Effective as of October 19, 2026

CUSTOMER SERVICE:

Phone: 1 (800) 716-6997

Live Customer Support Agent Hours:

• 7am - 11pm Eastern, Monday - Friday
• 8am - 7pm Eastern, Saturday - Sunday

Interactive Voice Response Hours:

• 6am - 12am Eastern, Monday - Friday
• 8am - 7pm Eastern, Saturday - Sunday

Mail: Greenlane.ai, LLC, 110 W. Escalones, Suite B, San Clemente, CA 92672

Email: Help@8tkpay.com

Please read this carefully and retain it for future reference. This 8TK Business Deposit Account & Cardholder Agreement (the “Agreement”) is revised periodically and may change from time to time in accordance with Section 7(F) below.  We may also refer to the Agreement as the “Account Agreement” in the Greenlane or 8TK mobile application (the “App” or “Mobile App”) or www.8tkpay.com (the “Website”).

This Agreement contains the general terms, conditions, and disclosures related to the demand deposit account (the “8TK Business Deposit Account” or “Account”) made available and issued by First Bank of the Lake (the “Bank”), a Missouri state-chartered bank and member of the Federal Deposit Insurance Corporation (“FDIC”), in partnership with Greenlane.ai, LLC dba 8TK (“Greenlane”, “8TK”, or “Program Manager”), the program manager and the Bank’s service provider. All banking services described in this Agreement are provided by First Bank of the Lake.

You acknowledge that you have received and reviewed the E-SIGN Consent Agreement, ACH Authorization Agreement, First Bank of the Lake’s Privacy Policy, First Bank of the Lake’s California Consumer Privacy Notice, the NACHA Operating Rules, Greenlane’s Privacy Policy, 8TK Reward Terms & Conditions and the 8TK Terms of Service. By providing an electronic signature or by opening, maintaining, or continuing to use an Account with us, You agree to be bound by the terms and conditions set forth herein, together with the most recent version of this Agreement, which can be accessed from the App or the Website. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any other agreement between you and Greenlane (with the exception of the E-SIGN Consent Agreement), the terms of this Agreement shall control.

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 8 BELOW) REQUIRING ALL CLAIMS (EXCEPT CLAIMS ELIGIBLE FOR SMALL CLAIMS COURT) TO BE RESOLVED BY WAY OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS OR REPRESENTATIVE ACTIONS OF ANY KIND.

Definitions

“You” (or “Your”) means each Account Owner and anyone else with authority to exercise control over the Account, including authorized signers.

“Account Owner” means the individual or the entity that has qualified for and established one or more Account(s).

“Authorized User” means any designated person authorized by the Account Owner to conduct transactions on the Account on an Account Owner’s behalf.

“Beneficial Owner” is an individual who has a direct or indirect ownership share of 25% or more of the business.

“Business Days” are Monday through Friday, excluding federal holidays, and any other days on which we are permitted or required to be closed. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

“Card” means a physical or virtual 8TK Money Visa® Business Debit Card which is issued by First Bank of the Lake in the name of the Cardholder for carrying out all Card Transactions from an Account held with Greenlane, as provided for in this Agreement. Visa is a trademark owned by Visa International Service Association and used under license.

“Cardholder” means the Account Owner or Authorized User in whose name a Card is issued.

“Card Transactions” mean any payment made for goods or services, cash withdrawals from a bank or financial institution (including ATM withdrawals) or transfer of funds made through the use of the Card or the Card number.

“Controlling Manager” means an individual with significant responsibility to control, manage, or direct business decisions for the business.

“ NACHA Operating Rules” means the comprehensive operating rules that govern the U.S. Automated Clearing House (ACH) network. They define the roles, responsibilities, and risk management requirements for financial institutions, third-party service providers, and originators to ensure efficient and secure transactions.

“PIN” means a personal identification number.

“We”, “our”, and “us” mean the Bank, our successors, affiliates, assignees, agents, or service providers.

1. Description of Your Account

A. The Account

The Account consists of a business deposit account, which can be used to make payments and transfers to third parties online or through the use of the Card that is issued with the Account. The Account is not interest-bearing, has limited deposit functionality, and does not accept cash deposits, money orders, or check deposits. In addition, the Account does not provide check writing capabilities to make payments from the Account. The Account may only be funded through electronic transfers, such as by ACH, wires, or internal transfers from linked accounts.

The Account is not a prepaid account or credit product.

You agree to pay the fees as shown on the Fee Schedule.

You will be able to use the App to view the available balance in your Account. Funds associated with your Account that are in transit and have not settled with us may not be available for withdrawal or otherwise until the funds settle with us. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. Please see Section #2.D below for maximum balance restrictions and transaction limitations.

8TK Money Membership Program

An “8TK Money Membership” is required to open and maintain an Account, and Greenlane charges an annual membership fee associated with this membership.

The 8TK Money Membership program is a tiered membership program offered in connection with the Card which includes access tier-specific Card features, benefits, and rewards.

See the 8TK Terms of Service for details about the 8TK Money Membership Program, the available tiers, and associated fees.

Rewards Program

Bank and Greenlane reserve the right to offer rewards, incentives, or other promotional benefits in connection with your Account. Any such rewards will be subject to separate terms and conditions, which may be modified or terminated at any time at our discretion. By participating in any rewards program, you agree to the applicable rewards terms and conditions governing eligibility, accrual, redemption, and other program requirements.

See the 8TK Reward Terms & Conditions for details about the rewards applicable to the Account.

B. Opening an Account

You may submit an application to open an Account by using Greenlane’s Mobile App.

We may use information from third parties to help determine if we should open your Account. We have sole and absolute discretion in determining whether to open your Account.

C. Account Requirements and Prohibited Activities

Only United States Entities are eligible for an Account. Companies registered outside the United States, as well as consumers and unincorporated partnerships, are not permitted to use, or attempt to open or use, an Account.

Beneficial Owner(s) and/ or the Controlling Manager that are US citizens or lawful permanent residents, 18 years of age or older, who can form a legally binding contract, and have a valid residential address in the United States can use our Services. We may impose other restrictions as well.

Your Account and Services may only be used for business or commercial transactions. Your Account and Services may not be (a) used for any purpose that is unlawful or prohibited by this Agreement, including the purchase of goods or services prohibited by applicable laws or regulations; (b) used for any personal, family, or household use; (c) provided to or used for the benefit of an individual, organization, or country that is blocked or sanctioned by the United States, including those identified by the United States Office of Foreign Asset Control (OFAC); (d) used by unaffiliated third parties; (e) used for illegal activities or any prohibited activity as defined by us; or (f) used for any other activities not for the benefit of the Account Owner.

We will not approve and may close Accounts that we know or believe are engaged in any of the prohibited activities or other restricted categories as determined by us in our sole discretion. Where an Account Owner may be engaged in restricted activities as defined by us, we may require that you provide additional information to open or maintain your Account. We may update the list of prohibited or restricted activities at any time and from time to time. You agree to review this regularly and contact us with any questions you have about how this list may apply to your business.

We may suspend or terminate access to your Account or Services if we believe in our sole discretion that this section was violated, if we believe you are engaged in fraudulent activities or creating an undue risk to us or others, or to comply with applicable laws or regulations.

By agreeing to this Agreement, you, as the natural person opening the Account, hereby certify to the best of your knowledge that the beneficial ownership and control information and any other information provided in connection with your application for the Account is complete and correct, and you agree to immediately notify the Bank of any changes to this information.

D. Account Restrictions

Your Account is subject to eligibility requirements and use restrictions established by us. Certain customers, transactions, industries, activities, and geographic locations are not permitted due to legal, regulatory, sanctions, anti-money laundering, or risk management requirements.

