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Simmons Bank Credit Card Digital Services Agreement and Disclosure

PLEASE READ THIS SIMMONS BANK CREDIT CARD DIGITAL SERVICES AGREEMENT & DISCLOSURE (THE “AGREEMENT”) CAREFULLY BEFORE AGREEING TO THE AGREEMENT’S TERMS AND CONDITIONS. BY ACCEPTING THE AGREEMENT OR ACCESSING THE SIMMONS BANK CREDIT CARD DIGITAL SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO AND GOVERN YOUR USE OF THE SIMMONS BANK CREDIT CARD DIGITAL SERVICES OFFERED BY SIMMONS BANK, AN ARKANSAS STATE BANK (“SIMMONS BANK”, “BANK”, “US”, OR “WE”); THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT; AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WAIVER OF CLASS ACTIONS REQUIREMENT, LIMITATIONS ON DIRECT AND INDIRECT DAMAGES, AND A WAIVER OF THE PARTIES TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON CLAIMS UNDER THIS AGREEMENT. If you have questions about the Agreement or its terms and conditions, please contact us at (800)-272-2102.

1. INTRODUCTION; ABOUT SIMMONS CREDIT CARD DIGITAL SERVICES. This Agreement between you (referred to as “you” or “customer”) and Simmons Bank governs your use of Simmons Credit Card Digital Services which is an electronic service provided by or on behalf of the Bank that permits you to access credit card services or Account information through the Internet by use of a personal computing device and/or mobile application, as applicable (referred to throughout the remainder of the Agreement collectively as “Simmons Credit Card Digital Services”). Simmons Credit Card Digital Services enables you to make credit card payments, review your current and historical Account information, and others features and functionalities added from time to time. You are responsible for providing your own access to the Internet through the Internet service provider of your choice for purposes of accessing Simmons Credit Card Digital Services. To use Simmons Credit Card Digital Services, you must be at least 18 years old and be a resident of the United States or a United States Territory.

2. DEFINITIONS. In addition to those terms that are defined in other sections of this Agreement, the following terms used in this Agreement shall have the following meanings:

  • “Account” – Any consumer credit card account issued by Simmons Bank of which you are the primary owner and which you register for access through Simmons Credit Card Digital Services. Only the primary owner will be able to access and register a particular Account.
  • “Business Day” – Any calendar day other than Saturday, Sunday, or any banking holiday observed by Simmons Bank, which will generally be any day other than a Saturday or a Sunday on which the Federal Reserve Bank of St. Louis is closed for business.
  • “Credit Card Agreement” – The Credit Card Agreement you received and agreed to when opening an Account, as amended from time to time.

3. GRANT OF LIMITED LICENSE. Simmons grants to you a non-exclusive, non-transferable, limited, and revocable right to access and use Simmons Credit Card Digital Services for your personal use.

4. SERVICE AVAILABILITY. Simmons Credit Card Digital Services is intended to be available each day of the year. However, it is necessary to interrupt service from time to time to perform periodic system and account maintenance. The maintenance periods may vary by geographic region due to different time zones. During these periods, customers generally will be notified of the maintenance activities by an information screen that is displayed when attempting to access Simmons Credit Card Digital Services. Unforeseen technical difficulties may also interrupt service. The Bank is not responsible for account or payment deficiencies or other issues due to Simmons Credit Card Digital Services system maintenance, outages or interruptions.

