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Online Banking Services Agreement

Small Business and Personal Online Banking

Please read our Small Business and Personal Online Banking Services Agreement before signing up.
By signing up, you are AGREEING and ACCEPTING all items listed below.

LIBERTY SMALL BUSINESS AND PERSONAL ONLINE BANKING SERVICES AGREEMENT

INTRODUCTION
Acceptance of Terms:
Upon accessing this site, you acknowledge that you will or have read and agree to abide by the terms and conditions ("Agreement") described below. If you decide not to agree to the terms and conditions discussed herein, you should exit this site.

Your use and browsing of this site is at your own risk. Neither Liberty Bank and Trust Company, its parent, subsidiaries, and/or affiliates (“Liberty Bank and Trust Company”), nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, punitive, or other damages of any kind arising out of your access to or use of this site, or the inability to use this site, whether caused by the equipment, software, Liberty Bank and Trust Company, or by Internet browser providers such as Netscape and Microsoft, or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall Liberty Bank and Trust Company or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the online access service, or Internet browser or access software.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE LIBERTY BANK AND TRUST COMPANY MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION ON THIS WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR ACCURACY. SOME INFORMATION PROVIDED TO YOU THROUGH THE USE OF THE SERVICES OR THIS WEB SITE MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR OMISSIONS, TYPOGRAPHICAL ERRORS, AND MAY BECOME OUTDATED.

This site may contain links to other websites on the Internet as an informational service to its readers, and not as an endorsement of the web site or of any product, service, or entity. All sites, which may be accessed through this site, are independent and are maintained by persons other than Liberty Bank and Trust Company, its employees and agents. Liberty Bank and Trust Company has no control over the contents of these linked sites. Liberty Bank and Trust Company has not reviewed all of the sites linked to this site and is not responsible for the contents of any other sites linked to this site. Your linking to any other sites is at your own risk.

Liberty Bank and Trust Company may change the information on this site, or the products mentioned, at any time without notice and without first updating the channels through which that information is provided to you (e.g., an automated phone system or web site). Nothing in those channels is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Information about products and services which you do not already have with Liberty Bank and Trust Company is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

Use of this Web site is expressly conditioned on your acceptance of the following terms and conditions ("Agreement"). This Agreement governs in conjunction with other agreements between us, including but not limited to your signature card, our Understanding Your Deposit Accounts Agreement, Fee Schedules, Electronic Fund Transfer Agreement and Disclosure, any loan agreement(s), and Bill Pay Authorization and Agreement. If the terms and conditions of this Agreement conflict with those contained in the other agreements between us, this Agreement controls.

If you do not agree with any part of the terms and conditions in this Agreement, you must not use this site. Use by you, or by any person authorized by you, of this site indicates your agreement to these terms and conditions and any instructional material that we provide you regarding the Services.

This Agreement shall apply regardless of the means by which the site is accessed, including, but not limited to, through the URL address http://www.libertybank.net, electronic mail, or links from another site.

You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.

DEFINITIONS
Throughout this Agreement, the words "we", "us" or "our" mean Liberty Bank and Trust Company ("Bank") its subsidiaries and affiliates, and their successors or assigns. "You" or "your" mean each person who has an interest in an account or other relationship which is accessible through the Liberty Bank and Trust Company Online Banking, or in an account or other relationship with Liberty Bank and Trust Company accessible through libertybank.net, including any person authorized to have such access. "Account" and "accounts" (including "loan account" and "loan accounts") mean the account(s) tied to your Access ID used through our Online Banking to conduct banking transactions or bill payments, or any account of any Liberty Bank subsidiary or affiliate accessible through a Access ID. “Business Day” is every Monday through Friday, excluding Federal Reserve holidays and any other day the Bank is not open for business. Liberty Bank and Trust Company Online Banking ("Services") means information, communication and transactions provided to you by us through any non-banking office remote channel, including the Bank web site, www.libertybank.net, including, but not limited to, the following: Account information, funds transfers and bill payments, stop payments, check inquiry and check reorder for account(s) established at a banking office of the Bank.

REQUIRED EQUIPMENT
DISCLAIMER OF LIABILITY
Use of the Services requires a computer and modem (in this Agreement, your computer and all related equipment are referred to as your "Computer") connected through an Internet Service Provider with a Web browser (Netscape Navigator 4.08 or higher, Microsoft Internet Explorer 4.0 or higher, or AOL 4.0 or higher).

