are requesting is of the type that is limited by federal regulations, and you have already reached the applicable limit; ● If it would violate any guideline, rule, policy, or interference from regulation of our Bank partners, our own compliance programs, any government authority or funds transfer system; ● If, in the case of a joint account, any Account signer gives us written instructions not to permit a withdrawal; ● If the Account is pledged as collateral for a loan; ● If an outside force) prevent the proper execution of the transaction Account owner has died and we have taken reasonable precautions not received all documents required to avoid those circumstances. Provided none release funds in the Account; ● If we have been ordered by a court or other legal process not to permit the withdrawal; ● If you do not present us with appropriate identification or any other information that we may require; ● If we are aware of any dispute relating to the foregoing exceptions are applicableAccount or funds in the account; ● If we have some suspicion of fraud, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)irregularity, or Payment Account, illegality; ● If we believe that the signature on a check or causes funds from item drawn on your Payment Account to be directed to a Xxxxxx, which and presented for payment does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds appear similar to your Payment Account, and for directing that appearing in our records; ● If there are any processing errors that are outside of our control; or ● If we are otherwise required to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesdo so by Bank or applicable law.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Xxxx Payments properly. However, we shall incur no liability and any guarantee Xxxx Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction. • ; You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx. • ; Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed. • ; If your electronic device(s)computer, software, telecommunication lines were not working properly, properly and this problem should have been apparent to you when you attempted the transfertransfer or Xxxx Payment; • It can be shown that the Xxxxxx received the Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account, Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable: • If, if through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transactiontransfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (if applicable)Reserve Overdraft Line of Credit; • The Service and/or if the payment processing center is ATM, terminal or system was not working properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you breakdown when you attempted started the transfer; • The payment if circumstances beyond our control (such as fire, power outage, equipment failure or transaction request involves funds subject to hold, dispute, restrictionflood) prevent the transfer despite reasonable precautions we have taken; • if the card or PIN has been reported stolen, or legal process we believe prevents their withdrawal; • We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or • Circumstances beyond control for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency as defined in Chapter 93, our Service Providerssection 50 of Massachusetts General Laws; • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, telephone us at once at 000- 000-0000, or as soon as you can, write to: Brookline Bank, PO Box 470469 Brookline, MA 02447-0469 Attn: Electronic Banking We must hear from you no later than sixty (60) calendar days after we send or make available to you 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 this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have 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 ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our Agreement with you, we will be liable for your actual losses or damages. We will use commercially reasonable efforts to make all your transfers properly and you hereby hold Hometown Bank harmless for failure to do so timely and/or completely make all your transfers properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancescircumstances pertaining to your account: • o If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • o Delays in mail delivery; o If we make a timely transfer but the recipient nevertheless does not credit your transfer promptly or correctly after receipt of the transfer; o The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction. • ; o You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information for the Xxxxxx. • ; o Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed. • ; o If your electronic device(s)mobile device or any other device and/or means of accessing the internet and/or providing use of the Service, software, including software and telecommunication lines were not working properly, properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer; • o The payment or transaction transfer request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; • o If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the internet and/or providing use of the Service including, but not limited to, a hacker or hacking program; o We have reason to believe that a payment or other transaction transfer request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • o Circumstances beyond control of the Serviceservice, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or o If you, or Payment Account, anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any guarantee Bill Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • ● If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • ● The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction. • ; ● You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx. • ; ● Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed. • ; ● If your electronic device(s)computer, software, telecommunication lines were not working properly, properly and this problem should have been apparent to you when you attempted the transfertransfer or Bill Payment; • ● It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; ● The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; • ● We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • ● Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. ● Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account, Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account payment account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account payment account information, or the correct name, address, phone number, or account information for the Xxxxxxxxxxxx. • Your Eligible Account(s), including either your Payment Account payment account or Billing Accountbilling account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, ) or causes funds from your Payment Account to be directed to a Xxxxxxxxxxxx, which does not comply with your Payment Instructionspayment instructions, this Financial Institution we and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts If we do not complete a transaction or transfer to make all or from your transfers properlyaccount on time or in the correct amount according to our agreement with you, we may be liable for your losses and damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will NOT