General Provisions

An account owner granting a power of attorney over a Deposit Account is called the "Principal", and the person acting for the Principal is called the attorney-in-fact, or "Agent". We may refuse to accept a power of attorney for any reason, and we will require verification through direct contact with the Principal and the Principal's legal counsel. We may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Agent is responsible to us if any information in an affidavit furnished to us is untrue or materially misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal or any other account owner dies or is declared incompetent. Upon death or declared incompetence of the Principal, the Agent's power of attorney ceases.

If you use any form of facsimile signature in connection with the Deposit Account, you agree to deliver a sample to us before you begin using it, and to execute and deliver agreements in a form we require. When you use a facsimile signature or other form of automated signature device in connection with the Deposit Account, you agree you shall have the sole responsibility for maintaining security of the facsimile signature or device by which it is affixed, and you shall bear the entire risk for unauthorized use thereof, whether or not you are negligent, except as may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile or automated signature shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure (including reasonable attorneys' fees) you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed.

We define dormancy as no activity, other than interest posting, and no contact between the customer and the Bank for a minimum period of 12 months. This definition may not be consistent with the laws of your state. Certificates of Deposit which have a maturity date of longer than six months are not subject to inclusion as a dormant account. Dormant accounts (if interest bearing) will continue to earn interest, and will be subject to such service charges as may be shown on the Schedule of Fees. We will attempt to notify owners of dormant accounts with an e-mail notice to review their account and to communicate with us about it. In accordance with California State law, if an account remains in a dormant status for three years, the funds are considered abandoned. Funds in abandoned accounts will be remitted to the custody of the State, and we will have no further liability to you for such funds.

You agree to notify us of your intention to close your Deposit Account, and we reserve the right to request that your notice be in writing that affirmatively acknowledges that closing the account could affect your receipt of Financial Services. After a Deposit Account is closed, we have no obligation to accept deposits or pay any outstanding Items or other debits, but we may do so at our option. You agree to hold us harmless for refusing to honor any check, item or other debit on a closed account.

You agree to pay the charges as shown on the Schedule of Fees. As these charges are incurred, we will deduct the charges directly from the Deposit Account balance. We will not be liable for dishonor of your Items or other debits resulting from our deduction of any charges as authorized by the Banking Documents.

Your Deposit Accounts earn interest at such rate and compounding frequency as we disclose to you from time to time. We will not change the interest rate or annual percentage yield on a certificate of deposit account prior to the next maturity date. You will provide us with any Deposit Account Agreement documents (the "Agreement") and other documentation or information that we require in connection with a Deposit Account.

You agree to provide us accurate and complete financial and other information we request in connection with a Deposit Account or Overdraft Account and the Banking Documents. Information concerning a Deposit Account or Overdraft Account may be reported to credit reporting agencies and will be made available when requested by proper legal process.

The Banking Documents and all transactions on a Deposit Account or Overdraft Account are governed by federal law and, to the extent state law applies, the laws of the State of California, without regard to choice of law provisions, regardless of the State of your residence and we may enforce the Website Agreement under California Law to the extent it enforces the provisions contained therein.

You agree that we have the right (without prior notice and when permitted by law) to set-off the funds in a Deposit Account against any amount due and payable to us by you. This right of set-off does not apply to your Deposit Account to the extent restricted or prohibited by law or contract.