To provide the highest degree of confidentiality and security, we require the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized persons to read information. Commercial off-the-shelf browsers typically support 40-bit encryption. Many browser suppliers (Netscape Navigator browser and Microsoft Explorer browser) offer special 128-bit encryption versions, available for download from their respective Web sites.

We require you protect your financial information by using the most secure encryption possible, and we specifically disclaim any and all responsibility for losses resulting from your use of 40-bit encryption. Use of the Services cannot be achieved with 40-bit encryption.

ACCOUNT ACCESS
ACCESS CODE CONFIDENTIALITY
E-MAIL COMMUNICATIONS
Use of the Services requires at least one eligible deposit or loan account with us. Use of our Bill Pay Service requires at least one eligible checking account with us. If you have more than one account relationship with us, we will "link" your account relationships together with your primary checking account, unless you request in writing that certain accounts not be linked. Accounts which are "linked" under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Services. An account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an eligible account.

You will need an Access ID and a PIN. Your Access ID is your primary account number. The PIN is a confidential personal identification number. Your initial PIN will be the PIN that you use for the Financial Freedom Telephone Banking System. Upon entering the site for the first time, you will be required to choose a new PIN. You will have access to any of your deposit or loan accounts with us associated with your Access ID.

All electronic communications that we receive from you on the Libertybank.net site that meet these identity requirements will be deemed valid, authentic and binding obligations. You intend and agree that these electronic communications will be given the same legal effect as your written and signed paper communications, will be considered a “writing” or “in writing” and will be deemed for all purposes (i) to have been “signed” and (ii) to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby and shall be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.

You agree to keep your Bank Access ID and PIN confidential to prevent unauthorized access to your account(s), and to prevent unauthorized use of the Services. We recommend that you memorize your Bank Access ID and PIN and do not write them down. You agree not to give or make available your Bank Access ID and PIN to any unauthorized individual.

If you believe the security of your Bank Access ID and PIN has been compromised in any way (for example, your PIN has been lost or stolen, someone has attempted to use the Services without your consent, your accounts have been accessed, or someone has transferred money without your permission), you must notify us immediately (See REPORTING UNAUTHORIZED TRANSACTIONS/YOUR RESPONSIBILITY AND LIABILITY).

We reserve the right, under certain circumstances, to deny access to any one or more deposit and/or loan account(s) or to the Services, or to deny the processing of transactions, in order to maintain or restore security to our Site and systems. We may do so if we reasonably believe your Bank Access ID or PIN have been or may be obtained or are being used or may be used by an unauthorized person(s).

If you close your primary checking account, your Bill Pay Services will end and any unprocessed bill payment transactions will be cancelled.

We also provide E-mail as a means of communication with us. You may ask questions about your account(s) or maintenance and/or problem resolution issues, or to give comments regarding your satisfaction with your banking service. E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET AND WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL. We recommend all communication be sent via secure messaging, available through the Service. YOU CANNOT USE E-MAIL TO INITIATE TRANSACTIONS ON YOUR ACCOUNT(S). For banking transactions, please use the appropriate functions available through the Services or call Customer Service at 240-5100 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area.


TRANSACTIONS AVAILABLE THROUGH USE OF THE SERVICES
You may use the Services seven days a week, 24 hours a day to (a) transfer funds between your accounts; (b) make bill payments; (c) obtain account balances; (d) obtain transaction information on your accounts; and/or (e) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below.

Your ability to transfer funds from certain accounts is limited by federal law. You should refer to our Understanding Your Deposit Accounts Agreement for these legal restrictions and the service charges and penalty for excessive withdrawals or transfers. Transfers made using the Service are included in calculating the permissible number of transfers from certain accounts described in the Understanding Your Deposit Accounts Agreement available at any Liberty Bank office or by calling Customer Service at 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area.

We reserve the right to impose a frequency or dollar limit on transfers, or to refuse to make any transfer, between your accounts. We are obligated to notify you promptly if we decide to refuse to complete your transfer instruction. Notification is not required if you attempt to make transfers that are prohibited under this Agreement, other Liberty Bank agreements affecting the terms of your account(s), or federal or state laws.

At least a one-business-day delay may occur in completing transfers between your accounts. Except as provided in this Agreement, all banking transaction instructions received before 2 p.m. Central Time on a business day will be posted to your account the same day. All banking transaction instructions received on or after 2 p.m. Central Time or on a Saturday, Sunday or banking holiday will be completed the next business day. Our business days are Monday through Friday, except for federal holidays and any other day on which the bank is not open. Contact Customer Service at 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area for a list of our banking holidays.

Information concerning transactions performed through the Services will be available up to 45 days from the date of the transaction.

