Updated: 5/2/2022

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. THIS AGREEMENT CONTAINS IMPORTANT CONSUMER DISCLOSURES UNDER THE ELECTRONIC FUNDS TRANSFER ACT AND ITS IMPLEMENTING REGULATION E.

1. Introduction.

This American Business Bank ABBconnect Online Internet Banking Agreement and Disclosure (“Agreement”) sets forth the terms and conditions of the Online Banking Internet Banking Service (“Personal Services”) offered by American Business Bank (“we,” “Bank,” “us” and other similar terms). In this Agreement, the terms “you,” “your” and other similar terms refer to each owner and authorized signer on the Accounts that are accessed through the Personal Services and anyone else authorized by that owner or authorized signer to access the Personal Services. An “account” means any deposit or loan account you maintain with us and can include all accounts and products you use with us. Your “Account” refers to the account(s) you have designated as the account(s) accessible through the Personal Services. The word “may,” when used in reference to us, means at our option and sole discretion. References to time are to local time of Bank.

Each time you access an account through the Personal Services, you confirm your agreement to these terms. The terms and conditions in this Agreement also govern the bill payment service (“Bill Payment Service”) which is a service offered as part of the Personal Services. You can add the Bill Payment Service once you log into your account by completing the separate bill payment “online” enrollment form.

You agree to use the Personal Services for consumer transactions only. A consumer transaction is one involving an account maintained primarily for personal, family or household purposes. A “non-consumer transaction” means the use of a Personal Services for any purpose that is not a consumer transaction, including any transfer to or from an account that is not covered by the Electronic Fund Transfer Act and its implementing Regulation E.

2. Services.

You can perform the following transactions through the Personal Services, depending on Personal Services you request and the accounts tied to the Personal Services:

• View Account balance information and transaction history on linked deposit and loan Accounts,
• Setup scheduled, one-time or repeating transfers between your eligible Accounts, and automatic monthly transfers between linked Accounts (“Funds Transfer(s)”),
• Arrange for external funds transfers between your eligible linked Accounts and accounts you hold at other financial institutions (“External Transfer(s)”),
• Initiate payment to credit facilities with the Bank and make advances on personal lines of credit (overdraft lines of credit and home equity lines of credit),
• Submit check stop payment requests,
• Communicate with us by electronic mail (“e-mail”),
• Send money to other individuals,
• Pay bills with our optional Bill Payment Service,
• Request electronic “eBills” from your payees on the Bill Payment Service,

• Export Account history in QIF or CSV formats to import into personal finance manager program (Note: we are not responsible for the operation of your personal finance software or for any errors in data migration),
• Manage your own password resets,
• Submit address changes,
• View and print check images,
• View and print e-periodic statements, and
• Set up alert messages

We may make other Personal Services available to you from time to time. Unless we state otherwise, they will be subject to the terms of this Agreement. By using those services when they become available, you agree to be bound by the terms and conditions or this Agreement and any updates thereto.

3. Computer Requirements.

You are responsible for the selection, installation, maintenance, and operation of your computer and software. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience with the Internet or your Internet service provider. You must use equipment and software that are compatible with our systems, which may change from time to time. An updated listing of supported operating systems and browsers can be located on our website at https://www.americanbb.bank/ABBconnectBrowserInformation.

You agree to abide by the intellectual property rights of others with respect to all software used by you or us in connection with the Personal Services; among other things, you will not transfer, use, copy, disseminate, reverse compile, modify or alter, or otherwise appropriate any software code or program except as allowed and for the purpose of performing approved Personal Services. You expressly acknowledge that any wireless access to the Personal Services initiated by you may not be secure and, in such cases, you assume the risk associated with unauthorized access to the Personal Service and any information contained therein, resulting from such wireless connectivity.

We make every commercially reasonable effort to provide reliable information on our website. Due to the possibility of human and mechanical errors, as well as other factors, the site is not error-free, and all information is provided “as-is,” without warranty of any kind. We make no representation and specifically disclaim any express or implied warranties to users of any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. The content of the site may not be used for commercial or non-commercial use without the express written consent of the Bank.

4. Online Banking Accounts.

In order to use the Personal Services, you must have a personal checking, savings, money market or loan account with us on which you are the primary owner or borrower and which are enabled for electronic access at the discretion of American Business Bank, access to the Internet, and an e-mail address. If you open an additional eligible account at a later date, we may link your new account to Online Banking, unless you instruct us not to do so. Any signer on any Account on which you are an owner will have the ability to conduct online transactions involving those Accounts. Even though an Account may require more than one signature for the withdrawal of funds (e.g., by check), we may act on the oral, written or electronic instruction of any one of the authorized signers for Personal Services transactions. You must notify us if you choose not to have access to certain accounts. At our discretion, we may refuse to allow certain accounts to be linked to the Personal Services. You agree to properly maintain all accounts you have with us, to comply with the rules governing these accounts, and to pay any fees associated with the use or maintenance of these accounts.

5. Security.

• Passwords. For security purposes, you may be required to change your password upon your initial login to Online Banking. You determine what password you will use and acknowledge that the identity of your password is not communicated to the Bank. Thereafter, you may change your Password at your convenience and discretion for enhanced security, and you are encouraged to do so periodically. You accept responsibility for the confidentiality and security of your password and agree to change it regularly. American Business Bank recommends that you, at minimum, create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children and should be memorized rather than written down. Lockouts – Upon three unsuccessful attempts to use your password, your access to Online Banking may be revoked. To re-establish your authorization to use Online Banking, you must contact the Bank to have your password reset or to obtain a new temporary password.
• Security of Codes and Passwords. All access codes (“Codes”) and passwords (“Passwords”) are highly confidential, and you must safeguard them at all times, establish, and maintain procedures to assure their confidentiality. You must no disclose any Code or Password to any person (including but not limited to any other user, firm, corporation or governmental entity.
• Messages. You should be aware that Internet e-mail is not encrypted and may not be secure. If you wish to transmit electronic messages to us containing any Code or Password, or any other information you wish to keep confidential, you must use the Secure Message Service.

