Terms and Conditions for My Credit Card Portal

Effective as of 03/2021

AGREEMENT.These Terms and Conditions for My Credit Card Portal (“Agreement”) are entered into between you and MUFG Union Bank, N.A. (“Union Bank”). This Agreement governs your online enrollment and online use of the My Credit Card Portal service (the “Service”). The Service is available to consumers and small business customers who have a current Union Bank credit card account (“Card”). You agree and acknowledge that by clicking the “I Agree” button below, you agree to and acknowledge receipt of this Agreement. Also, you agree and acknowledge that your use of the Service will be further evidence of your agreement to this Agreement and any other agreements that are provided to you as part of or in connection with the Service. If you do not agree to the terms of this Agreement, then do not agree to this Agreement and click the “Cancel” button below. Finally, if you have already agreed to this Agreement and you would like to revoke your agreement to this Agreement, then you must terminate the Agreement by calling 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders and stop accessing or using the Service. However, if you have terminated this Agreement and stopped accessing or using the Service, you understand and agree that: (i) you are still obligated under this Agreement for any and all use or access of the Service prior to such termination; and (ii) you are still bound by, and Union Bank may continue to act on, any and all instructions given to Union Bank through the Service prior to termination, including, but not limited to, any one-time or recurring payment instruction to draw on your Deposit Account to pay monies owed on your Card. Please note that if you want to terminate or revoke your prior authorization under one or more Electronic Payment Authorizations, then you must call us at the foregoing applicable number and specifically indicate that you want to revoke your authorization for either one-time or recurring payments.

SUPPLEMENTAL TERMS OF USE.The terms and conditions of your underlying agreements that govern your Card, including, but not limited to, and as way of example only, the Summary of Credit Terms, Rewards Program Terms & Conditions, the consumer document called the Cardmember Agreement and the business document called the Business Cardmember Agreement (the “Other Agreements”) are hereby incorporated into this Agreement by this reference and the Other Agreements do not change when you use the Service and/or add your Card to the Service. The terms of this Agreement supplement, and supersede where inconsistent, the terms of the Other Agreements (to the extent of the inconsistency).

OVERVIEW.The Service simply provides another way for you to check your account balance, view transaction information and make payments for outstanding balances on your Card through the Service. Any applicable interest, fees, and charges that apply to your Card will also apply when you use the Service to access your Card. Union Bank does not charge you any additional fees for adding your Card to the Service; however, Union Bank reserves the right to impose fees and charges for adding your Card to the Service in the future.

DEFINITIONS.In addition to terms defined elsewhere in this Agreement and for purposes of this Agreement, the following terms shall be defined as follows:

“Bank,” “we,” “us,” “our” and other similar terms shall mean MUFG Union Bank, N.A. or Union Bank (which is the former name of MUFG Union Bank, N.A. and is used as a trade name and registered trademark of MUFG Union Bank, N.A.).

“Business Day” or “Business Days” shall mean Monday through Friday. Holidays are not included.

“Code” or “Codes” shall mean your User Name, Password, challenge questions, and other tool or method offered by the Bank as part of the Service to verify the authenticity of an instruction, including but not limited to an electronic payment authorization instruction, received by the Bank through the Service in your name.

“Consumer” or “Consumers” shall mean an individual or individuals, not including a sole proprietorship or trust.

“Consumer Deposit Account” shall mean a deposit account, such as checking or savings deposit account held by the Bank or another financial institution in the United States, that is established by an individual for personal, family or household purposes. “Consumer Deposit Account” shall not mean a deposit account that is established by a sole proprietorship or a trust.

“Deposit Account” shall mean the deposit account, such as checking or savings deposit account, owned by you and held either with the Bank or another financial institution within the United States.

“Electronic Payment Authorization” shall mean the agreement that you execute through the Service or otherwise expressing your authorization and consent to have your Deposit Account debited in order to make a payment on your Card.

“Non-Consumer” shall mean a person that is not a Consumer.

“Regulation E” shall mean 12 C.F. R. 1005, as it may be amended from time to time.

“Security Procedures” shall mean the Codes, as they may be revised from time to time, security codes, keys, personal identification numbers, template numbers, algorithms, procedures or other programs or key strokes that are used by the Service to prevent unauthorized access and/or use of a Service, and any other additional identification tool or method offered or required by the Bank in order to identify your identity when using the Service.