FEES AND CHARGES
CHANGE IN TERMS NOTICE
Upon your enrollment as a user of the Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services. Please refer to a Liberty Bank and Trust Company Fee Schedule available at any Liberty Bank office or by calling Customer Service at 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area. Your accounts remain subject to fees, charges, balance requirements, and other restrictions explained in your deposit and/or loan account agreements.

Fees are subject to change. When changes are made to any fees, charges, or other material terms we will update this Agreement, and either send a notice to you at the address shown on our records, or send you an electronic message if you have agreed to receive such messages electronically. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees, or of any stricter limits on the type, amount or frequency of transactions, or any increase in your responsibility for unauthorized transactions unless an immediate change is necessary to maintain the security of the system. If an immediate change is made to maintain the security of the system, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.

You may choose to accept or decline changes by closing, continuing or discontinuing to use the services to which these changes relate. Your use of the Services after we send you a notice of change will constitute your agreement to such changes. We also reserve the option, in our sole business judgment, to waive, reduce or reverse charges or fees in individual situations.

You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges and fees from your primary Liberty Bank and Trust Company deposit account.

If you close the payment account, you must notify us and identify a new payment account for the selected Services. If you do not notify us of a new payment account we may, at our discretion, deduct all applicable charges and fees from any deposit account that you maintain with us. Additionally, if you close all your accounts with us, you agree to notify us to cancel your Services.

You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

OUR RESPONSIBILITY
We, or a third party acting as our agent, are responsible for completing fund transfers and bill payments from your account(s) on time according to your properly entered and transmitted instructions. However, neither a third party Service Provider, nor we, will be liable:

  • If you do not have adequate money in the designated account to complete a transaction from the account, or if that account has been closed;
  • If you have not properly followed Software instructions on how to make a transfer;
  • If you have not given complete, correct and current instructions so that a transfer can be made;
  • If you do not authorize a Bill Payment transfer soon enough for your payment to be made and properly credited by the payee by the time it is due;
  • If a timely Bill Payment is made but the payee nevertheless does not credit your payment promptly after receipt;
  • If withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process;
  • If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
  • If your Equipment and/or Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment.
  • If circumstances beyond our or our agent's control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
There may be other exceptions to our liability as stated in your Understanding Your Deposit Accounts agreement or loan agreements.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
You authorize us to disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

  • To comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  • When necessary to complete any type of transfers and any type of bill payments;
  • To provide services relating to your account or to offer other products and services;
  • When we have entered into an agreement to have another party provide the Bill Pay Service or receive your account information.

We will provide the third party with information about your accounts, your Services transactions, and your electronic mail messages in order to carry out your instructions.

REPORTING UNAUTHORIZED TRANSACTIONS
YOUR RESPONSIBILITY AND LIABILITY
You will be mailed periodic statements for your account(s) with the regularity provided for in the deposit or loan account agreements. Your role is extremely important in the prevention of any wrongful use of your accounts. You must carefully examine your statements upon receipt.

Tell us AT ONCE if you believe that an unauthorized transaction has been or may be conducted from your account(s) [you believe another person has improperly obtained your online password(s); someone has transferred or may transfer money from your account without authorization; you suspect fraudulent activity on your account]. Call us toll free at 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area. A representative is available between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday, or write to LIBERTY BANK AND TRUST COMPANY, Post Office Box 60131, New Orleans, Louisiana 70160 ATTN: Electronic Banking, Fax us at 504-240-5129 or E-mail us by sending an email to helpdesk@libertybank.net.
Telephoning us right away will help you reduce possible losses. You could lose all the money in your designated deposit accounts plus the maximum amount of credit available from your revolving line of credit account if it is used as overdraft protection.

For Personal Accounts Only, to the extent a transaction is an electronic fund transfer, you can lose no more than $50 if you notify us within two business days of discovering any unauthorized use of the Services or your Access Code(s). However, you can lose as much as $500 if you do not notify us within two business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section may be extended. You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission.

IN CASE OF ERRORS OR QUESTIONS ABOUT THE SERVICES
In case of questions or errors about funds transfers or other activity made through the Services, you must do one of the following: Call us toll free 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area. A representative is available between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday. or write to LIBERTY BANK AND TRUST COMPANY, Post Office Box 60131, New Orleans, Louisiana 70160 ATTN: Customer Service.

