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Terms and Conditions

Remote Deposit Capture User Agreement (“Agreement”):

This Agreement contains the terms and conditions for the use of Decatur County Bank and West
Tennessee Bank’s (“DCB”, “us,” or “we”) Mobile Check Deposit and/or other remote deposit capture
services that we or our affiliates may provide to you (“you,” or “User”). Other agreements you
have entered into with DCB, including the Deposit Account Terms and Conditions Agreement,
Electronic Funds Transfer Agreement and other Disclosures governing your DCB account, are
incorporated by reference and made a part of this Agreement.

  1. Services. The mobile check deposit services (“Services”) are
    designed to allow you to make deposits to your checking, savings, or money market savings
    accounts and loan payments from your smartphone by taking a picture of the check(s)
    and delivering the images and associated deposit/payment information to DCB or DCB’s
    designated processor. There is currently no charge for the Services. You may be
    charged access fees by your cell phone provider based on your individual plan. Web access is
    required to use this service. Check with your cell phone provider for details on
    specific fees and charges.
  2. Acceptance of these Terms. Your use of the Services constitutes
    your acceptance of this Agreement. This Agreement is subject to change from time to time.
    We will notify you of any material change via email or on our website(s) by providing a
    link to the revised Agreement. Your continued use of the Services after any such
    change will indicate your acceptance of the revised Agreement. Further, DCB reserves the
    right, in its sole discretion, to change, modify, add, or remove portions from the
    Services. Your continued use of the Services will indicate your acceptance of any such changes
    to the Services.
  3. Limitations of Service. When using the Services, you may experience
    technical or other difficulties. We cannot assume responsibility for any technical
    or other difficulties or any resulting damages that you may incur. Some of the Services
    have qualification requirements, and we reserve the right to change the
    qualifications at any time without prior notice. We reserve the right to change, suspend or
    discontinue the Services, in whole or in part, or your use of the Services, in whole or in part,
    immediately and at any time without prior notice to you.
  4. Eligible items. You agree to deposit only checks as that term is
    defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the
    check transmitted to DCB shall be deemed an “item” within the meaning of Article 4
    of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use
    the Services to deposit any checks or other items as shown below:

    1. Checks or items payable to any person or entity other than you.

    2. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any
      account on which you are an authorized signer or joint account holder.

    3. Checks or items containing obvious alteration to any of the fields on the front of the check or item,
      or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized
      by the owner of the account on which the check or item is drawn.

    4. Checks or items previously converted to a substitute check, as defined in Reg CC.

    5. Checks or items drawn on a financial institution located outside the UnitedStates.

    6. Checks or items that are remotely created checks, as defined in Reg CC.

    7. Checks or items not payable in United States currency.

    8. Checks or items dated more than 6 months prior to the date of deposit.

    9. Checks or items prohibited by DCB’s current procedures relating to the Services or which are
      otherwise not acceptable under the terms of your DCB account.

