Online self-enrollment is available to our Consumer customers.

ONLINE BANKING SERVICES TERMS AND CONDITIONS

By clicking the “I Agree” button you are consenting to receive the Online Banking Services Terms and Conditions electronically, in lieu of a paper form. You may print or save the document by clicking on the “Print/Save” button. You may request a paper copy (free of charge) of the Online Banking Services Terms and Conditions by contacting Client Services at 800.624.0102 or by sending a written request to: Colorado/Arizona Business Bank and CoBiz Private Bank, PO Box 8779, Denver, CO 80201. If you would rather not receive or enroll in Online Banking electronically, you can still become an Online Banking user by contacting Client Services at 800.624.0102 or visiting any of our bank locations. To access the Online Banking Services Terms and Conditions you will need an electronic device with up to date internet browser capabilities and Internet access. We will contact you with any change in the hardware or software requirements needed to access and retain electronic communications.

Print/Save Terms and Conditions

I. ONLINE BANKING SERVICES TERMS AND CONDITIONS

THIS Disclosure of Terms and Conditions for Online Banking Services describes the Internet banking services (“Services”) that are available to you, and the terms and conditions under which we will provide those services. The terms “we,” “us,” “our,” and “Bank” refer to the bank at which your accounts are held: Colorado Business Bank including CoBiz Private Bank in Colorado or Arizona Business Bank including CoBiz Private Bank in Arizona. Unless otherwise noted, “account” refers to each account at the Bank designated by you for use with any of the Services. “You” or “your” refers jointly and severally to the account owner and to each signer on an account.

By submitting an Application and utilizing the Services, you agree to be bound by, and comply with, these terms and conditions and other terms and conditions communicated by us in writing, or via the Online Banking Internet site, from time to time.

The Services will be available to you when you complete the applicable enrollment process for each or any of the Services and it is accepted by us. Our acceptance of the request shall be effective upon provision of an identification number to you by the Bank.

With the Online Banking Service you will be able to transfer funds between accounts you have with us, transfer funds between your accounts with us and accounts with other institutions, place a stop payment order on checks, access account information, and pay bills (through a contract provider) over the Internet using a personal computer and modem. The Services will be available subject to the following terms and conditions:

The owner of each account will be subject to these terms and conditions.
All other terms and conditions applying to the accounts will continue to apply. These other terms and conditions include, but are not limited to, limitations on the number of transfers or withdrawals that may be made fromMoneyMarket and Savings Accounts within a certain time.
You must follow all of the instructions and procedures applicable to the Services that are communicated by us in writing, or via the Online Banking Services Internet site, from time to time.
You may access the Online Banking system 7 days a week, 24 hours a day unless the system is unavailable due to periodic system upgrades and maintenance or to circumstances beyond our control; however certain transactions may not be processed until the next Business Day on which we are open for substantially all of our banking functions. Funds transfers and bill payments made after 6:00 p.m. Mountain Time will be processed on the next Business Day. Mobile Remote Deposit made after 7:00 p.m. Mountain Time will be processed on the next Business Day.
If you use the Direct Connect OFX Services, we are not responsible if you fail to properly use the third party personal finance software you choose to use in connection with any Service or for any weaknesses in the security of such software.
If you use Bank to Bank Transfer Service, you may transfer funds from or to your accounts with us and accounts that you own at other Financial Institutions. You may submit up to five inbound transfers and five outbound transfers per day. The total dollar amount of inbound transfers per day cannot exceed $10,000. The total dollar amount of outbound transfers per day cannot exceed $10,000. You may set up recurring or future dated transfers. These transfers will count towards your total transfers on the day that the transfer is scheduled to occur.
You may access Online Banking via our Mobile Banking services with any web-enabled device. You may also receive text messages with specific account information. You may be charged access or service fees by your phone, internet or mobile phone provider based on your individual plan.
You may use Online Financial Management (OFM) to manage your finances, budget income, expenditures, set savings goals and organize your assets and liabilities. OFM is designed to keep track of your financial information. OFM is third party software which the Bank may make available to you while the Bank offers the software to its customers. You may use OFM subject to the license agreement described below.

A. DOCUMENTATION

You will get a monthly account statement from us for your checking or money market account(s). You will get a monthly account statement from us for your savings account(s) unless there are no electronic transfers in a particular month. In any case, you will get a statement at least quarterly.