“Service” or “Services” shall mean one or more of the services described in this Agreement.

The terms “you,” your,” “customer,” and other similar terms shall mean each person that accesses the Service, an owner of a Card, a person that has agreed to this Agreement and/or anyone else authorized by the owner of the Card to exercise control over the owner’s Card and/or the Service.
ONLINE SERVICES. The Service allows you to:
1. Obtain Card balance and transaction information
2. Make a payment for monies owed on your Card on either a one-time or recurring basis by designating a Deposit Account
3. Check Card balance(s) and other transaction information through the use of a mobile device
4. View Card statements
5. Receive Card and transaction notices and alerts
6. Activate a Card
7. View and redeem your rewards
8. Receive Customer Notices (as defined in Section 19 hereof)

BALANCE AND TRANSACTION INFORMATION. You can use the Service to obtain balance and transaction information about your Card. Balance and transaction Card information provided to you as part of the Service is not the official record of your Card account or its activity. Your credit card statement, furnished to you by us in electronic or paper format, is the official record. Although the Service generally reflects updated balance and transaction information, we recommend that you rely on the official record for making any credit card balance or transaction decisions.

PAYMENTS.The Service allows you to make payments on your Card on either a one-time or recurring ( known as Auto-Pay) basis. However, you must also agree to the terms and conditions of the applicable payment screen and the Electronic Payment Authorization agreement, which is incorporated into this Agreement by this reference, in order to authorize us to debit the Deposit Account (designated by you within the Service) in order to make a payment on your credit card bill.

One time payments:The one-time payment option allows you to make a payment on your credit card bill, using your existing Deposit Account, on a one-time basis. You can designate whether you want the payment amount to be the minimum amount due, last statement total balance, the current balance due, or another amount. The date of the debit will be either the date that you are in the Service initiating the payment or another date that you set in the future, provided that such date is no more than 180 days in the future. Also, you must give us the account and routing number for the Deposit Account that you would like to use to fund your payment. If you would like to make another payment on a current or future credit card bill, then you will have to log back into the Service and initiate another one-time payment.

Auto-Pay.The Auto-Pay option allows you to pay your credit card bill using your existing Deposit Account on a recurring basis. You can designate whether you want the payment amount to be the minimum amount due or the full statement balance due; whichever option you choose will be applied to all future payments until you change it. The date of each future monthly debit will be the date that is set forth in each applicable credit card statement. Also, you must give us the account and routing number for the Deposit Account that you would like to use to fund your payments. The same Deposit Account will be used for all future payments unless you change it in the Service.Please note that the very first initial debit to the Deposit Account in the series of automatic recurring automatic debits under the Auto-Pay option will occur the next billing cycle. If you have an outstanding balance and would like to make a current payment on your credit card bill, then please use the one-time payment screens within the Service.

Electronic Payment Authorization. Each time you initiate a payment instruction involving your Deposit Account and your Card, you authorize us to initiate an automated clearing house (ACH) debit or an internal MUB debit, if applicable, from the Deposit Account you designate, in the amount you request and payable to your Card account You agree and acknowledge that if the date of the debit falls on a non-Business Day, then the debit will occur the next Business Day. Further, when you designate a Deposit Account to be used for making payments, you warrant that you are an owner and/or authorized signer of the Deposit Account and you are authorized to initiate transfers from the Deposit Account for ACH entries or otherwise. You agree and acknowledge that the Electronic Payment Authorization shall remain in full force and effect until Union Bank has received notification from you that you wish to terminate the Electronic Payment Authorization. You may do so by contacting Union Bank at 1-888-642-3311, for personal credit cardholders, or 1-888-643-9800, for business credit cardholders, or by writing to Union Bank, PO Box 60398 Phoenix, AZ 85082-0398 at least 3 business days prior to the Due Date. You understand that Union Bank shall be given a reasonable opportunity to act upon your request for revocation of the Electronic Payment Authorization. The Electronic Payment Authorization will be deemed terminated by Union Bank when a debit cannot be processed due to the Deposit Account being closed or is otherwise not recognized by your financial institution. You agree that Union Bank is not obligated to give you notice of such termination and your obligation to pay your credit card bill is not excused.

