Accounts

By using the external transfer feature, you represent and warrant to the Institution that you have the right to authorize external transfers between accounts that you own at the Institution as well as the other bank, and you are not violating any third-party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize the Institution to use information submitted by you to facilitate external transfers.

YOU ACKNOWLEDGE AND AGREE THAT WHEN LEXICON BANK IS EXECUTING AN EXTERNAL FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, LEXICON BANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3)

ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY OTHER FINANCIAL INSTITUTIONS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Electronic Communications

A.

The Institution regards your privacy and security with the utmost importance and is committed to safeguarding any information that you share with us. In order to provide the external funds transfer feature, we must obtain certain personal information about you, your accounts, and your transactions (referred to herein as "User Information"). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy policy. You can see a full description of our privacy policy on our website.

Contact in the Event of Unauthorized Transfer

If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call: 702-780-7700 or e-mail us at customerservice@lexiconbank.com or write to Lexicon Bank, 330 S Rampart Blvd Suite 150, Las Vegas, NV 89145.

Consumer Liability

You agree to notify the Institution AT ONCE if you identify unauthorized external funds transfers or if your password has been lost or stolen. You can see a complete statement of all your funds transfers affected or pending at any time by clicking on the History tab within consumer internet banking. If your statement shows transfers that you did not make, notify the Institution AT ONCE. If you contact the Institution within 2 business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell the Institution within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told the Institution, you could lose as much as $500. If you do not tell the Institution within 60 days after the transfer was posted to your statement, you may not get back any money you lost after the 60 days, if the Institution can prove that we could have stopped someone from taking the money if you had told us in time.

Business Days

The external funds transfer feature will process requests for transfers on business days. Our business days are Monday through Friday. External transfers created after 4 PM PST are considered to occur on the next business day. State and Federal Holidays are not included.

Types of Transfers

External funds transfers can be between accounts at the Institution and other financial institutions. You may transfer funds externally between any two of your accounts about which you have provided the necessary information to initiate and complete an external funds transfer.  External funds transfer may not be available at all times. The Institution may from time to time make available additional or new features. You will be approved or declined for any such additional service at the Institution’s sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any external funds transfers from your Accounts. The Institution may at any time decline to effect any external fund transfers where we have been unable to verify account ownership or where we believe it may violate applicable law.

Fees

There is no fee for using the External Funds Transfer service.

Dollar Amount of Transfers

For security reasons, the Institution has established limits on the amount of funds that can be transferred via External Transfers. External Transfers where funds are transferred from or to your Lexicon Bank account are limited to $10,000 per transaction and $10,000 in aggregate per day. We reserve the right to change your External Transfer dollar limit at any time. If we decrease the dollar limit, we will notify you as required by law, but we may not notify you if we are restricting your transfer limits for security purposes or because of excessive overdrafts to your Lexicon Bank account.

When you initiate an External Transfer from your account at another Financial Institution (FI) to your Lexicon Bank account, you are initiating an ACH debit transfer to your external account and a corresponding credit to your Lexicon Bank account. These credits will be available for withdrawal on the second business day after receipt.

It may take up to three business days for an External Transfer you initiate to be received into your account.

Transfers subject to the Rules of the Accounts

External funds transfers are also subject to the rules and regulations governing the related accounts. You agree not to effect any external funds transfers from or to accounts that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.

Rejection of Transfers

The Institution reserves the rights to decline any funds transfer requests, to submit funds transfer instructions or orders, to cancel funds transfer requests, or to carry out change or cancellation requests initiated by you.

Authorization

You authorize the Institution to select any means to execute your external funds transfer instructions. You understand that to affect your external funds transfer instructions, the Institution utilizes the Automated Clearing House (ACH) and follows the applicable ACH Rules. If you are performing external funds transfer to transfer funds from another financial institution to the Institution, a three day hold will be placed on the amount of the transfer once it is posted to your account at the Institution.  These funds will not be available to you until after the third business day following the posting of the external funds transfer to your account. If the aforementioned external funds transfer is returned by the other financial institution, the Institution will charge your account and or other accounts owned by you at the Institution for either the entire or a portion of the amount returned. We reserve the right to resubmit the entire dollar amount or a portion of the aforementioned transaction to the other financial institution based upon the reason for the return. You understand there may be a fee associated with such collection imposed by the other financial institution. You understand and agree that the Institution may impose additional charges in connection with your external funds transfer transactions. In the event there is an additional charge, the Institution will notify you of such fee in advance of the transaction. You understand and agree that in the event the Institution is unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

Suspension and Reinstatement of Funds Transfer Service

If the Institution incurs a problem with your use of the external funds transfer feature where we cannot collect with respect to any of your funds transfers as described above, we reserve the right to suspend your right to use the external funds transfer feature. You understand and agree that such action is reasonable for the Institution to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your external funds transfer service by e- mailing the Institution at customerservice@lexiconbank.com or calling 702-780-7700. The Institution reserves the right at our discretion to grant or deny your reinstatement of external funds transfer privilege. In the event your external funds transfer privileges are reinstated, the Institution reserves the right to lower your per-transaction and monthly dollar limits. Based upon your subsequent usage of external funds transfer, the Institution at its sole discretion may restore your daily and monthly limits (see "Dollar Amount of Transfers," above).