5. SECURITY INFORMATION. From time to time, there may be security notices posted on Simmons Bank’s general website or the Simmons Credit Card Digital Services website regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of Simmons Credit Card Digital Services is the unique combination of your Simmons Credit Card Digital Services ID and password. It is important that you protect the security of your Simmons Credit Card Digital Services ID and password by keeping them secret. Your password will be initially assigned by us and you will be required to reset your password when you first log on to Simmons Credit Card Digital Services. No one at Simmons Bank has access to the password associated with your Account(s). It is important that you DO NOT SHARE YOUR PASSWORD WITH ANYONE FOR ANY REASON. No one at Simmons bank will know or need to know your password, and Simmons Bank employees will never ask for your password. By entering into this Agreement and using Simmons Credit Card Digital Services, you agree to protect the security of your Simmons Credit Card Digital Services ID, Simmons Credit Card Digital Services password, and any other numbers, codes, marks, signs, keys, or other means of identification of you as a Simmons Credit Card Digital Services user which may be devised or established from time to time. Simmons Bank reserves the right to block your access to Simmons Credit Card Digital Services to maintain or restore security to the Bank’s account information and data processing systems if the Bank reasonably believes your means of identification as a Simmons Credit Card Digital Services user (including, but not limited to, your Simmons Credit Card Digital Services password, ID, or other Simmons Credit Card Digital Services access codes) have been or may be obtained or are being used or may be used by an unauthorized person or persons.
Because your Simmons Credit Card Digital Services ID and password are used to access your Accounts, you should treat them as you would any other sensitive personal data. You should carefully select a Simmons Credit Card Digital Services password that is difficult to guess. Keep your Simmons Credit Card Digital Services ID and password safe. You may change your ID and password from the applicable menu function on the Simmons Credit Card Digital Services website at any time as often as you like after you log on to Simmons Credit Card Digital Services.
You are liable and responsible for all activity and transactions made through Simmons Credit Card Digital Services using your means of identification, whether the activity or transactions are made by you or any person you authorize, permit or enable to have your ID or password (even if the person exceeds the authority they may have received from you), or by any person who obtains through you, by whatever means, your ID or Password or other means of identification that may enable a person to reset your ID or password. If you have given someone your ID or password and wish to terminate their authority, or if you know or believe that your ID or password or other means of identification that may enable a person to reset your ID or password has been or is otherwise compromised, you must notify the Bank immediately so that the Bank can take the necessary steps to change your ID or password. You agree to defend, hold harmless and indemnify the Bank from and against any and all claims of any nature arising out of any access by a person you have authorized, permitted or enabled to have access to your Simmons Bank Credit Cards via Simmons Credit Card Digital Services or any persons that obtain your ID or password or other means of identification (other than through the Bank’s negligence), including any person who obtains through you, by whatever means, your other means of identification that may enable a person to reset your ID or password. You are also responsible for all security relating to your use of the Internet or telephone or wireless services used to access Simmons Credit Card Digital Services and the security of the computers and devices you use to do so.
To help prevent unauthorized access to Simmons Credit Card Digital Services and ensure the security of your Accounts, we will end your Simmons Credit Card Digital Services online session if we have detected no activity for a short period of time (e.g., ten (10) minutes).

6. REGISTRATION PROCESS. In order to obtain and use Simmons Credit Card Digital Services, you must complete our initial registration process. The Bank may verify the information for accuracy and authorization to access your Accounts. As part of this verification process, we may, and you authorize us to, verify your identity by obtaining information about your credit history from a consumer reporting agency. If we verify your identity in this way, Simmons Bank and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable laws. We reserve the right to deny you access to Simmons Credit Card Digital Services if we cannot verify your identity or other necessary information.

7. FEES FOR SIMMONS CREDIT CARD DIGITAL SERVICES. There are no associated fees for accessing Simmons Bank Credit Card Digital Services for our consumer customers. All customers using Simmons Credit Card Digital Services are responsible for all third-party costs, including those related to your Internet wireless provider, that result from or arise out of your use of Simmons Credit Card Digital Services.

8. CANCELLATION OF SIMMONS CREDIT CARD DIGITAL SERVICES. Your Simmons Credit Card Digital Services may be canceled in whole or in part by Simmons Bank at any time without prior notice for any reason, including, but not limited to, the termination, suspension or cancellation of an Account pursuant to the terms of your Credit Card Agreement, suspicious activity or suspected unauthorized access, death of the primary owner or other circumstances that may create an unanticipated liability to the Bank. The Bank will use commercially reasonable measures to notify you in advance of such cancellation but is not obligated to do so. You understand and agree that such action is reasonable to protect Simmons Bank from loss. After such cancellation by the Bank for delinquency, the Bank may reinstate your Simmons Credit Card Digital Services when the Account(s) are brought current. You may request reinstatement of Simmons Credit Card Digital service after such cancellation by calling Simmons Bank at (800)-272-2102. The Bank reserves the right, in its sole discretion, to refuse to reinstate Simmons Credit Card Digital Services if canceled by the Bank. You may cancel your Simmons Credit Card Digital Services at any time by notifying the Bank by mail at Simmons Bank, Attention: Simmons Bank Credit Card Digital Services Department, P.O. Box 6609, Pine Bluff, AR 71611-6608. In the event of cancellation of your Simmons Credit Card Digital Services by either you or the Bank, you will remain responsible for all transactions and activity through Simmons Credit Card Digital Services prior to the cancellation.