6. Hours of Operation.

You can access your Accounts through Personal Services seven days a week, 24 hours a day. There may be times, however, when all or part of Personal Services is unavailable due to system maintenance. We will post notice of any known extended periods of system unavailability on the website as soon as reasonably practicable. We are not responsible for any loss or damage that may result from the unavailability of Personal Services.

7. ACH Compliance.

Electronic payments that are made through the automated clearing house (“ACH”) are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the electronic bill payment. Furthermore, you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry. If final settlement is not received, we are entitled to a refund from you of the amount credited and we may charge your Account for the amount credited. We may refuse to permit the use of any amount credited for a credit reversal if we believe that there may not be sufficient funds in your Account to cover charge back or return or such reversal.

8. Account Balance and Transaction Information; Cut-off Deadlines.

Information available through Personal Services concerning your Accounts, including balances and transactions, will be current as of the end of the previous Business Day, and will be updated intra-day to reflect (i) debits and credits that are memo-posted to the Account, and (ii) funds transfers that you initiate through Personal Services and that result in a credit or debit to the Account. You should be aware that information about some transactions may not be available on the Business Day the transaction occurs, that balances may not reflect all transactions against the Account on the Business Day the transaction occurs, and that loan balances do not include outstanding letters of credit issued for your account.

You further agree that we may establish a deadline for certain transactions (“Cut-Off Deadline”), and transactions that are performed or occur after such Cut-Off Deadline will be treated as having been performed or having occurred on the following Business Day. We may establish and change from time to time the period of time for which transaction information is available through Personal Services.

Our current Cut-Off Deadlines are as follows:

• Internal Funds Transfers – 7:00 p.m. PT
• External Transfers – 4:00 p.m. PT
• Bill Payments – 6:00 p.m. PT
• Expedited Payments – 4:45 p.m. PT
• ABB People Pay – 7:30 p.m. PT
• Mobile Deposit – 4:00 p.m. PT

For certain types of transactions/transfers from a money market or savings account, you are permitted to make no more than six transfers and withdrawals, or combination of them, per calendar month or statement cycle, to another account or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, including by check, draft, debit card or similar order by you and payable to third parties. If you exceed these limits, we may impose a fee, close or convert your Account, limit your use of the Personal Services, or any combination of the foregoing.

9. External Transfers.

You may use the Personal Services to transfer funds from an eligible linked deposit Account with American Business Bank to accounts in your name at another financial institution, or vice versa, on a one-time or recurring basis.

• Verification of Ownership. You will need to verify ownership of your external linked checking or savings account by confirming two sets of test credit and debit transactions to the external accounts in amounts less than one dollar. For example, a credit and debit of $0.12 and a credit and debit of $0.43 (funded by American Business Bank) will be sent for Automated Clearing House (ACH) processing to the external financial institution you have designated. After your receiving account has been authenticated and you verify the trial deposit amounts, you are free to make External Transfers. If you do not validate the transactions within 55 days, the External Transfer set up request will become inactive and will need to be reinitiated.
• External Transfer Limitations. Fund transfers from your accounts at other financial institutions are subject to the following limits: $1,000 per transaction, $1,000 per business day, and $5,000 per calendar month. These transfers are also limited to a maximum of 2 transactions per business day and 20 transactions during any calendar month. Fund transfers to your accounts at other financial institutions are subject to the following limits: $3,000 per transaction, $3,000 per business day, $10,000 per calendar month. These transfers are also limited to a maximum of 2 transactions per business day and 20 transactions during any calendar month. These limits may be modified at the customer’s request and the Bank’s discretion. Any scheduled transfers in excess of the limits will not be processed and will be cancelled. Although American Business Bank does not charge fees for this service at this time, we can’t control the fees charged by your other financial institution.
• Transfers Subject to Review. All External Transfers outside American Business Bank are subject to internal review by American Business Bank based on to and from accounts, the amount of the transaction, your relationship with American Business Bank, a successful fraud screening and such other factors that American Business Bank may determine to apply from time to In the event we determine that there are risks associated with an External Transfer outside American Business Bank, we may delay or cancel the transfer and notify you, or direct you to contact us to provide additional details on the transfer before it is initiated or funds are released.

• Month-end. If you schedule a recurring transfer for the 29th, 30th, or 31st of the month, it will be interpreted as “month end” by the system, and will be processed on the last day of the month.
• “Transfer Out” Processing Timeframes. If you initiate a “Transfer Out” before 4:00 p.m. PT on any business day, a debit will post to your Account that evening and will be shown as a “Transaction in Process” on the Account Activity screen on Online Banking. If the debit is successful (i.e. the Account has sufficient available funds), the external credit will be sent electronically via the Automatic Clearing House (ACH) that evening, and presented to the external Financial Institution the next day (day 2) for credit to your account. American Business Bank is not responsible for any delays which may occur between ACH network and the external Financial Institution.
• “Transfer In” Processing Timeframes. If you initiate a “Transfer In” before 4:00 p.m. PT on any business day, the transaction will be initiated by the Bank that night and will be shown as a “Transaction in Process” on the Scheduled External Transfers page on Online Banking. The next business day (day 2), the debit transaction will be presented to the external Financial Institution, and if it is successful (i.e. the account has sufficient available funds), the funds will be sent electronically via ACH to American Business Bank. After 4:00 pm PT the next day (day 2), you will see a credit posted to your Account shown as a “Transaction in Process” on the Account Activity screen. The Bank places a 3 day hold on “Transfer In” transactions which means that the funds will not be accessible until the debit transaction has been processed by the external financial organization. The credit will be reflected in your current balance, but generally will not be in the available balance until the 4th Business Day following the initiation of the transfer.