A current list of restricted or prohibited customers, industries, activities, and geographies (the “Restrictions”) is incorporated into this Agreement by reference and is available on Greenlane’s website at www.8tkpay.com/prohibited-and-restricted-list.

We may update the Restrictions from time to time. Updates are effective when posted. If your Account or activity violates the Restrictions, we may decline transactions, restrict or suspend your Account, or close your Account in accordance with this Agreement and applicable law.

E. Statements

We may make periodic account statements available to you electronically. Each statement will include information about deposits, withdrawals, card transactions, fees, and other activity on your Account.

You agree to promptly review each statement and notify us of any errors, unauthorized transactions, or discrepancies. Your rights and responsibilities for reporting and resolving errors—including unauthorized electronic fund transfers—are described in the “Errors or Questions and How to Contact Us” of this Account Agreement (Section 2.F). Failure to notify us within the required timeframes described in that section may limit your ability to recover funds.

F. Electronic Communications

To the fullest extent permitted by law, you must consent to accept electronic communications, rather than paper communications. Your consent to receive electronic communications means you shall receive electronic delivery of all account communications (such as periodic account statements, end-of-year tax forms, disclosure statements governing the use of Your Account, letters, notices, and alerts regarding Your Account and any changes to Account services, and other account communications required by applicable law), instead of receiving such communications in paper form. You must provide us, and continue to maintain with us, valid contact information, including a valid e-mail address, to which we may send certain electronic communications to you and other communications.

By accepting and agreeing to receive electronic communications, you represent that: (1) you have read and understand this Section 2(G) regarding consent to electronic communications, and have the necessary hardware and software to receive communications electronically; (2) you wish to enter into this Agreement electronically and agree to receive communications electronically on the Website or in the App, or, in our sole discretion, electronically to the email address you have provided to us; (3) you understand all communications provided to you in electronic format are deemed to have been in written form; (4) agree that your consent will remain in effect until it is withdrawn.

You may withdraw your consent to receive further communications electronically at any time by contacting us through the customer service contact information listed in the preamble of this Agreement. If you revoke your consent to receive electronic communications from us, your Account will be closed and you will accept sole liability resulting from the closing of your Account. We will return the funds to you by ACH transfer to your linked Bank Account. Any withdrawal of consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal request. Your withdrawal of consent will not apply to any communications electronically sent to you before your withdrawal request has been processed.

G. Important Information About Procedures for Opening a New Account

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.

WHAT THIS MEANS FOR YOU: This means that when you open an Account or use our services, we will ask for information that allows us to identify you, including the names, addresses, dates of birth, and other information concerning each Beneficial Owner and Controlling Manager.

We may also ask to see a copy of each Beneficial Owner’s and Controlling Manager’s driver’s license or other identifying documents. You are responsible for notifying us of any changes to the certified beneficial ownership information of the legal entity customer that was provided to us. Notice should be made as soon as practicable upon a change to the beneficial ownership information in a form and manner acceptable to us.

We may also ask for your business’s legal name, EIN, legal address, state of incorporation, and other information that will allow us to identify your business. We may also require proof of legal formation such as articles of incorporation, partnership agreement, fictitious business name registration (DBA) or other such business formation documents to add a business name to your Account, as well as the percentage of ownership of the Beneficial Owner(s).

Even if you have been an existing customer of ours, we may ask you to provide this kind of information and documentation because we may not have collected it from you in the past or we may need to update our records.

If, for any reason, any owner is unable to provide the information necessary to verify their identity, the Account(s) may be blocked or closed, which may result in additional fees assessed to the Account(s).

You are responsible for the accuracy and completeness of all information supplied in connection with your Account and for keeping your personal data with us updated.

H. FDIC Deposit Insurance

The funds in your Account are held at First Bank of the Lake, Member FDIC. Those funds are eligible for FDIC deposit insurance up to the applicable limits and subject to applicable FDIC rules. Such coverage is subject to aggregation of all of your deposits held at Bank. Deposits will not be FDIC insured until we receive the funds even if we make the funds available to you prior to receipt as described in Section 4 below.

For further information about deposit insurance generally, you may write to the FDIC at 550 17th Street, N.W., Washington D.C. 20429, telephone the FDIC’s toll-free hotline at 877-275-3342, or visit its website at www.fdic.gov.

I. Death or Incapacitation

You agree that your appointed party, designee, or appointed individual shall notify us promptly if any person with signatory rights on your Account dies or is adjudicated incompetent by a court of competent jurisdiction. We will continue to accept deposits and process transaction instructions into and from your Account until we: (i) receive notice of the death or adjudication of incompetency and (ii) have a reasonable opportunity to act on such notice. You agree that, if you or anyone on your behalf authorizes any transaction, but it’s not presented for payment until after you die, we may pay or process the transaction on your Account for up to ten (10) days after the date of death unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account.

J. Bank’s Relationship with You

This Agreement and the deposit relationship do not create a fiduciary or agency relationship with the Bank or with the Program Manager.

K. Privacy Policies

First Bank of the Lake’s Privacy Policy is available at https://www.fblake.bank/privacy-policy/, and Bank’s California Consumer Privacy Notice is available at https://www.fblake.bank/privacy-notice-ca/. Each are considered part of this Agreement. Greenlane’s Privacy Policy is available at www.8tkpay.com/privacy-policy.

By opening or maintaining the Account, you acknowledge that you have received and understand Bank’s Privacy Policy, Bank’s U.S. Consumer Privacy Notice, Moola’s Privacy Policy, and Moola’s U.S. Consumer Privacy Notice.

2. General Rules Governing the Account

A. General Provisions

The Account and your obligations under this Agreement may not be assigned by you. We may transfer or assign our rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither First Bank of the Lake nor Greenlane waives its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

B. Authorized Users

You are the sole authorized user of the Account and Card unless we expressly approve additional users. At this time, the Account and Card is intended for use by a single individual, and we do not permit additional authorized users, secondary cardholders, or delegated access.

You are responsible for maintaining the security of your login credentials, including User IDs, Passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Account, and any devices used to access the Account and Card. You may not share your credentials or permit any other person to access or use the Account or Card without our authorization. Neither the Bank nor Greenlane assumes responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of ours and/or your failure to follow or act on any notices or alerts that we may send to you.

Any activity conducted using your credentials will be deemed authorized by you. We may restrict or terminate the Account or Card if we determine that it is being accessed or used in violation of this section.

You are responsible for keeping your email address, telephone number, and other contact information up to date in order to receive any notices or alerts that we may send you.

C. Funding Your Account

Deposits to your Account may be made only in the form and manner that we permit at our sole discretion. All deposits must be made in U.S. Dollars.

You may not deposit funds in any ATM or at any of our Bank locations.

Funds deposited to your Account are available as described in the General Funds Availability Policy in Section #4 below.

Neither First Bank of the Lake nor Greenlane is liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

Funding Methods Prohibited:

• Cash – We do not accept deposits made in cash. You may not deposit cash at any of the Bank’s branch locations. If you mail a cash deposit, the cash will be sent back to the address we have for you on file, and the cash deposit will not be posted to your Account.
• Paper Checks – We do not accept deposits made by mail-in paper checks. All checks and money orders sent to the Bank or Greenlane for deposit will be destroyed, not returned to you and will not be posted to your Account.
• Foreign Currency – We do not accept deposits in foreign currency. Any deposits received in foreign currency or cash, will be sent back to the address we have for you on file and will not be posted to your Account.

Funding Methods Accepted:

• Transfers and Direct Deposit – Transfers originated in Greenlane’s Mobile App from external deposit accounts, as well as incoming ACH direct deposit and incoming wire transfers, are accepted.