9. CREDIT CARD PAYMENTS. You may use Simmons Credit Card Digital Services to check the balance of your Accounts and to make payments to your Accounts. While the information provided in Simmons Credit Card Digital Services is updated regularly, Account information provided through Simmons Credit Card Digital Services is not the official record of your Account or its activity. There may be processing delays, adjustments, or corrections resulting in inaccurate information being reflected on Simmons Credit Card Digital Services. Payments made after 4:00 pm Central Time and payments made on a non-Business day will be posted to your Account on the next business day, however, the transaction date will reflect the day the payment was submitted.

10. ALERTS. You may use Simmons Credit Card Digital Services to set Account alerts to notify you of certain activity on your Account. You agree that we may send alerts and messages by calling a telephone or mobile number, texting to a mobile number or to an email address you provide. You agree that these alerts may not be encrypted and may contain personal or confidential information concerning your Account. Simmons Bank provides these alerts as a convenience and these do not replace your actual Account records or the importance of your timely review of these records. Simmons is not responsible for any failure to send any alert or if the alert fails to function as you intended. You understand and agree that Simmons is not liable for losses or damages arising from the disclosure of Account information to third parties as a result of the alert being sent without encryption, non-delivery or delayed delivery of any alert, or any inaccurate alert content.

11. LIMIT OF BANK AND OTHER PROVIDERS’ RESPONSIBILITY. Simmons Bank agrees to make reasonable efforts to ensure full performance of Simmons Credit Card Digital Services. The Bank will be responsible for acting only on those instructions sent through Simmons Credit Card Digital Services that are actually received, and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Simmons Bank is not responsible for any losses or delays in transmission of instructions or information arising out of the use of any Internet service provider or caused by any browser software. Any information you receive from Simmons Bank is only provided for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision you make using this information. Simmons Bank is not responsible for any computer virus or related problems that may be attributable to Simmons Credit Card Digital Services or to any services provided by any Internet services provider. The Bank may on a regular basis perform maintenance on Simmons Credit Card Digital Services or other equipment and systems operated by the Bank or its service providers that may result in interruption of Simmons Credit Card Digital Services, and the Bank will not incur any liability to you as the result of any such interruptions.

12. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT THE SIMMONS CREDIT CARD DIGITAL SERVICES IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE BANK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SIMMONS CREDIT CARD DIGITAL SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SIMMONS CREDIT CARD DIGITAL SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE SIMMONS BANK WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIMMONS CREDIT CARD DIGITAL SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SIMMONS CREDIT CARD DIGITAL SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR WHETHER THE SIMMONS CREDIT CARD DIGITAL SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE ARE ONLY LIABLE FOR DAMAGES YOU INCUR THAT ARE SOLELY AND PROXIMATELY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE LESSER OF (i) YOUR ACTUAL DAMAGES OR (ii) THE TOTAL FEES PAID BY YOU TO US FOR THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SIMMONS CREDIT CARD DIGITAL SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SIMMONS CREDIT CARD DIGITAL SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. Information about your Account(s), your use of and activity within Simmons Credit Card Digital Services or the transactions you initiate will be disclosed to third parties only as described in Simmons Bank’s Privacy Policy.

