Personal Debit Card, Health Savings Account Debit Card and ATM Card Agreement and Disclosure June 2014

Effective June 21, 2014
Member FDIC

This Agreement (herein called the “Agreement”) covers your use of the ATM Card, Personal Debit Card and Health Savings Account Debit Card, if you have one, issued by Frost Bank. In this Agreement the words “we,” “us,” “our,” and “Bank” refer to Frost Bank. The word “card” refers to the ATM Card or Debit Card bearing your name as cardholder, your card account number, and our name as issuer, which accesses your designated checking, savings, and/or money market accounts (herein called the “account[s]”) at Bank. You have selected a personal identification number (PIN) to use with your card. With your card and PIN you will be able to perform certain transactions at our automated teller machines (ATMs) and other ATMs which are part of the networks in which we participate, and you may use the card for purchases or to secure cash advances at certain locations.
Any person referred to by the words “you,” “your” and “yours” in this Agreement, who retains the card or who uses or permits another to use the card, hereby agrees with Bank as follows:

1. SERVICES AVAILABLE – The services available through use of the card operate through your designated deposit account(s) and are subject to the agreements and all terms and conditions that otherwise govern the use of such account(s).

ATM BANKING – You may use your card and PIN at ATMs which are a part of the networks in which we participate to make transfers between your account(s), to withdraw cash from your account(s), to make balance inquiries, and to make deposits to your account(s) (at our deposit-taking ATMs only).

PURCHASES OR CASH ADVANCES – You may use your card and PIN to purchase goods and services at any point-of-sale (POS) terminal bearing the Pulse logo and you may also initiate withdrawals from your account(s) by presenting the personal Debit Card to a bank, or to merchants or other persons who honor Visa or MasterCard® cards, signing, or otherwise authorizing, an appropriate sales draft, and following any other customer procedures established by the bank or such merchant or other person. Some merchants are authorized to accept non-Visa or non-MasterCard debit transactions without requiring you to enter your PIN. Because these transactions are not processed through the Visa or MasterCard system, provisions of your cardholder agreement that specifically relate to Visa or MasterCard transactions do not apply. (The terms “presenting the card” or “use of the card”, as used in this Agreement, include presenting or using the number stated on the card; and the terms “sales draft” or “drafts,” as used in this Agreement, mean any sales draft, withdrawal slip or other document or electronic transmission generated in connection with a use or presentation of the card to obtain goods, services, cash or any other thing of value.)

You request and authorize Bank to pay, from your account(s) and to any bank, merchant or other person who presents any sales draft for payment, the amount specified in such draft, and to debit your account(s) for that amount. You further request and authorize Bank to pay from and debit your account(s) for all other amounts if the payment of those amounts is initiated through use of the card. Each payment from your account originated by use of the card may be charged by Bank to your account with the same legal effect as any authorized check drawn on the account, except as otherwise provided herein. Use of the card to originate a withdrawal or authorize a payment shall constitute a simultaneous withdrawal from your account, even though such withdrawal may not be actually posted to your account until a later date. Bank shall not be obligated to authorize withdrawals against deposits that have not been finally posted and settled to your account. Any payment by us, in accordance with this Agreement, shall reduce, by the amount of the payment, our debt to you in connection with your account(s). You also request and authorize Bank to credit your account(s) for the amount of any credit voucher originated in connection with use of the card.

2. RIGHTS AND OBLIGATIONS – This Agreement establishes rights and obligations regarding the use of the card and PIN, and regarding your designated deposit account(s) at Bank in connection with which the card is issued. The term “card,” as used herein, includes all renewal card(s) issued to you in connection with the account(s). You make this Agreement on your behalf and on behalf of all other persons authorized or entitled to make withdrawals from the account. You warrant that you are entitled or authorized to withdraw from the account any and all amounts therein, and you agree that you will not divulge your PIN to any person nor authorize any person to use the card unless that person is likewise so entitled or authorized. If you permit or authorize another person to use your card, you will be liable for the resulting transactions. If two or more persons are authorized to use the card and/or to sign on the account, each of those persons warrants to Bank that he or she has the authority to bind the other(s) to the terms and conditions of this Agreement, and each of those persons shall be jointly and severally responsible for the performance of your obligations specified herein. Your retention and use of the card, or your permitting another to use the card, or your signing the card or any sales draft in connection with the use thereof, shall be the equivalent of signing this Agreement and the subsequent amendments hereto, and shall constitute your agreement to the terms of this Agreement and any amendments hereto. This Agreement incorporates by reference your current address as shown on the records of Bank. The card shall remain Bank’s property at all times, and you shall immediately deliver it to Bank on demand. If Bank retains an attorney in connection with your breach of any obligations specified herein, you shall pay all legal fees and expenses incurred by Bank.

3. TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS – So long as you have sufficient available funds in your account(s), you may use your card for the purchases/services mentioned below, but not to exceed the daily transaction limits described below. Should you require a higher maximum daily limit for a special circumstance, please contact us. From time to time there may be exceptions to the daily transaction limits due to security procedures or local interchange restrictions. The card or a sales draft may be used to access any overdraft protection you may have for your account(s) (subject to any applicable overdraft protection fees). If we elect to pay any transaction that overdraws your account, you shall immediately, without demand, pay to us the amount of the overdraft and all applicable fees and charges.

At ATM locations which are part of the networks in which we participate you may use your card to withdraw cash from your account(s), transfer funds between your account(s), make balance inquiries and make deposits to your account(s) (deposits can only be made at our deposit-taking ATMs). You may use your card at POS terminals bearing the Pulse logo, and you may use your Debit Card at Visa or MasterCard merchants to purchase goods and services, and at participating financial institutions to obtain cash advances. So long as you have sufficient funds available, you may use your card for transactions up to the following limits in a single calendar day:

(a) You may withdraw up to $1,000 per card per day at ATM terminals.
(b) You may purchase up to $4,500 per account per day at Visa or MasterCard merchants, POS terminals, and by cash advance.

Savings accounts cannot be accessed for POS or Visa or MasterCard merchant transactions or for cash advances at participating financial institutions; and money market accounts cannot be accessed for these type transactions unless you have made special arrangements with us. If an ATM is not operational, you may not be able to withdraw cash or transfer money between your accounts. Under certain conditions, such as when our computer is not operational, some transactions may be limited.

4. CHARGES – For information regarding our service charges and fees applicable to your account(s) and the use of your card, see our current Schedule of Fees. By use of the card you agree to pay those fees and charges in effect from time to time. Such charges and fees shall never exceed the maximum amount allowed by applicable law.

5. ATM FEES CHARGED BY OTHERS – If you use an ATM that is not operated by us, you may also be charged a fee by the ATM operator and/or by any automated transfer network used, and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer.
You agree to pay such fees.

6. GOVERNING PROCEDURES – The account(s) and its/their use, and use of the card, shall be governed by this Agreement, any other agreements made and signature cards signed with respect thereto, previously or hereafter, by you or any other person authorized to sign on the account(s), and any terms contained on the card. If any provision of this Agreement conflicts with a provision of any such other agreements, the provisions of this Agreement shall control with regard to the use of the card. We may establish whatever procedures and limits we believe are appropriate to enable us to prevent unauthorized use of the card. Those procedures may include the requirement that the person honoring the card obtain approval of the card’s use in certain transactions before we will debit the account and pay that person any funds in connection with those transactions. You shall have no claim or right of action against us for our failure or refusal to approve use of the card if the use is not within the procedures and limits established by us or in accordance with our agreements with you, regardless of whether or not the transaction would overdraw the account. We shall not be liable if any financial institution, merchant or other person does not accept or honor your card (or the number stated on it).

7. TERMINATION – We may, without notice or liability to you and without affecting your liability to us for previous card transactions, revoke or cancel the card and your right to use it and decline to make further charges against your account(s) through use of the card. You acknowledge that the card remains the property of Bank and you agree to surrender the card to us upon request and not transfer it to any third party. If the card is lost or stolen, you agree to notify us immediately, and to fully cooperate with us, including, but not limited to, providing us with all facts and information known by or reasonably available to you regarding such loss or theft.

8. STOP PAYMENT – Stop payment orders are not allowed on transactions initiated through use of your card.

9. DOCUMENTATION OF TRANSFERS – (a) Terminal Transfers - You can get a receipt at the time you make any transfer to or from your account(s) using your card at any participating ATM, POS terminal or financial institution, unless the transaction is $15 or less, in which case a receipt is not required to be given. Although the receipt may show another type of transaction, each transfer from your account using the card constitutes a withdrawal from your account. (b) Periodic Statements - You will receive a statement for your account detailing all electronic funds transfers for each monthly statement period in which an electronic fund transfer to or from that account has occurred, and in any case you will receive a statement for that account at least quarterly.

10. FOREIGN CURRENCY TRANSACTIONS – If you use your card to conduct a transaction in a foreign currency, we will charge or credit your account for the U.S. Dollar equivalent of the transaction as transmitted to us. The transaction amount will be converted to U.S. Dollars by the bank or network through which the transaction is processed using an exchange rate that the processor shall determine. The date of conversion may differ from the purchase date and the posting date identified in the monthly statement for your designated account. You agree to pay charges and accept credits for the converted transaction amounts. A fee may be charged for a foreign currency conversion by the bank or network through which the transaction is processed, and you agree to pay such fees. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa or MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate Visa or MasterCard itself receives, or the government-mandated rate in effect for the applicable central processing date, plus 1 percent.

11. LAWFUL PURPOSES – You agree to not use or allow your card to be used, in person or through electronic devices (including, without limitation, the Internet), to purchase any unlawful goods or services or for any unlawful activity (including, without limitation, participation in any gambling activities). We may decline to make any transfer actually known to us to be for an unlawful purpose. You are responsible for determining whether any good, service or activity for which your card is used is lawful. If you use or allow your card to be used for any unlawful purpose, you agree not to make any claim against us with respect thereto. Further, you agree to indemnify and hold us harmless from any and all legal action or liability which may be asserted, directly or indirectly, against us arising out of or resulting from the illegal use of your card.

