Simmons Bank Debit Card and ATM Card Agreement

I. INTRODUCTION

Please read this Agreement in full and keep a copy of it with your records for future reference. By using your Card and/or ATM Card, as applicable, you agree to the entirety of this Agreement, including provisions related to Arbitration, Waiver of Class Actions, and Waiver of Jury Trials, and, for Consumer Accounts, the disclosure titled “CONSUMER ACCOUNTS: YOUR LIABILITY FOR CARD and/or ATM Card TRANSACTIONS - ELECTRONIC FUND TRANSFER.” For business and commercial Accounts, by using your Card you also agree to the terms of the “Guide to Card Benefits” that are provided with your Card.

1. Definitions
   
   “Account” means a Simmons Bank demand deposit (checking), consumer asset, or savings deposit account linked to your Card or ATM Card. You may have more than one Account linked to your Card or ATM Card.
   
   “Agreement” means this Simmons Bank Debit Card and ATM Card Agreement and all other terms, conditions, and agreements entered into by the Cardholder in connection with the application for and use of a Card or ATM Card.
   
   “ATM” means an Automated Teller Machine.
   
   “ATM Card” means a Simmons branded ATM card, and any information associated with the ATM Card such as the ATM Card number, Personal Identification Number (PIN), etc., owned and issued by Bank. ATM Cards may only be used at ATMs and may not be used for point-of-sale transactions.
   
   “Available Amount” means the Available Balance (as defined below) in your Account, combined with (if applicable) any amount available within your overdraft limit under our Additional Overdraft Privilege or available under any other overdraft protection plan or service.
   
   “Available Balance” means the amount of money in your Account that you can use, withdraw, or transfer. The Available Balance may increase or decrease throughout the day based on the Account activity. Any holds associated with your Account reduce the Available Balance.  You may obtain the Available Balance as of the time of your inquiry via Simmons Online Banking, at an ATM, at a Bank branch, or by calling us at (866) 246-2400.
   
   “Business Day” means any calendar day other than Saturday, Sunday, or any banking holiday observed by the Bank (which will generally be any day on which the Federal Reserve Bank of St. Louis is closed for business).
   
   “Card” means a Simmons Bank Visa Debit Card, and any information associated with the Card such as the Card number, Personal Identification Number (PIN), etc., owned and issued by Bank as part of the Bank’s participation in the value exchange system of Visa U.S.A, Inc. and Visa International Service Association (“Visa”). Visa is a registered trademark of Visa International Service Association.
   
   “Consumer Account” means an Account held directly or indirectly by Bank and established primarily for personal, family, or household purposes.
   
   “Deposit Account Agreement” means the “Terms and Conditions of Your Account” (“Terms and Conditions”) provided to you at the opening of your Account, together with any disclosures, fee schedules, and other documentation related to your Account, all as may be subsequently updated from time to time. For reference, a copy of the Terms and Conditions for Consumer Accounts is available online at https://simmonsbank.com/terms-and-conditions/personal-terms-and-conditions, and a copy of the Terms and Conditions for business and commercial Accounts is available online at https://simmonsbank.com/terms-and-conditions/business-terms-and-conditions.
   
   “Digital Wallet” means a digital wallet on any Supported Digital Wallet Device.
   
   “Digital Wallet Services” means a service provided by a third party that allows you to add and use your Card in a Digital Wallet on any Supported Digital Wallet Device.
   
   “Fee Schedule” means the Simmons Bank Schedule of Fees and Charges. A copy of the then current Fee Schedule was provided to you as part of your Deposit Account Agreement at Account opening. The Fee Schedule may be updated and modified from time to time as set forth in the Deposit Account Agreement. You may request a copy of the current Fee Schedule by visiting a Bank branch or calling (866) 246-2400.
   
   “Mobile Card” means a virtual representation of your Card for use with Digital Wallet Services.
   
   “Regular Payment” means a recurring payment which results from an agreement between a Cardholder and a merchant or other third-party to debit an Account at predetermined intervals.
   
   “Simmons Online Banking” means an electronic service provided by or on behalf of the Bank that permits you to access certain financial services or Account information through the Internet by use of a personal computing device and/or mobile application, as applicable.
   
   “Supported Digital Wallet Device” means a mobile device that your Digital Wallet provider supports.
   
   The words “you”, “your”, and “Cardholder” mean each and all persons having or applying for a Card or ATM Card, as applicable, and each and all users authorized by a Cardholder to use the Card or ATM Card, as applicable.
   
   The words “we”, “us”, “our”, and “Bank” mean Simmons Bank and its successors and assigns.
   