Sufficient Funds.You are responsible to ensure that there are sufficient available funds in the Deposit Account being debited on the date of the debit to your Deposit Account. If a debit authorized by you is not honored by your financial institution due to insufficient funds or for any other reason, including, but not limited to closure of your Deposit Account, then Union Bank will not be liable for fees, charges or penalties that may be assessed by your financial institution or Union Bank, if the Deposit Account is held with us, for paying the debit or rejecting the debit to your Deposit Account. You will be solely responsible for any fees incurred for late or non-payment as a result of your failure to make alternative arrangements for payment on your Card.

How We Will Process Your Payments. We will process your payment transaction request as follows: (i)payment requests for a one-time payment submitted on a Business Day will be processed the same Business Day if you select the current date as the payment date provided that the payment transaction request is made on or before 8:59p.m. Pacific Time; and (ii) all other payment transaction request, including one-time and Auto-Pay requests, will be processed on the date indicated by you through the Service; however, any due date that falls on a non-Business Day will be processed on the next Business Day. Payments are generally applied to your credit card balance on the same Business Day; however, it may take up to 2 Business Days to be reflected in your transaction history through the Service.

Dollar and Frequency Limitations.There are no limitations on how many times you may set up a one-time or recurring payment through the Service. However, there are dollar limitations for each type of payment. Specifically, no payment amount you designate through the Service can be lower than $0.01 or higher than $10,000,000.00. Also, there are limitations on how far in the future you can schedule each one-time payment. You can schedule a one-time payment no more than 180 days in the future. Each scheduled Auto-Pay request though will continue indefinitely, provided that you have an outstanding balance on your Card, until you cancel the Auto-Pay through the Service or are otherwise informed by us of an Auto-Pay cancellation.
MOBILE ACCESS.Your enrollment in the Service enables you to access certain features and functionality of the Service by use of an electronic wireless device, such as mobile telephones or tablet devices (“Mobile Access”). Mobile Access requires you to have a mobile device with internet capability.

The following types of Card account transactions may be completed by using Mobile Access: (i) view Card account balance; and (ii) view Card transaction history.

No fees are assessed to be enrolled in Mobile Access, or to complete the types of transactions described immediately above. You may, however, incur charges from your telecommunications carrier when sending or receiving messages to your wireless device. You may also incur charges to receive internet service on your mobile device. Union Bank will not be responsible for any such charges that you may incur.

You acknowledge and agree that the Mobile Access service is dependent upon the functionality of the telecommunications or Internet service provider that supports your mobile device. Union Bank is not responsible for the unavailability or temporary interruption of Mobile Access due to service interruptions or failure of the device or telecommunications service provider.

As with all electronic banking, security is contingent upon your responsible behavior in protecting your User Name and Password and your mobile device. You should avoid conducting any Mobile Access transaction in view of others and should never abandon your device before your transaction is completed

CREDIT CARD STATEMENTS.You may view or obtain credit card statements for your Card online or by contacting us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders. Online credit card statements contain the same information as a paper credit card statement, if you choose to receive credit card statements online, we will notify you electronically when a statement is available for viewing within the Service. Each such electronic “statement ready” notice shall be deemed sent to, and received by all of the borrowers on the same line of credit for which one or more credit cards are issued on the day we send it. You agree to contact us promptly if you do not receive your online credit card statement for any reason.

Electronic credit card account statements will be available through the Service for 7 years after the billing cycling for the applicable credit card statement, provided that you have registered and maintained registration for electronic credit card statements for the 7 years in question. For copies of credit card statements that are older than 7 years please contact us directly. You may print your credit card statement or save them to your computer. If you encounter difficulty saving or printing an online credit card statement or request statements that are no longer available online through the Service, contact us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders for a paper copy of the documents. You can terminate electronic credit card statement delivery for any of your Card accounts at any time by changing your credit card statement delivery preference to “Paper Statement Only” within the Service or by calling us at the numbers indicated above. There will be no fee to receive paper credit card statements instead of receiving electronic credit card statements.

We will make credit card statements for your Card accounts available to you as required by law or upon request. We may stop making credit card statements available at any time without notice in such circumstances as when your Card or Card account becomes inactive, in default, in overdraft, or in similar circumstances.