14. ARBITRATION, WAIVER OF CLASS ACTIONS AND WAIVER OF JURY TRIAL. This Agreement contains a pre-dispute arbitration clause; thus, all irresolvable disputes or claims pertaining to Simmons Credit Card Digital Services, whether based in contract, tort or otherwise, shall be resolved by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (“AAA”) and the Federal Arbitration Act in Title 9 of the United States Code. ACCORDINGLY, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO PARTICIPATE IN AND/OR BRING ANY CLASS ACTION LAWSUIT OR CLAIM AGAINST SIMMONS BANK ARISING OUT OF OR IN ANY WAY OTHERWISE RELATED TO THIS AGREEMENT. Any dispute or claim arising in connection with your credit card or Account other than those relating specifically to Simmons Credit Card Digital Services or its functionality shall be managed pursuant to the terms of your Credit Card Agreement. If any dispute or claim arising out of this Agreement cannot be separated from a simultaneous dispute or claim arising in connection with your credit card or Account, we may, in our discretion, join the dispute or claim under this Agreement with the other dispute or claim under the terms of your Credit Card Agreement and the combined claim will be managed pursuant to the terms of the Credit Card Agreement.
Arbitration hearings will be held in Little Rock, Arkansas. A single arbitrator will be appointed by the AAA and will be an attorney or a retired judge with experience and knowledge in banking transactions. Any issue concerning whether or the extent to which a dispute or claim is subject to arbitration, including but not limited to issues relating to the validity or enforceability of these arbitration provisions, shall be determined by the arbitrator. All statutes of limitation or other defenses relating to the timeliness of the assertion of a dispute or claim that otherwise would be applicable to an action brought in a court of law shall be applicable in any such arbitration, and the commencement of an arbitration under this Agreement shall be deemed the commencement of an action for such purposes. No provision of this paragraph shall restrict the ability of any person to exercise all rights and remedies available under applicable law or this Agreement; provided, however, that the exercise of those rights or remedies is subject to the right of any other person to demand arbitration as provided herein. The commencement of legal action by a person entitled to demand arbitration does not waive the right of that person to demand arbitration with respect to any counterclaim or other claim. No person entitled to demand arbitration hereunder shall be permitted to assert a dispute or claim that is on behalf of any other person. Similarly, an arbitration proceeding under this Agreement may not be consolidated with other arbitration proceedings. Judgment upon the award rendered in arbitration shall be final and may be entered in any court, state or federal, having jurisdiction. Be aware that: (a) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited; (b) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings; (c) The arbitrators do not have to explain the reason(s) for their award; (d) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry; (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court; and (f) The rules of the arbitration forum in which the claim is filed and any amendments thereto, shall be incorporated into this agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF A DISPUTE OR CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN A COURT OF COMPETENT JURISDICTION IN LITTLE ROCK, ARKANSAS WITHOUT A JURY. EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AND SIMMONS BANK HEREBY VOLUNTARILY WAIVE ALL RIGHTS TO A TRIAL BY JURY.

15. GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Any issue relating to a credit card account or service with Simmons Bank which you access through Simmons Credit Card Digital Services shall be governed by the laws specified for the Account in your Credit Card Agreement.

16. RIGHTS. You acknowledge and agree that Simmons Bank and/or our service provider owns all rights in and to the Simmons Credit Card Digital Services. You are permitted to use this service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Simmons Bank and/or our service provider’s Simmons Credit Card Digital Services or any of Simmons Bank and/or our service provider’s services or technology.

17. NO UNLAWFUL OR PROHIBITED USE. As a condition of using Simmons Credit Card Digital Services, you warrant to us that you will not use Simmons Credit Card Digital Services for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law, rule, or regulation. You further warrant and represent that you will not use Simmons Credit Card Digital Services in any manner that could damage, disable, overburden, or impair this service or interfere with any other party’s use and enjoyment of Simmons Credit Card Digital Services. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

18. LINKS TO THIRD PARTY SITES. The Simmons Bank website may contain links to other websites (“Linked Sites”). Such links are provided solely as a convenience to you. Simmons Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Simmons Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites, your use of them, or the security of these sites. Accessing these sites or using the associated products or services is at your own risk.

