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eDocument Agreement and Disclosure

Thank you for your interest in electronic documents from Bank of Marin (“Bank”). These services are available to you at no cost, and will allow you to view your current and past Account and Consumer Tax Statements, account analysis statements, loan and deposit statements, notices, and other Documents for your eligible accounts on a secure website. As part of the registration process, please read the following Consent and Authorization to Add Online Documents below and indicate your acceptance.

Consent and Authorization to Add Online Documents

In this Consent and Authorization, the words “I,” “me” and “my” refer to each person who electronically “signs,” below. The words “User ID and Password” mean the User ID and Password that I entered to access my Online Banking profile and this Consent and Authorization. The word “Account” means each account held at the Bank under this Online Banking profile, including but not limited checking, savings, money market and loan accounts. “Tax Form” provides Consent for eTax forms for all consumer accounts where you are the identified primary account holder.  Consent for each eDocument type must be provided on the Manage Delivery Preferences menu by selecting “Online” for Delivery Method.

I understand that by electing to receive account related documents and communications electronically by way of this consent and authorization, I agree to receive through the Internet, as applicable to my Account, periodic account statements, account analysis statements, maturity notices, loan statements and notices, overdraft notices, annual privacy notices, legal notices and all other notices relating to my Account (“Electronic Documents”). I understand that my agreement to receive Electronic Documents from you does not preclude your sending of such communications to me by other means, either in addition to or instead of an Electronic Document, and that I can discontinue receipt of Electronic Documents.  I understand that that by selecting eTax statements, my annual consumer tax statements will be provided to me electronically only.

For account analysis, I understand that my agreement to receive account analysis statements electronically will constitute my acceptance of electronic analysis statements for all the accounts that may be, at any time, consolidated into a composite hierarchy and that I will no longer receive paper analysis statements for the composite.

For loan customers, I agree that by signing up for Electronic Documents, I will no longer receive return envelopes by mail to send in my loan payments.  I understand that I may request envelopes at any time by contacting the Bank in writing, at the link below, by telephone or by going into a branch.  I agree that although I no longer receive my loan statements by mail, I will be responsible for making all loan payments timely either electronically by accessing the Bank’s Online Banking service, by going into a branch, and/or by making the payments to Bank of Marin, PO BOX L, Novato, CA 94948.

Method of Delivery

Electronic Documents may be sent to me by any electronic manner, such as by posting on the Bank’s Online Banking System, making accessible through links provided in other Electronic Documents, such as on my eStatements Account or elsewhere or by e-mail at the primary e-mail address I have provided to the Bank.

I understand that by agreeing to receive Electronic Documents, I am authorizing the Bank to discontinue sending account and loan statements and notices, including annual privacy notices, legal notices and all other notices relating to my Account to me in paper form, and that I will be deemed to have received any Electronic Document on the earlier of (i) the day that the Bank initiates an email containing or referring to the Electronic Document to the primary e-mail address I have provided to the Bank, or (ii) the day on which I view the Electronic Documents on the Bank’s website. In other words, I understand that once I receive an email or other electronic communication referring to an Electronic Document that must be viewed on or printed from the Bank’s website, I will be deemed to have received the account statement, privacy, legal or other notice to which the email or other electronic communication refers or eTax statement.

Additional Terms Applicable to Electronic Documents and My Agreement to Receive Them
I am authorized to access my Account through personal online Banking or business online banking. By logging in with my User ID and Password, choosing the delivery method I would like, clicking the box that says that I have agreed to the terms of the eDocument Agreement and Disclosure, and clicking the Submit button, this constitutes my “electronic signature” for the purpose of this Consent and Authorization. Any electronic transaction similarly conducted with respect to my Account shall be legally binding on all owners on the Accounts, each of whom have authorized me to do so. Any request made pursuant to this Consent and Authorization shall be considered authorized by me on my own behalf and on behalf of all of the other Account owners.

I understand that Electronic Documents furnished to me pursuant to this Consent and Authorization will remain available to me for a limited time. For example, certain Electronic Documents relating to my deposit accounts may not be available through the Bank’s website for more than one year after they are first posted to the website. If I want a permanent copy of an Electronic Document, I will print a copy of it or will save it to my own computer file system.

My ongoing consent to receive subsequent eDocuments is voluntary and may be withdrawn at any time by notifying the Bank or by selecting the paper delivery method option. I understand that my withdrawal will be effective at the time that the Bank receives and has a reasonable opportunity to act upon it. I understand that it may take one complete statement cycle for this to occur. My consent to receive eTax statements is also voluntary and may separately be withdrawn at any time by notifying the Bank or selecting the paper delivery method.

System Requirements:
In order to receive and retain the Electronic Documents, I confirm that I have a valid email address and a computer equipped as described below. If my email address changes, I will promptly contact the Bank to update my contact information, and I understand that until I do so, electronic communications sent to my former email address will remain effective.  Bank is not liable for any third-party incurred fees, other legal liability, or any other issues or liabilities arising from eStatements or notifications sent to an invalid or inactive email address that I have provided.

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Internet Access:
A broadband connection is required to connect to the Bank’s website and to receive email.

Printer/Hard Drive:
If I have a printer, I understand that may also print a copy of my Electronic Documents at no additional cost by simply clicking the “Print” button in my browser or for documents viewed in Adobe Acrobat format, using the Adobe print feature. And, I understand that I may use a hard disk or removable disk drive to retain a copy of all Electronic Documents.

This Consent and Authorization supplements and modifies the terms and conditions of the Bank’s Deposit Agreement and Disclosure Statement, the Business Online Banking and Master Cash Management Agreement and the Online Banking Agreement and Disclosure which I previously have entered into with the Bank. I understand and agree that if I check the box, I will be signifying my agreement to the same extent as would have been the case had I done so with a pen on paper.

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