You agree to review promptly all credit card statements, Customer Notices, and transaction information made available to you through the Service or otherwise, and to report all unauthorized Card transactions and errors to us immediately.
PLACE STOP PAYMENT ON A CONVENIENCE CHECK.You can use the Service to place a stop payment order for a convenience check you have written from your Card account. To do so, you must provide us with timely, complete and accurate information regarding the account the convenience check is drawn from, the check number, the date of the check, the name of the payee or payees and the exact amount of the check (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the convenience check. Also, depending on the date you request a stop payment, we may not be able to verify whether the convenience check has been paid, in which case we may ask you to contact us. Stop payment requests become effective only when we confirm their receipt and have verified that the convenience check has not been paid.

To place a stop payment covering a range of checks that are missing or stolen, you must call us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders for personal assistance.

TRANSACTION ALERTS AND NOTIFICATIONS.Your registration in the Service allows you to elect to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about the Union Bank Card account(s) you have activated and designated (“Designated Card Account”). For example, Alerts may include information about available credit balance, account activity or payment details.

By subscribing to the Alerts feature, you acknowledge and agree that: (i) Alerts are provided solely as a convenience; (ii) Alerts are not a substitute for your credit card statements for your Designated Card Accounts or any other notices we may send you about such Designated Card Accounts, without regard to the manner in which you have chosen to receive such credit card statements or other notices; (iii) such credit card statements and other notices remain the official records of your Designated Card Accounts; and (iv) your ongoing obligation promptly to review your credit card statements, Customer Notices, and all other correspondence from us regarding your Designated Card Accounts and other services you obtain from us remains in full force and effect.

You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising in any manner from your providing us a phone number, email address, or other electronic delivery location that is not your own or that you provide in violation of applicable federal, state or local law, regulation or ordinance. Your obligations under this paragraph shall survive termination of this Agreement.

We may provide Alerts through one or more of the following ways: (i) by mobile device, by text message; or (ii) an email account by email message. It is your responsibility to determine that each of the service providers for the communication media described in immediate foregoing (i) through (ii), supports the email and/or text message Alerts you selected above. You agree that the Alerts are subject to the terms and conditions of your agreements with your service provider(s) and that you are solely responsible for any fees imposed for an Alert by your service providers. By electing Alerts delivery to a Web-enabled mobile or cellular device, you agree to receive Alerts through that device. Message and data rates may be imposed by your service provider. The frequency of Alerts delivered to your mobile or cellular device depends upon the frequency of events triggering requested types of Alerts.

You acknowledge and agree that: (i) Alerts may not be encrypted and may include personal or confidential information about you and your transactions, such as your name and account activity or status; (ii) your Alerts may be delayed, misdirected, not delivered, or corrupted due to circumstances or conditions affecting your service providers or other parties; and (iii) we will not be liable for losses or damages arising from (a) any non- delivery, delayed delivery, misdirected delivery, or corruption of an Alert, (b) inaccurate, untimely or incomplete content in an Alert; (c) your reliance on or use of the information provided in an Alert for any purpose, or (d) any other circumstances beyond our control.

ACTIVATE A CARD.In order to use the Services offered through the My Credit Card Portal, you must first activate your Card. There are specific instructions that accompany your Card. Those instructions will tell you that you have two options on how to register your Card. You may register your Card by calling us at 1-888-955-4141 (Activation Line). You may also go to https://mycreditcard.unionbank.com and sign in. After you sign in, there is an Account Summary page. The Account Summary page within the Service will have a link at the top of the page for you to click on in order to activate your Card. Please keep in mind that if there is more than one account, then each user with have to separately: (i) call the Activation Line; or (ii) log into the My Credit Card Portal to activate his or her Card.