Documentation

You may access a statement of all external funds transfers completed or pending at any time by clicking on the history tab within consumer internet banking. If an external funds transfer could not be completed, depending on the reason for its failure, you will receive either an automated e-mail alert from the Institution or we will notify you to contact the other financial institution. Upon notification from the other financial institution that the external funds transfer has failed, the Institution will make a reasonable effort to complete the transfer again before contacting you.

Your Responsibility for Errors

You understand that the Institution must rely on the information provided by you to establish an external transfer and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to execute an external funds transfer instructions on your behalf. You understand that financial institutions receiving the external funds transfer instructions may rely on such information as well. Besides transmitting the initial small dollar test transactions when a new external transfer is established by you, the Institution is not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide the Institution with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, the Institution reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

In case of errors or questions about your funds transfers, telephone us at 702-780-7700 or send us an e-mail at customerservice@lexiconbank.com or mail us at Lexicon Bank, 330 S Rampart Blvd Suite 150, Las Vegas NV 89145. You should contact the Institution as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You can see a complete statement of all your external funds transfers completed or pending at any time by clicking on the history tab within consumer internet banking. The Institution must hear from you no later than 60 days after we sent you the FIRST statement on which the problem appeared.

1. Tell us your name, and the account number of the Account to which the error relates.

2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, the Institution may require that you send us your complaint or question in writing within 10 business days. The Institution will determine whether we committed an error within 10 business days after we hear from you and will correct any error promptly. However, if the Institution needs more time, we may take up to 45 days to investigate your complaint or question. If the Institution decides we need more time to complete the investigation, we will credit or debit the applicable accounts within 10 business days for the amount you believe is in error, so that you or your intended recipient will have use of the money during the time it takes us to complete our investigation. If the Institution asks you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable accounts. For new accounts, the Institution may require 20 business days to credit your account for the amount you think is in error. The Institution will tell you the results of our investigation within three business days after it’s completion. If the Institution determines that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. The Institution is not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the account of your recipient. Although the Institution will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

Proprietary Rights

You acknowledge and agree that the Institution and/or our service provider owns all rights in and to the external funds transfer feature. You are permitted to use the Service only as expressly authorized by this Agreement.

No Unlawful or Prohibited Use

As a condition of using external funds transfer, you warrant to the Institution that you will not use this feature for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You may not obtain or use external funds transfer to obtain any materials or information through any means not intentionally made available or provided for through this feature. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

Service Changes and Discontinuation

The Institution may modify or discontinue the external funds transfer feature associated with your account, with or without notice, without liability to you, any other user or any third party. The Institution reserves the right, subject to applicable law, to terminate your account and your right to use the external funds transfer feature at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the terms of this agreement or the rights of the Institution, or if you provide us with false or misleading information. The Institution reserves the right to charge a fee for the use of the external funds transfer feature and any additional services or features that we may introduce. If the Institution decides to begin charging a fee for external funds transfers, we will notify you by mail or electronically prior to enacting the fee. You understand and agree that you are responsible for paying all potential fees associated with the use of external funds transfer. You may terminate this service at any time by calling 702-780-7700 or by e-mailing customerservice@lexiconbank.com.

Security Procedures

You understand that the financial institution at which an account is maintained may contact the Institution to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, the Institution may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure at the other financial institution according to their rules governing such account.

Deviating from Security Procedures

You agree to allow the Institution to authorize any financial institution at which you have an account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed upon from time to time between you and such financial institution, or between the Institution, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by the Institution on your behalf. In addition, you agree that the Institution may authorize such financial institutions to charge and debit your accounts based solely on these communications.

Account Number Policy

If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that the Institution has no responsibility to investigate discrepancies between names and numbers.

Joint Account Holder

When creating or executing an external funds transfer, you confirm that, if any of your accounts is a joint account, your joint account holder has consented for you to use your accounts for the external funds transfer service.

Means of Transfer

You authorize the Institution to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). The Institution shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period (for incoming or outgoing transfers) and any interest that is earned will be the property of the Institution.

The Institution's Liability

If the Institution does not provide an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. The Institution is not responsible or liable if you or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, the Institution shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Lexicon Bank hereunder.

1. • You agree that your transfer instructions constitute authorization for us to complete the transfer.

   • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the external funds transfer service.

   • You understand and agree that the Institution is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.

1. • You also understand and agree that the Institution is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from executing an external funds transfer if you knew about the incident prior to initiating the external funds transfer order.

Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT THE INSTITUTION’S EXTERNAL FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS" EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA, EXCEPT AS EXPRESSLY SET FORTH ON THE INSTITUTION’S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY THE INSTITUTION FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EXTERNAL FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless the Institution, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the external funds transfer service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your external funds transfer account, of any intellectual property or other right of any person or entity.

Miscellaneous

You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the external funds transfer service; and that you are rightfully authorizing us to access the accounts. You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on the Institution’s liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. The Institution's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of the Institution’s right to subsequently enforce such provision or any other provisions of this Agreement. The most current version of this Agreement as it appears on our website, including any amendments that the Institution may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the external funds transfer service. This Agreement may be amended, or any of the Institution’s rights waived, only if the Institution agrees in writing to such changes, or you continue using the external funds transfer service following receipt of notice of any changes proposed by the Institution. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through consumer internet banking at the Institution’s discretion. Notices to the Institution must be made in writing and shall be sent by e-mail or conventional mail to Lexicon Bank, 330 S Rampart Blvd Suite 150, Las Vegas NV 89145. This Agreement is personal to you and you may not assign it to anyone. If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

This Agreement shall take effect immediately upon the acceptance of your application for the external funds transfer by us.