be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable, for example, if: • If, through Through no fault of ours, you do not have enough available funds in your Eligible Account(s) and/or Payment Account does not contain sufficient funds account to complete the transaction, or make the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment transaction or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawaltransfer would exceed any permitted overdraft line you have with us; • We The ATM where you are making the transaction or transfer does not have reason to believe that a payment enough cash; • The terminal or other system was not working properly and you knew about the breakdown when you started the transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or transfer. • Circumstances beyond our control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, power failure, labor dispute, computer breakdown, telephone line disruption or interference from an outside forcea natural disaster) prevent the proper execution of or delay the transaction and we have taken or transfer, despite reasonable precautions taken by us; • The Card or PIN you provide is incorrect or incomplete, has been reported lost or stolen, has expired, is damaged so that the encoding strip cannot be read, is inactive due to avoid those circumstancesnon-use, is retained by us due to your misuse or suspected fraudulent activities, or is retained by us at your request; • Our failure to complete the transaction or the placement of a block on your account is done to protect the security of your account and/or the terminal system; • The transaction is prohibited by this Agreement and Disclosure, by law, regulation, or court order, or is illegal; • The funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; or • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely. There may be other exceptions stated in our agreement with you. Provided that none of the foregoing exceptions are applicable, if the Service causes we cause an incorrect amount of funds to be removed from any of your Eligible Account(s)account, or Payment Account, or causes caused funds from your Payment Account account to be directed to a Xxxxxx, person or entity which does not comply with your Payment Instructionsinstructions, this Financial Institution and/or its Service Providers we shall be responsible for returning the improperly transferred funds to your Payment Account, account and for directing to the proper Xxxxxx recipient any previously misdirected transactionstransfers. THE FORGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, andINDIRECT, if applicableSPECIAL, for any late payment related chargesINCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR SERVICE.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancescircumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the Xxxxxx. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly, properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfertransfer or OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or • If you, or Payment Account, anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable: • If, if through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transactiontransfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (if applicable)Overdraft Line of Credit; • The Service and/or if the payment processing center is ATM, terminal or system was not working properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you breakdown when you attempted started the transfer; • The payment if circumstances beyond our control (such as fire, power outage, equipment failure or transaction request involves funds subject to hold, dispute, restrictionflood) prevent the transfer despite reasonable precautions we have taken; • if the card or PIN has been reported stolen, or legal process we believe prevents their withdrawal; • We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purposes; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization, or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or • Circumstances beyond control for verification of the Service, our Service Providers, existence and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution condition of the transaction your Account for a credit bureau and merchant; • to a consumer reporting agency as defined by N.Y. Gen. Bus. Law § 380-a; • to certain third parties with whom we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of joint marketing agreements; or • by your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargeswritten authorization.

Our Liability for Failure to Complete Transactions. We If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable: • If, through no fault of ours, you do not have enough money in your Eligible Account(s) and/or Payment Account does not contain sufficient funds account to complete make a transfer or bill payment; or • If a legal order directs us to prohibit withdrawals from the transaction, account; or • If your account is closed or if it has been frozen; or • If the transaction transfer or bill payment would exceed cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; or • If you, or anyone you allow, commits any fraud or violates any law or regulation; or • If any electronic terminal, telecommunication device or any part of your overdraft account (if applicable); • The Service and/or the payment processing center electronic fund transfer MyOnlineBanking is not working properly, and ; or · If you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service us with the complete and correct Payment Account payment information, or including without limitation the correct name, address, phone account number, or account information and payment amount for the Xxxxxx. payee on a bill payment; or • Your Eligible Account(s)If you have not properly followed the instructions for using MyOnlineBanking; or • If circumstances beyond our control (such as fire, including either flood or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us; or • If you did not give us complete, correct and current instructions regarding any transfer; or • If you did not authorize a payment soon enough for the payment to be made, transmitted, received and credited by the Payee on or before the due date; or • If we made a timely payment but the payee did not promptly credit your Payment Account payment after receipt; or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfercomputer malfunctioned for any reason; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that · If a payment or other transaction request may transfer could not be authorized by completed because MyOnlineBanking system was unavailable, as discussed in Section 16; or • If you or we terminate this Agreement before a transfer is scheduled to occur. There may be other exceptions stated in our Agreement with you. In any third party whose authorization case, we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but will not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning any errors or failures due to any malfunction of your computer or to any unsuitability or incompatibility of your computer that may be associated with the improperly transferred funds to your Payment Accountuse of an online service, and for directing to regardless of the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargescause of the error or failure.