19. AMENDMENTS. The Bank may amend this Agreement in whole or in part at any time with or without prior notice. If such an amendment changes any term(s) or condition(s) of this Agreement in a manner which would result in a greater cost or liability to you or decrease or limit access to Simmons Credit Card Digital Services, the Bank will notify you in advance. The amendment will be in effect for all access to and activity on Simmons Credit Card Digital Services that occur after its effective date. If you do not agree with the change(s), you must notify us in writing prior to the effective date of the amendment that you wish to cancel your Simmons Credit Card Digital Services. You understand that by accessing or using Simmons Credit Card Digital Services after you have been notified of such an amendment, and it becomes effective, you will have agreed to the amendment and are bound by its terms.

20. NOTICES; ELECTRONIC COMMUNICATIONS. You agree that all notices and communications we may send may be sent by posting to Simmons Credit Card Digital Services or via electronic messaging, and you will be deemed to have received such notices or disclosures as of the date and time stamp reflected on the electronic message, whether or not you have retrieved the message by that time. You may be notified of an amendment to this Agreement or other disclosure relating to your use of Simmons CREDIT CARD DIGITAL SERVICES by message, banner or information page that you will need to acknowledge before or at the time you access Simmons Credit Card Digital Services. You have the right at any time to withdraw your consent to receive electronic communications, including amendments to this Agreement or other disclosures, with respect to Simmons Credit Card Digital Services, and you may request and receive a paper copy of the Agreement. If you choose to withdraw such consent, or to request a paper copy of the Agreement, please contact us by writing: Simmons Bank Credit Card Digital Services Department P.O. Box 6609 Pine Bluff, Arkansas 71611-6609. We reserve the right to terminate your use of Simmons Credit Card Digital Services should you withdraw your consent for electronic Agreements for the service.
You must promptly notify us if your e-mail address changes. You may change your e-mail address by clicking “View Profile” while logged on to Simmons Credit Card Digital Services.

21. ASSIGNMENT. Simmons Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. This Agreement is personal to you and you may not transfer or assign any of your rights or duties under this Agreement at any time.

22. MISCELLANEOUS. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Accounts for the purposes of the Simmons Credit Card Digital Services. You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Simmons Bank’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Simmons Bank’s right to subsequently enforce such provision or any other provisions of this Agreement. Except as set forth above under “AMENDMENTS,” this Agreement may be amended, or any of Simmons Bank’s rights waived, only if Simmons Bank agrees in writing to such changes. All notices to Simmons Bank must be made in writing and sent to Simmons Bank, Attention: Simmons Bank Credit Card Digital Services Department, P.O. Box 6609, Pine Bluff, AR 71611-6609, via registered or certified mail. You agree that Simmons Bank’s third party service providers, may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such third party service providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.

23. ENTIRE AGREEMENT. The most current version of this Agreement as it appears on Simmons Credit Card Digital Services, including any amendments that we may make from time to time, is the entire agreement between you and Simmons Bank regarding your use of Simmons Credit Card Digital Services, and it supersedes and replaces any prior discussions, understandings, and agreements, whether written or oral, between you and the Bank regarding Simmons Credit Card Digital Services, and supersedes any marketing or similar material pertaining to Simmons Credit Card Digital Services delivered to you in writing, verbally or obtained at any Bank Internet site or the site of any Internet service provider. This Agreement is specific only to Simmons Credit Card Digital Services and its use to access your Account. This Agreement constitutes a supplement to your Credit Card Agreement and does not amend or affect the terms and conditions concerning your Account that will continue to be governed by the Credit Card Agreement relating to the Account. If any provision of this Agreement is found to be void, invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall remain in full force and effect.

7/1/2020

© 2020 - Simmons Bank

4833-6228-3968v4

Card Alerts Terms and Conditions

1. TERMS AND CONDITIONS

1.1 It is important that you read these Terms and Conditions carefully. Together with our Privacy Policy (a copy of which is available from our website at www.simmonsbank.com/privacy-security/privacy-policy and the Frequently Asked Questions at www.simmonsbank.com/faqs/card-alerts, they govern our relationship with you in relation to your use of the Simmons Bank Card Alerts Service. If you have any questions about the contents of the documents or do not wish to accept them, please contact us at 1-866-246-2400 before continuing.

1.2 You may have other rights granted by law, and these Terms and Conditions do not affect such rights.

2. OUR DETAILS

2.1 We are Simmons Bank, an Arkansas state-chartered bank. Our registered office is at 501 Main Street, Pine Bluff, AR 71601.

