1. Acceptance of terms
   Your use of UseMyBank is subject to the following Terms and Conditions of Use. UseMyBank reserves the right to update and change, from time to time, these Terms and all documents referenced. The most recent version of these Terms can be found at www.UseMyBank.com/legal.asp.
2. Transaction Processors
   You understand that the Transaction Processor may not have consented to and/or endorsed, and/or may not have knowledge of its inclusion as a designated Transaction Processor, and/or access by you to its Online Service, and that in the context of UseMyBank as an acting agent on your behalf, and not on the behalf of any Transaction Processor.You understand that UseMyBank acts as a facilitator to the Transaction Processors for your convenience, but that (i) if you activate such a facilitation you will be using UseMyBank to access the Transaction Processor web site, and (ii) you are responsible for Pre-Authorized Debit payments, bill payments or email money transfer made by you using this service.
3. Description of use
   UseMyBank is a service that facilitates account information and bill payment or email money transfer from your preferred online Transaction Processor. The Processors and sources of your accounts and/or online accounts are referred to in these Terms as "Transaction Processors". The account information that is collected for and/or from these Transaction Processors is used on your behalf (ie. account information, Bill payee, etc). In order to access the account information from these Transaction Processors, UseMyBank may request your online Login Information. "Login Information" is your user ID, password, Personal Information Number (PIN), and other information that provides online access to the appropriate account information and billing facilities. The terms "Login Information" and "Account Information" are collectively referred to in these Terms as "Buyer Information." Please note account access from these Transaction Processors will be used to process bill payment or email money transfer from the selected account and at no time will the account information of login information be logged, and hence cannot be used in the facilitation of any transactions. Customers using Pre-Authorized Debit will not be asked for online login information, UseMyBank will request that necessary legal documents and forms be signed by the Buyer and only bank information that is needed to process Pre-Authorized Debit Payments will be requested.  UseMyBank is simply a facilitator, all rules and regulation governing the transferring of funds is provided by its Transaction Processors. Transaction Processors may prohibit the disclosure of Login Information or deny liability to the user if Login Information is disclosed.
4. Your authorization of UseMyBank services
   Online accounts access is provided by you from the Transaction Processors. By providing Bank Account and Legal Documents and/or Login Information, you authorize UseMyBank and its facilitation service to act as your agent to make Pre-Authorized Debit Payments and/or access, retrieve your Account Information, and make bill payments or email money transfer from the web sites of your Transaction Processors site on your behalf. You hereby grant UseMyBank and its facilitation service a limited power of attorney, and you hereby appoint UseMyBank and its facilitation service as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Transaction sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN USEMYBANK AND ITS FACILITATION SERVICE ACCESSES AND RETRIEVES INFORMATION FROM THE TRANSACTION PROCESSOR, USEMYBANK AND ITS FACILITATION SERVICE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF SUCH TRANSACTION PROCESSOR. You agree that the Transaction Processors will be entitled to rely on the foregoing authorization, agency and power of attorney granted by you to UseMyBank. You also authorize UseMyBank and its respective authorized agents and assignee's to receive your Information, to provide that information to its facilitation service in accordance with the terms of the UseMyBank Privacy Policy Statement. UseMyBank is not responsible for any fees that are associated with the facilitation of these services as it relates to Pre-Authorized Debit Payment, Bill Payment or email money transfer through the Transaction Processor and/or third parties.
5. Privacy
   Certain information, required by law, will be requested through your Transaction Processor. This information is solely used in the Facilitation Service of UseMyBank. All other information is subject to UseMyBank privacy policy statement (www.UseMyBank.com/PrivacyBotSecurity.asp). UseMyBank may contact you via your email address, or telephone regarding your account status, payment verification, and provide information to you about enhancements of our services, and respond to your questions or comments about your transactions or other items.