Our Liability for Failure to Complete Transactions. We If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses or damages. However, we shall incur no liability and will not be liable for any guarantee shall be voided special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we are unable to complete any transactions initiated by you because have knowledge of the existence of any one or more possibility of the following circumstancesloss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond our reasonable control. For instance, we will not be liable: • □ If, through no fault of ours, you don’t have enough available funds in your Eligible Account(s) and/or Payment Account does not contain sufficient funds account to complete the transaction, or cover the transaction would exceed the credit limit of your overdraft account (if applicable)or transfer; • The Service and/or the payment processing center is not □ If Internet Banking services weren’t working properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction when you started the transaction or transfer; □ If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we’ve taken; or □ If there are postal delays or processing delays by the Payee; There may be other exceptions not specifically mentioned. For business accounts only (including accounts owned by Sole Proprietors and Trusts)  Protecting Your Passcode You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify the Bank and select a new passcode if you believe your passcode may have become known to an unauthorized person. The Bank will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you execute have notified the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control Bank of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction possible unauthorized use and we have taken had a reasonable precautions opportunity to avoid those circumstancesact on that notice. Provided none of the foregoing exceptions are applicableWe may suspend or cancel your passcode even without receiving such notice from you, if the Service causes we suspect your passcode is being used in an incorrect amount of funds to be removed from any of your Eligible Account(s), unauthorized or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesfraudulent manner.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers properly and you hereby hold Hometown Bank harmless for failure to do so timely and/or completely make all your transfers properly. However, we shall incur no liability and any guarantee shall be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancescircumstances pertaining to your account: •  If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); •  Delays in mail delivery;  If we make a timely transfer but the recipient nevertheless does not credit your transfer promptly or correctly after receipt of the transfer;  The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction. • ;  You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information for the Xxxxxx. • ;  Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed. • ;  If your electronic device(s)mobile device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly, properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer; •  The payment or transaction transfer request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; •  If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program;  We have reason to believe that a payment or other transaction tranfer request may not be authorized by you or any third party whose authorization we believe is necessary; and/or •  Circumstances beyond control of the Serviceservice, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or  If you, or Payment Account, anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply violates any law or regulation in connection with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesService.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Xxxx Payments properly. However, we shall incur no liability and any guarantee Xxxx Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx. ; • Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, software, telecommunication lines were not working properly, properly and this problem should have been apparent to you when you attempted the transfertransfer or Xxxx Payment; • It can be shown that the Xxxxxx received the Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. • Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account, Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any guarantee Bill Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. Payee; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, software, telecommunication lines were not working properly, properly and this problem should have been apparent to you when you attempted the transfertransfer or Bill Payment; • It can be shown that the Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, Account ,or causes funds from your Payment Account to be directed to a XxxxxxPayee, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not complete a transaction to or from your Uphold USD Account on time or in the correct amount according to this Agreement, we will use commercially reasonable efforts to make all be liable for your transfers properlylosses and damages proximately caused by us. However, we shall incur no liability and any guarantee shall there are some exceptions. We will not be voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable, for instance: • If(i) if, through no fault of ours, you do not have enough funds available in your Eligible Account(sUphold USD Account to complete a transaction; (ii) and/or Payment Account if a merchant refuses to accept your Card or provide cash back; (iii) if an ATM where you are making a cash withdrawal does not contain sufficient funds have enough cash; (iv) if an electronic terminal where you are making a transaction does not operate properly; (v) if access to complete the transactionyour Card has been blocked after you reported your Card or Access Code(s) (“Access Code” includes your user ID(s), or the transaction would exceed the credit limit of your overdraft account (if applicablepassword(s); • The Service and/or the payment