   Any singular term used herein shall be deemed to include the plural, and any plural term the singular.  Whenever the words “include,” “includes” or “including” are used herein, they shall be deemed to be followed by the words “without limitation.”  Whenever the phrases “in our discretion”, “by us, in our discretion”, “in its discretion” (when referring to Bank), “at the discretion of Bank” or similar phrases are used herein, they shall be deemed to mean “in Bank’s sole and absolute discretion”, and no requirement of reasonableness shall be deemed to apply to Bank’s exercise of such discretion. The word “or” shall not be exclusive, and “any” means “any and all.”  All pronouns and any variations thereof refer to the masculine, feminine or neuter, singular or plural, as the context may require. If a word or phrase is defined, the other grammatical forms of such word or phrase have a corresponding meaning. A reference to a document, agreement, or instrument also refers to all attachments, addenda, exhibits, or schedules thereto, all as may be amended from time to time.

II. TRANSFER TYPES AND LIMITATIONS

1. Card and/or ATM Card Usage
   
   You may use your Card to, among other transactions, (1) withdraw cash from your Account(s); (2) make deposits to your Account(s); (3) transfer funds between your Account(s); (4) pay for purchases at places that have agreed to accept the Card; and (5) pay bills directly from your Account(s) in the amounts and on the days you request. Card transactions may include card-present transactions, card-not-present transactions, Mobile Card transactions, and contactless transactions.  You may use your ATM Card to, among other transactions, (i) withdraw cash from your Account(s); and (ii) make deposits to your Account(s).
   
   
2. Temporary Limitations to Card and/or ATM Card Access
   
   You acknowledge that, at times, due to equipment failure, technological disruptions, or other factors outside of our immediate control, Card and ATM Card access may be temporarily limited. The Bank is not responsible for any damages arising from any item that is not paid due to temporary disruption of Card or ATM Card access as a result of such factors.
   
   
3. Effect of Card and/or ATM Card Transactions
   
   You understand that each use of your Card or ATM Card to purchase goods and services, pay bills, or to obtain cash results in a corresponding withdrawal from the designated Account; therefore, you acknowledge that you do not have the right to stop payment on any transaction. Conversely, any credit slip issued for returned merchandise, etc., will result in a deposit to the designated Account.
   
   
4. Approval and Acceptance of Transactions
   
   The Bank has the right to refuse to authorize transactions at any time in its discretion and without prior notice. Possible reasons for the Bank’s refusal to authorize a transaction may include, but are not limited to, (1) a transaction exceeding the Available Balance in your Account, (2) the Bank’s suspicion of fraud, (3) the transaction violating any laws, regulations, the terms of this Agreement, the Deposit Account Agreement, or any other agreement between you and the Bank, or (4) any other lawful purpose. The Bank is not responsible for any merchant’s or third party’s refusal to accept the Card or ATM Card, as applicable.
   
   
5. Agreement to Pay
   
   Subject to the provisions of this Agreement, you agree to pay us on demand for all purchases, withdrawals, or other transactions incurred against or in connection with your Account, Card, or ATM Card. Cancellation of a Card or ATM Card or termination of your Account shall not excuse your obligation to pay for all purchases, withdrawals, or other transactions incurred against or in connection with your Account, Card, or ATM Card through the effective time of the cancellation or termination.
   
   
6. Preauthorization Holds
   
   If you use your Card at a point-of-sale location, the merchant may attempt to obtain preauthorization for the transaction, resulting in a preauthorization hold on funds in your Account. Such preauthorization hold may remain for three (3) Business Days or longer if the merchant requires a hold to remain for longer than three (3) Business Days (as is commonly the case with hotels, rental car companies, and other merchants) and may affect the Available Balance of your Account. A preauthorization hold may be placed for more or less than the final settled and posted amount of the transaction. The amount of the preauthorization hold is not used to pay the final settled and posted amount of the transaction but is reflected in calculating the Available Balance of your Account. We will not be liable for damages if any item is not paid because of such preauthorization hold on your Account.
   
   
7. Preauthorized Credits
   
   If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, you can call us at (866) 246-2400, send us a message via Simmons Online Banking, or visit a Bank branch to find out whether or not the deposit has been made.
   
   
8. Consumer Accounts: Your Right to Stop Preauthorized Payments and Procedure for Doing So
   
   The provisions in this Section II.H. apply only to Consumer Accounts and do not apply to business or commercial Accounts.
   
   If you have told us in advance to make Regular Payments out of your Account, you can stop any of these payments. Here’s how:
   
   Call us at (866) 246-2400, send us a message via Simmons Online Banking, visit a Bank branch, or write us at Simmons Bank, Attn: Debit Card Operations, P.O. Box 7009, Pine Bluff, Arkansas, 71611, in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. You may be charged a fee for placing a stop payment. Please refer to the Fee Schedule for additional information on fees and charges related to stop payment orders.
   