B. ACCESS TO AND YOUR RESPONSIBILITY FOR SERVICES

In order to access the Service or Services, you must be an Online Banking user and utilize the identification number provided by us, as well as the password initially provided by us. Upon receipt, you may select a “pseudo” identification number and must change the password as determined by you.

For our Consumer Customers:

You must use caution to safeguard your login credentials and all computer systems which you use to access Online Banking. If you believe that your login credentials have been compromised, notify the Bank immediately for issuance of new credentials. As with all online Services offered by Bank, the internet is an inherently unsecure environment, and the risk of attacks on computer systems and computer channels of communication are constantly changing and increasing. To ensure your privacy and the safety of your accounts, you must adopt and constantly evaluate security measures which are designed to prevent intrusion, inadvertent disclosure, and access to your accounts both in the Bank and in other institutions. The Bank is not responsible for the failure of your computer security, or the theft of your login credentials.

For our Business Customers:

You must designate and identify to us a system administrator (Business Online Banking Administrator) to receive and use the identification number and temporary Password provided by us. The Business Online Banking Administrator shall be authorized to establish, edit and delete user permissions. The Business Online Banking Administrator will perform these functions through the Business Online Banking system which is not monitored by the Bank. The Business Online Banking Administrator shall implement and monitor password, internet, and computer security for you in accordance with these Terms and Conditions and all applicable agreements and terms and conditions between you and the Bank.

You acknowledge that any person who obtains the identification number and password will have access to the accounts and may utilize the Services associated with those accounts. You will be liable for all transactions made by persons with the identification number and password, even if they exceed their authority. This is true when the identification number and password were furnished to the other person by you, whether or not you attempted to impose limits on that person's use of the account. The identification number and password should be maintained in strict confidence by you without disclosure to other persons or disclosure of the password to us. You shall be responsible for safeguarding your account information and protecting access to your password and identification number.

If you desire to terminate a person's authority or change the identification number, you must notify us and must take steps to change the identification number and password. You must request us to change the identification number; you alone must change the password and take steps to prevent further access by unauthorized persons.

C. TERMINATION OF SERVICES

We may terminate any of the Services any time after the commencement of any voluntary or involuntary bankruptcy, dissolution, or liquidation by or against you, the breach by you of the terms of the Services (including without limitation, your failure to provide adequate safeguards and technological solution to ensure the security of your computer or other devices, security information, access codes or other items associated with the Services), if you transmit damaged or malfunctioning files to us, our belief that you are engaged in any fraudulent or criminal activity, there has been a breach in the security of any Service, or at any time after notice to you. In the event that you desire to terminate the Services you must notify us by phone or in writing at the telephone number or address at the end of this disclosure, to the attention of account Services.

D. PREAUTHORIZED PAYMENTS

If you have told us in advance to make regular payments out of an account, you can stop any of these payments. We charge for each stop payment placed on your account. Please refer to our separate fee schedule for the amount we will charge you for each stop payment. Call or write us at the telephone number or address listed at the end of this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages not to exceed the amount of the payment.

E. LIABILITY OF BANK

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will correct the error as soon as we discover it, or as soon as you advise us of the error. Other than correcting the error, we will have no liability to you except for the Bank’s gross negligence or willful misconduct. However we will not be liable for:

Insufficient available funds, or credit availability, in the account;
Equipment failure by the Bank's or your equipment that should have been apparent at the time of utilizing the Services;
Technical or other difficulties you may encounter in using the Services;
Your failure to follow our instructions or to supply complete and accurate instructions or payor or payee account designations;
Your failure to initiate the transfer, stop payment request, or payment within the time requirements communicated by us;
Funds in the account are subject to set off, legal process or other claim restricting the transaction; and
Other causes or circumstances beyond our reasonable control.

In any event, the Bank will not be liable for indirect, special, incidental, consequential, exemplary or punitive damages.

F. INDEMNITY

You agree to indemnify Bank for, and hold Bank harmless from and against, any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising in connection with the use of any of the Services or from a breach of any of your warranties, representations or obligations under these Terms & Conditions or any other agreement between you and Bank, including, but not limited to, the Terms and Conditions of Your account Agreement, and the terms of this paragraph shall survive the termination of any of the Services.

G. CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

Where it is necessary for completing transfers; or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
In order to comply with government agency or court orders; or
If you give us written permission; or
As explained in the separate Privacy Disclosure.

H. UNAUTHORIZED TRANSFERS – CONSUMER ACCOUNTS

(a) Consumer Liability. Tell us AT ONCE if you believe your identification number or password or both have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. If the unauthorized use of your lost or stolen identification number or password occurs through no fault of yours, no liability will be imposed on you. Otherwise, you will be liable for the lesser of:

$50.00, or
The amount of any money, property, or services obtained by unauthorized use of the identification number or password before you gave us notice.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. Except for electronic funds transfers made by card or other device for use at a communications facility, such as an ATM, if you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time and, as to transactions arising from the unauthorized use of the identification number or password, if your failure to examine your statement or tell us constitutes a lack of due diligence on your part. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

(b) Contact in event of unauthorized transfer. If you believe your identification number or password or both have been lost or stolen, call or write us at the telephone number or address listed at the end of this disclosure. You should also call the number or write to the address listed at the end of this disclosure if you believe a transfer has been made using the information from your check without your permission.

ERROR RESOLUTION NOTICE

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

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Colorado/Arizona Business Bank and CoBiz Private Bank – Disputes P.O. Box 8779, Denver, CO 80201-8779 800.624.0102 Business days: Monday through Friday, excluding federal holidays

I. ADDITIONAL INFORMATION FOR BUSINESS CUSTOMERS

Please review our schedules of services and fees for applicable charges. The charges will be automatically deducted from the account indicated on the Business Online Banking Application and will appear on your Bank account statement, unless your accounts are on analysis and the fees will be automatically applied to your analysis statement.

SECURITY PROCEDURES
1. Bank and you shall agree to one or more security procedures that must be used by Bank and you in connection with the Services. You agree to be bound by any payment order, transaction or service change order that is acted upon by Bank in accordance with such security procedures. You are solely responsible for maintaining your own internal security and agree to use appropriate caution in selecting any company or individual given access to use one or more of the Services. You shall not disclose any information regarding the Services that an unauthorized user would find helpful to obtain access to all or part of any Service.
2. You and Bank represent, warrant and mutually agree that all confidential information concerning the other party or parties that comes into its possession in connection with any of the Services, including, without limitation, security procedures or any security codes, keys, personal identification numbers, digital certificates, digital signatures or template numbers (“Codes”), will be maintained in strictest confidence and shall not be used or divulged to any other party except as may be necessary or advisable for the due performance of any of the Services or as required by applicable law. You are solely responsible for the procedures to assure the internal confidentiality of your own security procedures and Codes.
3. For some Services, Bank may choose to honor your request to give Bank verbal instructions regarding the Services. You agree Bank may in good faith rely on such verbal instructions that purport to come from an authorized agent of you without independent verification by Bank.
4. Bank will honor your transactions and instructions (including adjustments, amendments and cancellations) only when you have complied with these Terms & Conditions and related policies and procedures. Bank will be under no obligation to honor, either in whole or in part, any transaction or instruction that:

5. You acknowledge, agree and consent on behalf of yourself and your agents that Bank may monitor and record telephone conversations at any time without further notice to the parties to such conversations. The decision to record any conversation shall be solely in Bank's discretion, and Bank shall have no liability for failing to do so.
6. You hereby represent and warrant to Bank that any and all transfers and commingling of funds required or permitted by any Service or requested by you, and all other aspects of the performance hereby by Bank and by you, have been duly authorized by all necessary parties, including, without limitation, the owner or account holder of each account.
7. If Bank receives an adverse claim against any account, and Bank reasonably believes that it will not be protected if the claim is ignored, you agree Bank may place a hold on the affected account or move the disputed funds to a holding account. Any such action will remain in place only so long as reasonably necessary to resolve the claim or employ legal remedies to allow a court to decide such claim. Bank shall have no liability for dishonored transactions which result from such action, and you agree to reimburse Bank for all costs, including attorney fees, incurred due to such adverse claim.

