My Community. My Bank.

Serving Las Cruces and surrounding communities since 1970.

Citizens Bank opened its doors in the historic Amador Hotel and adopted the “El Cortijo” as its symbol representing a marketplace. This symbol depicts the sun radiating to neighboring communities surrounding the central area of trade. The Bank’s founders chose the symbol because they viewed the responsibility of the bank as being the heart of the community, providing needed financial service to communities it served. Today, the Bank remains a strong locally-owned company, and has been recognized as one of the top 25 banks in the nation for its size. Over the years, Citizens Bank has expanded its locations to 9 full service branches, 6 in Las Cruces, 1 in Truth or Consequences, 1 in Albuquerque, and 1 in El Paso, TX. In addition, Citizens Bank selectively continues to serve customers in several additional markets. With a strong local Board of Directors and a team of over 130 employees, the Bank has been able to remain successful by focusing on their professionalism, high customer service standards, and the goal of preserving mutually beneficial customer relationships.

","cutOffTimeMessage":"Transfers completed after {{cutOff-time}} will be processed the next business day.","displayStrings":{"accountIdentifierLabelText":"Account number","accountOpeningLinksLabelText":"Add an account","addressChangeRequestText":"Your request to update your mailing address has been successfully submitted for approval.\n\nHang tight while we review your request and get that updated on our end.","availableBalanceDisclosureText":"Contact us for more information on how your available balance is determined.","bannoOfflineModeText":"Notice: Our system may be down for maintenance 08/16/25 Your balance may not reflect recent transactions. Thank you for your patience as we work to enhance your experience","cardReorderText":"Fees may apply.","externalTransferCutOffTimeText":"Transfers made after the cut-off time will be processed the next business day","lostStolenCardText":"This will deactivate your card. Any one-time or recurring transactions will be blocked.","rdcCheckBackText":"Please endorse all on one line: \"FOR MOBILE DEPOSIT ONLY\" and avoid using a stamp for endorsements.","rdcCheckFrontText":"Place check on a flat, well-lit, surface and tap the capture button to take the photo.","rdcSignup":"Conveniently add funds by taking photos of your check. It's easy, fast and secure. Enroll today by selecting the accounts you wish to deposit to.","transferCutOffTimeText":"Transfers made after 5PM will be made the next business day."},"eula":{"date":"2025-02-05T17:24:11.000Z","id":"375deb37-c9b9-4cb2-82c8-e688714a7735","text":"ONLINE SERVICES AGREEMENTS\n \nTHE TERMS AND AGREEMENTS GOVERN THE USE OF THIS WEBSITE, AND THE SERVICES PROVIDED THEREIN, TO INCLUDE MOBILE APPLICATIONS. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE OR USING RELATED MOBILE APPS. IF YOU DO NOT AGREE WITH THESE TERMS OR AGREEMENTS, DO NOT ACCESS THE WEBSITE OR USE THE MOBILE APPS. BY ACCESSING THE WEBSITE, ANY OF ITS PAGES OR THE MOBILE APPS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREEMENTS.\n\nThis website has been established by the Bank for the sole purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control.\n\nFrom time to time the Bank may place links to other websites on this page. The Bank has no control over any other website and is not responsible for the content on any site other than this one. Users assume all responsibility when they go to other sites via the links on this page.\n\nThe information and materials contained in this website are owned by the Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.\n\nThe Bank makes no warranties of any kind regarding the products and services advertised on this site. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to, the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.\n\nThis agreement may be changed from time to time by posting the new Terms of Use on the website. All users agree to be subject to this agreement as it changes from time to time.\n\nThis agreement and the use of this website are governed by the laws of the State of New Mexico.\n\nONLINE ACCESS AGREEMENT AND ELECTRONIC FUND TRANSFER ACT DISCLOSURE\n\nAgreement - This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at Citizens Bank of Las Cruces (\"BANK\") through Citizens Online Banking (\"SYSTEM\"). By using SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully.\n\nThe terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.\n\nThis Agreement is also subject to applicable federal laws and the laws of the State of New Mexico (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK’s successors and assignees. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.\n\nDefinitions - As used in this Agreement, the words \"we,\" \"our,\" \"ours\", \"us,\" and \"BANK\" mean Citizens Bank of Las Cruces. \"Customer, \"\"you\" and \"your\" refer to the accountholder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through SYSTEM. \"Account\" or \"accounts\" means your accounts at BANK. \"Electronic funds transfers\" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using SYSTEM. \"SYSTEM Services\" means the services provided pursuant to this Agreement. \"Business days\" means Monday through Friday. Holidays are not included.\n\nAccess - To use SYSTEM, you must have at least one checking account at BANK, access to Internet service, and an e-mail address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. SYSTEM can be used to access only the BANK accounts which you have designated for access by SYSTEM in your Enrollment Form. You can add or delete any of your BANK accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through SYSTEM will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the accountholder.\n\nSYSTEM Services - You can use SYSTEM to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts and make stop payment requests. Balance and activity information are available as of 6:00 p.m. (Mountain Time) of the previous business day.\n\nHours of Access - You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM web site.\n\nYour Password - For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact us to have your password reset or to obtain a new temporary password.