Terms and Conditions

1 / 26ELITE FINANCIAL PRIVATE BANK GENERAL TERMS AGREEMENT & DISCLOSURES EFFECTIVE NOVEMBER 6, 2023
PLEASE READ THIS DOCUMENT CAREFULLY

This Elite Financial Private Bank General Terms Agreement and Disclosures ("General Terms Agreement") is between you, as a current customer of Elite Financial Private’s services, accounts, or products (“you,” “your”) and Elite Financial Private Bank, N.A. (“Elite Financial Private,” “we,” the “Bank” or “us”). This General Terms Agreement dictates terms and disclosures applicable to any access to or use of Elite Financial Private’s services and products including banking/deposit, lending, and related financial products (individually, a “Elite Financial Private Service,” “Elite Financial Private Product,” or “Elite Financial Private Account,” collectively “Elite Financial Private Products”). This General Terms Agreement is also incorporated by reference into various Product Terms (defined below) associated with specific Elite Financial Private Products (as may be applicable to you). Further, all Elite Financial Private Products can have unique fees and Product Terms, Conditions, and Disclaimers (each a “Product Term” and collectively, “Product Terms”).

By providing an electronic signature or enrolling to this General Terms Agreement, you agree to the most current and updated General Terms Agreement. Further, by opening any Elite Financial Private Product or agreeing to any specific Elite Financial Private Product or Elite Financial Private Service for which the associated Product Terms incorporate this General Terms Agreement by reference, you agree to this General Terms Agreement (to the extent incorporated into those Product Terms) and our mandatory binding arbitration for any potential legal disputes. Further, by providing an electronic signature or enrolling or otherwise using one or more Elite Financial Private Products and not discontinuing your enrollment in one or more Elite Financial Private Products, you agree to the most current and updated Product Terms (defined below) related to those Elite Financial Private Products which you enroll in or use; you also agree to the most current and updated General Terms Agreement as incorporated into the Product Terms for your Elite Financial Private Products. In the event of a conflict with this User Agreement and any Product Terms, the terms and conditions of the Product Terms will govern and prevail.

This General Terms Agreement as well as all Product Terms are available to you at https://www.Elite Financial Privatemoney.com/policies/, or within the Elite Financial Private Mobile Application (the "Mobile App") or the Elite Financial Private Web Application (the “Web App”), collectively (the “App”).

THIS AGREEMENT CONTAINS A MANDATORY AND BINDING ARBITRATION PROVISION, SEE BELOW FOR MORE DETAILS.
2 / 26Table of Contents

A. Terms Applicable Only to Elite Financial Private Deposit Products Funds Availability Notice
B. General Terms Applicable to All Elite Financial Private Products Arbitration

Types of Electronic Funds Transfers Available Automated Clearing House (“ACH”) Transfers Mobile Check Deposit
Right to Set Off Assignment
Telephone Monitoring/Recording Customer Service
Backup Withholding
Privacy Policy and Confidentiality Modification and Termination
General Information and Governing Law. Waivers
Our Relationship With You Death or Incapacitation
Our Right to Restrict Your Account Necessary Adjustments
Legal Processes Affecting Accounts Account Inactivity and Dormant Accounts
Right to Receive Documentation of Electronic Funds Transfers
Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So Deposit Sweep Program
3 / 26A. Terms Applicable Only to Elite Financial Private Deposit Products
The following terms (Section A terms) are applicable only to your Elite Financial Private Products that are deposit products including demand deposit accounts and savings accounts. These terms are incorporated by reference into the Product Terms for any Elite Financial Private Products that are deposit products you may have now and/or in the future. See the Product Terms for your Elite Financial Private Products for more information.

1. Funds Availability Notice
Information contained in this section is provided to assist you in understanding our Funds Availability Policy in various Elite Financial Private Products.

We make funds available according to the type of deposit and when the funds are applied, or credited to your Elite Financial Private Products (as applicable). Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Elite Financial Private Products (as applicable), you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, Bill Pay transactions or transactions using your Debit Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your Elite Financial Private Products (as applicable), oris returned to us for any reason, you agree to pay us the amount of the returned item.

When Your Deposit is Received
We receive deposits Monday through Friday excluding federal holidays.

For electronic payments such as payroll direct deposits, deposits received and accepted for processing prior to 8:30 PM Mountain Standard Time (“MST”) on a business day are considered received as of the next business day. Otherwise, the deposits will be considered the work of the following business day. For example, a deposit received before 8:30 PM MST Monday is considered received on Tuesday. Any deposit received after 8:30 PM MST Monday and before 8:30 PM MST Tuesday is considered received on Wednesday.