VIEW AND REDEEM YOUR REWARDS.We provide two options for obtaining reward information and redeeming your rewards. You may call us at 1-877-737-7166 for personal credit cardholders and 1-855-420-4494 for business credit cardholders (“Rewards Line” or “Rewards Lines”). Also, the Services allow you to be navigated to a website belonging to an outside vendor in order to view and/or redeem your rewards. Specifically, under the website option, you must sign into the My Credit Card Portal and select the “Shop and Redeem” option under the “Reward” tab within the Service. You will then be prompted by the Service that if you decide to continue, you will be taken to a site that is outside of the Service and controlled by an outside vendor. Once you continue, you will be automatically signed into the rewards site that contains your rewards information. Once you are inside the rewards site, you must select the “Redeem” option. You will be prompted to agree to the terms and conditions governing your redemption choice. You understand and agree that the rewards site is not owned or controlled by the Bank in any manner and the Bank is not liable, in any manner whatsoever, for the actions or inactions of the vendor owning the site.

HOURS OF OPERATION.The Service is available to you 24 hours a day; 365/366 days a year, except at times of "Service Unavailability" as set forth below. Your Card account information is updated at 6:00 a.m. (Central Time) Tuesday through Saturday except on non-Business Days.

SERVICE UNAVAILABILITY.Access to the Service may be unavailable with or without notice at certain times for the following reasons: (i) schedule maintenance; (ii) unscheduled maintenance (the Service may be unavailable when unforeseen maintenance is necessary); and (iii) system outages (major unforeseen events, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages may interrupt Service availability). Although we undertake reasonable efforts to ensure the availability of the Service, we will not be liable in any way for its unavailability or for any damages that may result from such unavailability. Further, when it comes to scheduled maintenance, they typically occur as follows: (a) available for inquiries only Tuesday to Saturday 12:00 a.m. to as late as 1:00 a.m., Pacific Time; (b) unavailable Sunday from 12:00 a.m. to 6 a.m., Pacific Time; and (c) unavailable 2:00 a.m. to 4:00 a.m. Monday, Pacific Time.

CONFIDENTIALTY.We will disclose information to third parties about your Deposit Account or the transfers you make (from your Deposit Account through the Service):
1. Where it is necessary for completing transfers, or
2. In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant, or
3. In order to comply with government agency or court orders, or
4. If you give us your written permission.

ACH AUTHORIZATION.You agree and acknowledge that when you use the Service to initiate a transfer to make a payment to your Card account from your Deposit Account held at another financial institution that you authorize us to initiate an ACH transaction to your Deposit Account. Also, you agree that for recurring transfers (which are also called Auto-Pay), this authorization will remain in effect until revoked by you by contacting us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders or writing us at Union Bank, PO Box 60398 Phoenix, AZ 85082-0398 at least 3 Business Days prior to the due date.

You agree and acknowledge that the origination of all ACH transactions to your Deposit Account must comply with U.S. law. Also, you agree that the rules governing the ACH credits and debits will not apply to any type of transfer request for which the ACH was not actually utilized. Further, you agree and acknowledge that when you set up any one-time or recurring transfer through the Service to make a payment, you will print or save a copy of the applicable page or screen and Electronic Payment Authorization within the Service for your records.

Finally, you agree and acknowledge that if you describe your Deposit Account within the Service inconsistently by routing and/or account number, then your payment request to debit your Deposit Account to pay on your Card account will not be executed and your obligation to pay monies owed on your Card, in order to avoid any applicable fees, penalties, interest and/or finance charges, is not excused in such circumstances.
ELECTRONIC AGREEMENT.You are agreeing to enter into this Agreement electronically. By your electronic agreement, you consent to all terms and conditions governing use of the Service as set forth in this Agreement, the screens within the Service and the Electronic Payment Authorization. We will make a printed copy of this Agreement available to you at your request. However, we recommend that you print or save a copy this Agreement for your records.

CONSENT TO RECEIVE ELECTRONIC NOTICES.By using the Service and/or agreeing to the E-Sign Consent, you consent to and agree that:
1. Any notice, record or other type of information that is provided to you in connection with your Card or the Service, such as credit card statements, Electronic Payment Authorization confirmations and/or receipts, change-in-terms notices, transaction notices and alerts, account status notices, service messages, and any other type of notice, (each a “Customer Notice”), may be sent to you electronically. A Customer Notice may be provided as a separate electronic document or may be included in an electronic credit card account statement. An electronic Customer Notice sent to any credit card account owner shall be deemed sent to, and received by, all credit card account owners on the day we send it. We reserve the right to send a Customer Notice in paper format by postal mail.
2. You will promptly report to us any change to your contact information, including email address, name, physical address, mailing address (if different), and telephone numbers. You may update this information by contacting us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders. Changes to certain contact information can be completed in the My Credit Card Portal service.
3. We will not be obligated to provide any Customer Notice to you in paper form unless you specifically request us to do so. You may request a paper copy of a Customer Notice by contacting us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders.
4. Your consent to receive Customer Notices electronically pursuant to this Agreement and/or the E-Sign Consent remains in effect until you withdraw your consent. You may withdraw consent to receive electronic delivery of Customer Notices by contacting us at the address or telephone number in Section 31of this Agreement. However, withdrawing your consent means you will no longer be able to access the Service.
5. In order to receive Customer Notices online you must maintain computer hardware and software of sufficient capability to be able to access and retain them electronically. See Section 21 below.