\n\nWe recommend that you 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, names of children, and should be memorized rather than written down.\n\nPIN/Password Security - You are responsible for the security and confidentiality of any PIN or Password used to access any Citizens Bank of Las Cruces electronic transfer, including but not limited to, the ATM PIN, POS PIN, Debit Card PIN, Audio Response PIN, and Online Banking Password. You agree not to disclose or otherwise make available any PIN or Password to anyone not authorized to sign on your account(s). If you do disclose your Pin or Password to another, you have granted them authorization to use that device to make transfers. Until you notify us, that authorization will remain in effect. Telephoning us at (575) 647-4100 is the quickest way to revoke this authorization. We may request that you put this revocation in writing within 10 business days after first contacting us. If you fail to revoke this authorization, you may be liable for all transfers made by the authorized person, even if you were unaware of the transfers at the time they were made. We encourage you to change your PIN(s) and Password(s) from time to time for your own protection. You agree to follow prudent Internet security guidelines to prevent unauthorized persons from installing programs on your computer that would compromise your Online Banking Login and Password.\n\nSecurity - You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your paper statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others.\n\nFees and Charges - You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the BANK checking account designated as the \"Primary Checking Account\" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone, mobile, and Internet service fees you incur in connection with your use of SYSTEM.\n\nPosting of Transfers - Transfers initiated through SYSTEM before 6:00 p.m. (Mountain Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. (Mountain Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of SYSTEM will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.\n\nOverdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:\n\nElectronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;\nElectronic fund transfers initiated through SYSTEM which would result in an overdraft of your account may, at our discretion, be cancelled;\nIn the event the electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.\n \nLimits on Amounts and Frequency of SYSTEM Transactions - The number of transfers from BANK accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.\n\nStop-Payment Requests – You may initiate stop payment requests online via SYSTEM only for paper checks you have written on your BANK accounts. Online Stop Payment Requests are processed when actually received by the Bank in proper form. The stop payment must precisely identify the name of the payee, the check number, the amount and date of the check.\n\nIf you make your stop-payment request online or by telephone, we may also require you to put your request in the form of paper writing and get it to us within 14 days after you initiate online or call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.\n\nDisclosure of Account Information and Transfers - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to SYSTEM. You agree to, and hereby authorize, all of these transfers of information.\n\nPeriodic Statements - You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic statements for your BANK accounts.\n\nChange in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.\n\nIn Case of Errors or Questions about Your Electronic Transfers - Call us or write to us 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 you the FIRST statement on which the problem or error appeared.\n1. Tell us your name and account number.\n2. 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.\n3. Tell us the dollar amount and date of the suspected error.\nIf you tell us orally, we may require that you send us your inquiry 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 three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.\n\nOur Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:\nIf, through no fault of ours, you do not have enough money in your account to make a transfer.\nIf a legal order directs us to prohibit withdrawals from the account.\nIf your account is closed, or if it has been frozen.\nIf the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.\nIf you, or anyone authorized by you, commits any fraud or violates any law or regulation.\nIf any electronic terminal, telecommunications device, or any part of the SYSTEM electronic fund transfer system is not working properly when you attempted to initiate the transfer and you reasonably suspected that there was a problem or that your transfer might not have been initiated, but you failed to notify us.\nIf you have not properly followed the on-screen instructions for using SYSTEM or you fail to receive a transaction confirmation screen.\nIf circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.\n \nYour Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.\nIf you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.\nAlso, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 hospital stay) kept you from contacting us, we will extend the time periods.\n\nDisclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.\nYour Right to Terminate - You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.\n\nOur Right to Terminate – You agree that from time to time we may limit access to SYSTEM services to perform routine hardware or software maintenance and for similar purposes.\nWithout prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.\nUpon 3 business days' notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.\nUpon reasonable notice, for any other reason at our sole discretion.\n \nCommunications between BANK and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:\nE-mail - You can contact us by e-mail at info@citizenslc.com (Please note that banking transactions through SYSTEM are not made via e-mail.)