All items deposited will be handled by us. We reserve the right to reject a deposit if it is made payable to Greenlane or First Bank of the Lake and contains no other information that might assist us in identifying the Account to which it should be deposited. We reserve the right to refuse any other type of deposit if we believe it is fraudulent, will not be paid, it is not made payable to the business only, or is otherwise suspicious in nature. We will not be held liable if such action causes outstanding items to be dishonored and returned or payment orders to be rejected. Refused deposits will be returned to you.

We may at any time refuse to accept any deposit at our sole discretion. If an item you deposit is returned as non-payable, we will debit your Account in the amount of the non-payable item and assess any fee we pay or loss we incur.

If funds are deposited or transferred into your Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section #2.I (No Overdrafts) and Section #2.J (Right to Set Off) below for more information about what could occur if your Account has a negative balance.

If your 8TK Account receives funds via Automated Clearing House (“ACH”) Transfers that you initiate from your external bank through Greenlane’s Mobile App or Website, then any credit to the Account for such funds will generally be available on or before the fourth (4th) Business Day after the funds settlement date. Additional holds may apply. The funds settlement date is the date that funds are deemed to be received by us. For the avoidance of doubt, any credit that you receive to your Account is provisional until we receive final settlement through a Federal Reserve bank or have otherwise received payment as provided under the Uniform Commercial Code, Section 4A-403(a), as adopted by the State of Missouri.

Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator. You will be able to view account activity, download statements and tax documents (if applicable) for at least ninety days after closure, but all other account functionality may be disabled.

D. Limitations on Frequency and Dollar Amounts of Transactions

From time to time, we may increase or decrease the limits or add additional limits to your use of the Account, including the Card, in their sole discretion without notice to you except as required by applicable law, for security, risk or other reasons. Your Account limits can be found in the table below.

*Third Party money transfer services used to send funds to your Account and/or your external bank account provider may impose their own terms and conditions, including fees and transaction limits (including per transaction, daily, weekly or monthly limits on the frequency or amount of cash you may credit to your Account). The ACH Transfer from External Checking Account limits in the table above apply only with respect to transfers initiated using the Mobile App. The name on the external account must match the name of the Account, any ACH Transfers received from an external account not in the name of the Account may be returned to the originator.

**Your 8TK Account number and our routing number, available in the App or Website, may be used for the purpose of initiating wires or direct deposits to your Account. The recipient’s name on any direct deposit(s) that we receive must match the name of the 8TK accountholder. (For tax refund deposits only, if the deposit names two individuals, and one matches your name, the tax refund check will be accepted.) Any wires or direct deposits received in a name other than the Account owner’s name may be returned to the originator. If a direct deposit exceeds the limits, the remainder of the deposit will be applied in the next Business Day, up to the monthly limit.

*** “30 Day Rolling” means, as of any given calendar day, the aggregate amount for the 30 calendar-day period consisting of that such day and the immediately preceding 29 calendar days.

E. Funds Transfer

“Funds Transfer” (or “Funds Transfer Service”) is an electronic transfer service we provide that enables you to securely transfer funds from an account at another financial institution to your Account with us, and/or from your Account with us to an account at another financial institution. Prior to use, you are required to register your external bank account for verification and security purposes. Once your Funds Transfer service is active, please refer to the Funds Availability Policy (incorporated by reference herein) to see when your Funds will be available for your use in your Account. The cutoff time for Funds Transfers made using this service is 10:00pm CST. In all cases, funds may be held until we receive verification that the transaction has settled.

By using the Funds Transfer Service, you agree that the Bank will transfer funds through ACH services and that the transaction is subject to completion upon our final review and verification. All ACH transfers are subject to NACHA Operating Rules. You agree that such requests constitute authorization for such transfers. This authorization is to remain in full force until we have received written notification from you of its termination, you have electronically deleted a registered bank account from the Funds Transfer Service, or you have electronically canceled an Account and/or transfers from the Funds Transfer Service in a time and manner that would allow us and the other financial institution a reasonable opportunity to act on it.

This service may be subject to a fee in accordance with our Fee Schedule. This service may not be available for all customers and/or Account types.

By using the Funds Transfer Service, you are certifying that the registered external accounts that you transfer funds to and from are under the same ownership as the Account with us. If the accounts are not titled the same or ownership among the transferring accounts changes, you will indemnify us for any losses incurred as a result of any transaction you initiate between these accounts that is later returned or is reported unauthorized. If you initiate a transfer that is found to be unverifiable or is unable to be completed for other reasons, you agree to hold us harmless for any loss resulting from the incomplete transfer. If a transfer is made from a third party’s account or registered as an external deposit account before we detect it, we may without notice to you place those funds on hold and debit your Account and return the funds to the third party’s account in the form of a bank check or electronic funds transfer (“EFT”) once we have confirmed the funds cleared the external account.

If you use the Funds Transfer Service to transfer funds to or from an account that has multiple owners, you agree that each owner authorizes the others to (a) register any external bank account, as permitted by the Funds Transfer service, (b) initiate the transfer of funds between your Accounts with us, as permitted by the Funds Transfer Service, and (c) initiate the transfer of funds between your Account(s) with us and any registered external bank account. This authority will cease only after we have received and have been given a reasonable amount of time to act on the appropriate documentation needed to change or remove the owner from the account. Each external bank Account Owner agrees to be jointly and severally liable to us for any losses incurred as a result of the improper use of this service up to and including the transfer amount, any applicable fees, and any legal expenses. Your Funds Transfer request will only be completed if you have sufficient funds in the Account from which you wish to transfer funds and the accounts are linked for transfer capabilities. Funds Transfer transactions are subject to dollar amount limitations, which are determined by us and may be set according to your Account type and/or the type of Funds Transfer Service you are using.

These limitations are set for security reasons and are not disclosed for that reason.

We reserve the right to limit the number of external accounts that can be linked to your Account for purposes of transferring funds; to limit functionality of the Funds Transfer Service by imposing limits, holds, or other measures; and to close your Account if unlawful activity is found or suspected.

F. Account to Account Transfers

General Provisions

With your Account, you will have access to an Account to Account (“A2A”) transfer service (“A2A Transfer Service”) via the Mobile App. The A2A Transfer Service allows you to instruct the Bank to send money to other Accounts from your Account as well as receive money from other Account Owners (“A2A Transfers”). You may send money to another Account (or request money from another Account) by inputting the intended recipient Account Owner’s information and the A2A Transfer dollar amount you would like to send (or request). A2A Transfers will be applied to the Account associated with the information entered by the sender. Approved A2A Transfers are automatically debited from the sender’s Account and deposited to the recipient’s Account on the same business day.

The intended recipient must have an active Account in order to receive an A2A Transfer(s). If the recipient does not have an active Account, you will not be able to initiate a A2A Transfer to that individual.

All A2A Transfers are subject to transaction limits, availability of funds, and applicable security and verification requirements. We may delay, decline, or reverse transactions in its discretion to comply with legal, regulatory, or risk-related requirements

Using the A2A Transfer Service.

To send or request an A2A Transfer from the Mobile App, you must make sure the recipient’s information accurately represents the intended recipient to ensure the A2A Transfer is sent to the correct recipient. The obligation to pay the A2A Transfer will not be excused by an error in the information entered.

Current Pay Transfer Limits

A2A Transfers may be initiated at any time as long as the transfer request does not exceed the available balance in your Account. Greenlane may refuse to process any transaction that exceeds any of the limits described in the “Limitations on Frequency and Dollar Amounts of Transactions” section herein. If your A2A Transfer is denied because your Account balance is not sufficient, you are responsible for making alternate payment arrangements with the intended recipient.