10. Expedited Payments.

Availability of Expedited Payment options will be limited based on biller capabilities, time of day, delivery mechanisms and other factors. To ensure overnight delivery, overnight check payments can only be sent to a valid street address in the continental United States (the contiguous 48 states and the District of Columbia). In addition, overnight check payments cannot be delivered to the following locations:

• APO or FPO addresses
• Post office (P.O.) boxes
• Addresses considered undeliverable using USPS

Customer is responsible for entering and verifying any address for overnight check payments to ensure it is correct and is specified as a valid overnight package address by the biller. American Business Bank is not responsible for late delivery where customer entered an undeliverable address for an overnight check.

Expedited payment Deliver by dates are determined by the system and presented to the Customer when they initiate an expedited payment. Overnight check payments submitted on a business day by the Bill Pay processing cutoff of 4:45 p.m. PT are processed that day. Overnight check payments submitted on a non-business day or after the cutoff are processed the next business day. Electronic payments are processed several times a day based on the time of day and the cutoff time that the managed payee is available to accept payments that day.

Due to the inherent need to expedite the payment, payment instructions will be completed immediately upon submission of a request from a customer. The customer will not have the ability to edit or cancel the payment instruction after he or she has confirmed the payment request.

See our Schedule of Fees and Charges for Personal Accounts for all fees that may apply.

11. ABBconnect “People Pay.”

You may use the ABBconnect “People Pay” service to send money to other individuals; all you will need is an e-mail address or a mobile phone number to send money. You may also receive money from other People Pay users.

• Enrollment/Activation. You must enroll in ABBconnect Online Banking to access ABBconnect People Pay Separate enrollment is required for the People Pay service. Approval and activation of service may take up to two business days.
• Eligible Recipients. You may send funds only to individuals and accounts located within the United States, and only in U.S. dollars. We reserve the right to determine who and which accounts may receive fund transfers. You may not transfer funds to recipients until they have been set up in your online banking profile. To do this you must log on to our online banking or mobile banking service. You will see when a recipient is eligible for fund transfers in your online banking profile.
• Sending Funds. There are several ways to send funds to a recipient. If you know the recipient’s account information (e.g., account number and bank routing number), you can instruct us to send funds electronically to that account. You can also provide us with the recipient’s U.S. mailing address to have funds sent to the recipient via check. You can instruct us to send an email or text message to the recipient, advising the recipient of the pending transaction and asking the recipient to provide the account and other information we need to complete the transfer. Lastly, if you know the email address associated with a recipient’s PayPal account, then the money can be deposited directly into that PayPal account in real time. This kind of payment cannot be canceled after it has been sent. We only support payments sent within the United States.
• We may charge your account for the transfer amount as early as the day of your request and credit funds to an omnibus account that we maintain to clear transactions. If you provide us with the recipient’s account information and instruct us to send funds electronically to that account, it may take up to three business days before funds are credited to the recipient’s account. Payments made by check are generally issued within one business day of your request. Note: It could take between 5 and 7 business days after the check is issued for it to be received by the recipient through U.S. mail. If the transfer requires the recipient to respond to an email or text message (e.g., to provide us with the information we need to complete the transfer), funds will generally be credited to the recipient’s account within three business days of the date the recipient claims the transfer and otherwise provides us with all required information. If the recipient fails to respond to the email or text message within 10 calendar days or the transfer cannot be made for any other reason, we will notify you and return funds to your account.
• The cutoff time for submitting transfer instructions is 6:00 p.m. PT. Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. You will receive a confirmation at the time that you submit your transfer instructions.
• Receiving Funds You may also receive money from other People Pay users. Whenever you have actionable payments, an indicator will appear on the Incoming Payments Tab to alert you. The payment can be claimed or denied. Once the payment is claimed, the money is delivered to the specified location in the appropriate timeframe. You can only claim payments for eligible People Pay funding accounts.
• Erroneous Transfer Instructions. You assume sole responsibility for you or the recipient accurately describing transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate transfer instructions. If you give us a transfer instruction (or the recipient gives us information related to your instruction) that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer instructions.

• Rejecting Transfer Instructions. We may reject transfer instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a transfer instruction, for example, if you do not have sufficient available funds to cover the transfer. If we reject a transfer, you will need to re-enter the information if you wish to make the transfer at a later date.
• Cancelling and Changing Transfer Instructions. You do not have a right to cancel, change, or stop a transfer after it is submitted to us. Although we may attempt to act on any cancellation or stop request you make (e.g., if it is received in a time and manner which permits us to do so), we assume no responsibility for failing or refusing to do so, even if we could have effected the cancellation or stopped the transaction. Our acceptance of any cancellation or stop payment request will not obligate us to accept any future request for cancellation or stop payment. We may discontinue accepting such requests at any time without prior notice. You agree to indemnify, defend and hold us and our agents harmless from any loss, damage, claim, action, and liability that results, and any charges and costs we or our agents incur, in connection with any request by you to cancel or stop a transfer instruction.
• Limitations. Fund transfers are subject to the following limits: $750 per transaction and $1,000 per business day. We may permit you to exceed these limits from time to time at our sole discretion. If we do, we may stop doing so without prior notice to you. We also may deny or limit transactions for security reasons.
• Transfers may be made from checking and money market deposit accounts only. Transfers from money market deposit accounts are limited by law and your deposit agreement with us. You may only make up to 6 withdrawals and/or transfers each month from your money market account by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone, and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
• Use of SMS Text Messages. Users of this Service may receive SMS text messages relating to their transactions, such as payment notices or alerts for validation. You may receive SMS text messages related to your transactions from time to time. You authorize us to send emails and SMS text messages to you in connection with your Service transactions at the email address or mobile phone number you provide in connection with the Service, even if you elect not to receive other marketing messages from us in that manner. Your carrier’s normal rates and fees, such as text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS message. Just text “Stop” to this number: 322654.