\nTelephone - You can contact us by telephone at (575) 647-4100\nFacsimile - You can contact us by fax at (575) 523-8625\nPostal Mail - You can write to us at: Citizens Bank of Las Cruces, 505 S. Main Street, PO Box 2108 Las Cruces, NM 88004\nIn Person - You may visit us in person at any one of our locations:\nCitizens Bank of Las Cruces\n505 S. Main Street\nLas Cruces, NM 88001\n\nConsent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.\n\nBILL PAY USER AGREEMENT\n\nThis Agreement contains the terms and conditions for the use of Citizens Online Bill Payment Service that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated by reference and made a part of this Agreement. Note: All references to “Bill Payment” and/or “the Service” refer to the Bill Payment Service offered by Citizens Bank of Las Cruces.\n\nCITIZENS ONLINE BILL PAYMENT SERVICE\n\nBy providing the Service with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Service to follow the payment instructions that it receives from you through the software program. When the Service receives a payment instruction, you authorize the Service to charge your transaction account on the selected Payment Date and remit funds to the designated payee on your behalf.\n\nWhile it is anticipated that most transactions will be processed and completed on the day of your selected Scheduled Payment Date and arrive approximately five (5) business days after your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service, particularly concerning delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to post to your account with the designated payee. For this reason, it is recommended that all Scheduled Payment Dates selected by you for paper check payments be five (5) business days before the actual due date, not the late date and/or grace period, and that all Scheduled Payment Dates for electronic payments be three (3) business days before the actual due date, not the late date and/or grace period.\n\nThe Service will use its best efforts to make all your payments properly. However, paper check payments are delivered through the United States Postal Service (USPS) and may be subject to the periodic delays experienced in all mail processing. The Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:\n\nYour account does not contain sufficient funds to complete the payment or transfer, or the transfer would exceed the credit limit of your overdraft protection account;\nThe Processing Center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;\nYour paper check payment arrives late because of slow mail delivery by the USPS;\nThe payee mishandles or delays a payment sent by the Service;\nYou have not provided the Service with the correct names or account information for those persons or entities to whom you wish to direct payment;\nCircumstances beyond the Service’s control (such as, but not limited to, fire, flood, interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.\n\nProvided none of the foregoing six (6) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction account to be directed to a person or entity that does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your transaction account and for directing to the proper recipient any previously misdirected payments or transfers.\n\nTHE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.\n\nNote: Payment of taxes or court-directed payments through the Service is prohibited.\n\nEXCLUSIONS OF WARRANTIES\nTHE SERVICE AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.\n\nPASSWORD AND SECURITY\nYou agree not to give service account access to any unauthorized individuals. If you believe that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling a (575) 647-4100 during normal banking hours.\n\nYOUR LIABILITY FOR UNAUTHORIZED TRANSFERS\nIf your monthly statement contains transfers that you did not make, notify us at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.\n\nERRORS AND QUESTIONS\nIn case of errors and/or questions about your electronic transfers, you should telephone us at (575) 647-4100 during normal banking hours. Write us as soon as you can at:\nCitizens Bank of Las Cruces\n505 S. Main, P.O. Box 2108\nLas Cruces, New Mexico 88004-2108\nAttn: Support Services Dept.\n\nIf you think your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.\nYou must:\nTell us the dollar amount of the suspected error\nDescribe 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\nIf you tell us orally, we may require that you send your complaint or inquiry in writing within ten (10) business days. We will tell you the results of our investigation within ten (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 the complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 ten (10) business days, we may not re-credit your account. If we decide that there was not an error, we will mail you a written explanation within three (3) business days after we complete the investigation.\n\nDISCLOSURE OF INFORMATION TO THIRD PARTIES\nWe disclose information to third parties about your account or the transfers you make only in the following situations:\nWhere it is necessary for completing transfers; or\nIn order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; or\nIn order to comply with a governmental agency or court orders; or\nIf you give us your written permission.\n\nMERCHANT OR PAYEE LIMITATION\nThe Service reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax payments, court related payments, or payments to illegal entities, which are prohibited under this Agreement.\n\nINFORMATION AUTHORIZATION\nYou agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment posting problems.\n\nDISPUTES\nIn the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to the Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement, the terms of this Agreement shall control.\n\nASSIGNMENT\nYou may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.\n\nNO WAIVER\nThe Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bat or waiver of any rights or remedies on future occasions.\n\nCAPTIONS\nThe captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.\n\nGOVERNING LAW\nThis Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.\n\nPERSON-TO-PERSON PAYMENT (P2P) - TERMS AND CONDITIONS\n\nThis Agreement contains the terms and conditions for the use of Citizens Person-to-Person Payment Service that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”). \"Payees\" means anyone you designate to receive payments. Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated by reference and made a part of this Agreement.\n\nYou may use Citizens Bank’s Person-to-Person Payment service, to direct us to make payments from your designated checking account to the “Payees” you choose in accordance with this agreement. The terms and conditions of this agreement are in addition to the account agreements, disclosures and other documents in effect governing your account.\n\nCitizens Bank reserves the right to refuse the designation of any “Payees” for any reason. You may pay any “Payees” within the United States (including U.S. territories and APO’s / AEO’s). Citizens Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.\n\nPricing and fees charged are subject to change and noted in the bank’s Schedule of Fees.\n\nOur Standard Configuration:\nDefault limit $1,000 per person\nDefault account limit is $2,000 per day\n Limits may be adjusted per customer request, subject to Bank approval. \n\nTHE PERSON-TO-PERSON PAYMENT PROCESS: Payments will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time is currently 1:00 PM Mountain Time. Citizens Bank reserves the right to modify the cut-off time pursuant to the procedure found in amendment hereinafter.\n\nPayments submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s processing date, the payment will be processed on the first business day following the designated processing date.\n\nCANCELLING A PAYMENT: A payment can be changed or cancelled any time prior to the cutoff time on the scheduled processing date.\n\nAVAILABLE FUNDS: Collected funds must be available in your checking account at the time your payment is scheduled. Citizens Bank reserves the right to cancel and reverse your payment on the basis of collected funds availability.\n\nLIABILITY: You are solely responsible for controlling the safekeeping of and access to your Personal Identification Number (PIN). If you want to terminate another person's authority to use the service, you must notify Citizens Bank and arrange to change your PIN. You will be responsible for any payment request you make that contains an error or is a duplicate of another payment. Citizens Bank is not responsible for a payment that is not made if you did not properly follow the instructions for making a payment. Citizens Bank is not liable for any failure to make a payment if you fail to promptly notify the bank after you learn that you have not received credit from a “Payee” for a payment. Citizens Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the bank’s agent.\n\nAMENDMENT: Citizens Bank has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on our records, by posting notice in branches of the bank, or as otherwise permitted by law.\n\nTERMINATION: Citizens Bank has the right to terminate this agreement at any time. You may terminate this agreement by written notice to us. Citizens Bank is not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by Citizens Bank on your behalf.\n \nELECTRONIC STATEMENT AND NOTICE DISCLOSURES\nThis Agreement contains the terms and conditions for the use of Citizens Electronic Statements and Notice Disclosures that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated by reference and made a part of this Agreement. \n\nYou have the option to receive your periodic account statements and any official Citizens Bank of Las Cruces notices relating to your account in either electronic or paper form. You can also choose to receive one of these items (statements or notices) in electronic form while receiving the other in paper form. Neither your refusal to accept electronic statements or notices from us, nor your withdrawal of a prior consent to accept electronic statements or notices, will affect your ability to obtain banking services from us.\n\nIf You Agree to Electronic Statements or Notices. By agreeing to receive either statements or notices in electronic form, you agree as follows:\nYou agree that you will not receive paper copies of the items that you have agreed to receive electronically (statements and/or notices, as you agreed) unless you make a specific request for a paper copy or unless you withdraw your consent to receive electronic statements and/or notices; and\nYou agree that your computer system meets the hardware and software requirements stated below.\n\nComputer Requirements for Electronic Statements or Notices. In order for you to access and retain records in connection with electronic statements or electronic notices, your system must meet the following requirements:\nAn Internet-enabled computer capable of viewing HTML web pages that utilize JavaScript. We support the current and prior major releases of Internet Explorer, Firefox, Safari and Chrome. When a new version is announced, support will cease on the third-oldest major version. All browsers are required to have 128-bit encryption level.\nIf you want to keep printed versions of your statements or notices, they will be available in text (.txt) format or .pdf file format that you can view and print using Adobe ® Acrobat ® Reader. To save or print the Adobe Acrobat .pdf files you need a computer that meets Adobe's system requirements and is capable of printing and/or saving .pdf files. If you need the latest version of Adobe Acrobat Reader, it's a free download from Adobe.\nIf your Online Banking is inactive for more than two years, your Online Banking is subject to deletion and your E-Statements will be discontinued. Your statements and notices will revert back to paper format and you may be subject to Paper Statement fees.\n\nRequesting Paper Copies. At your request, we will provide you with a paper copy of your statement or any notice; however, you will be charged a minimal fee per statement (there is no charge for paper copies of notices)\n\nIf You Do Not Want Electronic Statements or Notices. You may choose not to receive statements and/or notices electronically, in which case, all official statements or notices to be delivered to you will be sent to you in paper form via the United States Postal Service at your address as reflected on our records.