   
9. Business or Commercial Accounts: Handling Preauthorized Payments
   
   The provisions in this Section II.I. only apply to business or commercial Accounts.
   
   One-time purchases: Stop payments cannot be requested on one-time purchases made using a Card linked to a business or commercial Account.
   
   Recurring debits: If a Cardholder has told a merchant or other billing entity in advance to make recurring debits to a Card linked to a business or commercial Account, the Cardholder can stop any of these debits by contacting the merchant or other billing entity directly to cancel or discontinue any scheduled or recurring payment. Some merchants require an advance notice to discontinue scheduled or recurring payments, so we recommend a Cardholder allow sufficient advance time for any changes to his or her payment service.
   
   
10. Your Right to Receive Notice of Varying Amounts of Preauthorized Transfers
    
    If preauthorized payments may vary in amount, the person you are going to pay should tell you ten (10) days before each payment when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous statement, or when the amount would fall outside certain limits that you set.) Please contact the third-party recipient of the preauthorized payments to make these arrangements.
    
    
11. Consumer Accounts: Our Liability for Failure to Stop Payment of Preauthorized Transfer
    
    The provisions in this Section II.K. apply only to Consumer Accounts and do not apply to business or commercial Accounts.
    
    If you order us to stop a preauthorized payment in a manner consistent with the methods described above in Section II.H and we receive your request three (3) Business Days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages.
    
    
12. Consumer Accounts: Bank’s Liability for Failure to Make Transfer
    
    The provisions in this Section II.L. apply only to Consumer Accounts and do not apply to business or commercial Accounts.
    
    If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
    • If, through no fault of ours, you do not have enough money in your Account to make the transfer.
    • If the transfer would go over your credit limit on your overdraft line.
    • If the ATM where you are making the transfer does not have enough cash.
    • If the ATM was not working properly and you knew about the breakdown when you started your transfer.
    • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
    • There may be other exceptions stated in the Deposit Account Agreement or other agreements with you.
      
      
13. Consumer Accounts: Health Savings Account
    
    The provisions in this Section II.M. apply only to Consumer Accounts and do not apply to business or commercial Accounts.
    
    You are solely responsible for ensuring that transfers to and from your Health Savings Account are permitted under applicable law, including tax and health care laws.
    
    
14. Daily Limits on Transactions
    
    At an ATM, you may use your Card or ATM Card to obtain funds (up to the Available Amount) not to exceed $500.00 per calendar day. You may use your Card at participating merchants for point of sale purchases up to the Available Amount, not to exceed $10,000 per calendar day. For security reasons, there may be other limits imposed on the number and dollar amount of transactions you can make using your Card and/or ATM Card within any time period. Note also that the limits on your use of your Card and/or ATM Card may be different at ATM terminals owned by other institutions. We may, in our discretion, increase or decrease your Card’s and/or ATM Card’s daily withdrawal or purchase limits. An increase to  your Card’s and/or ATM Card’s daily withdrawal or purchase limits may be made without notice. If we decrease your Card’s and/or ATM Card’s daily withdrawal or purchase limits, we will notify you of such decrease if required by, and in accordance with, applicable law. Additionally, you may request a change to your daily purchase or withdrawal limits by calling us at (866) 246-2400 or visiting a branch and making such request.
    
    In addition to the foregoing daily transaction limits, transactions made with your Card or ATM Card may be limited by the Available Balance in your Account. Transactions which exceed the Available Balance in your Account may be declined, partially authorized (as described below), or approved (up to the Available Amount), which may result in overdraft fees. For additional information, please refer to the Terms and Conditions, the Overdraft Privilege Disclosure, and the disclosure titled “What You Need To Need To Know About Overdrafts and Overdraft Fees” (for Consumer Accounts only), each of which has been provided to you and is available upon request at a Bank branch, on our website, or by calling 1-866-246-2400. The completion of a transaction with your Card or ATM Card is not, and should not be interpreted as, a guarantee or representation that you have sufficient funds in your Account for the completed transaction.
    
    If technical outages cause our system to go offline, the Visa daily limits may apply without notice until our system has returned to proper working order.
    