J. COMPUTER EQUIPMENT AND SOFTWARE

The Services require the use of computer hardware and software and, for the Mobile Remote Deposit Service, a mobile device with access to an acceptable and supported web browser. The equipment you use must meet specifications which we provide from time to time. You are solely responsible for maintaining your computer equipment and any mobile device in good working order, with the necessary compatibility and format to interface with Bank's systems, including, without limitation, the ability to support the Bank's security measures and for properly installing any applications to your system or mobile device. We can offer no assurance that your internet service provider, your software, or any equipment or device you may use (including your communications facilities, versions, computer or other device hardware) will be compatible with our Services. We are not responsible for any errors or failures from any malfunction of your equipment, mobile device or browser caused by defects or malfunctions of such equipment or software or caused by any virus, malware, hacking or the like and you release us from any liability therefor. You agree to install upgrades and other system enhancements within a reasonable time of being requested to do so by Bank. You will be responsible for any expenses or losses that you may incur as a result of your failure to comply with these requirements.

License agreements for necessary software shall either be embedded in the software or separately documented. You agree to comply with all applicable software license agreements, whether or not such agreements have been executed by you. You have no rights or ownership in any software provided by or through Bank and shall not transfer, copy, alter, modify, reverse engineer, reproduce, or convey in any manner, in whole or in part, any such software. You shall return all software and user manuals associated with any software upon request. Bank makes no representations or warranties with respect to any equipment or software provided by Bank.

Some Services are provided by Bank through access to a third-party network. Such Services are dependent upon the availability of the third-party network on conditions acceptable to Bank. Bank reserves the right to discontinue the Service or provide the Service through an alternative third-party network and shall have no liability should such network become unavailable. Bank does not warrant and shall not be responsible for Services received by you from any third-party network.

Neither we, nor any of our subsidiaries, nor any software supplier nor information provider represents or warrants to you that the software or other Service components will be free from defects, virus or other software-related problems. In the event of any defect or virus caused by the software, our sole responsibility shall be limited to investigating and correcting the problem to the extent that it is economically reasonable to do so. NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, AUTHORIZED EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW. Further, we will not be liable for any indirect, special, consequential, economic, or other damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.

K. INTERNET SERVICES

Bank has agreed to provide information reporting systems as defined herein to allow you to access information and utilize Services over the internet. From time to time, Bank may add additional features or Services to its internet services, and those additional features or Services will be governed by the terms of these Terms & Conditions, the schedule of fees, and other applicable agreements, including account agreements, between Bank and you. Bank will provide you with access to Bank's information reporting systems as agreed by Bank and you, for the accounts, subject to the terms and conditions of these Terms & Conditions. Information reporting systems permit you to view balances, transactions, and statements, and to initiate stop payment orders, internal transfers, and such future services as are provided by the Bank.

You agree to run antivirus software before transmitting data to or through any web site. You may use any commercially available, industry recognized antivirus software of the type that detects and disinfects viruses automatically, without the need for you to execute virus scanning for each file manually. You shall update its antivirus software on a regular basis to maintain a commercially reasonable level of security.

L. MOBILE REMOTE DEPOSIT SERVICE

Definitions

MICR Magnetic Ink Character Recognition, or MICR, is a character recognition technology to facilitate the processing of checks. The technology allows computers to read information off of a check
Mobile Deposit or Mobile Remote Deposit means to make deposits to deposit accounts by using a mobile device utilizing the Bank’s downloadable mobile application.
Mobile device means an access device that is mobile, including but not limited to a mobile phone, smartphone that enables access to the WorldWideWeb.
Mobile Remote Deposit (app name CoBiz Mobile Deposit), our mobile remote deposit capture service (“Mobile Remote Deposit Service”). This remote deposit capture program enables you to make remote electronic deposits of paper checks to a designated deposit account that you maintain with us. We handle and process these deposits in the manner described herein.

Transmission and Acceptance For Mobile Remote Deposit. You must transmit electronic images of items to us in compliance with these Terms & Conditions. The transmitted items must be complete and legible, and they must meet the minimum data specifications prescribed by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. We may reject any item that we determine, in our sole discretion, is not in compliance with such requirements or with these Terms & Conditions. We may also reject items that are drawn on foreign financial institutions, that are images of items previously converted to electronic checks, or that contain unreadable MICR information. When we reject any item, we will adjust your deposit accordingly. We have the right in our sole discretion to process electronic items at any time on a collection basis as if they were non- cash items. This could significantly delay the time within which your account would receive credit for the item. You accept the risk that an item may be intercepted or misdirected during transmission.