\n\nWithdrawing Your Consent. If you consent to receive your statements or notices electronically, but wish to withdraw your consent, you may communicate this to us either by written letter to PO Box 2108, Las Cruces, NM 88004-2108 or via secure e-mail through our Online Banking. You may withdraw your consent and change how you receive statements and notices at any time. \n\nMOBILE BANKING AGREEMENT AND DISCLOSURES\nThis Agreement contains the terms and conditions for the use of Citizens Mobile Banking that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated by reference and made a part of this Agreement. \n\nI. Introduction: Citizens Bank of Las Cruces endeavors to provide you with the highest quality Mobile Banking (the \"Service\") available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the \"Agreement\"). We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law. \n\nII. Definitions: As used in this Agreement and Mobile Banking services, the following words have the meanings given below: \"Account(s)\" means your eligible Citizens Bank of Las Cruces Checking, Savings, Loans, CDs, Safe Deposit Box information and other Citizens Bank of Las Cruces products that can be accessed through Mobile Banking. \"Device\" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. \"Mobile Banking\" means the banking services accessible from the Device you have registered with us for Mobile Banking. \"You\" and \"Your(s),\" mean each person with authorized access to your Account(s) who applies for and uses the Mobile Banking service. \"We,\" \"Us,\" and \"Bank\" means Citizens Bank of Las Cruces. \n\nIII. Mobile Banking Service: \n\nA. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Citizens Bank of Las Cruces account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Citizens Bank of Las Cruces cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or \"out of range\" issues. \n\nB. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device. \n\nC. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.\n\nD. Venue. The parties agree that, for purposes of any conflict arising under this agreement, jurisdiction and venue as to the parties for any action arising from this agreement shall be proper in Las Cruces, Dona Ana County, NM, USA. \n\nIV. Permitted Mobile Banking Transfers: You may use the Service to transfer funds between your eligible Citizens Bank of Las Cruces Accounts (\"Internal Transfer\"). You may not transfer to or from an Account at another financial institution using Mobile Banking. If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 6:00 p.m. MST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject to fees or account conversion if you exceed the transaction limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds. \n\nV. Your Responsibilities: You represent and agree to the following by enrolling for Mobile Banking or by using the Service: A. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking. B. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk. C. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking 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 or false advertising); (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 Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others. D. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking. E. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Citizens Bank of Las Cruces, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.\n\nMOBILE DEPOSIT SERVICE AGREEMENT\nThis Agreement contains the terms and conditions for the use of Citizens Mobile Deposit that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated by reference and made a part of this Agreement.\n\n1. Services. Citizens Mobile Deposit (“Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks using your smart phone and our iPhone™ or Android™ application software to deliver the images and associated deposit information to Citizens Bank or Citizens Bank’s designated processor. There are no recurring or transaction charges for using this service.\n\nOur Standard Configuration:\n3 checks per day, not to exceed $1,000 per day.\n10 checks per month, up to $2,000 per month.\nLimits may be adjusted per customer request, subject to Bank approval.\n\nMobile Deposits that are ‘Approved’ by 4:00 PM Mountain time will be credited the same banking business day. Mobile Deposits that are ‘Approved’ after 4:00 PM Mountain time will be credited the next banking business day. Please be aware that Mobile Deposits are not processed on weekends and Federal Holidays.\n\nPricing and item limits are subject to change as noted in the bank’s Schedule of Fees.\n\nWireless connectivity and usage rates may apply. Contact your wireless service provider for more details.\n\n2. 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. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Citizens Bank 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.\n\n3. 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.\n \n4. Eligible items. You agree to scan and 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 Citizens Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in New Mexico. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:\na. Checks or items payable to any person or entity other than you.\nb. 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.\nc. 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.\nd. Checks or items previously converted to a substitute check, as defined in Reg CC.\ne. Checks or items drawn on a financial institution located outside the United States.\nf. Checks or items that are remotely created checks, as defined in Reg CC.\ng. Checks or items not payable in United States currency.\nh. Checks or items dated more than 6 months prior to the date of deposit.\ni. Checks or items prohibited by Citizens Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Citizens Bank account.\n \n5. Image Quality. The image of an item transmitted to Citizens Bank 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.\n\n6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For Mobile Deposit Only\" or as otherwise instructed by Citizens Bank. You agree to follow any and all other procedures and instructions for use of the Services as Citizens Bank may establish from time to time.\n\n7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion. In the event we reject any item pursuant to this paragraph there will be no fee charged to you pursuant to the provisions of paragraph 1 above for that item which is rejected. 