Consent to Receive Information Electronically (ESign Consent)

Electronic Communications and E-Sign Consent

Please read this Electronic Communications and E-Sign Consent (“Consent”) carefully and retain a copy for your records.

This Consent describes how Farmers & Merchants Bank (“F&M,” “Bank,” “we,” “us,” or “our”) may provide disclosures, notices, agreements, statements, records, and other information to you electronically and how electronic signatures may be used in connection with your relationship with us.

Certain laws and regulations require us to provide information to you “in writing.” With your consent, we may provide this information to you electronically instead of on paper, where permitted by applicable law.

By providing your consent, you agree to the use of electronic records, electronic communications, and electronic signatures as described below.

1.Definitions

For purposes of this Consent:

“You” and “your” mean each individual or business entity that applies for, obtains, accesses, or uses an account, product, service, or Digital Service with Farmers & Merchants Bank and, as applicable, each account owner, authorized signer, authorized representative, authorized user, or other person acting on behalf of or with authority for such individual or business entity.

If you are providing this Consent on behalf of a business or other legal entity, you represent that you are authorized to provide this Consent and to act on behalf of that entity with respect to the applicable account, product, service, or Digital Service.

“Communications” means disclosures, notices, agreements, statements, records, documents, fee schedules, change-in-terms notices, confirmations, and other information that we provide to you, or that you sign, submit, or agree to at our request.

“Digital Services” means products, services, features, or functionality that we make available electronically, now or in the future, including through our websites, Online Banking, Mobile Banking, online account opening, electronic applications, or other electronic means.

“Electronic Records” means Communications created, generated, sent, communicated, received, signed, or stored electronically.

2. Your Consent

You consent to receive Communications electronically and to use Electronic Records and electronic signatures in your transactions and relationship with F&M.

Your electronic signature has the same legal effect as a handwritten signature to the extent permitted by applicable law.

We may request or obtain your electronic signature in connection with applications, agreements, disclosures, authorizations, instructions, transactions, and other Communications.

3. Scope of Your Consent

Your Consent applies to Communications relating to personal and business accounts, products, services, and Digital Services that you apply for, obtain, access, use, or administer with F&M, now or in the future, to the extent electronic delivery is permitted by applicable law.

This Consent applies whether you are acting on your own behalf or, where applicable, as an authorized representative of a business or other legal entity.

Communications covered by this Consent may include, but are not limited to:

• This Consent and any updates or amendments to it;
• Personal and business account applications and account-opening documents;
• Account agreements and disclosures;
• Terms and conditions;
• Privacy notices and other legally required disclosures, where electronic delivery is permitted;
• Periodic account and transaction statements;
• Notices regarding fees, charges, transactions, or account activity;
• Change-in-terms notices and amendments to agreements;
• Confirmations, receipts, and transaction records;
• Notices and disclosures relating to Digital Services;
• Documents requiring your signature or acknowledgment; and
• Other notices, disclosures, agreements, records, or Communications that we are legally required or otherwise choose to provide electronically.

Certain Communications may be subject to separate consent requirements or delivery preferences. We will obtain any additional consent required by applicable law.

If applicable law requires a particular Communication to be delivered on paper, we will provide that Communication in paper form.

4. How We May Provide Electronic Communications

We may provide Electronic Records to you through one or more electronic methods, including:

• Displaying them on a website or within a Digital Service;
• Making them available through Online or Mobile Banking;
• Sending them to the email address you have provided to us;
• Providing a link to a website or Digital Service where the Communication can be viewed;
• Making them available during an electronic application or account-opening process; or
• Using another electronic delivery method permitted by applicable law.

We may notify you electronically when a Communication is available for review.

We reserve the right to provide any Communication to you on paper even if you have consented to electronic delivery.

5. Paper Copies

You have the right to request a paper copy of a Communication that we provided to you electronically.

You may also print or save Electronic Records when they are made available to you electronically.

To request a paper copy, call us at 410-517-3065 or visit any Farmers & Merchants Bank branch.

6. Updating Your Contact Information

You are responsible for providing us with a valid email address and other electronic contact information and for promptly notifying us of any changes.

You may update your contact information by calling us at 410-517-3065, visiting any Farmers & Merchants Bank branch or through Online or Mobile Banking.

7. Withdrawing Your Consent

You have the right to withdraw your consent to receive Communications electronically.

To withdraw your Consent, call us at 410-517-3065 or visit any Farmers & Merchants Bank branch.

Your withdrawal will become effective after we have had a reasonable opportunity to process your request.

Withdrawal of your Consent will not affect the legal effectiveness, validity, or enforceability of Electronic Records or electronic signatures provided, received, or executed before your withdrawal became effective.

8. System Requirements

To access, view, print, and retain Electronic Records, you must have:

• A computer, tablet, smartphone, or other Internet-enabled device;
• A reliable Internet connection;
• A current version of a supported web browser;
• a Current Version of a program that accurately reads and displays PDF files, such as Acrobat® Reader®
• A valid email address capable of receiving electronic messages; and
• Sufficient electronic storage capacity to save Electronic Records or access to a printer if you wish to retain paper copies.

For purposes of this Consent, a “current version” means a version of software that is currently supported by its publisher.

Certain Digital Services may have additional hardware or software requirements.

You will also need a printer if you wish to print out and retain Electronic Records on paper, and electronic storage if you wish to retain Electronic Records in electronic form. In addition, to access our Digital Services through mobile banking, you will need a mobile device and Current Version(s) of our mobile app(s). In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.

By “Current Version,” we mean a version of the software that is currently being supported by its publisher.

9. Changes to System Requirements

If our hardware or software requirements change and that change creates a material risk that you will no longer be able to access or retain Electronic Records covered by this Consent, we will provide you with notice of the revised requirements as required by applicable law.

Where required by law, you will have the right to withdraw your Consent without the imposition of a condition, consequence, or fee related specifically to that withdrawal.

10. Changes to This Consent

We may amend or change the terms of this Consent from time to time.

We will provide notice of material changes when required by applicable law. If a change requires new or additional consent from you, we will obtain that consent before applying the change as required by law.

We may also discontinue electronic delivery of some or all Communications and provide them to you in paper form.

11. Consent and Acknowledgment

By providing your consent electronically, you acknowledge and agree that:

• You have read and understand this Electronic Communications and E-Sign Consent;
• You consent to receive Communications electronically as described in this Consent;
• You consent to the use of Electronic Records and electronic signatures in your relationship and transactions with Farmers & Merchants Bank;
• You have the hardware and software necessary to access, view, print, and retain the Electronic Records described in this Consent;
• You can access and view this Consent electronically; and
• You have provided, or will provide, a valid email address and will keep your electronic contact information current.

If you do not consent, do not provide your electronic consent.

Contact Us

If you have questions about this Consent, need assistance accessing an Electronic Record, wish to request a paper copy, need to update your contact information, or wish to withdraw your Consent, please contact us:

Farmers & Merchants Bank
ATTN: Digital Banking
PO Box 249
Reisterstown, MD  21136

Digital Services Customer Service: 410-517-3065
Website: fmb1919.bank

You may also visit any Farmers & Merchants Bank branch.

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