2.2 You can contact us by telephone 1-866-246-2400.

3. WHO CAN USE THE SIMMONS BANK CARD ALERT SERVICE

3.1 To be eligible to register for the Simmons Bank Card Alerts Service you must be over 14 years old and a resident in the United States. In addition, you must have the following:

3.1.1 A Visa debit or credit card with us;

3.1.2 A compatible mobile phone or browser. The following minimum requirements must be met by your device: A smart phone with the ability to support a downloadable application (e.g. iPhone and Android); A mobile device with internet browsing (mobile web) capability; Have at least 64Kb of free memory; Be configured with the standard internet data connectivity settings for your network operator (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, which enables services such as internet browsing and email receipt and delivery from your mobile phone; Have free space available in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;

3.1.3 To receive SMS (Text) Alerts only from the Simmons Bank Card Alert Service, the minimum device requirements are less. All you need is to have free space in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;

3.2 You can only register a participating Simmons Bank Visa debit card or Visa credit card that you are lawfully entitled to use.

3.3 The Simmons Bank Card Alert Service can be used abroad in countries with compatible mobile networks, though charges may be higher. Fees associated with the transaction are the responsibility of the consumer unless otherwise disclosed by Simmons Bank.

3.4 You are responsible for ensuring that your use of the software application does not cause you to breach any other agreement to which you are a party (e.g. with your mobile network operator).

4. REGISTRATION

4.1 Once you have entered your registration details, you will be asked to confirm that the information is correct. If the information is not correct, you can revisit your registration and correct any mistakes before confirming and submitting your registration to us. It is your responsibility to ensure that your registration is correct before submitting it to us. If you have any problems with your registration, please contact our support line at 1-866-246-2400.

4.2 When you submit your registration, you are requesting to subscribe to the Simmons Bank Card Alert Service. We may reject your registration if you are not one of our customers or otherwise fail to satisfy any of the criteria listed above. We further reserve the right to reject your registration for any other reason. Use of the software application is subject to the terms and conditions of the software license and these Terms and Conditions. By downloading the software application, you accept the terms of the software license. You should review the software license prior to accepting the terms.

4.3 When we receive your Visa debit card or credit card account information, we will automatically verify that the information entered is correct, and that the card account belongs to you. Once these details are verified, your card will be activated for the Simmons Bank Card Alert Service.

5. THE SIMMONS BANK CARD ALERT SERVICE

5.1 The Simmons Bank Card Alert Service provided by Simmons Bank, is a service that gives you access to account information. Please note that we may add new services from time to time.

5.2 The complete range of services offered as part of our Simmons Bank Card Alerts Service may include:

5.2.1 Balance inquiries;

5.2.2 Mini statements (transaction history);

5.2.3 Transfers between accounts associated with your registered card (e.g. Checking and Savings);

5.2.4 SMS (text), Push (application), and Email alerts

5.3 The Simmons Bank Card Alerts Service is normally available 24 hours a day, 7 days a week, and 365 days a year apart from planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network, or where you are not in an area of mobile coverage.

5.4 Further you acknowledge that we may withdraw all or part of the Simmons Bank Card Alerts Service at any time and without notice.

6. AUTHORITY

6.1 You authorize Simmons Bank and anyone acting on our behalf to accept and act on your instructions and (where relevant) to pay into and from your account(s) the amounts involved when a transaction has been authenticated by the use of the security procedure which is set out below. You acknowledge and agree that your authority may be on an account that could otherwise only be operated by two or more persons.

6.2 You agree that if you have a joint account we will act on the instructions of either you or the other account holder(s), but you are each responsible for all transactions carried out and for the repayment of any resultant borrowing which arises on your account.

7. SECURITY PROCEDURE

7.1 You must keep your security details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them.

7.2 You must not disclose your security details to any other person or record your security details in any way that may result in them becoming known to another person.

7.3 Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine), then it is likely to be fraudulent and you must not supply your security details to them under any circumstances. Additionally, you should report any such requests to us immediately.