EMAIL ADDRESS. A current, valid email address is critical to our successful delivery of the Service to you. You agree to maintain an active email account at all times and record such email address within the Cardholder Information sub menu of the Account Information menu in the Service. You further agree to promptly notify us of a change of email address by changing the address using the Cardholder Information sub menu within the Service.

If for any reason the email address you provide us changes or becomes inoperable for more than a short period of time, you agree to contact us immediately so that we can arrange to provide you with Customer Notices through other means.

If we contact you at the email address of record within the Service and learn that the email is undeliverable to that address, we may, at our discretion: (i) require you to provide a valid email address at next login attempt; (ii) require you to accept this Agreement again at next login attempt; (iii) attempt to contact you through another means to obtain a valid email address; (iv) disable the Service for other users; and/or (v) discontinue electronic Customer Notices and instead provide them by paper. If you have chosen to receive credit card statements in online form, meaning you have chosen to suppress paper credit card statement, and you do not provide us with a new email address, you agree that we may continue to comply with the terms of this Agreement and the statement delivery preference you have indicated within the Service until such time as you instruct us otherwise.

Further you agree and acknowledge that all Customer Notices or Electronic Records, as defined in the E-Sign Consent, including, but limited to, electronic credit card statements, are deemed “delivered” and “received” by you for all purposes, including, but limited to, for reporting any errors on your credit card statement, when we send you an e-mail to the e-mail address we have on file for you or when we make the Customer Notice or Electronic Record available to you within the Service. You agree that the foregoing holds true regardless of whether: (i) your e-mail address is correct; (ii) you received the e-mail; or (iii) you logged into the Service.

COMPUTER REQUIREMENTS.The Service requires you to have certain computer capabilities, which we may change from time to time without prior notice to you. Our current computer requirements are
- Microsoft® Internet Explorer®6 and Higher
- Mozilla Firefox® 3 and higher
- Apple Safari® 3 and higher
- Google Chrome™ 13 and higher

REGULATION E CONSUMER DISCLOSURES:If you are a Union Bank client with a Union Bank Consumer Deposit Account, please refer to your Personal Accounts & Services Disclosure & Agreement to understand your rights under Regulation E for electronic funds transfers made to or from such account.
NON-CONSUMER RESPONSIBILITY FOR DEBITS TO DEPOSIT ACCOUNTS THROUGH THE SERVICE.The following terms and conditions apply only to Non-Consumers and to transfers from a Deposit Account through the Service:

Codes.The Codes are the Security Procedures. You agree that the Bank may use the Security Procedures to verify the authenticity of an instruction, transfer request or payment order request (collectively, a “Communication”) delivered to the Bank in your name through the Service. If the Bank verifies the authenticity of the Communication using the Security Procedures, then the Bank may rely on it and you will be obligated on the Communication, whether or not the Communication was authorized by you. Also, if a Communication was authorized by you, then you will be obligated on the Communication even if the Bank did not verify its authenticity using the Security Procedures and even if the Security Procedures would have prevented error. You agree that the Security Procedures are intended to verify authenticity and not to detect error.

Codes are Commercially Reasonable.You agree to consider the size, type and frequency of transfers, Communications, or other money transactions you use the Services to accomplish. You will consider the risks presented by the possibility of unauthorized access to these Services and your obligation on the Communications even though they are unauthorized. You agree and acknowledge that the Security Procedures are commercially reasonable for you, after considering these risks. Further, you agree and acknowledge and that you will be bound by the Communications in your name as set forth above.