12. AMENDMENTS – We may amend this Agreement at any time. When a change in terms notice is required by law, we will mail a copy of such amendment to you, at your last known address as shown on our records, at least 21 days prior to the date on which such amendment becomes effective. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the card, an account, or an electronic fund transfer system, or when notice is not required by applicable law.

13. INDEMNITY – You are responsible to settle directly with the merchant or other business establishment any claim or defense with respect to goods or services purchased with the card. We are not responsible for, and you agree to indemnify and hold us harmless from and with respect to any and all damages or liability resulting from, any misrepresentation by a merchant or other business establishment of quality, price or warranty of goods or services paid for by using the card, or with respect to any discount offered as part of the card program. We do not warrant any discounts related to the card. To the fullest extent allowed by applicable law, you agree to indemnify and hold us harmless from and with respect to any and all claims, damages or liability resulting from: (i) any misrepresentation with respect to or any breach or nonfulfillment by you or anyone you permit to use the card of any of the terms, conditions and provisions of this Agreement; (ii) the misuse of the card by you or anyone you permit to use the card; (iii) the failure to properly use the card in accordance herewith; or (iv) any other act or omission with respect to use of the card and/or PIN by you or anyone you permit to use the card and/or PIN resulting in claims against or damages or liability to Bank; together with all judgements, costs, legal and other reasonable expenses resulting from or incidental to any of the above.

14. APPLICABLE LAW – The validity, construction and enforcement of this Agreement and all matters arising out of the issuance and use of the card shall be governed by applicable laws of the State of Texas and of the United States. If a portion of this Agreement is held to be invalid or unenforceable for any reason, the remainder hereof shall not be affected thereby.

15. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS – Tell us AT ONCE if you believe your Frost Bank ATM Card, Debit Card or similar card, or your Frost Bank User ID, PIN or other device or code which accesses your Account has been lost, stolen or otherwise learned or acquired by an unauthorized person, or if you believe that an electronic funds transfer has been made without your permission using information from your check or otherwise. The best way to minimize your loss is to call us immediately. The unauthorized use of your card or PIN could cause you to lose all of your money in your Accounts, plus any amount available under your overdraft protection if you do not notify us in a timely manner. Also, if your Account statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.
You will have no liability for unauthorized transactions if you notify us within sixty (60) calendar days after the statement showing the transaction has been mailed to you. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
For transactions processed through the Visa system (for example, use of your personal Debit Card with a signature authorization), liability limits differ from those set forth above. For transactions processed through the Visa system, you will have no liability for unauthorized transactions if you report the unauthorized transactions to us. We may impose greater liability, to the extent allowed by law, if we reasonably determine that you were grossly negligent or fraudulent in the handling of your Account or your personal Debit Card. This may include your delay for an unreasonable time in reporting unauthorized transactions.

For transactions processed over the MasterCard network, you will have no liability for unauthorized transactions if you immediately report the unauthorized transactions to us. Your Account must be in good standing, you must have exercised reasonable care in safeguarding the Card(s), and you must not have reported two or more unauthorized events in the past twelve (12) months. Zero liability protection does not apply to:
(i) MasterCard cards issued for commercial, business or agricultural purposes, except for MasterCard commercial cards used for small businesses as listed on www.mastercardbusiness.com; or (ii) if a PIN for a debit transaction (including an ATM transaction) is used for the unauthorized transaction. We may impose greater liability, to the extent allowed by law, if we reasonably determine that you were grossly negligent or fraudulent in the handling of your Account or your Personal Debit Card over the MasterCard network. This may include your delay for an unreasonable time in reporting unauthorized transactions. In no event will we be liable to you for any consequential, incidental, or exemplary damages resulting from the authorized use of a Card.

16. HOW TO NOTIFY US – The telephone number and relevant address for notification are as follows:
       Telephone: 1-800-513-7678
       In writing: Frost Bank
       Telephone Customer Service
       P.O. Box 1600, San Antonio, TX 78296
       E-mail: webhelp@frostbank.com
Frost Online Banking users can also report a lost or stolen card online at www.frostbank.com by going to the Frost Online Banking homepage, clicking “Account Services” and under “Card Management” clicking “Report a lost or stolen card.”