7.4 If you suspect that anyone knows your security details, you must contact us immediately. If you fail to do so, you will be liable for any unauthorized transactions on your account confirmed by use of your security details.

7.5 You will be responsible for all instructions received from us between the time you pass the security procedure until the time you exit from the Simmons Bank Card Alerts Service. Please note that this includes any input errors or instructions sent by someone other than yourself, so please do not leave your mobile phone unattended while you are still logged onto the Simmons Bank Card Alert Service.

7.6 You acknowledge that you are responsible for all transactions carried out using the Simmons Bank Card Alert Service on your mobile phone, which may include but not be limited to the payment of fees or other charges.

8. ADDING EXTRA CARDS

8.1 You may add another card and additional features to the service from within the software application at anytime by following the simple steps in the application software. We will automatically verify each new card request before activating the card for the Simmons Bank Card Alerts Service.

9. LIABILITY

9.1 These Terms and Conditions do not exclude our liability (if any) to you for:

9.1.1 Personal injury or death resulting from our negligence;

9.1.2 Fraud;

9.1.3 Any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

9.2 We are not liable for any losses you suffer arising from fraudulent use of your card where this results from you not keeping your security details safe as recommended by us.

9.3 If your mobile phone is lost or stolen, you must tell us (by contacting Simmons Bank at 1-866-246-2400) as soon as is reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile phone provider of the loss or theft of your mobile phone. Until you tell us that any of these things have happened we will continue to provide the Simmons Bank Card Alerts Service to your mobile phone and we will not be liable if your account information becomes known to someone else as a result.

9.4 We are not liable for any error by you in entering any details when you use the Simmons Bank Card Alerts Service (e.g. if you key in the wrong mobile number).

9.5 If we believe that you or someone else is using or has obtained, or may use or obtain the Simmons Bank Card Alerts Service illegally, fraudulently or improperly, then we may cancel or suspend your use of the Simmons Bank Card Alerts Service without notice.

9.6 We will not be liable to you if the Simmons Card Alerts service is not available to you due to any planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network or where you are not in an area of mobile coverage.

9.7 The Simmons Bank Card Alerts application is provided "as is" with no representation, guarantee or warranty of any kind as to its functionality. We cannot guarantee that the application will be compatible with every type of mobile phone.

9.8 Simmons Bank,  VISA INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SIMMONS BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SIMMONS BANK, VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

9.9 IN NO EVENT WILL Simmons Bank BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE SIMMONS BANK CARD ALERT SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

10. YOUR RIGHT TO CANCEL

10.1 If you wish to deactivate your account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions and then delete the software application from your mobile phone.

10.2 It is your responsibility to delete the software application from your mobile phone if you change your mobile phone or dispose of it.

10.3 You agree that we will not be liable to you or any third party for any modification or discontinuance of the Simmons Bank Card Alerts Service.

11. OTHER IMPORTANT INFORMATION

11.1 We have the right to change these Terms and Conditions at any time and you will be notified in writing by us with regards to the changes.

11.2 If we believe that any price increase or change to the Terms and Conditions is likely to cause you material disadvantage we will let you know as soon as possible prior to any change.

11.3 If you do not agree with any change to the Terms and Conditions, you are free to stop using the Simmons Bank Card Alerts Service at any time. If you wish us to deactivate your account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions, and then delete the software application from your mobile phone.

11.4 We may not necessarily keep a copy of your order and these Terms and Conditions. Accordingly, we advise you to keep a record of your order and a copy of these Terms and Conditions for your information and reference.

11.5 The contract and all communications between us will be conducted in the English language.

11.6 Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions will be governed by the laws of Arkansas, whose courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions.

11.7 If you have any complaints about the Card Alerts service please write to us at: Simmons Bank Customer Service Center, P.O. Box 7009, Pine Bluff, AR 71611 or telephone 1-866-246-2400.

11.8 You acknowledge that there may be third parties who have rights under these Terms and Conditions (including, without limitation, our suppliers, the software application developer and the manufacturer of your mobile phone)and you acknowledge that, to the extent permitted by law, those third parties may exercise their rights under these Terms and Conditions even though they are not a party to them.