For checks deposited through the App, deposits received and accepted for processing prior to 4:00 PM MST on a business day are considered received as of that business day. Otherwise, the deposits will be considered the work of the next business day.

Elite Financial Private does not accept checks for deposit via any channel other than through Mobile Check Deposit. Any checks received through any channel other than Mobile Check Deposit (such via U.S. Mail) will be returned to you through the U.S. mail, and we will not be liable for any checks that may become lost in the mail.
4 / 26Availability
The length of the delay in the availability of funds varies depending on the type of deposit and your past transactions. See Section B.4 “Mobile Check Deposit” for more information regarding the availability of deposits made through Mobile Check Deposit.

Longer Delays May Occur
We may delay availability for the full amount of funds deposited, including the first $225, up to the ninth business day after the day of your deposit under the following circumstances:

● We believe a deposited check will not be paid;
● You deposited checks totaling more than $5,525 in any one day;
● You redeposit a check that has been previously returned unpaid;
● Your Elite Financial Private Products (as applicable) have had a negative balance anytime in the last six

(6) calendar months;

● We experience an emergency, such as failure of communications or computer delays.

We will send an Electronic Notice informing you if your ability to withdraw funds is delayed for any reason including information on when the funds will be available. Generally, funds will be available no later than the ninth (9th) business day after the deposit is accepted for processing.

B. General Terms Applicable to All Elite Financial Private Products
The following terms (Section B terms) are applicable to all your Elite Financial Private Products. These terms are incorporated by reference into the Product Terms for all your Elite Financial Private Products that you may have now and/or in the future.
5 / 261. Arbitration
Any claim, dispute, or controversy ("Claim") between Elite Financial Private and you (each a “Party” and together “Parties”) arising out of or relating in any way to: i) this General Terms Agreement; ii) any Elite Financial Private Products provided by Elite Financial Private to you; iii) your establishment of any Elite Financial Private Products; iv) your use of any Elite Financial Private Products; v) advertisements, promotions or oral or written statements related to any Elite Financial Private Products; vi) the benefits and services related to any Elite Financial Private Products; or vii) transactions made using any Elite Financial Private Products, whether they arose in the past, may currently exist, or may arise in the future, no matter how described, pleaded or styled, shall be governed exclusively by this Arbitration Clause (the “Arbitration Clause”) which is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16) notwithstanding any state law to the contrary and regardless of the nature of the Claims at issue. All Claims must be filed within one year of the date on which the incidents giving rise to the Claim(s) first took place, otherwise such Claims are permanently barred.

Before starting a lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Claim and the supporting facts (the “Claim Notice”). The Claim Notice must be mailed to Elite Financial Private at: ATTN: Legal Department, at 333 H. Street Chula Vista, CA 91910. Please include your account number and phone number where you (or your attorney) can be reached. We will mail any Claim Notice to you at the physical address we have on file for you. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Claim on an individual basis.

Any unresolved Claim must be resolved FINALLY and EXCLUSIVELY by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (except for matters that may be taken to a small claims court). Further, if a Party brings a Claim in arbitration, the other Party may also remove that Claim to small claims court (or the equivalent court with jurisdiction over the Claim) if the amount at issue (exclusive of attorneys’ fees and costs if applicable law so provides) is properly within the jurisdiction of such court. In such case, the opposing Party must provide notice of intent to remove to small claims (or equivalent) court within 30 days after the arbitration demand is acknowledged by the AAA. In any event, if the Claim is removed, appealed or transferred from small claims (or equivalent) court to another court, it shall be subject to arbitration at the election of either Party. The Parties also reserve the right to demand arbitration if the small claims (or equivalent) court case contains any class or representative claims.

Arbitration will proceed on an INDIVIDUAL BASIS, so class actions and similar proceedings will NOT be available. The arbitrator shall have no authority to entertain any Claim as a class action or on any similar representative basis, nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants.

The arbitrator shall have the authority to award all remedies available in an individual lawsuit under applicable law, including, for example, compensatory, statutory and punitive damages6 / 26(which shall be governed by the same standards that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
7 / 26All determinations as to the scope, interpretation, enforceability and validity of the General Terms Agreement shall be made final exclusively by the arbitrator, which award shall be binding and Final; provided, however, the enforceability of the waiver of the right to bring a Claim on behalf of a class or in a representative capacity shall be determined exclusively by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction.

For a copy of the procedures, to file a Claim, or for other information about this organization, contact the association at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.