17. ERROR RESOLUTION PROCEDURES – In case of errors or questions about your electronic funds transfers, either call or write to us using our contact information as listed above. Call or write as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) calendar days after we sent you the FIRST statement on which the problem or error appeared. You must provide us with the following information:
     1. Tell us your name and Account number.
     2. Describe the error or the transfer you are unsure about and explain 
     as clearly as you can why you believe it is an error or why you
     need more information.
     3. Tell us the dollar amount of the suspected error.
If you tell us orally or electronically, we may require that you send us your complaint or question in writing within ten (10) Business Days after you initially inform us. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. However, if we need more time, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days of our request, we may not credit your Account.
For errors involving a transfer to or from an Account within thirty (30) calendar days after the first deposit to that Account (herein referred to as a “New Account”), or for errors involving POS or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For New Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.
If a notice of error involves unauthorized use of your card for a transaction processed through the Visa or MasterCard system (for example, use of your personal Debit Card with a signature authorization) we will provide provisional credit within five (5) Business Days after you notify us instead of within the usual ten (10) or twenty (20) Business Days. We may in our sole discretion withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if we believe that the circumstances or Account history warrants the delay.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

18. BUSINESS DAYS – For purposes of these electronic banking disclosures, and for this Agreement in general, our “Business Days” are Monday through Friday, excluding federal holidays.

19. CONFIDENTIALITY
We will disclose information to third parties or our affiliates about your Account(s) or transfers you make:
  • Where it is necessary for completing transfers
  • In order to verify the existence and condition of your Account(s) for a
    third party, such as a credit bureau or merchant
  • In order to comply with government agency or court orders, or other
    applicable law
  • If you give us your written permission
  • In accordance with our privacy statement as set forth in our Customer
    Privacy Disclosure

20. FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS – If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages up to the amount of the transfer. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. However, there are some exceptions to our liability. We will not be liable, for instance:
  • If, through no fault of ours, you do not have enough money in your  
    Account to make the transfer.
  • If the transfer would go over the credit limit on any overdraft line
    associated with your Account.
  • If the ATM where you are making the transfer does not have enough
    cash.
  • If the ATM, terminal or system was not working properly and you knew
    about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as power outages, equipment
    failures, fire or flood) prevent the transfer, despite commercially
    reasonable precautions that we have taken.
  • If the funds are subject to legal process or other encumbrance restricting
    the transfer.
  • If an Account becomes dormant (in which case we may terminate card
    or code access to that Account).
  • If your card or code has been revoked due to inactivity or at our
    discretion.
There may be other exceptions, in addition to those listed above, stated in any other of our agreements with you, or as permitted by law.

HEALTH SAVINGS ACCOUNT DEBIT CARD
The following information refers specifically to the usage of your Health Savings Account Debit Card and is in addition to the information contained in this Agreement. You are entitled to have a Debit Card issued to you in connection with your Health Savings Account. Your use of the Debit Card is governed by the terms in this Agreement. This card may be used to make point of sale purchases at most health care provider locations and can also be used to make cash withdrawals from your account. If you withdraw cash from your account, or use the account to make purchases, and cannot prove that such use was for qualifying medical expenses, you may be charged both tax and a penalty by the federal government on the withdrawal. Bank has no obligation to verify, and shall not advise you, as to the eligibility of any expense paid or reimbursed through the Health Savings Account as a qualifying medical expense under the law. Please consult your tax advisor, or refer to IRS publication 969 for a description of the possible tax and penalties for misuse of your Health Savings Account, and publication 502 for a description of what constitutes a qualifying medical expense.

VERIFIED BY VISA TERMS OF SERVICE
The following Terms of Service Agreement supplements and is a part of the Personal and Health Savings Account Debit Card Agreement and Disclosure (the “Cardholder Agreement”) set forth above. In addition to this Terms of Service Agreement, Verified by Visa is also subject to the Cardholder Agreement governing the card transactions for which Verified by Visa is used.

Please read this Terms of Service Agreement carefully before using Verified by Visa. In this Agreement, “We,” “Us,” or “Our” refers to Frost Bank, and “You,” Your,” or “Yours” refers to the user of Verified by VISA.

1. ACCEPTANCE OF TERMS
(a) Verified by Visa provides its service to you, subject to the following Terms of Service (“TOS”) and our Cardholder Agreement with you governing the card transactions for which Verified by Visa is used. The TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.frostbank.com. In addition, when using Verified by Visa, you shall be subject to any posted guidelines or rules applicable to Verified by Visa that may be posted from time to time at the same web site.

(b) You agree that creation of a Verified by Visa account password, and/or use of Verified by Visa, will represent your acceptance of this TOS. Continued use of Verified by Visa after any revisions to this TOS or the guidelines or rules applicable to Verified by Visa have been posted to our website mentioned above shall constitute your agreement to such revised terms, guidelines or rules.

(c) Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change Verified by Visa shall be subject to this TOS.

(d) Frost Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Verified by Visa (or any part thereof) with or without notice.

2. DESCRIPTION OF Verified by Visa – Verified by Visa provides you with a way of increasing security in online and other transactions for which Verified by Visa is used by reducing the chances of fraud for those transactions. Registering for Verified by Visa involves providing personal information to us, which is then used to confirm your identity in connection with future online transactions or other transactions for which Verified by Visa is used, as discussed in more detail in Section 5 below. Verified by Visa also may be used for record keeping and reporting purposes, as well as to help resolve any transaction disputes. Your Registration Data, as defined in Section 3(b), and other personal information is not shared with the merchant, as discussed in more detail in Section 6 below.

