AGREEMENT BETWEEN USER AND MERRICK BANK CORPORATION

The Merrick Bank Corporation ("Merrick Bank") website and mobile app are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Merrick Bank website or mobile app constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms and Conditions of Use

Merrick Bank reserves the right to change the terms, conditions, and notices under which its website and mobile app are offered. You are responsible for regularly reviewing these terms and conditions.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Merrick Bank website and mobile app are for your personal and non-commercial use. You may not link to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, website products or services obtained from the Merrick Bank website or mobile app.

Links to Third Party Sites

The Merrick Bank website may contain links to other websites (“Linked Sites”). Merrick Bank is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Merrick Bank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Merrick Bank of the site or any association with its operators. Your visit to a Linked Site is at your own risk.

No Unlawful or Prohibited Use

As a condition of use of the Merrick Bank website and mobile app, you warrant to Merrick Bank that you will not use the Merrick Bank website or mobile app for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Merrick Bank website or mobile app in any manner that could damage, disable, overburden, or impair the Merrick Bank website or interfere with any other party’s use or enjoyment of the Merrick Bank website. You may not obtain or attempt to obtain any materials or information from Merrick Bank through any means not intentionally made available or provided for through the Merrick Bank website or mobile app.

Transmitted Information

Except as may be required by applicable law, any information that you transmit to us using the Merrick Bank website, mobile app or electronic mail will be subject to our written Privacy Pledge. We may use the transmitted information for any purpose, consistent with the provisions of the Privacy Pledge. You should also note that electronic mail may not be secure. Do not send account information and other personal information by electronic mail.

Payment Services

Provided that you agree to the terms presented at the time you schedule a payment, or series of payments, we will provide the ability to make payments on your Merrick Bank account from an eligible checking or savings account at another financial institution through the website and mobile app. If you believe your password for the website or the mobile app has been lost or stolen or that someone has used or may use the website or mobile app to transfer money from your deposit account at another financial institution without your permission, promptly notify us at the phone number appearing on the back of your Merrick Bank credit card. We may discontinue or suspend any payment service at any time without notice to you.

Text Messaging

The Merrick Bank mobile app offers you the option to receive text messages and alerts. Message frequency depends on the settings you choose. Message and data rates may apply. At any time you can text HELP to 83619 for help, or text STOP to 83619 to cancel. To cancel specific alerts please use your mobile app alert settings. Carriers are not liable for delayed or undelivered messages. Please call us at 1-800-253-2322 if you have any questions or issues.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MERRICK BANK WEBSITE AND MOBILE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MERRICK BANK AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE MERRICK BANK WEBSITE AND MOBILE APP AT ANY TIME.

MERRICK BANK AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE MERRICK BANK WEBSITE AND MOBILE APP FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MERRICK BANK AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MERRICK BANK AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MERRICK BANK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MERRICK BANK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MERRICK BANK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MERRICK BANK WEBSITE OR MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MERRICK BANK OR ANY OF ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE CONTENT AVAILABLE THROUGH THE WEBSITE AND MOBILE APP IS THE PROPERTY OF MERRICK BANK AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. CONTENT RECEIVED THROUGH THIS WEBSITE MAY BE DISPLAYED, REFORMATTED, AND PRINTED FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. YOU AGREE NOT TO LINK TO, REPRODUCE, RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST OR CIRCULATE THE CONTENT RECEIVED THROUGH THE WEBSITE OR MOBILE APP TO ANYONE, INCLUDING BUT NOT LIMITED TO OTHERS IN THE SAME COMPANY OR ORGANIZATION, WITHOUT THE EXPRESS WRITTEN CONSENT OF MERRICK BANK.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MERRICK BANK WEBSITE, MOBILE APP OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MERRICK BANK WEBSITE.

Termination of Access

Merrick Bank reserves the right, in its sole discretion, to terminate your access to the Merrick Bank website, mobile app and the related services or any portion thereof at any time, without notice.

General

This agreement is governed by the laws of the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah in all disputes arising out of or relating to the use of the Merrick Bank website or mobile app. Use of the Merrick Bank website or mobile app is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Merrick Bank as a result of this agreement or use of the Merrick Bank website or mobile app. Merrick Bank’s performance of this agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of Merrick Bank’s right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Merrick Bank website, mobile app or information provided to or gathered by Merrick Bank with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Merrick Bank with respect to the Merrick Bank website or mobile app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Merrick Bank with respect to the Merrick Bank website and mobile app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Trademarks

The trademarks, logos and service marks displayed on the Merrick Bank website and mobile app are either trademarks or registered trademarks of Merrick Bank and others. Nothing contained on the Merrick Bank website or mobile app should be construed as granting, by implication, estoppel, or otherwise, any license or right to use a trademark or registered trademark displayed on the Merrick Bank website or mobile app without the written permission of Merrick Bank or such third party that may own the trademark or registered trademark displayed on the Merrick Bank website or mobile app. Your misuse of the trademarks or registered trademarks displayed on the Merrick Bank website and mobile app is strictly prohibited.

Any rights not expressly granted herein are reserved.