Terms and Conditions PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS FOR THE MODERNBANK.COM WEBSITE. BY ACCESSING THIS WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW. Unauthorized use of Websites and systems of Modern Bank, N.A. (“Modern Bank”) including, but not limited to, unauthorized entry into Modern Bank’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. Web Content and Materials The information on this Website is believed to be reliable, but Modern Bank does not warrant its completeness, timeliness or accuracy, and expressly disclaims liability for errors or omissions in the materials and information. Any dated information is published as of its date only, and Modern Bank does not undertake any obligation or responsibility to update or amend any such information. The information on the Website is not intended as an offer or solicitation for the purchase of Modern Bank stock or any other security. Securities (including mutual funds and variable life insurance), annuities and insurance products are not bank deposits and are not insured by the FDIC or any other agency of the United States, nor are they obligations of, nor insured or guaranteed by, Modern Bank or its affiliates. Securities (including mutual funds and variable life insurance) and annuities involve investment risks, including the possible loss of value. Modern Bank and its suppliers or affiliates may discontinue or make changes in the information and materials contained in this Website – and the terms and conditions of the access to and use of such information and materials – without notice and liability to you. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Modern Bank, and (ii) in circumstances where locations of the Website require identification for process, you will establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. Access to and use of password protected and/or secure areas of this Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of this Website may be subject to prosecution. MODERN BANK RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY MODERN BANK TO ANY PERSON TO USE THIS WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW. Potential Disruption of Service Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things: • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; • overload of system capacities; • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; • interruption (whether partial or total) of power supplies or other utility of service; • strike or other stoppage (whether partial or total) of labor; • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Modern Bank. Sending E-Mail E-mail sent to us may not be secure. Therefore we ask that you do not send confidential information such as social security number or account numbers to us via e-mail. Such communications should be sent to us via postal mail or you may call your Private Banker or Relationship Officer. Links to Other Sites This Website may contain links to websites controlled or offered by third parties (non-affiliates of Modern Bank). Modern Bank hereby disclaims liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked website providers are those of the providers and not of Modern Bank. Your participation in any linked Website, including payment for and the delivery of goods or services is based solely on the agreement, if any, between you the linked website provider. LIMITATION OF LIABILITY BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THIS WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE) IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”, WITH NO WARRANTIES OR REPRESENTATIONS REGARDING THIS WEBSITE. MODERN BANK DISCLAIMS ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE SERVICES OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MODERN BANK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THIS WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THIS WEBSITE. FURTHER, MODERN BANK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL MODERN BANK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MODERN BANK’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. MODERN BANK IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL MODERN BANK BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER MODERN BANK HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. Enforceability and Governing Law In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall remain in full force and effect. These Terms and Conditions shall be subject to any other agreements you have entered into with Modern Bank. The laws of the State of New York govern the user’s access to and use of the ModernBank.com Website, and the terms of this disclaimer. Copyright Notices All of the pages and screens on this Website are owned and/or controlled by Modern Financial Inc., except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on this Website include, but are not limited to, the text, design, software, images, graphics, source code, and the content on this Website. You are authorized to view the information available on this Website for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Website for any commercial or public purpose without Modern Bank’s prior written consent. Trademark Notices MODERNBANK, MODERN BANK, MODERNBANK (with CARTOUCHE), MODERN (with CARTOUCHE), the CARTOUCHE, and Commercial Banking, personalized, shown on this Website, whether or not appearing in large font or with a trademark or service mark symbol, are registered trademarks that are owned and/or controlled by Modern Financial Inc. (“MFI”) The unauthorized use or misuse of any of Modern Bank’s or MFI’s trademarks, service marks, or trade names is expressly prohibited. Please be advised that Modern Bank and MFI vigorously enforces its intellectual property rights against infringers. General Modern Bank reserves the right to modify these Terms of Conditions at any time without notice, but the most current version of the Terms and Conditions will always be available to you on this Website. If you find the Terms and Conditions unacceptable at any time, you may discontinue your use of this Website. By continuing to use this Website after the date of any change to these Terms and Conditions, including accessing this Website, you agree to be bound by the rules contained in the most recent version hereof. Modern Bank reserves the right to modify or terminate the services and this Website or to terminate your access to the services and this Website, in whole or in part, at any time. These Terms and Conditions constitute a contract between you and Modern Bank governed by the laws of the State of New York, with the exception of its conflicts of laws provisions.