3. YOUR REGISTRATION OBLIGATIONS
(a) By signing up for Verified by Visa, you authorize us to retain certain information about you and your card(s). You authorize us to obtain from certain third parties selected by us, including consumer credit bureaus and other consumer reporting agencies, information about you and your card(s) to use in connection with Verified by Visa. You authorize us to use and retain this information in accordance with our Privacy Policy (see Section 6 below). Your information will be associated with a unique identifier for you (your card number and your name).

(b) You agree to (i) provide true, accurate, current and complete information about yourself as prompted by Verified by Visa's registration form (“Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of Verified by Visa.

4. REGISTRATION
(a) In order to use Verified by Visa, you must provide certain information to us that allows us to validate your identity and verify that you are the owner of or an authorized user of the specified card(s). The information that you provide may be validated against information we already have on file that is associated with you or your card(s), information we receive from one or more third parties, or information maintained by a third party.

(b) If you are unable to provide adequate information for us to validate your identity, we have the right to not allow you to register for Verified by Visa. You warrant that the information is correct and that you have the legal right to use the card(s) that you register for Verified by Visa.

(c) If you do not successfully register for Verified by Visa, the merchant may not accept your card in payment for an e-commerce or other transaction subject to Verified by Visa.

(d) In order to use Verified by Visa, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.

(e) In the event you have a question regarding the Verified by Visa registration process or a transaction using Verified by Visa, you should direct that question to the Frost Bank Internet Banking Service Center at 1-877-714-4932.

5. AUTHENTICATION
(a) During registration in Verified by Visa, you may be asked to select or may be provided a password and hint-and-response question and answer. When engaging in an online transaction or other transaction for which Verified by Visa is used, you may be asked for your Verified by Visa password or hint response before the merchant accepts your card in payment for the transaction. If you are unable to provide your Verified by Visa password or hint response, or if the authentication through Verified by Visa otherwise fails, the merchant may not accept your card in payment for that transaction.

(b) By registering in Verified by Visa, you assent to the use of Verified by Visa to evidence your identity, including for purposes of authorizing transactions in advance to recur at substantially regular intervals.

6. PRIVACY POLICY
(a) Verified by Visa stores your Registration Data. Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which Verified by Visa is used.

(b) You acknowledge and agree that Verified by Visa may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, as defined in Section 8(a)(ix), in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.

(c) Registration Data and all personally identifying information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy at www.frostbank.com.

7. CARDHOLDER PASSWORD AND SECURITY – You are solely responsible for maintaining the confidentiality of your password, Registration Data and other verification information established by you with Verified by Visa, and all activities that occur using your password, Registration Data or other verification information supplied to or established by you with Verified by Visa. You agree not to transfer or sell your use of, or access to, Verified by Visa to any third party. You agree to immediately notify us, by contacting us as we require in our Cardholder Agreement with you for a lost or stolen card, of any unauthorized use of your password or other verification information, or any other breach of security.
You acknowledge and agree that, except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, Frost Bank shall not be liable for any loss or damage arising from your failure to comply with this TOS.

8. YOUR CONDUCT
(a) You agree not to:
     (i) impersonate any person or entity using Verified by Visa;
     (ii) upload, post, email or otherwise transmit any material that contains 
     software viruses or any other computer code, files or programs designed
     to interrupt, destroy or limit the functionality of any computer software or
     hardware or tele-communications equipment used by Verified by Visa;
     (iii) spam or flood the Verified by Visa Website or service;
     (iv) modify, adapt, sub-license, translate, sell, reverse engineer,
     decompile or disassemble any portion of the Verified by Visa Website
     or service or the software used in connection with Verified by Visa;
     (v) remove any copyright, trademark, or other proprietary rights notices
     contained in Verified by Visa;
     (vi) “frame” or “mirror” any part of the Verified by Visa Website or service
     without Visa’s prior written authorization;
     (vii) use any robot, spider, site search/retrieval application, or other
     manual or automatic device or process to retrieve, index, “data mine,” or
     in any way reproduce or circumvent the navigational structure or
     presentation of the Verified by Visa Website or service or its contents;
     (viii) otherwise interfere with, or disrupt, Verified by Visa or servers or
     networks connected to Verified by Visa, or violate this TOS or any
     requirements, procedures, policies or regulations of Verified by Visa or
     of any networks connected to Verified by Visa; or
     (ix) intentionally or unintentionally violate any applicable local, state,
     national or international statute, regulation, regulatory guideline or
     judicial or administrative interpretation, or any rule or requirement
     established by Visa (all of which shall constitute “Applicable Law”) in
     connection with your use of Verified by Visa.

9. LIABILITY
(a) You agree that Frost Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of Verified by Visa.

(b) Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of Verified by Visa.

(c) Frost Bank assumes no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from our Website or the Verified by Visa Website.