You may opt out of this Arbitration Clause for all purposes by mailing a written arbitration opt out notice to ATTN: Legal Department, 333 H. Street Chula Vista, CA 91910. via Certified U.S. Mail, Return Receipt Requested. The opt out notice will not be effective and you will be deemed to have consented to this Arbitration Clause unless the notice is received by us within 60 days of the date the Arbitration Clause was provided to you. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You must present the return receipt received from the U.S. Postal Service in the event there is a dispute over whether your opt out notice was sent, or whether it was sent and received in a timely manner, in accordance with this Arbitration Clause. No other methods can be used to opt out of this Arbitration Clause. Rejection notices sent to any other address, or sent by electronic mail or sent in a manner without return receipt proof of delivery or communicated orally, will not be accepted or effective. Opting out will not affect the other provisions of this Agreement. If you opt out of this Arbitration Clause, it will not operate to reject any prior or future Arbitration Clause between you and us.

UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS PROVIDED HEREIN, YOU ARE WAIVING THE RIGHTS TO (I) HAVE A CLAIM DECIDED BY A COURT (EXCEPT SMALL CLAIMS COURT); AND (II) ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT.

Elite Financial Private will pay any filing, administration, and arbitrator fees imposed by the AAA. Each Party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

Where applicable, if you are covered by the Military Lending Act, then you are not bound by this Arbitration Clause, and to the extent required by the Military Lending Act, nothing in this Agreement will be deemed a waiver of the right to legal recourse under any otherwise applicable provision of state or federal law.

This arbitration provision shall survive: i) the termination of this General Terms Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of any Elite Financial Private Products and Services, or any amounts owed in relation to any Elite Financial Private Products you use, to any other person or
8 / 26entity; or iv) closing of any Elite Financial Private Products offered to you. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Clause (except for this one sentence) shall be null and void in such proceeding.

2. Types of Electronic Funds Transfers Available
You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Elite Financial Private Products (as applicable). You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using your Elite Financial Private Products (as applicable) and bank routing numbers, directly from your Elite Financial Private Products (as applicable) subject to the established limitations on withdrawals and transfers. You may use a Elite Financial Private card to make purchases at merchants that accept Elite Financial Private cards or to obtain cash at ATMs (discussed in Product Terms, as applicable), complete Elite Financial Private to Elite Financial Private transactions (discussed in the Bank Account Agreement), and, subject to availability, or cash back at POS terminals (discussed in Product Terms, as applicable). For more information regarding what electronic funds transfers are available for each Elite Financial Private Product, see the Product Terms for your Elite Financial Private Products for more information.

3. Automated Clearing House (“ACH”) Transfers
Some Elite Financial Private Products can be used for preauthorized direct debits ("ACH Debits") from merchants, internet service, or other utility service providers ("Merchants") and for the purpose of initiating direct deposits to Elite Financial Private Products (“ACH Credits”). For more information regarding what transfers are available for each Elite Financial Private Product, see the Product Terms for your Elite Financial Private Products for more information. Any ACH Debits or ACH Credits are governed by these rules. These transfers will be processed under the Operating Rules of the National Automated Clearing House Association ("NACHA") and you agree to comply with the NACHA rules as applicable.

Limits on ACH Debit Transactions

Cut-off Time: The cut-off time for scheduling ACH Transfers is 6:30 PM Mountain Time the previous day. Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

ACH Debit Limits: The amount of funds that can be transferred from Elite Financial Private Products per day are described below, which Elite Financial Private reserves the right to modify as we deem necessary, including based on your account activity.
9 / 26Transaction Type
Frequency and/or Dollar Limits
ACH Debits initiated by merchants, utility service providers and other financial institutions
No limit to the number of times per calendar day

Limited to the available balance
ACH Transfers from Elite Financial Private account to another bank account you own*
Limits may be adjusted from time to time and will be disclosed to you when
you access the ACH Transfer feature using the App.
*Acceptance of ACH Transfers may vary by the receiving financial institution. To determine if restrictions apply, contact the bank where you wish to send funds prior to initiating an ACH Transfer.

Electronic Funds Transfer Services
The following terms are used to describe Electronic Funds Transfer ("EFT") services. "Automated credits", or “ACH Credits”, which are deposits made into your Elite Financial Private Products (as applicable) by electronic means. "Automated debits", "Automated payments" and “ACH Debits” indicate payments authorized by you to be made from your Elite Financial Private Products (as applicable) by electronic means.

By accepting ACH Credits or authorizing automatic payments/ACH Debits or transfers to or from any Elite Financial Private Account, you agree to these terms and conditions.