Receipt of Electronic Items, Presentation, Collection and Funds Availability for Mobile Remote Deposit. We will deposit, to your designated transaction account, only those electronic items that are transmitted to us in compliance with these Terms & Conditions and which we actually receive. We will not be responsible for any electronic item that is lost, misdirected or otherwise fails to reach us for any reason. We will use commercially reasonable efforts to present your electronic items for collection after they have been deposited. We will make funds available for deposited electronic items in accordance with the Bank’s Terms and Conditions of Your account agreement, the Bank’s Funds Availability Policy and applicable laws and regulations. Credit for any deposited item is provisional until collection is final. Any item that is returned unpaid may be charged back against your account, and this will be true even in situations where the item is deemed finally paid by operation of law. If any items are paid but are subsequently returned to us for any reason including but not limited to forgery, duplicate processing, unauthorized signature or alteration of any kind, we may charge the items back against your account until a final determination as to the validity of the claim has been made. We may charge the item back by electronic or other means, and you will be responsible for any resulting overdraft that may occur. Upon termination of the Mobile Remote Deposit Service, we may hold your funds as we may reasonably determine to cover any items that may be returned, charged back or otherwise cause any loss, liability, cost or exposure for which we may be responsible.

Your Warranties With Respect To Mobile Remote Deposit. You and the owner of the account represent warrant and covenant the following to Bank:

Checks Deposited. You shall only deposit checks that are authorized by these Terms & Conditions, the Procedures and the Terms and Conditions of Your account agreement. All checks and transactions submitted by you are, and will be, bona fide. All signatures on checks are authentic and authorized. The electronic item contains all indorsements applied by parties who previously handled the item in any form for either forward collection or return. The electronically Presented Check is endorsed “For Mobile Remote Deposit Only”. The electronic item has been received by you without notice or knowledge of any defects and is authentic in all respects. The electronic item is not a substitute check.

Image Quality. Each image transmitted by you to Bank contains an accurate representation of the front and the back of each check and complies with the requirements of these Terms & Conditions.

Accuracy of Information. All data and other information submitted by you to Bank, including, but not limited to, data contained in the MICR line of each check is complete and accurate and complies with the requirements of these Terms & Conditions. The electronic item is properly payable and has not been altered or forged, does not bear an unauthorized signature, and is not subject to any defenses. All transfer and presentment warranties made under applicable law and the Terms and Conditions of your account agreement.

No Duplicates. You will not: (i) create duplicate images of the checks, (ii) transmit a duplicate image or file to Bank, or (iii) deposit or otherwise negotiate the original of any check of which an image was created. You further warrant that no subsequent transferee, including but not limited to Bank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original item from which the image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the item(s).

No Loss. No subsequent transferees of the item(s), including but not limited to Bank, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the image was presented for payment or returned instead of the original check.

Indemnity. In addition to any other indemnity provision contained in these Terms & Conditions, you agree to indemnify and hold us harmless from any claim arising from the deposit of a substitute check or any claim by a recipient of a substitute check that such recipient incurred loss due to the receipt of the substitute check instead of the original check.

Transaction Limitations. For security reasons, we may impose deposit limits based on the dollar amount or number of mobile deposits you initiate per deposit or in one business day. We can, at our sole discretion, either approve or deny transactions in excess of the daily limit. We also reserve the right to lower or raise these limits as we see fit. Our approval of mobile deposits, in excess of the established daily limit, does not constitute a permanent amendment to these Terms & Conditions.

Retention and Destruction of Original Items. You must retain and preserve the original of each item that you scan or capture and transmit to us under this Mobile Remote Deposit Service. The suggested retention period for the original item is 30 days from the date we receive the scanned or captured item. We have the right to change this retention period from time to time. Upon our request, you must deliver the original retained item (or legible copies of the front and back of the item) to us in order to resolve claims or facilitate the clearing and collection process. You shall keep electronic images that have been scanned or captured for two years. You must use a reasonable method to ensure that all original items and all electronic images thereof which you retain will remain secure.