    
15. Partial Authorization
    
    If, at the time of a transaction, the purchase price exceeds the Available Amount, you may be able to use the Available Amount to pay for a portion of the purchase price up to the Available Amount and then use another form of payment to pay the remaining balance of the purchase price. This is called a “Partial Authorization” transaction because you are obtaining authorization to use the Available Amount and paying any balance due with another form of payment. Partial Authorization is only available if the merchant accepts multiple sources of payment.  If the merchant accepts multiple sources of payment, the merchant will receive an authorization for an amount equal to the Available Amount. The merchant will then notify you of any amounts due in excess of the Available Amount and allow you to use another form of payment to pay the remaining balance of the purchase price. The remaining balance of the purchase price would need to be covered by another form of payment, such as cash or another card. If you are unable or unwilling to provide an additional form of payment, the merchant should reverse the Partial Authorization. Following receipt of a reversal, any funds used for Partial Authorization should be added back to the Available Amount. We do not represent or warrant that any merchant will have the capability to do Partial Authorizations or will be willing to accept two or more forms of payment. We may set limits on the dollar value of transactions that will qualify for Partial Authorization and will provide you notice of any such limits if required by, and in accordance with, applicable law.

 III. FEES AND CHARGES

1. Card and ATM Card Fees
   
   Please refer to the Fee Schedule to review fees and charges that may be charged by Bank arising out of your use or replacement of the Card(s) and/or ATM Card(s).
   
   
2. Third-Party Fees
   
   In addition to any fees and charges charged by the Bank, if you use your Card or ATM Card at an ATM or an electronic Point of Sale (“POS”) location other than our office or branch, the owner/operator of such other ATM or POS, or any national, regional, or local network used to complete the transaction or balance inquiry, may impose a charge for such use, in which event, you agree to reimburse us all amounts which we pay to such owner/operator on account of such use of your Card or ATM Card.
   
   
3. Merchant Fees
   
   Some merchants may assess a fee when you use your Card for a purchase or for cash back. This fee will generally be included in the total purchase amount.
   
   
4. International Fees
   
   Please refer to the current Fee Schedule to review fees and charges that may be charged by Bank arising out of your use of your Card and/or ATM Card internationally.

IV. Records

1. Periodic Statements – Checking Accounts
   
   You will receive a monthly Account statement.
   
   
2. Periodic Statements – Savings Accounts
   
   You will receive a quarterly Account statement, except that for any month in which your Account has any electronic fund transfer (other than a preauthorized credit), you will receive a monthly Account statement.
   
   
3. Transaction Records
   
   You agree to retain the records of your transaction(s) until you can reconcile them with the descriptions printed on the statement for your Account.
   
   
4. Documentation of ATM Transfers
   
   We recommend you obtain a receipt at the time you make any transfers to or from your Account using an ATM.
   
   

V. CONSUMER ACCOUNTS: YOUR LIABILITY FOR CARD and/or ATM Card TRANSACTIONS - ELECTRONIC FUND TRANSFER

The provisions in this Section V apply only to electronic fund transfers that debit or credit a Consumer Account and are subject to Regulation E (12 C.F.R. Part 1005). This Section does not apply to business or commercial Accounts.

1. Your Liability for Unauthorized Transfers
   
   If you furnish your Card or ATM Card to another person (a family member or co-worker, for example), you will be liable for all transactions performed by this person, including withdrawals or transfers of funds to or from your Account.
   
   
2. Consumer Accounts: Liability
   
   Tell us AT ONCE if you believe your Card or ATM Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Card or ATM Card. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft of your Card or ATM Card, you can lose no more than $50 if someone used your Card or ATM Card without your permission.
   
   If you do NOT tell us within two Business Days after you learn of the loss or theft of your Card or ATM Card, and we can prove we could have stopped someone from using your Card or ATM Card without your permission if you had told us, you could lose as much as $500.
   
   Also, if your statement shows transfers that you did not make, including those made by Card or ATM Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any of the money you lost after the 60 days if we 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 telling us, we will extend the time periods.

VI. Additional Limits on Liability for Visa-branded Debit Card

To the extent your Card is governed by the Visa rules, unless you have been negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa-branded Card. This additional limit on liability does not apply to ATM transactions outside of the U.S., to ATM transactions not sent over Visa or Plus networks, or to transactions using your Personal Identification Number which are not processed by Visa.

VII. BUSINESS OR COMMERCIAL ACCOUNTS: LIMITATIONS OF BANK’S RESPONSIBILITY

The provisions of this Section VII only apply to transactions that debit or credit a business or commercial Account. For such Accounts, you acknowledge that all Accounts, ATM Cards, and Cards accessed under this Agreement are not subject to the Electronic Fund Transfer Act (15 U.S.C. §§ 1693 et seq.) or Regulation E (12 C.F.R. Part 1005). The provisions of this Section VII are in addition to, and are not intended to limit, your liability as set forth in Section XI.D.