See our Schedule of Fees and Charges for Personal Accounts for all fees that may apply.

Questions about ABBconnect People Pay. You can contact us by calling us at (213) 430-5150, or emailing us:  treasurymanagement@americanbb.bank.

12. Sufficient Funds.

You must have sufficient available funds in your Account to cover the amount of any transaction that would be charged to your Account. Subject to limitations set out in this Agreement, you can request up to the amount of available funds or available credit in your Account. We may hold (or “freeze”) funds at any time after you have initiated a Personal Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Personal Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions) in any order we choose. We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. We may prevent or reverse any payments or other Personal Service in any order that we choose as a means of preventing or recovering any overdrafts or other exposures. If you do not have sufficient or available funds or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items), as set forth herein and in the Schedule of Fees and Charges for Personal Accounts.

Without limiting the foregoing, if we allow your overdraft line of credit (if available) to be overdrawn (meaning your advance exceeds your available overdraft line of credit amount), you must immediately make a deposit to cover the excess overdraft. If we sue you to collect any overdraft, you agree that we’re entitled to collect all costs and expenses of suit from you (including the reasonable cost of an attorney), in accordance with applicable law. If we allow an advance from your overdraft line of credit, you’re responsible for any interest we charge in accordance with the terms of the overdraft line of credit agreement. You agree that we are not liable for any damages or expenses you incur due to any delay or failure of the (i) courier (or the US Postal Service) in delivering any check; and (ii) any Payee or third party in crediting or processing a payment or withdrawal.

13. Drawing From a Line of Credit.

The Personal Services only allows you to draw from the available credit balance on certain personal lines of credit (overdraft line(s) of credit and home equity line(s) of credit) with the Bank in order to transfer such drawn amount to your checking, Money Market or savings Account. You agree that every draw from the available credit balance on your overdraft line of credit and/or home equity line of credit (as applicable) via the Personal Services is subject to all the terms and conditions of your applicable loan agreement with the Bank.

14. Electronic Mail.

You can use the Personal Services to send us electronic mail (“e-mail”) with the advantage of the security of the Personal Services system. However, encryption of data transmissions does not guarantee privacy. Data transferred via the Personal Services is encrypted in an effort to provide transmission security. Notwithstanding our efforts to insure that the Personal Services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers (including transfer requests and electronic mail) occur openly on the Internet. This means that the data transfers potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Personal Services will not be monitored or read by others.

Since e-mail can be subject to delay and may not be received or reviewed by us promptly (for example, one or more Business Days after you send it), you should not rely on it if you need to communicate with us immediately (e.g., to stop payment on a check or report an unauthorized transaction). If you need to contact us immediately, call us at (213) 430-5150 during business hours. We will have a reasonable time to act on e-mail request, and reserve the right to reject any instruction or request received by e-mail (e.g., a request to wire funds). Unless you are using the Secure Message Service, do not include any sensitive information about yourself or your accounts in the e-mail, as these communications are not secure. You agree that we may read and record any e-mail communications between you and our employees through Personal Services.

15. Electronic Stop Payment Service for Checks.

• Placing a Stop Payment Order. You may electronically place a stop payment order (an “electronic stop payment order”) with respect to a check you have written (non-electronically). Electronic stop payment orders must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request. This Personal Service may not be available during certain hours. You agree that we may establish a Cut-Off Deadline for stop payments, and stop payment orders that are transmitted after such Cut-Off Deadline will be treated as having been transmitted on the following Business Day. You must identify the check to which an electronic stop payment order applies exactly as to Account, check number, exact amount (dollars and cents), date and payee. You should be aware that a check may be paid notwithstanding an electronic stop payment order if the check is not completely and accurately described in such order or for any other reason set forth in our policies and procedures concerning non-electronic stop payment orders. However, either we may, in our discretion and without any duty to inquire further, return any check bearing the check number or in the amount you specify in the electronic stop payment order, whether or not the remaining information matches information you supply. You agree that an electronic stop payment order will be deemed to be in writing, and not oral, and will expire twenty-four months (24), or longer in our discretion without notice to you. We are not required to give you notice of an expiring electronic stop payment order. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account.You agree not to place an electronic stop payment order with respect to non-check payments or debits.
• Status of Stop Payment Orders. To determine if we have accepted or rejected an electronic stop payment order, you must verify its status, and we will have no other obligation to notify you that such order was rejected or accepted. We may reject an electronic stop payment order with respect to a check posted to the Account, including a check posted to the Account but returned unpaid for non-sufficient funds or other reasons, or a check we received and posted the previous Business Day. Due to system limitations, we may accept an electronic stop payment order with respect to a check that was previously paid, and we will have no obligation to determine or notify you that such check was previously paid. The fee for stop payment on a check you have written is set forth in the Schedule of Fees and Charges for Personal Accounts.
• You may not use the Personal Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; any cashier’s check, certified check or other official institution check have purchased from Bank or any check which we have guaranteed.
• Indemnification. You agree to indemnify us against, and hold us harmless from, all damages in any way arising out of or relating to disputes or legal actions by third parties concerning any electronic stop payment order placed by you or the return of any check pursuant to such an order. You assign to us your rights against the payee or any other holder of any such check, and you agree to cooperate with us in any legal action we may take against such persons. This subsection does not apply to any damage attributable to our gross negligence or willful misconduct. You should be aware that a holder of a check may be entitled to enforce payment against you notwithstanding an electronic stop payment order. Your obligations under this subsection will survive termination of this Agreement.
• Payment of Checks. If we inadvertently pay a check for which an electronic stop payment order is effective, any service charges that result, including the stop payment fee, will be reversed and we will reimburse you for any damages up to the amount of the check, provided you prove that you are not liable to the payee to whom the check was drawn. We may also seek recovery of the amount from the party who received the proceeds of the check, and you will assist us in doing so to the extent we reasonably request. Your obligations under this subsection will survive termination of this Agreement.