processing center is not working properly, PIN(s), and you know any other access code or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(s), including either credential related to your Payment Uphold USD Account or Billing Account, Card) lost or stolen; (vi) if there is closed. • If a hold on your electronic device(s), software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer; • The payment Uphold USD Account or transaction request involves your funds are subject to hold, dispute, restriction, or legal process or other encumbrance restricting their use; (vii) if we believe prevents their withdrawal; • We have reason to believe that a payment or other the requested transaction request may not be authorized by you is unauthorized; (viii) if circumstances beyond our or any third party whose authorization we believe is necessary; and/or • Circumstances beyond service provider’s control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, flood or interference from an outside forcecomputer or communication failure) prevent the proper execution completion of the transaction and transaction, despite reasonable precautions that we have taken reasonable precautions taken; or (ix) for any other exception stated in our Agreement with you. Except to avoid those circumstances. Provided none of the foregoing exceptions extent required by applicable law, we and the Program Manager will not be liable for damages comprising lost profits, business interruption, consequential damages, extraordinary damages, special damages (even if we are applicable, if the Service causes an incorrect amount of funds to be removed from aware that you may incur any of your Eligible Account(s), these damages) or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargespunitive damages.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any guarantee Bill Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, software, telecommunication lines were not working properly, properly and this problem should have been apparent to you when you attempted the transfertransfer or Bill Payment; • It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any guarantee Bill Payment Service Guarantee shall be voided void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is not working properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed. ; • If your electronic device(s)computer, software, internet service, and/ or telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfertransfer or Bill Payment; • It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. • Activity and tracking logs of the Service show that you began a transfer or payment process but failed to complete the final submission of the transaction. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers properly. HoweverIn the performance of the services required by this Agreement, we shall incur no liability be entitled to rely solely on the information provided by you, your authorized users, or any of your Team Members. Except as otherwise specifically provided by law, we and any guarantee Revolut shall be voided responsible only for performing the services expressly set forth in this Agreement, and we and Revolut shall only be liable to you in the event of loss due to our gross negligence or willful misconduct. In no event will we or Revolut be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. Without limiting the foregoing in this Section, we and Revolut shall not be liable for, and we shall be excused from failing to act, or from any delay in acting, if we are unable to complete any transactions initiated by you because of the existence of any one such failure or more of the following circumstancesdelay is caused by: • If(a) if, through no fault of oursours or of Revolut, you do not have enough funds available in your Eligible Account(s) and/or Payment Card Account does not contain sufficient funds to complete the transaction, ; (b) if a merchant refuses to accept your Card or the provide cash back; (c) if an ATM where you are making a cash withdrawal does not have enough cash; (d) if an electronic terminal where you are making a transaction would exceed the credit limit of your overdraft account (if applicable); • The Service and/or the payment processing center is does not working operate properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before problem when you execute initiated the transaction. • You have not provided the Service with the correct Payment Account information, ; (e) if access to your Card has been blocked after you reported your Card or the correct name, address, phone number, or account information for the Xxxxxx. • Your Eligible Account(sAccess Code(s) (“Access Code” includes your user ID(s), including either your Payment Account or Billing Account, is closed. • If your electronic device(spassword(s), software, telecommunication lines were not working properlyPIN(s), and this problem should have been apparent any other access code or credential related to you when you attempted the transferyour Card Account) lost or stolen; • The payment (f) if there is a hold or transaction request involves your funds are subject to hold, dispute, restriction, or legal process or other encumbrance restricting their use; (g) if we believe prevents their withdrawal; • We or Revolut have reason to believe that a payment the requested transaction is unauthorized; (h) if circumstances beyond our or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or • Circumstances beyond Revolut’s control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, flood or interference from an outside forcecomputer or communication failure) prevent the proper execution completion of the transaction and we have taken transaction, despite reasonable precautions that we or Revolut have taken; (i) if, in our sole discretion, processing a transaction would violate any law or cause us to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes engage in an incorrect amount of funds to be removed from any of your Eligible Account(s), unsafe or Payment Account, unsound practice; or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, (j) for any late payment related chargesother exception stated in our Agreement with you.