 We will not be liable for failing to process or complete an electronic fund transfer to or from your Account unless you prove the failure was caused by our willful misconduct or gross negligence and caused you actual harm. In no event will we be liable for failing to process or complete an electronic fund transfer if:

• through no fault of the Bank’s, you do not have enough money in your Account to make the transfer;
• we are legally restricted from transferring the funds in your Account;
• circumstances beyond our control, (including telecommunications outages or
  interruptions, computer failure, postal strikes and other labor unrest, delays caused by payees, fire, floods or other natural disasters) prevent the transfer, despite reasonable precautions that we have taken;
• the Simmons Bank ATM or other ATM where the Cardholder is making the transfer does not have enough cash;
• the ATM, POS terminal or other applicable system was not working properly;
• Simmons Online Banking was not working properly due to the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, normal maintenance, unauthorized access, theft, operator errors, severe weather, earthquakes, floods, strikes or other labor problems, or other circumstances beyond our control;
• we have not received proper authorization and notice;
• the merchant or financial institution fails to accept your Card or ATM Card;
• there is an allegation of fraudulent activity concerning your Account;
• the Card, ATM Card, and/or PIN has been reported lost or stolen or we have cancelled or suspended the Card, ATM Card, and/or PIN; OR
• other rules, regulations, or Agreements of the Bank so provide.

There may be other exceptions stated elsewhere in this Agreement, in the Deposit Account Agreement, and/or the Guide to Card Benefits.

VIII. Contact in the Event of Unauthorized Transfers

If you believe your Card, ATM Card, or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, immediately:

call Simmons Bank at (866) 246-2400;

write to
Simmons Bank
Attn: Debit Card Operations
P.O. Box 6609
Pine Bluff, AR 71611-6609;

send us a message via Simmons Online Banking; or

visit a local branch.

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

For all other electronic fund transfers:

call Simmons Bank at (866) 246-2400;

write to
EFT Coordinator
P.O. Box 7009
Pine Bluff, AR 71611-7009;

send us a message via Simmons Online Banking; or

visit a local branch.

IX. CONTACT IN THE EVENT OF ERRORS OR QUESTIONS

If you think we have made an error or have questions regarding your electronic transfers:

telephone us at
(866) 246-2400,

or write us at
EFT Coordinator
Simmons Bank
P.O. Box 7009
Pine Bluff, AR 71611-7009

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 a statement or receipt. We must hear from you no later than sixty (60) days after we sent or otherwise made available to you the FIRST statement on which the problem or error appeared.  You should provide:

(1)          Your name and Account number;

(2)          A description of the error or the transfer you are unsure about. Please explain as clearly as you can why you believe it is an error or why you need more information; and

(3)          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 ten (10) Business Days.

For complaints or questions about a Card or ATM Card, we will determine whether an error occurred within ten (10) Business Days (five (5) Business Days for Visa-branded Card or point-of-sale transactions processed by Visa) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.

For investigations related to Consumer Accounts, we may credit your Consumer Account for the amount you think is in error during the course of the investigation. If we decide to take the forty-five (45) day time period to investigate your complaint or question, we will credit your Consumer Account within ten (10) Business Days (five (5) Business Days for a Visa-branded Card or point-of-sale transaction processed by Visa) 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 asked you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Consumer Account.

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Consumer Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. Your Account is considered a new Account for the first thirty (30) days after the first deposit is made, unless you already had an established Account with us before this Account was opened. 

We will tell you the results within three (3) 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 used in our investigation.

X . DIGITAL WALLET SERVICE

1. Introduction
   
   You may have the ability to use your Card with Digital Wallet Services. A Digital Wallet Service enables you to create Mobile Cards on a Supported Digital Wallet Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a virtual representation of your Card (in lieu of presenting your physical Card) and (ii) in-app or other digital commerce payments at merchants participating in the Digital Wallet Service. You are required to have a Supported Digital Wallet Device in order to use this service. By enrolling in or using Digital Wallet Services, in addition to any agreements between you and your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet, you agree to the terms of this Section, the other applicable terms of this Agreement, and the Deposit Account Agreement.
   
   
2. Relationship to Your Digital Wallet Provider
   
   A Digital Wallet is a service offered exclusively by your Digital Wallet provider (for example, Apple, Google, or Samsung) using devices deemed eligible by your Digital Wallet provider. We do not own, operate, or control any Digital Wallet and are not responsible for any Digital Wallet Services provided to you. We are not responsible for maintenance or other support services for any Digital Wallet or Supported Digital Device and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to a Digital Wallet including any third party product liability claims, claims that a Digital Wallet fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
   
   Your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet may have their own third-party agreements, and you are subject to those third-party agreements when you give them your personal information, use their services, or visit their respective sites. It is your sole responsibility to read and understand any third-party agreements before creating, activating, or using a Mobile Card in a Digital Wallet. 
   
   
3. Eligibility
   
   We reserve the right to restrict your use of all or certain Cards and/or ATM Cards within Digital Wallet Services. In addition, the Digital Wallet provider, your wireless service provider, and/or any third party associated with the Digital Wallet may impose additional eligibility requirements for use of Digital Wallet Services.
   