6. Method of communication
   To the fullest extent permitted by applicable law and usage, this Agreement and any other agreements, notices or other communications regarding your membership and/or your use of the UseMyBank Service, may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the UseMyBank website and/or delivered to your email address. You will print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. UseMyBank reserves the right but assumes no obligation to provide Communications in paper format. In Ontario, please refer to the Electronics Commerce Act. Your consent to receive Communications electronically is valid until you revoke your consent by notifying UseMyBank of your decision to do so, by sending an email message to support@UseMyBank.com. If you revoke your consent to receive Communications electronically, UseMyBank may terminate your right to use the UseMyBank Service.
7. Anti-spam
   You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the UseMyBank Service has strict negative consequences. UseMyBank will immediately and permanently terminate the account of any member who has used unsolicited email to gain referrals. In addition, you may be subject to Canadian provincial and federal penalties and US state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our members, the Internet, and UseMyBank.
8. Specific limitation of liability
   UseMyBank's facilitation service do not assume responsibility for malfunctions in communications facilities that may affect the accuracy or timeliness of transactions or information you send or that is provided to you via online access to the site. UseMyBank's service is also not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet service provider providing connection to the Internet or caused by any third party software or systems. In the event that a court should hold that the limitations of liabilities or remedies available as set forth in these Terms, or any portions thereof, are unenforceable for any reason, or that any of your remedies in connection with the online access fail their essential purpose, you expressly agree that under no circumstances will UseMyBank and its facilitation service have any liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $5,000 (Canadian.). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such cases liability is limited to the extent permitted by law.
9. Exchange Rates
   Best efforts are made to obtain the most accurate and timely exchange rates from Bank of Canada. UseMyBank does not guarantee the accuracy, timeliness, reliability or completeness of this service from Bank of Canada. As a user, you acknowledge and agree that any reliance on or use by you of the exchange rates shall be entirely at your own risk. In no event shall UseMyBank nor any of its bill payment or email money transfer Processors be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the exchange rates provided by Bank of Canada.
10. Specific disclaimer of warranties
    YOU EXPRESSLY AGREE THAT USE OF ONLINE ACCESS IS AT YOUR SOLE RISK. NONE OF USEMYBANK'S, THIRD PARTIES, TRANSACTION PROCESSORS, OR THEIR RESPECTIVE LICENSORS, AFFILIATES, EMPLOYEES, DISTRIBUTORS OR AGENTS WILL HAVE ANY LIABILITY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY (REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES RELATING IN ANY MANNER TO YOUR USE OR NON-USE OF THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING IN ANY MANNER TO THE SERVICE.
11. Termination
    Either you or UseMyBank may terminate your use of this service at any time without prior notice. You can cancel your transaction at any time during the use of this service at any time and have your information deleted from our records. The UseMyBank Terms of Service which apply to your use of your online account and transaction Processors provides that UseMyBank expressly reserves the right to immediately modify, suspend or terminate your transaction and refuse current or future use of any UseMyBank service, including online transaction processing. If UseMyBank in its sole discretion believes you or someone using your online access has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the UseMyBank's Terms.
12. Invalidity of specific terms
    If any provision of these Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the such documents remain in full force and effect.
13. Age of use
    You agree and accept that payments that require age verification have been completed and accepted. UseMyBank services restrictions are not limited. All use is governed by the Transaction Processors and Third Party suppliers.
14. Legal matters
    The UseMyBank Terms which apply to all use of the online access through the transaction Processors, provides that both you and UseMyBank agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms, shall be settled by arbitration to be held in Toronto, Ontario, before a single arbitrator and in accordance with the Commercial Arbitration Rules then in effect and/or pursuant to the statues of Ontario, and in particular, the Arbitrations Act. Each party irrevocably and unconditionally consents to the jurisdiction of any such proceeding and waives any objection that it may have to personal jurisdiction or the laying of venue of any such proceeding. The parties will cooperate with each other in causing the arbitration to be held in as efficient and expeditious a manner as practicable. If the parties are unable to appoint a mutually acceptable arbitrator within thirty (30) days after a party gives written notice to the other requesting resolution of a dispute, the/a Ontario court shall appoint the arbitrator in accordance with such Commercial Arbitration rules and/or the Arbitrations. The arbitrator may grant any and all relief permitted by the Arbitration Act. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. Nothing herein shall prevent the parties from settling any dispute by mutual agreement at any time.