10. TERMINATION
(a) If you want to end your ability to use Verified by Visa, you must send an e-mail to webhelp@frostbank.com so that your password and Registration Data with Verified by Visa can be deactivated. Any purchases you made using Verified by Visa prior to deactivation will not be affected.

(b) We may temporarily or permanently deactivate your ability to use Verified by Visa and/or terminate your relationship with us at any time, with or without fault on your part. For your protection, we will automatically deactivate your ability to use Verified by Visa if it is not used at least one time during any twelve (12) month period. If we deactivate your ability to use Verified by Visa, we will promptly give you notice at the most current e-mail address you have provided to us as reflected in our records.

11. DEALINGS WITH MERCHANTS – Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through Verified by Visa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, Frost Bank shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of Verified by Visa does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in Verified by Visa. For example, Verified by Visa does not verify the identity of the merchant or the quality of the merchant’s goods or services.

12. DISCLAIMER OF WARRANTIES
(a) You expressly understand and agree that any software obtained through the use of Verified by Visa is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Verified by Visa.

(b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, FROST BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT VERIFIED BY VISA OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. NOTICE ­– Notices to you may be made via either email or regular mail to any address in your Registration Data or other information that you have provided to us in connection with any of your accounts with us, or cards issued or otherwise provided by us. You also may be notified of changes to this TOS or other matters by notices displayed on or links to notices displayed on www.frostbank.com.

14. AGE AND RESPONSIBILITY – You represent that you are of sufficient legal age to use Verified by Visa and to create binding legal obligations for any liability you may incur as a result of the use of Verified by Visa. Except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, you understand that you are financially responsible for all uses of Verified by Visa by you and those authorized by you to use your Registration Data, your password or other verification information.

MASTERCARD® SECURECODE™ TERMS OF SERVICE
The following Terms of Service Agreement supplements and is a part of the Personal and Health Savings Account Debit Card Agreement and Disclosure (the “Cardholder Agreement”) set forth above. In addition to the Terms of Service (“TOS”), MasterCard SecureCode (“Service”) is also subject to the Cardholder Agreement governing the card transactions for which MasterCard SecureCode is used.

Please read the Terms of Service Agreement carefully before using MasterCard SecureCode. In this TOS, “We,” “Us,” or “Our” refers to Frost Bank, and “You,” Your,” or “Yours” refers to the user of MasterCard SecureCode. “Card” means the debit MasterCard issued by us that is associated with your SecureCode for the Service. By registering for and/or using the Service you acknowledge that you have read, understood, and agree to be bound by the TOS.

1. ACCEPTANCE OF TERMS
(a) MasterCard SecureCode provides its service to you, subject to the following Terms of Service (“TOS”) and our cardholder agreement governing the card transactions for which MasterCard SecureCode is used. The TOS may be updated from time to time without notice to you. You can review the most current version of the TOS at any time by visiting www.frostbank.com. In addition, when using MasterCard SecureCode, you shall be subject to any posted guidelines or rules applicable to MasterCard SecureCode that may be posted from time to time at the same website.

(b) You agree that creation of a SecureCode and/or use of MasterCard SecureCode will represent your acceptance of this TOS. Continued use of MasterCard SecureCode after any revisions of this TOS or the guidelines or rules applicable to MasterCard SecureCode shall constitute your agreement to such revised terms, guidelines or rules.

(c) Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change MasterCard SecureCode shall be subject to this TOS.

(d) Frost Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MasterCard SecureCode (or any part thereof) with or without notice.

2. DESCRIPTION OF MASTERCARD SECURECODE – Registering for MasterCard SecureCode involves providing personal information, which is then used to confirm your identity in connection with future online transactions, as discussed in more detail in Section 5 below. MasterCard SecureCode also may be used by you for record keeping purposes, as well as to help resolve any transaction disputes. Your Registration Data, as defined in Section 3(b), and other personal information is not shared with the merchant, as discussed in more detail in Section 6 below.
The MasterCard SecureCode service can only be used when shopping at participating online merchants.

3. YOUR REGISTRATION OBLIGATIONS
(a) By signing up for MasterCard SecureCode, you authorize us to retain certain information about you and your card(s). You authorize us to obtain from certain third parties selected by us, including consumer credit bureaus and other consumer reporting agencies, information about you and your card(s) to use in connection with MasterCard SecureCode. You authorize us to use and retain this information in accordance with our Privacy Policy (see Section 6 below). Your information will be associated with a unique identifier for you, which is your SecureCode.

(b) You agree to (i) provide true, accurate, current and complete information about yourself as prompted by MasterCard SecureCode registration form (“Registration Data”), and (ii) maintain or promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of MasterCard SecureCode.

4. REGISTRATION
(a) In order to use MasterCard SecureCode, you must provide certain information to us that allows us to validate your identity and verify that you are the owner or an authorized user of the specified card(s). The information that you provide may be validated against information we already has on file that is associated with you or your card(s), information we receive from one or more third parties, or information maintained by a third party.