   
4. Use of Mobile Cards
   
   When you add your Card to a Digital Wallet or use your Card with a Digital Wallet Service, certain Account information for the Card will be transmitted to and stored according to the Digital Wallet and payment card network procedures and systems for the Supported Digital Wallet Device to facilitate your participation in the Digital Wallet Service. Once the Account information for your Card has been stored in accordance with the Digital Wallet Service’s procedures, it is represented by a Mobile Card within the Digital Wallet function. By selecting a Mobile Card and (i) placing your Supported Digital Wallet Device near a merchant’s contactless-enabled point-of-sale terminal or reader, or (ii) using that Mobile Card for an in-app purchase or any other purchase, you are authorizing payment to the merchant with that Mobile Card through the Digital Wallet Service. To complete transactions above a certain dollar amount, merchants, at their discretion, may require presentation of your physical Card or a government-issued form of identification. Once created, a Mobile Card may work even if you do not have wireless service.
   
   Your Digital Wallet Service may also allow you to view recent purchase transactions you made using your Mobile Card. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for example, pre-authorization holds described in Section II.F.). Transactions displayed in your Digital Wallet in connection with use of your Mobile Card represent only our authorization of your Digital Wallet transaction and do not reflect any post-authorization activity, including clearing, settlement, foreign currency exchange, reversals, returns, or chargebacks. Accordingly, the amount, currency, and other details for your Digital Wallet transaction in connection with use of your Mobile Card that you can view in your Digital Wallet may not match the transaction amount that ultimately clears, settles, and posts to your Account. Your Digital Wallet may provide you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. For additional Account information, you can log into Simmons Online Banking or call the number on the back of your Card.
   
   All purchases or other transactions made with your Mobile Card are governed by this Agreement as if such purchases or transactions were made with your Card.
   
   Any applicable fees and charges that apply to your Card and Account, as set forth in this Agreement (including Section III and any applicable Fee Schedule), will also apply when you use your Mobile Card through a Digital Wallet. We may impose an additional fee for using your Mobile Card through a Digital Wallet and will provide written notice of any such fees prior to the effective date of the additional fees to the extent required by law. PLEASE NOTE THAT A DIGITAL WALLET PROVIDER OR ANOTHER THIRD PARTY SUPPORTING A DIGITAL WALLET PROVIDER MAY CHARGE A FEE FOR USING YOUR MOBILE CARDS IN A DIGITAL WALLET. Your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees, or other charges for your use of a Digital Wallet.
   
   As a condition to using your Card in connection with a Digital Wallet, you consent to receiving from us notifications and automatically dialed calls or text messages on your devices and phones, including at the phone number you provide. If at any time you revoke this consent, we may suspend or cancel your ability to use your Card in connection with a Digital Wallet.
   
   
5. Suspension or Cancellation of Digital Wallet Service
   
   We reserve the right, in our discretion, to discontinue offering or supporting any Mobile Card and/or any Digital Wallet Service. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Mobile Card at any time without notice and for any reason, including if you violate the terms of this Agreement or the Deposit Account Agreement, if we suspect fraudulent activity, or as a result of the cancellation or suspension of your Card or the closure of your Account. You agree that we will not be liable for any block, suspension, cancellation, or termination of your use of any Mobile Card or Digital Wallet Service. You may remove a Mobile Card from your Digital Wallet by following the instructions provided to you by your Digital Wallet provider.
   
   
6. Your Responsibilities When Using a Digital Wallet
   
   If you want to add a Card to your Digital Wallet, you agree to follow the procedures adopted by your Digital Wallet provider and any further procedures we may adopt.
   
   If you enroll your Card in a Digital Wallet Service and your Supported Digital Wallet Device is lost or stolen, or if you have reason to believe that your Supported Digital Wallet Device has been compromised, including that of your fingerprint or facial reader, PIN, or other access credential, you agree to contact us IMMEDIATLY so that we can take action to disable your Card. You are also responsible for notifying your Digital Wallet provider if your Supported Digital Wallet Device is lost or stolen. We are not responsible for and are unable to disable your Supported Digital Wallet Device or Digital Wallet.
   
   Given that your Supported Digital Wallet Device and Mobile Cards can be used like a Card to make purchases, you must notify us in accordance with Section VIII in the event your Supported Digital Wallet Device is lost or stolen with the same urgency as if your physical Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Card, whether or not that use was through a Digital Wallet Service. If you get a new Supported Digital Wallet Device, you must also delete all your Mobile Cards and other personal information from your prior Supported Digital Wallet Device.
   