Further, in your review of the Services, you agree to notify the Bank in the event your use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Security Procedures you are using for that Service. If you fail to notify the Bank, then you acknowledge and agree that the security aspects of the Services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
AUTHORIZED USER ACCESS.

The following part of this section applies to Consumers Only:
Any personal credit cardholder may act alone in using the Service to perform transactions. Specifically, any one credit cardholder for a personal Card account can access credit card balance information, initiate one-time or recurring payments, stop pay on a convenience check and etc. Such access is granted completely at the Bank’s discretion. Contact us at 1-888-642-3311 for additional information.

The following parts of this section apply to Non-Consumers Only:
Access to the Service by any one business credit cardholder depends on the account access type as listed below. Contact us at 1-888-643-9800 for additional information.

Control Account Access
Through the Services, under this account access type, users can access transactions initiated by and posted to the control account and sub-accounts. All transactions initiated by the sub-accounts will only post to the control account. In addition, users will receive a statement at cycle time with the control account and all sub-account activity displayed. All payments are made on the control account for the control and sub-account activity.

Sub-Account Access
Through the Service, under this account access type, users can access all transactions initiated on the sub account only. All transactions initiated by the sub-accounts will only post to the control account. Users may receive a courtesy statement at cycle time (no payment due). Users will not have access to payments as they are not made on a sub-account.

Individual Pay Account Access
Through the Service, under this account access type, users can access all transactions initiated and posted to the account. Individual Pay account users will receive statements and possess the ability to make payments.

Program Administration Access
Through the Service, under this access type, any user that is the business account owner of the line of credit for which all Cards are linked, as identified in the Bank’s records as a Program Administrator, can enroll in the Service. Program Administrators can access and monitor credit card accounts, add new credit card accounts to their programs, and update company information via the Administration area of the Service.
USER AUTHENTICATION AND SECURITY PROCEDURES.We reserve the right to deny access to the Service or reject a transaction without notice to you if we believe that there is risk of unauthorized, illegal, or fraudulent activity. You agree that we may, in our sole discretion, require verification of user identity, in a manner satisfactory to us, at any time before allowing access or login to the Service. Such verification may be in any form we determine appropriate and may include, without limitation: (i) verification of User Name and/or Password; (ii) verification of personal information contained in Bank records; (iii) correct response to previously submitted personal questions, sometimes referred to as ““security” or “challenge” questions;” (iv) correct response to questions devised from public records and consumer reporting agencies on subjects only the user likely would have personal knowledge, sometimes called “out of wallet” or “knowledge based authentication” questions; or (v) any verification procedure that we may determine appropriate.

In the event you do not successfully provide the information requested, we may, at our sole discretion: (i) refuse to allow you to use the Service to make a payment on your Card; (ii) require you to contact us by phone or in person at a branch for further validation of identity; (iii) cancel the Service; and/or (iv) take any security precautions we deem appropriate to prevent unauthorized use of the Service or Deposit Account.

USER RESPONSIBILITY FOR ONLINE SECURITY.To sign on to the Service, unless you are a Program Administrator, you are required to select a User Name and Password as part of the registration process to use the Service. If you are Program Administrator, then the Bank will give you your User Name and temporary Password, which you must change to a new Password upon initial login into the Service. To help safeguard your security, you should change your Password frequently. Your Password can be changed within the Service. Do not write your Password anywhere or store it on your computer. If you forget your Password, use the Forgot Password process in the Service or call us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders to regain access. You should never include your Password in any oral, written, faxed, or email communication with us or anyone. No Union Bank employee will ever ask you for your Password.

You acknowledge that maintaining confidentiality of the Card account is your responsibility. You agree to maintain your Card account information and online User Name and Password in strict confidence in order to prevent unauthorized access to your Card accounts and the Service. You further agree to immediately notify us of any unauthorized use, or potential unauthorized use, of the Service. You acknowledge that anyone with whom you share or who otherwise uses your User Name and Password will have access to Deposit Account and Card account information available within the service.

TRANSACTION LIMITATIONS.If your Deposit Account is held at another financial institution, then please keep in mind that excessive activity fees may apply for exceeding the limits for savings accounts, as set by your financial institution and/or federal regulation, when you designate a Deposit Account, which is a savings account, to make a payment on your Card within the Service. Please refer to your deposit account agreement at the financial institution that holds your Deposit Account for additional information.