16. Alert Services.

You may have the ability to set up an Account notification (“Alert”) feature which is a convenience feature that permits you to request automated notification of specific situations. For example, you may request an Alert when an Account has reached a certain balance or a check has been processed. You are responsible to input accurate information to set up the Account notifications. Alerts do not replace standard communications you receive from us concerning your Accounts. Receipt of Alerts may be delayed, or prevented by factor(s) affecting your Internet service provider(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any Alert. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any Alert: (b) inaccurate content in an Alert; (c) your use or reliance on the contents of any Alert for any purposes. We reserve the right to terminate any request from you for any Alert, at any time. The information in any Alert may be subject to certain time lags and/or delays. You will manage the types and timing of your Alerts, and the Alerts may be stopped or suspended by you at any time.

17. Prohibited Transfers.

You agree to use the Personal Services in compliance with applicable laws, rules and regulations, including the sanction laws administered by the Office of Foreign Asset Control (“OFAC”). Transfers to recipients outside of the United States or its territories are prohibited through the Personal Services. Also, you agree not to use the Personal Services to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments and if you do so, then you agree that it is your sole responsibility if payments to these payees are delayed or improperly processed or credited. We will not be liable for penalties, interest or other damages of any kind if you try to use the Personal Services to remit or pay money for taxes, or to courts or governmental agencies.

18. Business Days.

For purposes of these disclosures, our business days are Monday through Friday (“Business Days”). Holidays are not included.

19. Documentation.

• Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
• Periodic statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).

20. Bill Payment Service.

The Personal Services allow you to make payments to third parties, subject to the terms and conditions set forth in this Agreement (“Bill Payments”). We may use third parties acting on our behalf to process bill pay payments. These third parties may benefit from interest that accrues on Bill Payments between the time your Payment Account is debited and the time the payee is paid. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of Bank and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any Bill Payment), you authorize us to obtain information regarding you, your Account and your Bill Payment obligations (or the absence of them) from any party that was involved in the Bill Payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information. All bill payments must be made from a linked bank transactional checking Account. All references to the “Service” in this section refer to the bill payment service offered by American Business Bank.

• • Definitions. As used in this Section 20, the term “Payee” means the person or entity to whom you wish a bill payment to be directed. The term “Payment Instruction(s)” means the information provided by you through the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and payment date). The term “Payment Account” means your checking Account which will be debited in order to fund all of your Payment Instructions. The term “Scheduled Payment Date” means the Business Day of your choice upon which your Payment Instruction will be processed and your Payment Account will be debited in order to deliver your payment to the Payee. The term “Due Date” means the date reflected on your Payee statement for which the payment is due and does not include the late date or grace period, if any, provided by the Payee. The term “Bill Pay Cutoff Time” means 6:00 p.m. PT on any Business Day.
  • Bill Payment Limitations. Individual and recurring Bill Payments must be less than $10,000 each.
  • Processing Bill Payments. We reserve the right to select the method in which to remit funds on your behalf. These payment methods may include, but may not be limited to, an electronic payment, an electronic check payment (where the check is drawn off Bank’s third party service provider’s account), or a deemed draft payment (where a negotiable instrument is created and drawn off of your Payment Account). You must use the Service to set up a Scheduled Payment Date that is at least three to five Business Days before the Due Date in order to allow sufficient time for the Service to process your Payment Instruction. The average processing timeframes do not apply, and you will need to allow additional processing time, for bill payments sent to U.S. Territories (Guam, Puerto Rico, U.S. Virgin Islands) or International Military Bases.
  • One time and recurring bill payments. The Service allows for the processing of a one-time bill payment (for either now or in the future). A single Payment Instruction will be processed on the Business Day that you designate as your Scheduled Payment Date; provided that your Payment Instruction is submitted prior to the Cut-Off time for the date you designate as the Scheduled Payment date. If you set up a Scheduled Payment Date that is a non-Business Day, then you agree that the Service will cause your Scheduled  Payment   Date   to   be   the   Business   Day   after   your   Scheduled   Payment   Date.

The Service also allows for the processing of recurring bill payments. If this bill payment type is selected, the Service will automatically reschedule the Scheduled Payment Date for the next bill payment. Based upon your selected frequency settings for bill payment, a Scheduled Payment Date is calculated for the next occurrence of the bill payment. If the calculated Scheduled Payment Date is a non-Business Day, then the future Scheduled Payment Date will be the Business Day after the new future Scheduled Payment Date.

Before your electronic payment is processed, we verify the available balance of your Payment Account. If you don’t have sufficient funds in that account on the date your payment is scheduled, your payment may be delayed or cancelled. In the event the third party you have designated does not accept electronic payments, we will send a draft on your behalf to that third party and the money will be subtracted from your account when the draft payment is posted against your payment account.