   You are solely responsible for maintaining the confidentiality of your user IDs and passwords, your device passwords, and any other access credentials and means that you may use to access a Digital Wallet Service on your Supported Digital Wallet Device. If you share these credentials with anyone, that person may be able to use your Digital Wallet to make purchases or obtain access to your personal and payment information available through a Digital Wallet Service. You agree to safeguard your Supported Digital Wallet Device at all times and not leave it unattended.
   
   Your Digital Wallet and Supported Digital Wallet Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of your Digital Wallet provider. You agree not to disable any of these security features and to use these security features and procedures to safeguard all of your Mobile Cards.
   
   You are not permitted to, and agree not to, use mobile devices which have been unlocked in an unauthorized fashion (i.e. “jail-broken”) or otherwise modified to use a Digital Wallet Service.

XI. GENERAL TERMS

1. Confidentiality
   
   We will disclose information to third parties about your Account, Card, ATM Card, and/or the transfers you make: (1) where it is prudent to complete transfers; (2) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; (4) in connection with examinations by state and federal banking authorities; (5) to provide information to the legal representative or successor of a deceased co-owner for the period during which the deceased had an interest in your Account; (6) to report the involuntary closure of your Account; (7) when disclosure is prudent to protect you, your Account, or our interests;  (8) if you give us written permission; (9) in our discretion, so long as such disclosure is consistent with our obligations under Regulation P and any other applicable laws and regulations; and/or (10) in compliance with Bank’s Privacy Policy in effect at the time of disclosure.
   
   
2. Termination or Suspension for Failure to Comply with Agreement
   
   You agree to comply with this Agreement, as it may be updated from time to time. If you fail to comply with this Agreement, the Bank may terminate or suspend Card or ATM Card services or terminate this Agreement.
   
   
3. Voluntary Termination of Card and/or ATM Card Services by You or Us
   
   If at any time you wish to terminate your Card or ATM Card services, please contact us by phone at (866) 246-2400 or visit your nearest Bank branch. You understand that this Agreement and any and all privileges to use your Card, ATM Card, and their features may be modified, suspended, terminated, or cancelled by the Bank, in our discretion, at any time without notice to you. Following termination of Card and/or ATM Card services, in order to prevent fraud and protect your information, you agree to promptly destroy the Card and/or ATM Card, as applicable, or return the Card and/or ATM Card to us. Except as otherwise provided in this Agreement, you agree to be solely responsible for all Card and ATM Card transactions made prior to the termination of Card or ATM Card services. You understand, as a Cardholder, that you do not own the Card and/or ATM Card. When requested to do so, you agree to surrender the Card and/or ATM Card to us.
   
   
4. Responsibility for Card and/or ATM Card Use
   
   You understand that you are responsible for the use of all Cards and/or ATM Cards issued to you, and you will not allow unauthorized persons to use your Card and/or ATM Card. Subject to the provisions of this Agreement, you assume responsibility for all transactions arising from use of your Card and/or ATM Card, whether such use is with an ATM, banking terminal, electronic funds transfer device, any debit program, or any other means of access. If you have authorized another person to use your Card and/or ATM Card in any manner, that authorization shall be deemed to include the authorization to make withdrawals or transfers of funds to or from your Account. Use of a Card and/or ATM Card via PIN with an ATM allows the Cardholder access to all Accounts associated with the Card and/or ATM Card and may include savings accounts. For your own protection and for the protection of the Bank, you agree to immediately notify the Bank as set forth herein if you discover that your Card and/or ATM Card has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission.
   
   
5. Fraud Alerts Program
   
   Your Card may be automatically enrolled in the real-time Fraud Alerts Program. If fraudulent charges are suspected, the Cardholder may receive a call, text, or email message from us. It is solely the Cardholder's responsibility to keep contact information current. Messaging or call frequency depends on Account activity. Message and data rates may apply. To cancel fraud text messaging services at any time, reply STOP to any alert from your mobile device. For Fraud Alerts support or information, reply HELP to any alert from your mobile device or call 1-866-795-9410. By giving us your mobile number, you agree that Fraud Alerts text messaging and calling is authorized to notify you of suspected incidents of financial or identity fraud. Alerts sent via SMS may not be delivered if phone is not in range of a transmission site, or if sufficient network capacity is not available. Even within coverage, factors beyond the control of the carrier and for which the carrier is not responsible may interfere with message delivery. There is no service fee for the Fraud Alerts Program; however, you are responsible for all costs incurred in relation to the Fraud Alerts Program. Neither the Bank nor Visa will be responsible for fees or costs you incur in receiving notifications through SMS messages to your mobile phone, the cost of obtaining a wireless carrier, an appropriate wireless data services plan, a compatible mobile device, and/or any SMS message fees charged by your mobile carrier. In addition, neither the Bank nor Visa will be responsible for fees or costs you incur in receiving notifications through email, accessing a personal computer, Internet-enabled phone, or other device used to receive emails, and/or associated costs charged by your internet service provider. This Fraud Alerts Program is provided for your convenience and alerts are not an official record for your Account.  We do not guarantee that we will detect all possible fraudulent transactions or that the alerts will be continuous, uninterrupted, or secure. We are not liable for losses or damages arising from disclosure of Card, ATM Card, or Account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the alerts sent. You acknowledge and agree that you are solely responsible for monitoring use of your Card and/or ATM Card and reporting any suspicious transactions as set forth herein. You agree that we shall not be liable for failure to alert you to any fraudulent transaction. We may amend or terminate the Fraud Alerts Program at any time, in our discretion, and without prior notice.
   