15. Indemnities
    EXCEPT WITH RESPECT TO CLAIMS, COSTS, AND LIABILITIES ARISING PRINCIPALLY BY REASON OF USEMYBANKS' NEGLIGENCE, YOU WILL INDEMNIFY USEMYBANK AGAINST ANY CLAIM, COST AND LIABILITY INCURRED BY YOU IN CONNECTION WITH USEMYBANK PROVIDING ITS FACILITATION SERVICE. IN ADDITION, YOU AGREE TO RELEASE USEMYBANK FROM ANY CLAIM, COST, AND/OR LIABILITY INCURRED BY YOU IN CONNECTION WITH THE USEMYBANK SERVICE, EXCEPT FOR THOSE ARISING PRINCIPALLY BY REASON OF USEMYBANKS' NEGLIGENCE.
16. Guarantee of Funds
    The Payor acknowledges that if a transfer of funds is requested from an approved bank account and that account contains insufficient funds to cover that transfer, the Payor will be charged the bank charge ($25); which will be charged to the Payors; UseMyBank Services Inc., account and will show up as such in the statement. If UseMyBank Services Inc., transfers the amount requested to the Payor account, unaware that insufficient funds exist for the transfer, UseMyBank Services Inc., reserves the right to remove that amount from the Payor account in addition to all pertinent bank penalty charges made, as stated above. If the bank account transfers made by the Payor are done in a deliberately fraudulent manner, UseMyBank Services Inc., reserves the right to, and will in fact, employ whatever means necessary, both criminally and civilly, to cause the fraudulent conduct to be addressed according to relevant law (including but not limited to reporting of the fraud to credit bureaus and the appropriate law enforcement agencies). The Payor shall be liable for all legal expenses and fees, including twelve percent (12%) interest per annum, due to pursuing the fraud. Chargebacks will not be accepted and will be dealt with in the same manner as any other fraudulent transaction. Repeated insufficient fund offenders will have their Pre-Authorized Debit privileges revoked.
17. Refund Policy
    UseMyBank Services Inc. is a customer focused company and stand by the quality of our services. Every transaction should result in a pleasant, convenient, and successful experience. If you are dissatisfied with our services, UseMyBank Services Inc. can offer a full or partial refund.
18. Delinquent Accounts
    The Payor acknowledges that all delinquent accounts shall accrue interest at the rate of twelve percent (12%) per annum on the unpaid amount, beginning at the time of the delinquency. In addition, the Payor shall be liable for any and all costs associated with collecting the delinquency, including attorneys fees and legal expenses, UseMyBank Services Inc., reserves the right to, and will in fact, employ whatever means necessary to collect the delinquency, including the reporting to credit bureaus and initiating legal action, with the Payor liable for all related costs and fees.
19. Language
    It is agreed that this Agreement and all related documents, including notices, be drawn up in the English language only.
20. Code of Practice
    UseMyBank endorses the Canadian Code of Practice for Consumer Debit Card Services and is committed to maintaining and/or exceeding the level of customer protection for all its clients. Note: this is a voluntary code.
21. Notices
    1. The following legal agreement details the users responsibilities and obligations along with UseMyBank Services Inc. with its facilitation of Pre-Authorized Debit, online bill payments or email money transfer from accounts of these Transaction Processors and by using this service you agree to be bound by same.
    2. A copy of this agreement will not be mailed to the user. Please print or save this agreement by using the "Print" or "File/Save" options the appropriate Internet browser.

April 10, 2008