• Payments from Money Market Accounts. Transactions involving money market accounts are limited by law. You may only make up to six withdrawals and/or transfers during each monthly statement cycle by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking (such as by Bill Payment). If you exceed this limitation, we may refuse to honor the excessive transactions, remove your transfer privileges, close the account without prior notice, convert it to another type of account, and/or impose a fee for exceeding the limits (see our “Schedule of Fees and Charges for Personal Accounts”). Note: We count checks and debits for purposes of the transaction limitation as of the date we post them to your account (not as of the date you write them or initiate a Payment Instruction). As such, a check you write or a debit you initiate through Bill Payment during one statement period may not be counted until a subsequent statement period.
• Additional terms of the Service. The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement. The Service shall incur no liability to you if the Payee mishandles or delays a payment sent by the Service or if you provide the Service with the incorrect name, phone number or account information of the Payee.
• Payment Changes and Cancellation. You may change or cancel a Payment Instruction request via the online system as long as you cancel the same day up until the 6:00 p.m. PT Bill Pay Cutoff time and/or prior to the payment status showing “Processing”. If you ask us to cancel a Payment Instruction after the Bill Pay Cutoff Time on the Business Day prior to the Scheduled Payment Date of the Payment Instruction, then you may not be able to prevent the bill payment. However, you may be able to place a stop payment order on the bill payment request, as provided below.
• Stop Payment Requests. Our ability to process a stop payment request will depend on the payment method used for the particular Payee (e.g. electronic payment or non-electronic payment) and whether or not a check has cleared. We will make our best attempt to stop the payment however we may not have a reasonable opportunity to act on any stop payment request after the bill payment has been processed. If you desire to stop any Payment Instruction, then you must contact us (213) 430-4000 during business hours. Although we will make every effort to accommodate your stop payment request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request is stated in our Schedule of Fees and Charges for Personal Accounts.
• Stop payment orders, whether oral, written, or electronic, will be in effect for a period of twenty-four (24) months, or longer in our discretion without notice to you. We are not required to give you notice of an expiring stop payment order. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account.
• No signature required. You agree that your Payment Instruction may be charged against and debited from your Payment Account without requiring your signature on the item or check and without prior notice to you.
• Exclusion of warranties. THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• In the event a Service transaction is returned. In using the Service, you are requesting the Service to make payments for you from your Payment Account. If the Service is unable to complete a Payment Instruction or any other transaction allowed under this “Bill Payment Service” section of this Agreement for any reason associated with your Payment Account (for example, there are not sufficient and/or available funds in your Payment Account to cover the transaction, or unavailable funds on your checking account’s overdraft line of credit), the Payment Instruction or transaction will not be completed. In some instances, you will receive a return notice from American Business Bank. In such case, you agree that:
  • You will reimburse the Service immediately upon demand the amount that has been returned to the Service;
  • For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse the Service for any fees imposed by the Bank as a result of the return;
  • You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and
  • The Service is authorized to report the facts concerning the return to a credit reporting agency.

• Alterations and amendments. This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the programs, services, and/or related materials, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Service’s more recent revisions and updates.

21. Address or Banking Changes.

You agree to promptly notify the Bank in writing of any address change. Additionally, you agree to notify the Treasury Management Department in writing at least ten (10) Business Days in advance of any change to your Payment Account (s), or your banking status.

22. Information authorization.

Your enrollment in the Personal Service may not be fulfilled if the Personal Service cannot verify your identity or other necessary information. Through your enrollment in the Personal Service, you agree that the Personal Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Personal Service reserves the right to obtain financial information regarding your Account from a Payee or financial institution to resolve payment-posting problems.

23. Electronic Bill Presentment (eBills).

This feature allows you to receive e-bills from participating creditors/billers (“Biller(s)”). Billing statements will come through electronically making them available for viewing and paying through this online service. It will be your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Personal Service’s electronic bill options, you also agree to the following:

• Information provided to the Biller. This Personal Service is unable to update or change your personal information such as, but not limited to, name, address, and phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Personal Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about service and/or bill information.
• Activation. Upon activation of the electronic bill feature, the Bank may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
• Authorization to obtain bill data. Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
• Notification. This Personal Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Personal Service, we may send an e-mail notification to the e-mail address listed for your Account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Personal Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
• Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Personal Service will notify your electronic Biller (s) as to the change in status of your Account and it is your sole responsibility to arrange for an alternative form of bill delivery. The Personal Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
• Non-Delivery of electronic bill(s). You agree to hold the Bank harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all Copies of previously delivered bills must be requested from the Biller directly.

• Accuracy and dispute of electronic bill. The Bank is not responsible for the accuracy of your electronic bill(s). The Bank is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

24. Customer Service.

You may contact us at (213) 430-4000 or (213) 430-5150, during regular business hours, excluding legal holidays. Our hours of operation are subject  to  change  without  prior   notice.   You   can   also   contact   us   by e-mail at treasurymanagement@americanbb.bank.

25. ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE (Applies only if you are a CONSUMER)

The provisions of the following Electronic Fund Transfer Disclosure apply only to electronic fund transfers to or from accounts established primarily for personal, family, or household purposes (“consumer accounts”). These provisions do not apply to any transactions that are not covered under the Electronic Funds Transfer Act or Regulation E.

This Electronic Funds Transfer Disclosure governs the use of electronic funds transfer services. Terms and disclosures applicable to the American Business Bank Consumer Visa® Debit Card are provided separately in the Consumer Visa® Debit Card Agreement.

Frequency Limitations

Regulation D limits certain types of withdrawal and transfer transactions you can make out of a savings and money market account. During any monthly statement cycle, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer, facsimile or telephone order or instruction, computer transfer, or by check, draft, or similar order to a third party. We will use the date a transaction is completed by us (as opposed to the day you initiate it) to apply the frequency limitation. If you exceed these limits, we may close the account, impose a fee and/or change the account to a non-interest bearing demand deposit account.