Canceling A2A Transfers

Prior to sending an A2A Transfer, the sender will be prompted to confirm the transaction. Once the A2A Transfer is sent, it cannot be canceled or recovered. It is the sender’s responsibility to ensure the information is accurate prior to confirming the A2A Transfer request. If you believe your Account has been compromised or that an A2A Transfer from your Account was completed without your permission, please contact us immediately. Please see the “Errors or Questions and How to Contact Us” section herein for additional information on unauthorized transfers. For questions related to A2A Transfer Service, please contact Greenlane.

Contact Syncing and Discoverability.

In connection with the A2A Transfer feature, we may allow you to sync your mobile device’s contact list to identify contacts who are existing accountholders. By syncing your contacts, you authorize us to access and use information from your device’s contact list—such as names, telephone numbers, and email addresses—for the purpose of identifying existing accountholders eligible to receive or send A2A Transfers and for related fraud prevention and security purposes. You represent and warrant that you have the authority to share such contact information with us and that doing so does not violate any applicable law or the rights of any third party. Syncing your device’s contact list is optional and is not required to use the A2A Transfers Service. You may revoke access to your contact list at any time through your device settings or the App.

If you appear in another accountholder’s synced contact list, we may notify that accountholder that you are an existing user and suggest you as a potential recipient for A2A Transfers.

Further, by using the App, you acknowledge and agree that certain personal information associated with your Account—including your first name, last name, email address, and phone number —may be discoverable by other accountholders who search for you using your name, email address, telephone number, or username.

For additional information regarding how we collect, use, and share your personal information, please refer to Greenlane’s Privacy Policy and First Bank of the Lake’s Privacy Policy.

G. Errors or Questions and How to Contact Us

You acknowledge and agree that because this is a commercial-purpose account, the error resolution procedures set forth in the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. as implemented by Regulation E, are not applicable to your Account. In any event, you may contact us with questions concerning Electronic Fund Transfers (“EFTs”) that occur on your Account at the phone number or email address listed at the beginning of this agreement.

Be sure to contact us immediately if you believe that an error or unauthorized EFT has occurred or may occur concerning your Account, or if your Account, Card, PIN, or login credentials have been lost, stolen or compromised.

Unauthorized EFT

You must contact us no later than thirty (30) days after we sent the FIRST statement on which an error or unauthorized EFT appeared. You must provide us with the following information:

• Your name and Account number.
• A description of the error or the EFT you are unsure about and a clear explanation of why you believe it is an error or why you need more information.
• The dollar amount of the suspected error.
• If you tell us orally, we may require that you send us your notice of error or question in writing within ten (10) Business Days.

After receiving your notice of error or unauthorized EFT, we will investigate and provide you with the results and any corrections we make to your Account within a commercially reasonable time.

Loss of Account credentials, PIN, or Card

Notifying us as promptly as possible of the loss of Account credentials, PIN, or Card will minimize your potential losses. You agree that you will assist us in the investigation of claims for unauthorized transactions by completing the appropriate statements and reports reasonably required by us.

H. Preauthorized Transfers

Your Account number and our routing number, available in the App or Website 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 preauthorized direct deposits to the Account (“ACH Credits”). These transfers will be processed under the NACHA Operating Rules and you agree to comply with the NACHA Operating Rules.

Each time we receive an ACH Debit, we will reduce the available balance in your Account by the amount of the ACH Debit and any applicable fees.

IMPORTANT: If your Account number changes you must immediately notify any billers using the Account number to debit your Account, or any persons using your Account number to credit your Account. You must provide them with the new Account number to ensure the ACH Debit and ACH Credit activity continues uninterrupted. Neither First Bank of the Lake nor Greenlane will be liable for any debits or credits mistakenly applied as a result of your failure to notify any party of a change in Account number.

Call Greenlane at 1 (800) 716-6997, or email Greenlane at help@8tkpay.com, in time for us to receive your request 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 14 days after you call. (We may charge your account for each stop-payment order you give as quoted in our current fee schedule.)

I. Authorization Holds

When you use the Card, a Merchant may request a temporary authorization hold on some or all of the funds in the Account. The authorization hold may be more or less than the final amount of the transaction (e.g., a restaurant may include in a transaction authorization request an amount sufficient to cover a tip). Any temporary authorization hold amount will place a “hold” on the available balance in your Account until the Merchant sends us the final transaction amount. In addition to holds placed by Merchants, we may place an additional temporary authorization hold to ensure that sufficient funds are available to cover the final transaction amount for certain Merchants (e.g., gas stations, bars, restaurants, hotels, car rental companies, or other Merchants where tips are customary or where the final amount is not known). The hold will be released when the Merchant presents, and we process, supporting documentation for the final amount of the transaction.

J. No Overdrafts

You are not permitted to overdraw the Account. If the available balance in the Account is insufficient to cover any payment or withdrawal you have authorized, it is possible that the payment or withdrawal will not be completed. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. Notwithstanding anything to the contrary in this Agreement, any deposit we receive to your Account, through any means or source whatsoever, will first be applied to satisfy any negative balance in your Account.

If your Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise the right to set off to satisfy the negative balance in your Account. See Section #2.J (Right to Set Off) below for details.

If your Account has a negative balance for sixty calendar days or more it may be closed. We reserve the right to close your Account if you overdraw your Account in violation of these terms.

K. Right to Set Off

If your Account balance becomes and remains negative, we can use the funds in any of your other accounts with us to repay the amount owed on the negative balance Account without further notice to or demand on you. This means we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a first priority lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to us, now or in the future. We are entitled to exercise our setoff rights even if such action causes your Account balance to be insufficient to cover other transactions or causes other negative consequences.

L. Account Closure, Holds, Suspensions and Restrictions

We reserve the right to close, suspend, freeze or restrict your Account and/or Card for any reason with or without notice to you. Such reasons include, but are not limited to:

• If we, at any time, believe that an Account is being used for fraudulent or illegal purposes, including the purchase of goods or services prohibited by applicable laws or regulations, or such Account presents an undue risk to us as determined in our sole discretion.
• Your use of the Account conflicts with any federal, state, or local law, rule or regulation, including federal foreign asset control requirements and anti-money laundering rules, or with our policies designed to assure our compliance with such law, rule or regulation.
• We receive a court order or other valid legal process to suspend or close your Account.
• Your Account has a negative balance
• Your actions otherwise violate any part of this Agreement or any other terms that govern the Account or the other services provided by Greenlane.
• Your Account has no balance and is inactive for six (6) months or more, or your Account has a balance but is inactive for six (6) months or more.

If our monitoring of the Account detects activity which is believed to be fraudulent, or is prohibited by us and/or by applicable law, we may also hold (or in other words, deny or limit access to) Account funds pending review of the activity by us. We may require you and other parties to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account with us are subject to hold at our discretion until the source of such funds and/or the activity is properly verified.

If the Account is cancelled, closed or terminated for any reason (except for fraudulent or illegal activity, or due to valid legal process), you may request the unused balance be returned to you by ACH transfer to your linked Bank Account. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow up to thirty (30) days for processing and mailing of the refund check. If the refund check is not cashed within one hundred and eighty (180) days or the funds are not collected for any reason, the check will be voided and funds may be escheated. We reserve the right to refuse to return any unused balance amount less than $5.00. Such amount may be retained and treated as non-refundable. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice.

Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator. Access to other functionality will also be disabled.

M. Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state or federal legal process (“Legal Process”) is brought against your Account, your use of the Account may be restricted. We shall be entitled to act upon any Legal Process served upon us which we reasonably believe to be binding, with no liability to you for doing so. We may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such Legal Process, we have first claim to any and all funds in your Account for your liability under this Agreement. We will not contest on your behalf any such Legal Process and may take any action to comply with such Legal Process as Bank determines to be appropriate in the circumstances, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees the Bank or Greenlane incurs due to any Legal Process on your Account. We may charge these expenses to your Account. You hereby agree to indemnify Bank and/or Greenlane for any losses if it does this.

N. Account Inactivity and Escheatment

If your Account is at risk of becoming inactive, we will make reasonable efforts to notify you and provide instructions on how to keep the Account active. If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for an extended period of time), applicable law may require us to report the funds in your Account as unclaimed property. The period of inactivity required before such reporting varies by state. If this occurs, we may try to locate you at the address shown in our records. If unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property. After we deliver the funds over to the state, we have no further liability to you for the funds and you must apply to the appropriate state agency to reclaim your funds. The specified period of time to report and send funds in an inactive Account to a state varies by state.

If the Account becomes inactive, the Account will continue to be subject to any service charges in accordance with our Fee Schedule and may be closed.

O. Special Rules for New Accounts

Accounts open less than 30 days may be limited in functionality. Direct deposits and other funds credited to your Account may be given provisionally for a reasonable amount of time.

If you have not yet funded your Account, you may not be able to obtain your Card.

P. Illegal and Other Blocked Transactions

You may not use your Account and corresponding Card for any illegal transactions or illegal activity. You may also not use your Card/Account for manual cash disbursement (travelers cheques, foreign currency, money orders, precious metals, savings bonds), quasi-cash merchant (non-financial institution such as cryptocurrency, foreign currency, money orders (not wire transfers), stored value card/load), government owned lotteries, horse or dog racing, marijuana, or unlawful online gambling as described in the Unlawful Internet Gambling Enforcement Act of 2006, codified at 31 U.S.C. 5361 et seq and Regulation GG. We may refuse to process, in our sole discretion, any transaction that we believe may violate the terms of this Agreement, our policy, or applicable law. You acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of your transactions You agree that we will not be held liable for any loss you incur if we refuse to process any transaction that we believe may violate the terms of this Agreement, our policy, or applicable law. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.

Q. Physical Address

You must maintain a physical address on file with us. P.O. Boxes are not accepted. If you change the physical (not mailing) address associated with your Account to a P.O. Box, we may cancel your account, with or without notice.

R. Account Closing

If you wish to close your Account with us, you agree to withdraw all of the funds from your Account. We may require you to notify us of this intention in writing. After an Account is closed, we have no obligation to accept deposits or pay outstanding items. However, we may do so at our discretion. You agree to hold us harmless for refusing to honor any item on a closed Account. If funds remain in the Account after you have notified us of your intent to close your Account, we will require you to submit your request to us in writing, and we will then return any remaining funds to your linked external Account. All related closing fees will be deducted from the final balance.

3. Debit Card

A. Description of Card

Upon successfully opening your Account, you will receive a virtual Card immediately and you may receive a physical Card upon request.

The Card is issued by the Bank. The Card is not a credit card. The Card is permitted to be used for business purposes only. The funds accessible by the Card are limited to the available funds in your Account. The Card is not associated in any way to any other account held at the Bank. In addition, the Card is not permitted to be used for consumer use, and thus is not a device that accesses money in any consumer deposit checking or savings account held at the Bank. We may terminate your Card if we determine that the Card is being used for consumer purposes.

The Card remains the property of the Bank and must be surrendered to us upon demand. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.

The virtual Card functions in the same way as a physical Card for online and in-app transactions. Funding your Account may be required in order to receive a physical Card.

The Card will expire after 48 months. Approximately 30 days before expiration, if your Card and Account are in good standing, we may issue you a new Card upon expiration. If you do not receive a replacement card (including, in the case of a virtual Card, a replacement Card number) before the expiration date, please contact us for assistance. You must surrender a revoked Card, and you may not use an expired or revoked Card.

We are not responsible nor shall be liable for misuse of your Card details, except for as otherwise specified herein.

B. Card Activation

Your virtual Card will be active upon issuance, and you do not need to activate it. Your physical Card will need to be activated by following the instructions sent with the Card.

C. Personal Identification Number

You will also be asked to set a Personal Identification Number (“PIN”) after you open your Account. For Account security, you should not write or keep your PIN with your Card or where it may be seen by others. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should immediately lock your Card, reset your PIN via the App or Website, and contact us following the procedures in Section 2.F (“Errors or Questions and How to Contact us”).

D. Using the Card

You may use the Card to purchase goods or services everywhere Visa Debit or the Pulse Network is accepted. (Foreign transaction and out-of-network ATM fees may apply.) You acknowledge and agree that the value available to you for use with the Card is limited to the available funds in your Account. So long as you do not exceed the available funds in your Account, you may use the Card to purchase goods or services wherever the Card is honored, and to obtain cash by initiating cash withdrawal transactions through the Card from any financial institution or ATM that accepts the Card.

Each time you use the Card, you authorize us to reduce the value available in the Account by the amount of the transaction and applicable fees. If you exceed the available funds in your Account you shall remain fully liable to us for the amount of the transactions and any applicable fees and charges.

Merchant Holds on available funds: When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven (7) days or more for the hold to be removed. During that period, you will not have access to the funds subject to the hold.

E. Transaction Receipts

Merchants and ATM operators may provide you with a receipt at the time you make a transaction using your Debit Card. The availability and format of a receipt may vary by merchant or ATM operator and is outside our control.

You should retain your receipts to compare them with your account statements. If a receipt differs from the amount posted to your Account, notify us promptly in accordance with our error-resolution procedures (Refer to Section 2.F).

F. Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such person to use the Card for all purposes, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement.

You may not request an additional Card for another person.

You are the sole authorized user of the Card unless we expressly approve additional users. At this time, the Card is intended for use by a single individual, and we do not permit additional authorized users, secondary cardholders, or delegated access.

You are responsible for maintaining the security of your Card, its information, and any devices used to access the Account. You may not share your credentials or permit any other person to access or use the Card without our authorization.

Any activity conducted using your credentials will be deemed authorized by you. We may restrict or terminate the Card and the Account if we determine that it is being accessed or used in violation of this section.

G. Adding Card to a Digital Wallet

You may elect to add your Card to one or more mobile payment platforms (“Digital Wallets”) supported by us, including Apple Pay®, Google Pay®, and Samsung Pay®. The Digital Wallet provider may allow you to conduct transactions at a point-of-sale device and you may not be able to use your Card to perform transactions at such point of sale devices until you have selected a PIN pursuant to this Agreement. Your Card can be linked to mobile payment platforms, including (“Digital Wallet”), using certain, eligible devices. Additional terms apply. Refer to Section 3.G.

When you or a Cardholder adds a Card to a mobile wallet, you agree to the following terms:

1. A Card can be added to a Digital Wallet by following the instructions of the mobile wallet provider (ApplePay, GooglePay, SamsungPay, etc.). A Card can be added to multiple Digital Wallets and on multiple devices as long as it is eligible to do so. This Agreement, and the terms of the Digital Wallet provider and any service providers (e.g., third-party wireless companies) apply to a Card in a Digital Wallet regardless of which mobile wallet it is added to. No Card can be used in a Digital Wallet if the Card has been canceled.
2. The terms and conditions of this Agreement do not change when a Card is added to a Digital Wallet. In addition, any applicable fees that apply to your Account apply to activity done through a Digital Wallet as well.
3. When a Card is added to a Digital Wallet, it can be used to make purchases wherever digital wallets are accepted. Digital Wallets may not be accepted everywhere that a Card is accepted.
4. If any Cardholder uses a Digital Wallet, you agree to protect and keep confidential your User ID, passwords and all other authentication information required for use of the Card in a Digital Wallet.
5. All questions or complaints about Digital Wallet-specific functions or security should be directed to the Digital Wallet provider. All transaction-related questions should continue to be directed to Greenlane.

