Business Visa Debit Card Agreement

This agreement with you governs your request for, receipt and use of an electronic banking card issued and owned by Foothills Bank, hereinafter referred to as the "Business debit card." This card may be used for business purposes only. This card may not be issued for family, household or personal purposes.

Use of your Business debit card verifies your acceptance of the terms and conditions contained in this Agreement and is subject to the provisions of your Account Agreements.

In this Agreement the following words shall have the definitions stated:
(a) "Account" or "Accounts" will mean each of your commercial or business checking or savings accounts which you have with Foothills Bank You will not be permitted to access personal accounts with your card; (b) "ATM" will mean automated teller machine or banking machine; (c) "Bank" means Foothills Bank (d) "card" will mean one or more cards which access your accounts, including Business debit card issued by the Bank; (e) "PIN" will mean the confidential personal identification number(s) or other confidential coders) provided to you by the Bank or selected by your for identification purposes in connection with the use of your card, and may include where the context requires, the card number itself; (f) "Transaction" will mean any electronic fund transfer as defined by the Electronic Funds Transfer Act, 15 U.S.C.A 163a, including deposits, withdrawals, or point-of-sale purchases, made electronically, as well as all transfers resulting from the use of your card(s), even if an ATM is not involved at the time of the transaction; (g) "You" and "Your" will mean your business or its authorized representative.

ATM Transactions
If you have chosen to set your card up with ATM capabilities, you may access your account(s) by ATM using your card and PIN to deposit funds, withdraw cash, transfer funds and obtain balance information on checking and savings accounts. Some of these services may not be available at all terminals.

Point-of-Sale Transactions
You may access your primary checking account with your card to purchase goods or pay for services in person or by phone, obtain cash from a financial institution and do any transaction that can be made with a credit card.

LIMITS
The following transaction limitations will apply to your card(s):

ATM Transactions **
You may make no more than $500.00 in cash withdrawals per card per day.

Point-of-Sale Transactions **
You may make no more than $2,500.00 in point-of-sale purchases per day.
**(Other limits may be set upon your request as approved by Foothills Bank).

GENERAL PROVISIONS
(a) Your card may be retained by any ATM or merchant if:

(b) The Bank may refuse to issue a card to you or to reissue a card to you for any reason Bank deems appropriate in order to adequately protect Bank's interests or security concerns. Each card is issued by the Bank and remains the Bank's property, is not transferable (other than to your authorized employees), and may be canceled, revoked or limited by the Bank, at its discretion, at any time without prior notice to you. In the event of cancellation or revocation, your card must be surrendered to the Bank upon demand. If you attempt to use your card after it has been cancelled or revoked, it will be retained. For your protection, your card may be retained in situations where it appears to the Bank that there is or may be a danger of loss, theft or unauthorized use.

(c) No electronic funds transfers may be made, and no transactions that you attempt to initiate will be completed, if your account is overdrawn, your request exceeds the withdrawal or point-of-sale purchase limits imposed on your card, your card is damaged, has expired, has been canceled or revoked, or is retained for any reason, your account(s) has (have) been closed, or if the Bank receives notification that the card(s) has been lost or stolen.

(d) Upon receipt of a request for authorization of a transaction made with your card, you (or your agent on your behalf) authorize the Bank to deduct the amount immediately from the available balance in your account.

(e) You understand and agree that you may not place stop payment orders on any transactions originated by use of your card.

(f) The Bank reserves the right at any time and without notice to eliminate any or all of the services that currently are available to you by use of your card or to add new services.

(g) Bank may from time to time, limit the type, number and dollar of any transactions made by use of a card, not withstanding the amount in your account(s), and terminate or suspend the operation of any cards, ATMs or Visa debit cards, without notice.

(h) Where any person has possession of your card, and uses the same, such possession and use shall be considered by Bank to constitute an unlimited authorization by you for such person to use your card, in an unlimited amount and manner and will be effective until you have notified the Bank in writing that you have revoked the authorization, and have taken all other necessary steps to revoke it and the Bank has had a reasonable opportunity to act on such notification.

(i) The Bank will be liable only for its gross negligence or willful misconduct and will not be responsible for any loss or damage arising from or in connections with (1) any inaccuracy, act or failure to act on the part of any person not within its reasonable control or (2)any error, failure or delay in execution of any transfer resulting from circumstances beyond its reasonable control, including, but not limited to any inoperability of communications facilities or other technological failure.

Provided the Bank has complied with obligations under this Agreement, you agree to indemnify, defend, and hold the Bank harmless against any claim of a third party arising from or in connection with this Agreement or the services the Bank provides hereunder.
In no event will the Bank be liable for any consequential, incidental, special or indirect losses, damages, including dishonor of checks or other items, or expenses, (including counsel fees), which you may incur or suffer by reason of the Agreement or the services the Bank provided hereunder, whether or not the possibility or likelihood of such loss, damage or expense is known to or reasonably foreseeable by the Bank.

Further, in the event you dispute the accuracy of any transaction as reported to Bank and as set forth on any monthly statement provided to you, which inaccuracy is not due to the negligence of the Bank, the Bank will endeavor to correct any such error. Such error or inaccuracy shall include, by way of illustration and not limitation, duplicate trans¬actions or erroneous dollar amounts of purchases, deposits or withdrawals, as reported to Bank. However, Bank shall not be liable for any such error, and you hereby release Bank from any loss or damage resulting from any such error, even if the Bank is unable to correct such error.

In the event you dispute any charge or withdrawal, you authorize Bank to use and disclose private information in order to attempt to correct any error. Such information may include, by way of illustration and not limitation, your name, address, and card number (not your PIN).

(j)You shall have sole and exclusive control over and responsibility for providing the PINs to those individual(s) in possession of your card(s). Subject to the provisions in paragraphs above, the Bank shall have no liability for transactions performed using your card and a PIN issued to you regardless of whether you deem such transactions to be authorized or unauthorized.

(k)Any security procedure applicable to the card and disclosed to you are strictly confidential and should be disclosed to only your employees or agents with access to the card(s). You shall instruct those individuals that they should not disclose the security procedures to anyone. You must establish and maintain procedures to insure the confidentiality of the PINs and security procedures, and the security of the card(s).

(1) The Bank assumes no responsibility to discover or audit any possible breach of security or unauthorized disclose of PINs or use of cards by your employees, agents, representatives, or any other person. You shall promptly notify the Bank of any suspected unauthorized activity (whether or not involving your employees). The Bank reserves the right to change its security procedures at any time.

(m)These terms and conditions are subject to the laws and regulations of the Foothills Bank, and any applicable federal laws.

(n)The terms of your Account Agreement with the Bank are incorporated by reference and made a part of this Agreement. In the event of any inconsistency between such agreement(s) and this Agreement, then this Agreement shall control to the extent necessary. You agree that this Agreement is the entire statement of the terms and conditions which apply to the subject matter hereof. If any term or condition of the Agreement should be invalidated or unenforceable, all other terms and conditions will continue in full force and effect. This Agreement supersedes any prior agreements between the Bank and you relating to these services for your Account. The Bank and you agree that all warranties, indemnities, confidentiality requirements, representations, acknowledgments and understandings will survive the performance and terminations of this Agreement.