Additional transaction limitations on your particular account may apply. Consumer account holders please refer to your Truth in Savings Disclosure applicable to the account you have selected.

Fees

See our Schedule of Fees and Charges for Personal Accounts for all other fees that may apply.

Documentation

Terminal Transfers – You can get a receipt at the time you make any withdrawals or purchases from your account using an automated teller machine or at point-of-sale terminal.

Preauthorized Credits – If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (213) 430-4000 to find out whether or not the deposit has been made.

Periodic Statements – You will get a monthly account statement unless there are no transfers in a particular month. In any case you will get the statement at least quarterly.

Preauthorized Payments

Right To Stop Payment And Procedures For Doing So – If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:

Call us at: (213) 430-4000

or Write us at:
American Business Bank
400 South Hope Street, Suite 300
Los Angeles, CA 90071

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. We will charge you the stop payment fee listed in our Schedule of Fees and Charges for Personal Accounts for each stop payment order you give.

Notice Of Varying Amounts – If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Liability For Failure To Stop Payment Of Preauthorized Transfer – 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.

Consumer Liability

Tell us AT ONCE if you believe your Code or Password has 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. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your Code or Password, you can lose no more than $50 if someone used your Code or Password without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Code or Password, and we can prove we could have stopped someone from using your Code or Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Contact in the Event of Unauthorized Transfer

If you believe your Code or Password has been lost or stolen, call or write us at the phone number and address listed below.

Call us at:
(213) 430-4000

or Write us at:
American Business Bank
400 South Hope Street, Suite 300
Los Angeles, CA 90071

You could also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Financial Institution’s Liability

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 be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer;
2. If the transfer would go over the credit limit on your overdraft line;
3. If the telephone system was not working properly and you knew about the breakdown when you started the transfer;
4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or
5. There may be other exceptions stated in our agreement with you.

Confidentiality

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

1. Where it is necessary for completing transfers, or
2. In order to verify the existence and condition of your 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.

Refer to our privacy notice, applicable to consumer accounts for further details.

Change in Terms/Termination/Suspension of Service

We may change the terms, terminate or suspend your use of some or all of our electronic fund transfer services at any time, with or without cause and without affecting your outstanding obligations.

In Case of Errors or Questions About Your Electronic Transfers

Telephone us or Write us at

Call us at:
(213) 430-4000

or Write us at:
American Business Bank
400 South Hope Street, Suite 300
Los Angeles, CA 90071

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.

1. Tell us your name and account number;
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
3. Tell us the dollar amount of the suspected error.

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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days 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.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 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.

We will tell you the results within 3 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.

26. Business and Other Non-personal Accounts.

The Bank’s obligations set forth in Section 25, and the limitations on your liability also set forth in Section 25, do not apply in the case of business or other non-personal accounts. Except as required by law, under no circumstances will we be liable for any special or consequential damages involving such accounts. The owners of non-personal accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of the discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first). We may process any online instructions we believe is given by any of you if the instructions is accompanied by your Code and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.

27. Fees.

At this time we do not charge fees for your electronic fund transfer services provided through the Personal Services. There are fees applicable to non-electronic funds transfer transactions, such as check stop payment fees. These fees are reflected in our current Schedule of Fees and Charges for Personal Accounts, a current copy of which is available upon request. These fees are in addition to any fees and service charges currently being paid for any other Bank products and services used by you. We reserve the right to impose fees in connection with the electronic fund transfer services made available through the Personal Services and to make changes to such fees, as well as existing fees, at our discretion. We will provide advance notice of these new fees or changes as required by law. Other fees may be assessed and billed separately by your Internet and/or telephone service provider. You agree to pay all fees and charges we impose. You authorize us to charge the designated Account and/or any other account you hold with us to cover your fees and charges. You also authorize us to charge you according to our then-current fee schedule.

28. Harm to Computer Systems/Data.

You agree that we will not be liable for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components.

29. Performance of Software and Electronic Service.

THE PERSONAL SERVICE AND RELATED DOCUMENTATION IS PROVIDED ‘AS-IS” AND WE MAKE NO WARRANTY OF ANY KIND EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING ANY SERVICE OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

30. Confidentiality: Disclosure of Information.

All information gathered from you in connection with using the Personal Service will be governed by the provisions of our privacy policy, including the internet privacy policy (as applicable), which you agree to review by accessing on our homepage.

In addition, 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 your written permission.

31. Advertising.

Neither you nor the Bank may use the other’s name or refer to the other directly or indirectly in any advertisement, solicitation, marketing materials, news release or other release to any publication without receiving the other party’s specific prior written approval for each such use. This section does not limit either party’s right to make any disclosure required by law.

32. Notices.

Except as otherwise expressly provided herein:

Any notice from you to us under this Agreement must be (a) in writing, addressed to American Business Bank, Attention: Treasury Management Department, 400 South Hope Street, Suite 300, Los Angeles, California 90071 or (b) given electronically by utilizing the Secure Message Service.

Any notice from us to you under this Agreement must be (a) in writing, addressed to you at your address set forth on an Enrollment Form, or to such other address as you may specify in writing, (b) given electronically by utilizing the Secure Message Service, or (c) given electronically by being posted on this Site or on another Web site with a hyperlink from this Site. You agree to provide us with your current e-mail address for notices. If your e-mail address changes, you must send us a notice of the new address in writing to

American Business Bank
Attn: Treasury Management Department
400 South Hope Street, Suite 300
Los Angeles, CA 90071

Notices will be effective upon receipt or, with respect to notices given electronically, when they are sent or posted.