H. Cash Withdrawals with the Card

With the PIN, you may use your Card to withdraw cash from your Account at any point-of-sale device (if cash-back functionality is made available by the merchant; note, limits and fees may be assessed by the merchant). You may use your physical Card to withdraw cash from ATMs, fees may apply; please refer to the Fee Schedule for details.

I. Replacing Your Card

If your Card is damaged, lost, stolen, or otherwise compromised, you may request a replacement through the App or Website, or by contacting Customer Service. Replacement Cards may be subject to applicable fees, as described in the Fee section of this Agreement.

If your Card is lost, stolen, or otherwise compromised, please report it to us and immediately lock your Card.

J. Locking Your Card

Locking your Card will prevent any point-of-sale transactions (e.g., purchases, ATM withdrawals, or cash back) from being made on your virtual and physical Cards. Locking your Card does not prevent any online or recurring charges. Deposits, transfers, and bill payment transactions can still be made when the Card is locked. You can use the App in order to lock or unlock your Card.

K. Authorized Transactions

You are responsible for all authorized transactions initiated by use of your Card, as well as ACH transfers and bill payments. If you permit another person to have access to your Card or Account, we will treat this as if you have authorized any use of your Card or Account by that person, and you will be liable for all transactions and fees incurred by that person.

L. Refunds

You will not receive cash refunds for Card transactions. If a Merchant gives you a credit for merchandise returns or adjustments, the Merchant may do so by processing a credit adjustment through the applicable Network. After such credit adjustment is processed by such Network and us, the amount of the credit adjustment will be available to be returned to your Account. Neither the Bank nor Greenlane is responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the Merchant from whom those goods or services were purchased.

M. Card Transaction Limits

There are limits on the dollar amount of transactions you can make with your Card each day and each month. The following lists the limits for each type of transaction:

Point of Sale Purchases:

Per Transaction Limit: $2,500, Daily Limit: $5,000

ATM Withdrawals

Per Transaction Limit: $300, Daily Limit: $1,000

In addition to the above, for security purposes we reserve the right to, in our sole discretion, impose additional limits to your use of your Card at ATMs or POS devices. Any funds withdrawn from a POS device or through a participating ATM will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a Merchant POS device, please note that each Merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one Merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual Merchant.

PIN and Non-PIN Transactions: Merchants may limit the available options for the type of transaction you wish to conduct or may let you choose between a PIN/debit transaction or a signature/credit transaction at the point of sale. To initiate a signature transaction at the point of sale, select “Credit” and sign the receipt (if required by the Merchant). To initiate a PIN transaction at the point of sale, select “Debit” and enter your PIN at the point of sale terminal. For mail order, telephone, Internet or other card-not-present purchases, Merchants may choose to route a transaction as a PIN transaction without asking you to enter your PIN.

N. Transactions Made in Foreign Currencies

If you use the Card to make purchases or obtain cash in a currency other than the U.S. Dollar, the amount deducted from the available balance in your Account will be converted by Visa into an amount in U.S. Dollars. The exchange rate between the transaction currency and the U.S. Dollar used to process such Card transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate that Visa itself receives, or the government-mandated rate in effect for the available central processing date.

You will be charged a fee for any transactions conducted in currencies other than the U.S. Dollar, as set forth in the Fee Schedule. If such a transaction results in a credit due to a return, we will not refund any fee that may have been charged on your original purchase.

Your Card will not work in certain countries for legal, regulatory, and/or other reasons. If you are traveling internationally, please contact Customer Service to verify your Card will work in the country to which you are traveling.

FOREIGN ACTIVITY IS NOT ALLOWED

Card transactions are only permitted in the United States, Canada, and Mexico. All other foreign activity is prohibited. Any Card transactions attempted outside these countries or other foreign activity outside the United States may be blocked and could result in the suspension of your Account or Card services.

If you have moved outside of the United States or have frequent international transactions, you may be contacted about the international activity in your Account and for further verification of your address. If you are moving, traveling, or will be temporarily residing overseas, we recommend you contact us to prevent any disruption in your Account activity. Your Account may be closed if you no longer reside in the United States.

4. General Funds Availability Policy

Information contained in this Section 4 is provided to assist you in understanding our Funds Availability Policy. We make funds available according to the type of deposit and when the funds are applied or credited to the Account. 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 the Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers, payments or transactions using a Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item deposited into the Account, or if any direct deposit, or ACH transfer credit is returned for any reason, you agree to pay us the amount of the returned item.

If funds are received through the Automated Clearing House (“ACH”), then any credit given by us for such funds will be provisional until we receive final settlement through a Federal Reserve Bank or have otherwise received payment as provided under Section 4A-403(a) of New York’s Uniform Commercial Code. Notice to you of such ACH credits will be provided through the Mobile App, Website, or on your periodic statement. If we do not receive final settlement or payment of an ACH credit, then we are entitled to recover from you the amount of the provisional credit and the person or entity making that ACH payment will not be considered to have paid that amount to you.

Availability

The length of delay in the availability of funds varies depending on the type of deposit.

Business Days

The length of the delay in the availability of funds is counted in Business Days from the day you submit your deposit to your Account. Deposits received by 10:59 P.M. PT will be considered current-day deposits if made on a Business Day. Any deposits received after that time, or made on a non-Business Day, will be processed the following Business Day.

A. Same Day Availability

Funds received from preauthorized EFTs such as direct deposits, or other preauthorized electronic payments, will be available on the day the deposit is applied to your Account.

ACH credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

B. Longer Delays May Apply

Funds you deposit may be delayed for a longer period under the following circumstances:

• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the fifth Business Day after the day of your deposit.

Electronic transfers deposited into the Account initiated through the Mobile App may take up to four (4) Business Days from the date of the initial request but will post on the payment date of the deposit once the money has reached us.

When you request a transfer within the Mobile App from an external checking account, before completing the transfer we will check whether the external account is valid and has sufficient funds, and if it does not, the transfer will be declined.

5. Fee Schedule

You agree to pay the fees charged in connection with the provision of First Bank of the Lake and Greenlane services applicable to your Account with us. Your Account is subject to the fees described in the Fee Schedule described in the table below and the costs and fees discussed elsewhere in this Agreement. All the fees will be withdrawn from your Account and will be assessed as long as there is a remaining balance on your Account. If at any time your remaining Account balance is less than the fees being assessed, the balance of your Account will be applied to the fees resulting in a zero balance on your Account. The remainder of the fees due will be collected upon the next deposit into your Account.

There may be other applicable fees payable to Greenlane charged to your Account associated with the services provided by Greenlane in connection with this Account and Card, such as a “Membership Fee”. You agree you must pay Greenlane’s fees when due. These fees and charges are not included in the Fee Schedule. See Greenlane’s 8TK Money Terms of Service and any other applicable agreements on Greenlane’s website for this information.

Schedule of Fees and Charges

6. Linking Accounts

By opening and using the Account, you agree to the terms with Greenlane for linking and transferring funds into your Greenlane Account. You authorize Greenlane and its service providers to gain recurring access to your Account (and other connected accounts) in order to obtain and store your financial and service account transactions for the purpose(s) of linking eligible external accounts to your 8TK account, monitoring and providing alerts for financial transactions for your own review, and facilitating and improving Greenlane and other services.