   
6. Illegal Transactions
   
   You agree that you will not use your Card or ATM Card for any illegal transaction. You agree that it is your sole responsibility to ensure the legality of a transaction. You acknowledge and agree that the Bank has no obligation to monitor, review, or evaluate the legality of your use of your Card and/or ATM Card. You agree that you are solely responsible to pay for any Card and/or ATM Card transaction that you authorized, even if that transaction is determined to be illegal.
   
   
7. Modification of this Agreement
   
   We may update the terms of this Agreement by amending, adding, or deleting terms. We will send written notice of any adverse change to the terms of this Agreement prior to the effective date of the adverse modification and as required by law, unless it is necessary that the modification be effective immediately in order to maintain or restore the security of your Account. Such written notice will be mailed to your last known address on record with the Bank, sent electronically if you have consented to receive such notices electronically, or provided alongside the periodic statement for your Account. Notice is effective at the time it is sent by us. By using your Card or ATM Card, or authorizing any other party to use your Card and/or ATM Card, after the effective date of such modification to this Agreement, you accept and agree to such modification to the Agreement. No modification to this Agreement shall be effective unless accepted or authorized by the Bank in writing.
   
   
8. Assignment of this Agreement
   
   Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. This Agreement is personal to you, and you may not transfer or assign any of your rights or duties under this Agreement at any time.
   
   
9. No Warranties; Limitation of Liability
   
   WE MAKE NO WARRANTIES TO YOU OR ANY CARDHOLDER, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE FOREGOING, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCLUDING electronic fund transfers that debit or credit a Consumer Account and are subject to REGULATION E AND SUBJECT TO THE LIMITATIONS ON LIABILITY SET FORTH IN SECTION V OF THIS AGREEMENT, NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT BANK SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGE ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREIN. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL BANK BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSQUENTIAL, OR INCIDENTAL DAMAGES.
   
   
10. Entire Agreement
    
    This Agreement supplements any other agreements or disclosures related to your Card and/or ATM Card and Account(s), including the Deposit Account Agreement. If any provision or part thereof in this Agreement is held to be invalid, illegal, void or unenforceable, then this Agreement shall be deemed automatically modified to the extent necessary to (1) make such provision or part thereof valid, legal, and enforceable and (2) as closely as possible maintain and accomplish the original intent of the provision or part thereof in question. The remaining provisions, or other parts or applications of such provision, in this Agreement shall not be affected and shall remain in full force and effect.
    
    
11. Arbitration, Waiver of Class Actions, and Waiver of Jury Trial
    
    The resolution of any dispute or claim between you and us (including ones arising out of or relating in any way to this Agreement or your use of a Card, ATM Card, or Mobile Card) shall be governed by the arbitration provision in the Terms and Conditions governing your Account in effect when you or we commence arbitration or litigation of the claim.  If the Terms and Conditions governing your Account have been terminated, the arbitration provision in your final Terms and Conditions shall apply, except that you also may choose to arbitrate under the terms of any newer Terms and Conditions applicable to current Accounts.  The current Terms and Conditions for Consumer Accounts is available online at https://simmonsbank.com/terms-and-conditions/personal-terms-and-conditions, and the current Terms and Conditions for business and commercial Accounts is available online at https://simmonsbank.com/terms-and-conditions/business-terms-and-conditions.  If you validly opted out of the arbitration provision in your current Terms and Conditions governing your Account, this arbitration provision does not apply to you.
    
    You hereby irrevocably and unconditionally consent to the jurisdiction of the federal and state courts in Arkansas.  To the extent a dispute or claim arising out of or related in any way to this Agreement or your use of a Card or ATM Card is not resolved through arbitration, you and we hereby agree that any action or proceeding involving any such dispute or claim must be brought in a state or federal court of competent jurisdiction located in Arkansas.  You hereby waive any objection to laying venue in the aforementioned courts, as well as any objection that the aforementioned courts are an inconvenient forum or do not have jurisdiction over you.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THE CARD OR ATM CARD.

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