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 Citizens Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.\n\n8. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Citizens Bank receives payment for the funds submitted. Citizens Bank 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 Citizens Bank, in its sole discretion, deems relevant.\n\n9. Disposal of Transmitted Items. Upon your receipt of a confirmation from Citizens Bank 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 after two business days to ensure that it is not re-presented for payment. And, you agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Citizens Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Citizens Bank’s audit purposes.\n\n10. 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.\n\n11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Citizens Bank from time to time. Citizens Bank 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.\n\n12. Errors. You agree to notify Citizens Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Citizens Bank account statement is sent. Unless you notify Citizens Bank 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 Citizens Bank for such alleged error.\n\n13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Citizens Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.\n\n14. Ownership & License. You agree that Citizens Bank 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 Citizens Bank’s business interest, or (iii) to Citizens Bank’s actual or potential economic disadvantage in any aspect. 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.\n\n15. 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, 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.\n\n16. 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 THESE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CITIZENS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.\n \n17. User warranties and indemnification. You warrant to Citizens Bank that:\na. You will only transmit eligible items.\nb. Images will meet the image quality standards.\nc. You will not transmit duplicate items.\nd. You will not deposit or re-present the original item.\ne. All information you provide to Citizens Bank is accurate and true.\nf. You will comply with this Agreement and all applicable rules, laws and regulations.\nYou agree to indemnify and hold harmless Citizens Bank from any loss for breach of this warranty provision.\n\n18. Other terms. You may not assign this Agreement. This Agreement is entered into in New Mexico, and shall be governed by the laws of the State of New Mexico 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.\n\nBANK-TO-BANK (B2B) TRANSFER AGREEMENT\nThis Agreement contains the terms and conditions for the use of our Bank-to-Bank Transfer Service that Citizens Bank of Las Cruces (“Citizens Bank”, “us,” or “we”) may provide to you (“you,” or “User”) for the purpose of transferring funds between your designated Citizens Bank account(s) and your designated account(s) at other financial institutions on which you are an authorized signer. Use of the Bank Transfer service explicitly implies that you are a designated signer on the account(s) at the other financial institutions. Other agreements you have entered into with Citizens Bank, including the Depository Agreement and Disclosures governing your Citizens Bank account, are incorporated and made a part of this Agreement. You may use Citizens Bank’s Bank Transfer service, to direct us to transfer funds from your designated Citizens Bank checking and savings account(s) to your designated account(s) at other U.S. financial institutions you choose in accordance with this agreement. The terms and conditions of this agreement are in addition to the account agreements, disclosures and other documents in effect governing your account. Bank Transfers must be based on collected funds and your Citizens Bank designated account(s) must be in good standing. Overdrafts and returned transfers may cause this service to be terminated. Citizens Bank reserves the right to refuse the designation of any accounts for any reason. You may transfer funds to any financial institution within the United States (including U.S. territories and APO’s / AEO’s). Citizens Bank is not responsible for transfers that cannot be made due to incomplete, incorrect, or outdated information. \n\nSERVICE FEES: Miscellaneous charges may apply: ACH return fee, per item: $6.00. Pricing and fees charged are subject to change and noted in the bank's schedule of fees. \n\nINITIAL SETTINGS: Our Bank Transfer service will allow the following, by default: • Maximum external accounts: 4 • Daily Inbound Transfers: 1 per day • Daily inbound dollar limit: $100 per day, all transactions. • Daily outbound Transfers: 1 per day • Daily outbound dollar limit: $100 per day, all transactions. To request limit changes, please contact one of our Officers or Sales Associates. \n\nTHE BANK TRANSFER PROCESS: Transfer requests will be processed on bank business days (generally Monday through Friday, except certain Federal holidays) that you designate as the transfer’s processing date, provided the transfer request is submitted prior to the daily cut-off time on that date. The daily cutoff time is currently 2:30 PM Mountain Time. Citizens Bank reserves the right to modify the cutoff time from time to time. Transfer requests submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain Federal holidays) as the transfer’s processing date, the transfer will be processed on the first business day following the designated processing date. \n\nCANCELLING A TRANSFER: A transfer can be changed or cancelled any time prior to the cut-off time on the scheduled processing date. \n\nAVAILABLE FUNDS: Collected funds must be available in your checking or savings account at the time your transfer is scheduled. Citizens Bank reserves the right to cancel and reverse your transfer on the basis of collected funds availability. \n\nLIABILITY: You are solely responsible for controlling the safekeeping of and access to your Personal Identification Number (PIN). You will be responsible for any transfer request you make that contains an error or is a duplicate of another transfer. Citizens Bank is not responsible for a transfer that is not made if you did not properly follow the instructions for making the transfer. Citizens Bank is not liable for any failure to make a transfer if you fail to promptly notify the bank after you learn that you have not received credit at the designated financial institution. Citizens Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the bank’s agent. \n\nAMENDMENT: Citizens Bank has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on our records, by posting notice in branches of the bank, or as otherwise permitted by law. \n\nTERMINATION: Citizens Bank has the right to terminate this agreement at any time. You may terminate this agreement by written notice to us. Citizens Bank is not responsible for transfers made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any transfers made by Citizens Bank on your behalf.