33. Termination; Suspension; Delay.

We may terminate or suspend this Agreement and any Personal Service provided hereunder at any time upon prior notice of termination to you. Except to the extent restricted by law, we reserve the right to terminate or to discontinue support of any Personal Service, or delay or refuse processing any transaction, without written notice. You may terminate this Agreement upon 30 days written notice to us. Termination of this Agreement will not affect any rights we may have, or any obligations you may have, as to any transaction or Personal Services caused or attempted by you before termination.

34. Uploaded Content, Linked Sites and Advertisement.

From our website, you may be able to access uploaded content provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such content or any of the information, products or services on such linked websites. You acknowledge and agree that: (i) you access such content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, content on our website and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, content uploaded to our website or goods or services offered on or advertising on or by another website; (iv) by using other websites and Personal Services, you may be exposed to content that is offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. You agree to hold us harmless in connection with all of the foregoing.

We reserve the right, but shall have no obligation, to reject, move, or delete content that we, in our sole discretion, believe violates this Agreement, or contains content, including viruses, that may interfere with the operation of our website. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose content to any third party if required by law or if we believe reasonably to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, properly, or personal safety, or those third parties.

35. Third Party Content.

We may receive, process, and make available to you content that we receive from you and others. In this regard, we are merely a passive conduit for such content, although we reserve the right to block or remove any content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on such sites. We will not have a duty to interpret or evaluate any content transmitted to us or through our website or Personal Services, except to the limited extent, if any set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content or any content we receive from you or third parties. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party content on our website, even if we have reason to know of its existence. Use of any content you obtain from our website is at your own risk.

36. User Communication and Personalization Settings.

Our website  and Personal Services may permit  you to send or receive communication  (such  as email, chat, newsgroup and the like) and to store content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, content or settings.

37. Our Intellectual Property.

You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Personal Services, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by us our website and as part of the Personal Services and our name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Agreement or otherwise. You may not use, reproduce, duplicate, copy or distribute the content found at our website or provided by the Personal Services.

You may not distribute, use, reproduce, duplicate, copy, publish, sell or otherwise transfer (a) any portion or element of the Personal Services or the Intellectual Property (b) use of our website, Personal Services or Intellectual Property, or (c) access to our website, the Personal Services or Intellectual Property. Further, you may not (a) create derivative works or any portion or element of our website, Personal Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in our website or the Personal Services; (d) modify or erase any copyright or trademark notice we place at our website; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the site or a list of our content or site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots,” or “bots”) to systematically access and download data; (i) access the Personal Services by any mean other than via our website; (j) frame our website or any Intellectual Property; or (k) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or other Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

38. User Conduct.

You agree not to use the Personal Service or the content or information in any way that would: (a) infringe any third- party copyright, patent, trademark, trade-secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Personal Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or illegal Internet gambling); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Personal Service; or (i) use the Personal Service in such a manner as to gain unauthorized entry or access to the computer systems of others.

39. No Commercial Use or Re-Sale.

You agree that the Personal Service is only for the personal use of the individuals authorized to access your account information with us. You agree not to make any commercial use of the Personal Service or resell, lease, rent or distribute access to the Personal Service.

40. Other.

Entire Agreement; Conflicts. This Agreement is in addition to other agreements between American Business Bank and you, including but not limited to (as applicable), your checking, savings, and other deposit account agreements, as may be modified from time to time. This Agreement (including any enrollment forms) will control in the event of any conflict between this Agreement and any applicable user information or any other document or written or oral statement (including but not limited to any deposit agreement between you and us). This Agreement supersedes all prior understandings, writings, proposals, representations and communications, oral or written, of either party relating to Personal Services.

Amendment. We may amend, add to or change this Agreement (including changes in its fees and charges hereunder). We will provide notice of amendments, additions or changes if required by law. Such notice may be made available electronically, unless otherwise prohibited by law. Your continued use of the Personal Services will constitute your consent to the amendments, additions or changes.

Severability. In the event that any provision of this Agreement or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law.

Waivers. No delay or failure by you or us to exercise any right or remedy under this Agreement will impair or operate as a waiver thereof. No waiver by you or us of a specific breach or default under this Agreement will be deemed a waiver of any other breach or default. Any waiver by us of a breach or default under this Agreement must be in writing.

Assignment and Delegation. We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or obligations under this Agreement, and any effort by you to do so is unenforceable at our election. We may utilize the services of one or more agents or independent contractors to perform our obligations under this Agreement. This Agreement is not for the benefit of any other person, and no other person has any right under this Agreement against you or us.

No Agency, Fiduciary, Joint Venture or Partnership Relationship. Nothing contained in this Agreement is intended to create any agency, fiduciary, joint venture or partnership relationship between you and us.

Headings. The headings in this Agreement are for convenience of reference only, are not to be deemed a part of this Agreement and must not be referred to in connection with the interpretation of this Agreement.

Choice of Law and Venue. This Agreement is to be interpreted in accordance with California law without reference to California principles of conflicts of law. Any action regarding any dispute between the parties with respect to this Agreement, any Personal Service, any transaction performed pursuant to this Agreement or the performance or alleged non-performance by either party of its duties and obligations under this Agreement, whether at law or in equity and whether based upon an alleged tort, breach of contract, statutory or regulatory violation or other theory, will be brought only in state or federal court in Los Angeles County, California. The parties consent to the jurisdiction of such court for any such action, and agree not to assert that such venue is improper or inconvenient, nor bring any such action in any other court.

41. Acceptance.

By clicking “I have read and agree to the terms of the Online Banking Agreement and Disclosure” on the Online Banking Enrollment page, you are agreeing to the terms and conditions set forth in this Agreement. In order to use Online Banking, you must agree to Online Banking Disclosures and select the checkbox to agree to their terms and conditions.