  5. Image Quality. The image of an item transmitted to DCB using the
    Services must be legible. The image quality of the items must comply with the
    requirements established from time to time by ANSI, the Board of Governors of the
    Federal Reserve Board, or any other regulatory agency, clearing house or association
  6. Endorsements and Procedures. You agree to restrictively endorse any
    item transmitted through the Services as “For Mobile Deposit, DCB Account #_” or as
    otherwise instructed by DCB. You agree to follow any and all other procedures and
    instructions for use of the Services as DCB may establish from time to time.
  7. Receipt of Items. We reserve the right to reject any item
    transmitted
    through the Services, at our discretion, without liability to you. We are not
    responsible for items we do not receive or for images that are dropped during
    transmission. An image of an item shall be deemed received when you receive a
    confirmation from DCB that we have received the image. Receipt of such confirmation
    does not mean that the transmission was error free or complete.
  8. Availability of Funds. Funds deposited using the Services will be
    available after DCB receives payment for the funds submitted and in accordance with
    DCB’s funds availability policy. DCB may make such funds available sooner based on
    such factors as credit worthiness, the length and extent of your relationship with
    us, transaction and experience information, and such other factors as DCB, in its sole
    discretion, deems relevant.
  9. Disposal of Transmitted Items. Upon your receipt of a confirmation
    from DCB that we have received the image of an item, you agree to prominently mark the
    item as “Electronically Presented” or “VOID” and to properly dispose of the item to
    ensure that it is not represented for payment. And, you agree never to represent the item.
    You will promptly provide any retained item, or a sufficient copy of the front and back
    of the item, to DCB as requested to aid in the clearing and collection process, to
    resolve claims by third parties with respect to any item, or for DCB’s audit purposes.
  10. Deposit Limits. We reserve the right to impose limits on the
    amount(s) and/or number of deposits that you transmit using the Services and to modify such
    limits from time to time.
  11. Hardware and Software. In order to use the Services, you must
    obtain and maintain, at your expense, compatible hardware and software as specified by DCB
    from time to time. See decaturcountybank.com for current hardware and software
    specifications. DCB is not responsible for any third party software you may need to
    use the Services. Any such software is accepted by you as is and is subject to the terms
    and conditions of the software agreement you enter into directly with the third party
    software provider at time of download and installation.
  12. Errors. You agree to notify DCB of any suspected errors regarding
    items deposited through the Services right away, and in no event later than 60 days after
    the applicable DCB account statement is sent. Unless you notify DCB within 60 days, such
    statement regarding all deposits made through the Services shall be deemed correct,
    and you are prohibited from bringing a claim against DCB for such alleged error.
  13. Presentment. The manner in which the items are cleared, presented
    for payment, and collected shall be in DCB’s sole discretion subject to the Deposit
    Account Terms & Conditions Agreement and Disclosures governing your account.
  14. Ownership & License. You agree that DCB retains all ownership
    and proprietary rights in the Services, associated content, technology, and website(s).
    Your use of the Services is subject to and conditioned upon your complete compliance with
    this Agreement. Without limiting the effect of the foregoing, any breach of this
    Agreement immediately terminates your right to use the Services. Without limiting
    the restriction of the foregoing, you may not use the Services (i) in any anti-
    competitive manner, (ii) for any purpose which would be contrary to DCB’s business interest, or
    (iii) to DCB’s actual or potential economic disadvantage in any aspect. You may use
    the Services only for conducting business or personal transactions with DCB in
    accordance with this Agreement. You may not use the Services for your business purposes. Any
    unauthorized use of the Services may result in the termination of use of the
    Services and additional penalties as allowed by law. You may not copy, reproduce, distribute
    or create derivative works from the content and agree not to reverse engineer or
    reverse compile any of the technology used to provide the Services.
  15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND
    ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS
    PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY
    KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
    LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY , FITNESS FOR A P ARTICULAR PURPOSE AND
    NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR
    REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMEL Y , SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT
    MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN
    THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  16. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR
    ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
    INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES
    RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY
    THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF
    THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT,
    TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF DCB HAS BEEN INFORMED OF THE POSSIBILITY
    THEREOF.
  17. User warranties and indemnification. You warrant to DCB that:

    1. You will only transmit eligible items.
    2. Images will meet the image quality standards.
    3. You will not transmit duplicate items.
    4. You will not deposit or represent or allow anyone else to deposit or representthe original item.
    5. All information you provide to DCB is accurate and true.
    6. You will comply with this Agreement and all applicable rules, laws and regulations.
    7. You agree to indemnify and hold harmless DCB from any loss for breach of this warranty provision.
  18. Other terms. You may not assign this Agreement. This Agreement is
    entered into in Decaturville, Tennessee, and shall be governed by the laws of the
    State of Tennessee and of the United States. A determination that any provision of this
    Agreement is unenforceable or invalid shall not render any other provision of this
    Agreement unenforceable or invalid.