\n\n\nDIGITAL BANKING TERMS OF USE\n\nJack Henry & Associates, Inc. (\"JH\", \"our\", \"we\" or \"us\") is the primary service provider for this online banking platform and mobile device application (the \"App\") (collectively the \"Service\"). JH is not the provider of any financial services available to you through the Service, and JH is not responsible for any of the materials, information, or services made available to you through the Service.\n\nBy enrolling in or using the Service to access your account at your financial institution (the \"Account\"), you consent to these terms of use (the \"Terms\"), which are subject to periodic updates. The Terms are between JH and you, the end user. You agree that JH may notify you of any changes to the Terms through a communication or message through the Service, which will amend and replace the Terms upon your electronic acceptance.\n\nIf you are using the Service on behalf of a company or other organization, such company or organization will also be considered a party to the Terms, and you represent and warrant that you have the authority to bind such company or organization to the Terms.\n\nTHE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.\n\n1. Account Information.\na. Source of Information. At your request, the Service will retrieve information from your financial institution, including transaction-related information (\"Account Information\"). By submitting such information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service.\nb. Accuracy. You are responsible for providing JH with accurate and updated (as necessary) account numbers, usernames, passwords, PINs, and other log-in related information (\"Registration Information\") so that the Service may access your Account Information. JH will not be liable for any typographical, keystroke, or other error made by you, including any error caused by \"pre-filling\" or automated entry done on your behalf on a device.\nc. Confidentiality. If you use the Service, you are responsible for (i) maintaining the confidentiality of your Account and Registration Information; and (ii) restricting access to your Account on your device. You agree to accept responsibility for all activities that occur under your Account or password.\n\n2. Application of Privacy Laws.\na. Scope of the Service. JH acts as a processor or service provider, as such terms are defined under applicable privacy laws, to your financial institution which is the controller of your personal information and is primarily responsible for handling requests related to your personal information. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your personal information by the third party. If you are a business subscriber of the Service, business-to-business exceptions in certain privacy laws may apply to your information.\nb. Your Rights. Under applicable privacy laws, you may have certain rights such as the right to access your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution's services, including such information that may be gathered through the Service, such as Account Information and Registration Information. Please see your financial institution's privacy policy if you wish to make any requests under these rights.\nc. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such use is governed by its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service.\n\n3. Rights you Grant to JH.\na. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including passwords, Account Information, and Registration Information; and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals, to provide the Service, facilitate the provision of software updates, product support, product enhancements, and other services (if any) related to the Service. JH may use this information, if it is anonymized, to enhance its offerings, improve its products, or develop new or additional services or technologies.\nb. Chat Feature. When using the Service, you may choose to use a chat feature to communicate with a support representative at your financial institution. These chat sessions are recorded, and the recordings may be used as described herein. BY ACCESSING OR USING THE CHAT FEATURE IN THE SERVICE, YOU AFFIRMATIVELY CONSENT TO THE RECORDING OF THE CHAT SESSION TRANSCRIPT BY JH AND TO THE USE OF JH'S INTERNAL COOKIES FOR ANALYTIC PURPOSES. CHAT SESSION TRANSCRIPTS MAY BE SHARED WITH JH'S SERVICE PROVIDERS BUT USED SOLELY FOR THE PURPOSES OF PROVIDING OUR SERVICES. If enabled by your financial institution, the chat feature may be supported by artificial intelligence technology.\nc. Third-party Sites. When you use the \"Add Accounts\" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account will be directly connected to your designated third-party site. JH will submit information, including usernames and passwords that you provide to log you into the third-party site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service.\nd. Unauthorized access or use. You will immediately notify your financial institution of any breach of security or unauthorized use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion.\n\n4. Location-based Data, Telephone Information and Camera. You understand that when you enable and use any location-based feature, your geographic location and other device information is accessible by the Service. If you disable location-based services, features on the Service that use your location may not work until you re-enable location-based services. If you grant permission for the Service to access a camera, photos, media or other files on your device, you are agreeing to allow JH to use your information to fulfill your requested action, such as adding an image to a transaction, capturing images of a check that is being deposited, attaching a document to a chat in the chat feature, or adding a photograph to your profile.\n\n5. Subscription.\na. JH's Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The Terms will govern any updates to the Service.\nb. Your Rights. Subject to the Terms, JH grants you a subscription to use the Service in accordance with the Terms and for the sole purpose of enabling you to use your financial institution's services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the Terms are reserved by JH. Nothing in the Terms will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH.\n\n6. Subscription Restrictions.\na. You will not: (i) modify, revise or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without our permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, \"robot,\" \"bot,\" \"spider,\" \"scraper,\" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH's prior written permission; or (x) use the Service for benchmarking purposes, use another Service user's account, or use the Service to develop any competing product or service.\nb. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws and for your own personal use only, or, if you are a subscriber of the Service as a business or organization, only for your use on behalf of your business or organization for its internal business purposes.\nc. Minimum Age Requirements. If you are under the age of 13, as restricted by the Children's Online Privacy Protection Rule, or another such age as restricted by applicable law, you are not permitted to use the Service. If you authorize JH to grant your child 13 or over, or above such other age, to use or access the Service, you acknowledge and agree that the Terms, and any terms governing third-party integrations, will apply to your child. You further agree and accept full responsibility for your child's use of the Service, including any liability that he or she may incur in connection with their use of the Service.\n\n7. Service-related Alerts. As a part of the Service, you consent to receive all legally required notifications via electronic means. You may withdraw your consent to receive future notices in electronic form. You have the option of adding a mobile telephone number to your Account. If you opt for Service-related alerts via SMS text alerts or telephone, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Service. By use of the Service, you acknowledge that Service-related communications, alerts, or notifications may be sent by JH and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or a third party in reliance on an alert. You agree that JH will have no liability related to electronic communications, alerts, or notifications that are sent or received through your use of the Service.\n\n8. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and access to the internet, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider and the mobile app store from which you download the App.\na. Mobile Operating System Providers.\ni. Apple. If you download the App from the Apple App Store, you acknowledge and agree that the agreement is solely between you and JH, not Apple, Inc. (\"Apple\") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to JH as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and JH acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary.\nii. Google Play Store. If you download the App from the Google Play Store: (i) you acknowledge that the Terms are between you and JH only, and not with Google, Inc. (\"Google\"); (ii) your use of App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App.\n\n9. Suspension; Termination; Effect of Termination.\na. JH may suspend your subscription to use the Service at any time for any reason, including as may be required by applicable law, any potential security threat, or fraud. Upon suspension, you will no longer have access to the Service.\nb. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the Terms, your permission to use the Service automatically terminates. Upon termination, you will (i) no longer have access to the Service; and (ii) destroy all copies of your Account Information, Registration Information, and any information obtained from the Service.\n\n10. Translation. JH is not responsible for translating the Terms or any information contained within the Service to any other language. Translations of the Service and the Terms that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. To the extent the Service is available in a language other than the English language, JH is not responsible for any third-party translating services whatsoever including, but not limited to, the accuracy of the translation, translations which are not stylistically satisfactory, translations which involve the use of an artificial intelligence service, or your understanding of the translated content or financial loss resulting therefrom. A sworn translator does not certify translations of the Terms.\n\n11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associate us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.\n\n12. Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.\n\n13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.\n\n14. Analytics. To assist JH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you.\n\n15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the Terms will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (\"AAA\") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (\"FAA\"), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator's decision will be controlled by the terms and conditions of the Terms; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.\n\n16. Miscellaneous. The Terms constitute the entire agreement between you and JH concerning the subject matter hereof. The Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of the Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The Terms and all related documentation are and will be in the English language. 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