If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we sent the FIRST paper or online statement on which the problem or error appeared:

To report an error you must:

  1. Tell us your name and account number (if any).
  2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need additional information.
  3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

For personal accounts only, we will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 you account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. We will tell you the results of our investigation within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation and debit the amount of the error that we previously credited. You may ask for copies of documents that we used in our investigation. If we have reasonable proof, within our sole discretion, that the merchant has received your bill payment, we will not credit your account. We will make every effort to work with the merchant to resolve the issue on your behalf. In our investigation of bill payment transactions, we will request from a merchant a refund of any interest and/or fees, which you may have been assessed. You will be notified of the final resolution.

RIGHTS TO TERMINATE THIS AGREEMENT
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part at any time.

Your Services may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, the Services may be reinstated once sufficient funds are available in your account(s) to cover any fees and other pending transfers or debits. In order to reinstate the Services, you must call 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area. A representative is available between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday.
If you do not access your account(s) via the Services for any three-month period, we reserve the right to disconnect your service.

If you wish to cancel the Services, please call toll-free 240-5200 inside the New Orleans area or 1-800-883-3943 outside the New Orleans area or send us cancellation instructions in writing to Liberty Bank and Trust Company, P.O. Box 60131, New Orleans, LA 70160, ATTN: Customer Service.

To cancel the Bill Pay Service, please visit the “Cancel Bill Pay” section under the Transaction / Bill Pay menu.

Any banking transactions you have previously authorized will be completed as instructed. Any payment(s) we have already processed before the requested cancellation date will be completed. All scheduled payments including recurring payments will not be processed once you have cancelled the Bill Pay Services, provided we have a reasonably sufficient time to act upon your instructions. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement for transactions initiated prior to termination or discontinuation.

ADDRESS CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, email addresses and account numbers. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.

ASSIGNMENT
You may not assign this Agreement or your rights to the Services to any other party.

We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation, or to any existing or future direct or indirect subsidiary of Liberty Bank and Trust Company, or to any of our existing or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

DATA RECORDING
When you contact us, the information that you enter may be recorded. You consent to such recording.

PROGRAM REVISIONS
CHANGES/INTERRUPTIONS IN SERVICES
We may, from time to time, revise or update, or perform maintenance upon, our Program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our Programs, the Services, and/or related material and limit access to our more recent versions and updates.

NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

LIABILITY FOR LOSS OR ERRONEOUS DATA
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer systems or third party communications providers on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.

HARM TO COMPUTER SYSTEMS/DATA
You agree that we will not be responsible or liable for any indirect, incidental or consequential damages which may result from harmful components such as viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by using Liberty Bank and Trust Online Services or by downloading information, software, or other materials from our site.

SHARING INFORMATION/PRIVACY
We may share customer transaction and experience information with affiliates of Liberty Bank and Trust Company Corporation. We may share other customer information among Liberty Bank and Trust Company affiliates; however, you may opt out of such sharing of "other customer information" between Liberty Bank and Trust Company affiliates by sending your request and your name, address, social security number, telephone number, and account type and number to Liberty Bank and Trust Company, Post Office Box 60131, New Orleans, Louisiana 70160 ATTN: Opt Out Desk or e-mail us at helpdesk@libertybank.net.

If you obtain any of our products or services jointly with one or more other individuals, your opt-out decision also will apply to each of those other individuals.

OWNERSHIP OF MATERIALS
The content and information on our site is copyrighted by Liberty Bank and Trust Company and the unauthorized reproduction or distribution of any portion is prohibited. Our logos and products are trademarked and servicemarked, and may not be used without our permission. Trademarks or servicemarks of others that are referenced on our web site are the property of their respective owners. No part of these pages or screens may be copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you, without our prior written consent.

SEVERABILITY
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

AREA OF SERVICE
The Services described in this Agreement are solely offered to citizens and residents of the United States of America and businesses located and domiciled in the USA, and may not be accessed while outside of the USA.

The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from this site may be downloaded or otherwise exported in violation of United States Law.

COLLECTION EXPENSES
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorney's fees unless the collection of such cost is prohibited by applicable state law.

GOVERNING LAW
This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations and the laws of the State of Louisiana.

ARBITRATION PROVISION
Any controversy, claim or dispute arising out of or relating to this Agreement, shall, upon the election by Liberty Bank and Trust Company, be settled by arbitration pursuant to this Arbitration Provision and the code of procedure of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. If Bank elects arbitration, Claim shall be referred to either the National Arbitration Forum (“NAF”), JAMS/Endispute (“JAMS”), or the American Arbitration Association (“AAA”) as selected by us. Each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator. Arbitration may proceed in your absence if we have given written or electronic notice of the proceedings to you. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and the issuance of execution for its collection. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.



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