7. Other Agreement Terms

A. No Warranty of Availability or Uninterrupted Use

From time to time, services related to the Account may be inoperative. When this happens, you may be unable to access the App or Website, and you may be unable to use the Account or obtain information about the Account. Please notify us if you have any problems using the Account, Website, or App. You agree that, except as required by applicable law, we will not be responsible for temporary interruptions in service due to maintenance, App or Website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, pandemics, labor disputes and armed conflicts.

B. Limitation of Liability

Except as required by applicable law, we shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Bank, Greenlane, Bank’s affiliates, and the parties with whom Bank or Greenlane contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Account, any products or services purchased using your Account, or this Agreement (as well as any related or prior agreement you may have had with us.

C. English Language Controls

English is the controlling language of our relationship with you.

D. Account Services

For Account service assistance or additional information regarding your Account, please contact Customer Service.

E. Phone Calls, Emails, & Other Electronic Communications

By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later port to a cellular device, you are expressly consenting to receiving communications including but not limited to live operator calls, prerecorded or artificial voice message calls, and text messages, any or all of which may be delivered using an automatic telephone dialing system or other automated technology, from us, our affiliates and our agents at that telephone number for informational and account service calls, but not for telemarketing sales calls. This express consent applies to each such telephone number that you provide to us now or in the future. You may incur access fees from your cellular provider with your receipt of such calls and text messages. Message frequency may vary and data rates may apply. You may contact us anytime to change these preferences.

If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your accounts to that address.

You authorize us to monitor, and to record, telephone conversations and other electronic communications (including, without limitation, live chat) you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording communications at the outset of the communication unless required by law to do so. In addition, if we do record, we do not have to keep the recordings, unless we are required to do so by applicable law. You consent and agree in advance to these terms and conditions.

F. Amendment and Cancellation

Except as otherwise prohibited by applicable law, we may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on the App and Website, and any such amendment shall be effective upon such posting to the App and Website (or as soon thereafter as permitted by applicable law). This Agreement is available on the App and Website. You will be notified of any material amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, we may implement it immediately and without prior notice. When we change this Agreement, the then-current version of the Agreement governs your Account and supersedes all prior versions. We may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Accounts may only be closed by you following any pending activity that has been settled. It is your responsibility to be aware of any pending transactions. Any transaction which posts following account closure, will be returned. Your cancellation of this Agreement will not affect any of Bank’s rights or your obligations arising under this Agreement prior to cancellation.

IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH US OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER SECTION ‘Account Closing’.

G. Confidentiality

We may disclose information to third parties about your Account or the transactions you make:

• Where it is necessary for completing transactions.
• In order to verify the existence and condition of your Account for a third party (such as a merchant).
• In order to comply with government agency, court order, or other legal or administrative reporting requirements.
• If you give us your written consent.
• To our employees, auditors, affiliates, service providers, or attorneys as needed.
• To improve these and related services.
• Otherwise as necessary to fulfill our obligations under this Agreement or as detailed in Bank’s Privacy Policy and Greenlane’s Privacy Policy.

H. No Warranty Regarding Goods or Services as Applicable; Merchant Credits

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account (including your Card). If you are entitled to a refund for any reason for goods or services purchased with your Account, the return and refund will be handled by the Merchant. If a Merchant posts credits to your Account, the credit may not be immediately available since we have no control over when a Merchant may send the credit transaction to us.

I. Survival

All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).

J. Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of Missouri, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Program Manager) related to your Account, regardless of your location. Disputes not involving this Account are not governed by this agreement.

K. Waiver

You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or subsequent thereto, on a one-time basis or for any period or duration, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we are not obligated to provide similar waivers in the future or waive our rights to enforce the terms of this Agreement.

L. Indemnification

You agree to defend, indemnify, and hold harmless Bank and its subsidiaries, affiliated companies, employees, contractors, officers, directors, and assigns against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your use of the Account and Card, your acts or omissions, or your violation of this Agreement, Applicable Law, or any third-party rights or your fraud or willful misconduct. Bank reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

8. Arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE AGREEMENT OTHERWISE PROVIDES, THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION AND YOU AND WE WAIVE OUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION.

Arbitration Agreement:

A. Agreement to Binding Arbitration.

Bank, Program Manager, and you agree to arbitrate all past, present or future disputes and claims between you, on the one hand, and Bank and/or Program Manager, on the other hand, arising out of, or relating to (1) the Agreement, your Account (and Card), or any aspect of any relationship between you and Bank and/or Program Manager that is governed by this Agreement, including, without limitation, use of any application or website maintained or operated by Bank, Program Manager, or any of their service providers; or (2) the breach, enforcement, interpretation, application, or validity of the Agreement or the Arbitration Agreement, except those that are resolved informally or brought in a small claims court. Claims subject to this Arbitration Agreement include, without limitation: (1) claims that pre-date this Agreement (such as claims relating to advertising or use of any application or website maintained or operated by Bank, Program Manager, or any of their service providers) or that arise after termination of this Agreement; (2) initial claims, counterclaims, cross-claims and third-party claims; (3) disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity; (4) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (5) disputes arising from or related to any transactions in connection with your Account; (6) disputes arising from or related to any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning your Account; (7) disputes concerning any fees or charges relating to your Account or this Agreement, any products or services relating to your Account, and communication methods and practices that are used to service your Account. Such disputes or claims arising out of or relating to the Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules in effect at the time the arbitration is commenced (“AAA Commercial Rules”) by arbitrators appointed in accordance with the AAA Commercial Rules. Solely for purposes of this Arbitration Agreement, the terms “Bank” and “Program Manager” include each of their subsidiaries, affiliates, successors and assigns, and any of their employees, officers, directors and agents. This Arbitration Agreement also benefits the Bank’s and Program Manager’s service providers, agents, contractors, affiliates, successors, assigns, payment processors, card networks, and other entities providing services in connection with the Account.

B. Exceptions to Arbitration.

Notwithstanding the foregoing, in lieu of arbitration, either you, Bank, or Program Manager can bring an individual claim in small claims court (or an equivalent court) consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. (However, if the dispute is transferred, removed, or appealed from small claims court to a different court, Bank or Program Manager can compel arbitration). After an arbitration is filed, either you, Bank, or Program Manager can send a written notice to the other party and the AAA that you, Bank, or Program Manager want the case decided by a small claims court.

C. Jury Trial and Class Action Waiver.

YOU, ON THE ONE HAND, AND BANK AND GREENLANE, ON THE OTHER HAND, ACKNOWLEDGE AND AGREE THAT IN ARBITRATION EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SEEK RELIEF ON A CLASS OR OTHER REPRESENTATIVE BASIS. IN ADDITION, UNLESS ALL PARTIES OTHERWISE AGREE IN WRITING, CLAIMS BROUGHT BY OR AGAINST YOU, BANK OR GREENLANE MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. Except as set forth in the procedures in subsection (D) below, You, Bank, and Greenlane may not be plaintiffs or class members in any purported class, private attorney general or representative proceeding, and may each bring claims against the other only in your or its individual capacity.

D. Mass, Collective or Batch Arbitration.

EXCEPT AS THIS AGREEMENT OTHERWISE PROVIDES, BANK, GREENLANE, AND YOU AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES. (1) For purposes of this Agreement, “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other. (2) In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, Bank, Greenlane, and you agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, Bank, Greenlane, and you agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement. (3) Bank, Greenlane, and you agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration. (4) If any part of this paragraph (d) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph (d) and this agreement shall be enforced to the maximum extent permitted by law. (5) If the arbitration provider is unwilling or unable to follow the procedures set forth in this paragraph (d) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable, and widely-recognized arbitration organization that will agree to follow the procedures set forth in this paragraph (d). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those demands within the Mass Arbitration.