After the suggested retention period has expired, you agree to take careful and appropriate measures to destroy all original items that have been scanned or captured and transmitted to us under this Mobile Remote Deposit Service. You understand the risks associated with negligently or intentionally allowing such items to be deposited for a second time, and you acknowledge that destroying such items and making them completely indecipherable will guard against double deposits and resulting losses and claims. You agree to take all appropriate steps in this regard, and you further agree to be responsible for any losses and claims that may directly or indirectly arise from your failure to effectively destroy such an item and render it indecipherable.

Contingency Plan. You agree that, in the event you are not able to capture, process, produce or transmit a Mobile Deposit to Bank, or otherwise comply with the terms hereof, you will transport the originals of all Electronically Presented checks to the closest office of Bank and deposit original checks with Bank until such time that capture, process, produce or transmit of a Mobile Deposit to Bank is identified and resolved. You hereby acknowledge and agree that Bank shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Mobile Remote Deposit Service. The deposit of original checks at an office of Bank shall be governed by the terms and conditions of the Terms and Conditions of your account agreement and not by the terms hereof. Notwithstanding the foregoing, and to the extent applicable, please refer to theWarranties section as they shall apply to the deposit of original checks.

Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

Inactivity and Cancellation. If you do not access your Mobile Remote Deposit services for more than 180 days, we may automatically cancel your enrollment. If your Mobile Remote Deposit service is cancelled, re-enrollment for theMobile Remote Deposit service may be necessary to obtain your logon credentials.

M. ONLINE FINANCIAL MANAGEMENT
By using the Online Financial Management Service (“OFM Service”), you expressly authorize Bank to access your account information maintained by third party banks, brokerages and other financial service providers. You authorize Bank, through the OFM Service, to connect to the website of the financial service providers you designate, and you authorize Bank to store and submit the account information, including user name and password, to such financial service provider, and to receive periodically from the service provider your financial information. This information will be used for the purpose of displaying your financial information as a part of the OFM Service. In addition, in accordance with our privacy policy, we may access the information for marketing purposes so that we or our affiliates may offer to you other products and services.

The OFM Service is provided by a limited, non-exclusive and non-transferable license from the Bank, authorized and limited by a limited, non-exclusive and non-transferable license from the Bank’s software licensors. You agree that the OFM Service, all related software and documentation, and all intellectual property rights therein are and shall remain the sole property of Bank and its licensors. You acknowledge that the OFM Service contains confidential information of Bank and its licensors, and incorporates trade secrets of Bank and its licensors, and you agree to maintain the confidential nature of the information within the OFM Service, and agree not to disclose the software to third parties so as to compromise the confidential nature of the software. You agree to prohibit the unauthorized access, use, or duplication of any part of the software, and you agree to notify Bank immediately of the unauthorized possession, use or knowledge thereof by any person or organization not so authorized. You agree not to permit or cause the software or any related documentation to be copied, duplicated, re-created, modified, disassembled, de-compiled, transcribed, reverse engineered or used to create derivative works. You will do no act in defiance of, or to the detriment of, the rights and interest of Bank or its licensors in the OFM Service software or documentation.

The OFM Service is provided to you on an “as-is” and “as available” basis. Bank and its licensors make no representations or warranties of any kind, express or implied, of the content, performance, reliability or operation of the OFM Service, and expressly disclaim any warranties, including any WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that Bank and its licensors do not warrant, and shall have no liability for the failure of the information obtained from other financial service providers to be available, current or accurate. No part of the OFM Service is intended to provide financial or tax advice. The OFM Service is not offered as or as a replacement for professional financial planning services. Your use of the OFM Service is intended only to aid in the organization of your finances, and not for any other purpose.

We may offer other OFM services and features in the future. Any such added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new OFM service or feature is added or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the OFM service we offer without notice, except as may be required by law.

N. GENERALPROVISIONS.
We may change the terms hereof by giving you written notice of the change by an online secure message or a link on our website. Your use of the Services thereafter indicates your consent to be bound by such changes. If the change is for security reasons, we do not have to give you prior notice.

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

These Terms & Conditions shall be governed by the laws of the State of Colorado if your account is with Colorado Business Bank including CoBiz Private Bank in Colorado, by the laws of the State of Arizona if your account is with Arizona Business Bank including CoBiz Private Bank in Arizona, except to the extent federal law is controlling.