(b) If you are unable to provide adequate information to validate your identity, we have the right to not allow you to register for MasterCard SecureCode. You warrant that the information you provide during registration is correct and that you have the legal right to use the card(s) you register for MasterCard SecureCode.

(c) If you do not successfully register for MasterCard SecureCode, the merchant may not accept your card in payment for an e-commerce or other transaction subject to MasterCard SecureCode.

(d) In order to use MasterCard SecureCode you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have access to the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.

(e) In the event you have a question regarding the MasterCard SecureCode registration process or a transaction using MasterCard SecureCode, you should direct that question to the Frost Bank Internet Banking Service Center at 1-877-714-4932.

5. AUTHENTICATION
(a) During registration for MasterCard SecureCode, you will be asked to provide certain information that is already on file with Frost Bank and to select a SecureCode and Personal Greeting, which will appear in a pop-up screen when you initiate an online purchase through a participating merchant (“Personal Greeting”). When engaging in an online transaction with a participating merchant, you will be asked for your SecureCode before the merchant accepts your card in payment for the transaction. If you are unable to provide SecureCode, or if the authentication through MasterCard SecureCode fails, the merchant may not accept your card in payment for that transaction. The Personal Greeting will be displayed in the authentication window every time a purchase I made as an assurance to the cardholder that he or she is communicating with Frost Bank.

(b) By registering with MasterCard SecureCode, you assent to the use of MasterCard SecureCode to evidence your identity, including for purposes of authorizing transactions in advance to recur at substantially regular intervals.

6. PRIVACY POLICY
(a) MasterCard SecureCode stores your Registration Data. Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which MasterCard SecureCode is used.

(b) You acknowledge and agree that MasterCard SecureCode may keep your Registration Data and also may disclose your Registration Data if required to do by applicable law, in the good faith belief that such preservation or disclosure is permitted by applicable law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.

7. CARDHOLDER SECURECODE AND SECURITY – You are solely responsible for maintaining the confidentiality of your SecureCode, Registration Data and other verification information established by you with MasterCard SecureCode, and all activities that occur using your SecureCode, Registration Data or other verification information supplied to or established by you with MasterCard SecureCode. You agree not to transfer or sell your use of, or access to, MasterCard SecureCode to any third party. You agree to immediately notify us, by contacting us as we require in our Cardholder Agreement with you for a lost or stolen card, any unauthorized use of your password or other verification information, or any other breach of security. You acknowledge and agree that, except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, Frost Bank shall not be liable for any loss or damage arising from your failure to comply with this TOS.

8. YOUR CONDUCT
(a) You agree not to:
     (i) impersonate any person or entity using MasterCard SecureCode;
     (ii) upload, post, email or otherwise transmit any material that contains
     software viruses or any other computer code, files or programs designed
     to interrupt, destroy or limit the functionality of any computer software or
     hardware or telecommunications equipment used by MasterCard
     SecureCode;
     (iii) spam or flood the MasterCard SecureCode Website or service;
     (iv) modify, adapt, sub-license, translate, sell, reverse engineer,
     decompile or disassemble any portion of the MasterCard SecureCode
     Website or service or the software used in connection with MasterCard
     SecureCode;
     (v) remove any copyright, trademark, or other proprietary rights notices
     contained in MasterCard SecureCode’s Website;
     (vi) “frame” or “mirror” any part of the MasterCard SecureCode Website
     or service without the prior written authorization from both Frost Bank
     and MasterCard International;
     (vii) use any robot, spider, site search/retrieval application, or other
     manual or automatic device or process to retrieve, index, “data mine,” or
     in any way reproduce or circumvent the navigational structure or
     presentation of the MasterCard SecureCode Website or service or its
     contents;
     (viii) otherwise interfere with, or disrupt, MasterCard SecureCode or
     servers or networks connected to MasterCard SecureCode , or violate
     this TOS or any requirements, procedures, policies or regulations of
     MasterCard SecureCode or of any networks connected to MasterCard
     SecureCode; or
     (ix) intentionally or unintentionally violate any applicable local, state,
     national or international statute, regulation, regulatory guideline or
     judicial or administrative interpretation, or any rule or requirement
     established by MasterCard or Frost Bank (all of which shall constitute
     “Applicable Law”) in connection with your use of MasterCard
     SecureCode.

9. LIABILITY
(a) You agree that Frost Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of MasterCard SecureCode.

(b) Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of MasterCard SecureCode.

(c) Frost Bank assumes no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from our Website or the MasterCard SecureCode Website.

10. TERMINATION
(a) If you want to terminate your ability to use MasterCard SecureCode, you must send an email to webhelp@frostbank.com so that your password and Registration Data with MasterCard SecureCode can be deactivated. Any purchases you made using MasterCard SecureCode prior to deactivation will not be affected.

(b) We may temporarily or permanently deactivate your ability to use MasterCard SecureCode and terminate your relationship with us at any time, with or without fault on your part. For your protection, we will automatically deactivate your ability to use MasterCard SecureCode if it is not used at least one time during any twelve (12) month period. If we deactivate your ability to use MasterCard SecureCode, we will promptly give you notice at the most current e-mail address you have provided to us as reflected in your records.