If your Deposit Account is held with Union Bank, then federal regulation limits certain types of withdrawals or transfers from your savings or money market account (including online/telephone transfers and Deposit Overdraft Protection transfers) to a maximum of six (6) each monthly statement period (money market accounts) or calendar month (savings accounts or money market accounts when the statement period date was requested on a specific day).

DISCLAIMER OF WARRANTIES.To the fullest extent permitted by law, we make no representations or warranties of any kind in respect of the Service, either express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, and we hereby disclaim any such representations, warranties and conditions of any kind. We do not represent or warrant that the Service will be uninterrupted, timely, secure or error free, that defects will never arise or will be corrected, or that the website that makes the Service available is free of viruses or other harmful components.

LIMITATION OF LIABILITY.Except as specifically set forth herein or where the law requires a different standard, we shall not be responsible for any loss, damage or injury or for any direct, indirect, special, incidental, exemplary or consequential damages, including lost profits, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or services, arising from or related to the Service, the inability to use the Service, or otherwise in connection with this Agreement, even if advised of the possibility of such damages.

THIRD PARTY INDEMNIFICATION. Except to the extent that we are liable under the terms of this Agreement or another agreement governing the Service or Card or Card account, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney's fees) arising from:
1. A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us;
2. Any fraud, misrepresentation, manipulation, or other breach of this Agreement or the Service;
3. Your violation of any law or rights of a third party; or
4. The provision of the Service or use of the Service by you or any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to your use of the Service.

HOW TO CONTACT US.For questions regarding the Service, call us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders, or write to us at Union Bank, PO Box 60398, Phoenix, AZ 85082-0398

Email or social network websites may not be used to request Card information or to conduct transactions with us. Also, because email and social network websites may not be secure, never include confidential, financial, or Card account information when using those communication channels. If in doubt, contact us at 1-888-642-3311 for personal credit cardholder or 1-888-643-9800 for business credit cardholders.

REPORTING UNAUTHORIZED TRANSACTIONS.If you believe your Code has been lost, stolen, or discovered by another person, call us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders or write to us at: Union Bank, PO Box 2988 Omaha, NE 68103-2988.

NON-USAGE OF SERVICE.Following 90 or more consecutive days of inactivity, we reserve the right, at our discretion, to require re-acceptance of this Agreement, require confirmation of user information such as email address, require reset of security settings such as Password, discontinue any fee discounts or waivers associated with use of the Service, and/or terminate the Service.

CANCELING THE SERVICE.You may cancel the Service by sending a written notice to Union Bank, PO Box 60398, Phoenix, AZ 85082-0398, or by telephoning us at 1-888-642-3311 for personal credit cardholders or 1-888-643-9800 for business credit cardholders. We strongly suggest that you cancel all recurring and future payments before you cancel your Service, either by deleting those payments yourself using the Service or by calling us. This will ensure that future payments and transfers made by you will not be duplicated. We may automatically delete, without notice, all outstanding payment orders (all individual payments and all recurring payments) once you cancel the Service.

TERMINATION OF SERVICE.We may suspend or terminate your Service at any time, with or without cause and without affecting your outstanding obligations under this Agreement. We may immediately take this action if: you breach this or any other agreement with us; we have reason to believe that there has been or may be unauthorized or illegal use of your Card or Card account or the Service; or there are conflicting claims as to access to or use of your Card or the Service.

SEVERABILITY.If any provision of this Agreement is determined to be void or invalid, the rest of the Agreement will remain in full force and effect.

CHANGES TO THE SERVICE OR THIS AGREEMENT.We may change or cancel the Service at any time without cause, subject to applicable laws and regulations. We may amend (add to, delete or change) the terms of this Agreement by sending you notice of the amendment by email or US mail, as may be required by law. You agree to review any changes to this Agreement promptly upon receipt of our Customer Notice. Your continued use of the Service after the effective date of any change constitutes your agreement to the change.

DISPUTES.All claims, causes of action, or other disputes concerning this Agreement shall be resolved in accordance with procedures set forth in the applicable Other Agreements, as it may be amended from time to time.