Your Elite Financial Private Products (as applicable) that allow ACH transactions are subject to the National Automated Clearing House Association (NACHA) rules and the Federal Reserve Electronic Funds Transfer Act. This means credit given by Elite Financial Private to you with respect to an ACH credit transaction received from your external bank is provisional until Elite Financial Private receives final settlement for such entry through the Federal Reserve Bank. If Elite Financial Private does not receive such final settlement, you are hereby notified and agree that Elite Financial Private retains the right to revoke the credit, chargeback, or otherwise obtain refund for the credit and is entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

Elite Financial Private is not required to give next day notice to you of receipt of an ACH item and Elite Financial Private may not do so. However, Elite Financial Private will continue to notify you of the receipt of payments in the periodic statements we provide to you. Your statement will show the date, amount, and description of each electronic funds transfer received. Your rights and obligations with respect to such payments shall be construed in accordance with the terms of this Agreement including choice of law as provided by NACHA, which are applicable to ACH transactions involving your account.
10 / 264. Mobile Check Deposit – NOT AVAILABLE

Description of Service and Consent
You can deposit checks to some Elite Financial Private Products (as disclosed in specific Product Terms) at no cost remotely using the App by taking a legible picture of the front and back of the negotiable check(s) and transmitting images of such instruments to us in compliance with our requirements ("Check Image(s)"). If the Check Image is accepted for deposit, we will notify you electronically. The Bank will then attempt to collect the item by presenting the image or converting the image into a digital representation of the original check ("Electronic Check"). Checks deposited via the App on any business day by 4:00 PM MST will be accepted or rejected by 11:59 PM MST of the following business day. Checks deposits will not be accepted by mail or by any other means other than the Mobile Check Deposit feature of the App.

Acceptance of Checks
We will determine your eligibility for Mobile Check Deposit and any limits on the dollar amount or number of deposits you may make, at our sole discretion. We may change, modify, add, or remove functionality from Mobile Check Deposit at any time for any reason including through a review of your activity with Elite Financial Private, with or without notice to you.

We will determine the manner in which Electronic Checks are cleared, presented for payment and deposited, at our sole discretion.

Funds Availability
Notwithstanding anything to the contrary in any agreement or representation between you and Elite Financial Private (including any Product Terms), by using Mobile Check Deposit, you agree that the deposits submitted using Mobile Check Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds from deposits made via Mobile Check Deposit generally are made available before the seventh business day following the day the deposit was accepted; however, we may release funds to you earlier (in full or in part) based on any other factors as determined by us in our sole discretion.

We may also, at our discretion, apply additional delays on the availability of funds based on any other factors as determined by us in our sole discretion. We may also return or refuse to accept all or any part of a deposit to your account using Mobile Check Deposit at any time and will not be liable for doing so even if such action causes outstanding checks or other debits to your account to be dishonored and returned.

Finally, you are hereby notified and agree that Elite Financial Private retains the right to revoke credit, charge back, or otherwise obtain refund for any credit made to you with respect to any Mobile Check Deposit in the event Elite Financial Private fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for that item submitted through Mobile Check Deposit.

Prohibited Checks
You agree that you will not scan and attempt to deposit any of the following:
11 / 26Endorsement Requirements
You will endorse any check or other item submitted for deposit exactly as it was made payable to you. You warrant that all endorsements on items deposited to the Bank Account are genuine. If you fail to do this, you may be required to reimburse us for losses incurred. For any check deposited as a Check Image through Mobile Check Deposit, you must endorse the check by signing or stamping the back and writing “For Mobile Deposit Only at Elite Financial Private" or as otherwise instructed by us before you take a picture of the check. In the absence of endorsement, you authorize us to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.

Accountholder's Warranties
You will comply with all applicable rules, laws and regulations. Each time you use Mobile Check Deposit, you also make all the warranties set forth in and subject to the terms of the Uniform Commercial Code ("UCC") for the image as if it were an item subject to the terms of the UCC. You make the following warranties and representations with respect to each image of an original check you transmit to you using Mobile Check Deposit:

1. Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check (at the time it was transmitted), without any alteration, and the drawer of the check has no defense against payment of the check.
2. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
3. You are only transmitting eligible checks and items you are entitled to endorse.
4. All checks and items include all signatures required for their negotiation.
5. You are using Mobile Check Deposit only for your own deposits and have not allowed the use of Mobile Check Deposit for the benefit of any third party.
6. Other than the digital image of an original check that you remotely deposit through Mobile Deposit, there are no other duplicate images of the original check.
7. You have possession of each original check deposited using Mobile Check Deposit.
8. You have ensured that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
9. You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
10. The information you provided for your Bank Account remains true and accurate; and, in the event any such information changes, you will immediately notify us of the change.
11. You have communicated material information to us.
12. Files and images transmitted to us contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Further, you agree that with respect to each image of an original check you transmit using Mobile Check Deposit:

1. You will not deposit, re-present, negotiate, seek to negotiate or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic

Terms and Conditions

Return and Refund Policy