11. DEALINGS WITH MERCHANTS – Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through MasterCard SecureCode, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by applicable law or in our cardholder agreement with you, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of MasterCard SecureCode does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in MasterCard SecureCode. For example, MasterCard SecureCode from does not verify the identity of the merchant or the quality of the merchant's goods or services.

The MasterCard SecureCode service can only be used when shopping at participating online merchants.

12. DISCLAIMER OF WARRANTIES
(a) You expressly understand and agree that any software obtained through the use of MasterCard SecureCode is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through MasterCard SecureCode.

(b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, FROST BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT MasterCard SecureCode OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. NOTICE – Notices to you may be made via either e-mail or regular mail to any address in your Registration Data or other information that you have provided to us in connection with any of your accounts with us, or your credit cards or debit cards issued or otherwise provided by us. You may also be notified of changes to this TOS or other matters by notices displayed on or links to notices displayed on www.frostbank.com.

14. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use MasterCard SecureCode and create binding legal obligations for any liability you may incur as a result of the use of MasterCard SecureCode. Except as otherwise provided by applicable law or in our Cardholder Agreement with you, you understand that you are financially responsible for all uses of MasterCard SecureCode by you and those authorized by you to use your Registration Data, your password or other verification information.

MASTERCARD ENHANCED BENEFITS
Your Frost MasterCard debit card automatically comes with MasterCard Enhanced Benefits as dictated by MasterCard. Please visit www.frostbank.com to learn more about the MasterCard Enhanced Benefits.

ATM, PERSONAL DEBIT CARD AND HEALTH SAVINGS ACCOUNT DEBIT CARD SAFETY GUIDELINES
Your card offers you easy access to your accounts 24-hours a day, 365 days a year. While you’re enjoying the convenience of your Personal and Health Savings Account Debit Card, keep the following safety tips in mind for secure banking transactions:

1.Protect your card just as you would cash, checks or credit cards.
Always keep your card in a safe place. Don’t allow anyone to use your card.

2. Keep your PIN a secret. To ensure confidentiality, memorize your PIN.
Don’t write your PIN on your card, its carrier or other papers in your wallet. Never tell anyone your PIN and don’t let anyone enter your PIN
for you.

3. Never give information to anyone about your card over the telephone.
No one should know your PIN. The bank will never call to verify your PIN, so do not reveal your number to anyone claiming to be a bank representative.

4. Minimize time spent at the ATM by having your card ready.
When you’ve completed your transaction, take your money, your card and receipt, and leave the area.

5. Be courteous and keep an adequate distance between yourself and other customers.
When you’re waiting to use a terminal, allow the customer in front of you to complete his/her transactions before you approach the terminal. Also, stand in front of the keyboard, to block the view of anyone behind you, while entering your PIN.

6. Protect the magnetic strip on the back of the card.
Keep your card in the carrier provided and never store the card with its magnetic strip in direct contact with the strip of another card.

7. Check your ATM receipts against your monthly statement to guard against fraud.
Notify us immediately if you suspect any unauthorized transactions.

8. Always observe the surroundings at an ATM before conducting a transaction.
Observe the area before approaching. If you see anything or anyone suspicious, leave the area immediately.

9. When using a drive-up ATM, keep your engine running, the doors locked and your windows up until you approach the terminal.
It’s also a good idea to keep a distance between cars should you need to leave the area quickly.

10. When using a drive-up ATM at night, keep your headlights on so you will be able to see the area as you drive in.
Try to pull your car up as close to the terminal as possible. Keep in mind locations of other ATMs if you’re concerned about your safety when using a terminal.

11. Be alert and select a visible, well-lit area when you’re handling transactions at night.
If an ATM is obstructed or poorly lit, report any problem to the financial institution. If you’re concerned about your safety while using an ATM, take a friend with you to the terminal, or consider using another ATM site such as a drive-up ATM or an ATM at a 24-hour convenience store.

12. Report a lost or stolen card at once.
If your card or PIN is lost or stolen, please notify us immediately by calling the number in your area or 1-800-513-7678. If you use Frost Online Banking, go to your Frost Online Banking homepage and click “Account Services” and under “Card Management” click “Report a lost or stolen card.”

13. Freeze and unfreeze a lost debit card.
If you lose your debit card, freeze it to help prevent unwanted purchases or withdrawals. If you find your card later, unfreeze it to resume normal activity. You can freeze and unfreeze your card in Frost Online Banking or the Frost App by going to “Account Services.”

14. If anyone follows you after conducting a transaction, go to a crowded, well-lit area and call the police.

IMPORTANT REMINDER:
For your safety, all Frost outside walk-up ATMs are closed between the hours of 10 p.m. and 6 a.m. or 7 p.m. and 7 a.m., seven days a week.

For 24-hour ATM service, please use one of our convenient drive-up ATMs available at most Frost Financial Centers or visit your nearest participating H-E-B store.