E. Governing Law and Arbitration Rules.

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Agreement shall be governed by and interpreted in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be governed by and interpreted in accordance with the laws of the State of Missouri. The language of the arbitration shall be English.

The arbitration will be conducted under the AAA Commercial Rules in effect at the time the arbitration is commenced, including the Supplementary Rules for Multiple Case Filings, as modified by this Agreement, and will be administered by the AAA. The AAA Commercial Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA cannot or will not serve and the parties are unable to select an administrator by mutual consent, the administrator will be selected by a court having jurisdiction, provided that no arbitration may be administered by any administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver in this Agreement.

Any arbitration shall be settled by neutral arbitrators who shall be appointed in accordance with the AAA Commercial Rules. The arbitrator selected by the claimant and the arbitrator selected by respondent shall, within ten (10) days of their appointment, select a third neutral arbitrator. In the event that they are unable to do so, the parties or their attorneys may request the AAA to appoint the third neutral arbitrator. Prior to the commencement of hearings, each of the arbitrators appointed shall provide an oath or undertaking of impartiality. The arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience practicing law. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute about the interpretation, validity, applicability, or enforceability of this Arbitration Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank and/or Program Manager that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to all parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against the Bank and/or Greenlane for you.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, YOU MAY DECLINE THE ARBITRATION PROVISION BY SENDING WITHIN 60 DAYS OF ACCOUNT OPENING, OR FOR EXISTING CUSTOMERS WHO AGREE TO THIS AS A TERMS UPDATE, WITHIN THIRTY (30) DAYS OF AGREEING TO SUCH UPDATED TERMS, A NOTICE IN WRITING TO GENERAL COUNSEL, 4773 William Flinn Hwy, Allison Park, PA 15101. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of the terms hereof or the Services, and will have no effect on any future agreements you may reach to arbitrate with us. an opt out that purports to opt out multiple parties will be invalid as to all such parties. no individual party (or their agent, representative, or group of agents or representatives) may effectuate an opt out on behalf of other individual parties.

F. Conditions Precedent to Arbitration.

A party who intends to initiate arbitration (the “Claimant”), or initiate a claim in small claims court, shall first give the other party (the “Potential Defendant”) written notice of the claim (a “Claim Notice”) and a reasonable opportunity to resolve the claim. The Claim Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from the Bank and/or Program Manager. It must also provide your name and account number, as well as your address and email address and a phone number where you can be reached during normal business hours. The Claim Notice must be sent by certified mail. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. If there are multiple parties on the account, we may send the Claim Notice to any of you. The Notice to Bank should be addressed to: First Bank of the Lake, 4558 Osage Beach Parkway, Suite 100, Osage Beach, MO 65065, ATTN: Legal Department. Notice to Greenlane should be addressed to: 4773 William Flinn Hwy, Allison Park, PA 15101. (“Notice Addresses”). You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf.

The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the claim in good faith, except for claims requiring some form of expedited injunctive relief in a shorter period. The Claimant must reasonably cooperate in good faith in providing any information about the claim that the Potential Defendant reasonably requests. Further the Claimant, on request, shall meet with the Potential Defendant (or an authorized representative thereof) either in person or by video or telephone conference to discuss possible compromise or other resolution of the claim. Any such meeting that you attend in person must take place in a venue reasonably convenient to you. The Claimant and the Potential Defendant may have a lawyer or other representative present for such meeting. Rule 408 of the Federal Rules of Civil Procedure shall govern the admissibility of all statements, conduct or other discussions between the Claimant and the Potential Defendant regarding the possible compromise or resolution of the Claim. ANY STATUTE OF LIMITATIONS APPLICABLE TO THE CLAIM DESCRIBED IN THE CLAIM NOTICE SHALL BE TOLLED DURING THE PERIOD BETWEEN THE DATE THAT THE CLAIM NOTICE IS MAILED AND THE LATER OF: (1) 60 DAYS AFTER THE CLAIM NOTICE IS RECEIVED, OR (2) 30 DAYS AFTER EITHER CLAIMANT OR POTENTIAL DEFENDANT INFORMS THE OTHER THAT GOOD FAITH EFFORTS TO RESOLVE THE CLAIM INFORMALLY HAVE CEASED (THE “TOLLING PERIOD”). UNLESS PROHIBITED BY APPLICABLE LAW, (1) AN ARBITRATION PROCEEDING MAY NOT BE COMMENCED UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION, (2) THE COURT WILL HAVE AUTHORITY TO ENFORCE THIS NOTICE AND CURE PROVISION, INCLUDING THE POWER TO DISMISS OR STAY THE FILING OR PROSECUTION OF AN ARBITRATION UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION, AND (3) THE ARBITRATION ADMINISTRATOR IS WITHOUT AUTHORITY TO ACCEPT OR ADMINISTER ANY ARBITRATION PROCEEDING PRIOR TO THE TERMINATION OF THE TOLLING PERIOD UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION. ANY SUBSEQUENT ARBITRATION SHALL BE GOVERNED BY THE TERMS OF THIS ARBITRATION AGREEMENT.

If the Claimant and Potential Defendant are unable to resolve the claims described in the notice within 30 days after the notice is received by you or the Potential Defendant, you or the Potential Defendant may commence an arbitration proceeding or suit in small claims court in accordance with this Agreement. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party/parties. You may send such copy to Bank and Program Manager to the Notice Address(es). Bank and Program Manager will send such copy to the current billing address on your Account or to your attorney, if you have retained one.

G. Fees.

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Commercial Rules or rules of the other administrator. However, for any arbitrated claim of yours for an amount less than $25,000: (a) Bank and/or Program Manager (depending on whether one or both parties are involved) will pay or reimburse your share of the Arbitration Fees if you make a written request for us to pay such fees that is on your behalf individually and not on behalf of any other person, if you attempted in good faith but were unable to obtain a waiver of fees from the AAA or other administrator, and if your request is reasonable, If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under the AAA Commercial Rules. The parties shall bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, this Agreement or the administrator’s rules.

H. Location.

If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in the county of your residence, or as otherwise mutually agreed by the parties. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Commercial Rules.

I. Arbitrator’s Decision.

The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if an individual court action were pending in court, including, without limitation, monetary damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). Any finding, award or judgment from an arbitration of any claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any claim. The arbitrator’s award shall be written, and final and binding on the parties, except to the extent that the FAA permits court review of the award, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

J. Conflicts; Survival; Amendment; Severance.

In the event of any conflict or inconsistency between this Arbitration Agreement on the one hand, and the administrator’s rules or the other provisions of this Agreement, on the other hand, this Arbitration Agreement shall govern. This Arbitration Agreement shall survive the cancellation, suspension, closure or termination of the Account, any legal proceeding, any breach or default, any transfer of this Agreement or our rights under this Agreement, any termination, amendment, expiration or performance of any transaction between you and us and any bankruptcy to the extent consistent with applicable law. This Arbitration Agreement may be amended, provided, however, that any such amendment will not apply to any arbitration that was commenced or demanded prior to the amendment. If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, subject to two exceptions: (1) if there is a determination that the Class Action Waiver is unenforceable for any reason as to any claim, and that determination is not reversed on appeal, then the Arbitration Agreement (except for this sentence) will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration; and (2) if a court determines that a public injunctive relief claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

K. Jury Waiver

As to any proceeding in court, You, Bank, and Program Manager waive the right to a jury trial, unless such waiver is unenforceable under applicable law.

L. Confidentiality

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.