Hearth Checking Promotional Program Terms & Conditions

Please read this Hearth Checking Promotional Program Terms & Conditions (the “Promotional Program” or “Program”) carefully and retain it for your future reference. This Program contains the general terms, definitions, conditions, and disclosures related to the demand deposit account (the “Account”) made available to eligible businesses by Shogun Enterprises, Inc. DBA Hearth (“Program Partner”), the program partner responsible for managing the Account program, in partnership with Blue Ridge Bank, N.A.

When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents, or service providers. When you see the words “you” or “your,” it refers to you, the commercial owner of the Account, as well as your Authorized Users, representatives, officers, agents, and successors.

By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.

All definitions contained in your Business Deposit Account Agreement are incorporated herein.

1. ELIGIBILITY

All new Accounts that are opened on or prior to July 31, 2022 are automatically enrolled into the Promotional Program and will receive the Promotional Terms on their Accounts so long as their Accounts are active and in good standing.

2. PROMOTIONAL TERMS

2.1 Fees Waived by Program Partner
Under this Promotional Program, all eligible Accounts will have all the fees outlined in their Business Deposit Agreement waived by the Program Partner as long as the Account remains active and in good standing.

Specifically, the following fees are waived under this Promotional Program:
- Monthly Service Fee
- Dispute Fee
- Card Issuance Fee
- Overdraft Fee
- ATM withdrawal Fee
- ATM Deposit Fee
- Remote Check Deposit Fee
- ACH Payment Fee
- ACH Acceptance Fee
- ACH Return Fee
- Fedwire Fee

2.2 Fees Accessed by Third Party
You may still be accessed fees by third party banks or certain out of network banking partners. These fees will not be waived under this Promotional Program, and you remain responsible for these fees.

3. ACCOUNT CLOSURE & TERMINATION

3.1 Account Closure 
If your Hearth Business Checking account is closed for any reason, your eligibility for this Promotional Program will automatically be terminated. If you choose to open a new account with Program Partner outside of this promotional period, your account will not be eligible for this Program.

3.2 Terminations 
We reserve the right, in our capacity as Program Partner, to terminate your eligibility for this Program immediately if we determine or can reasonably determine that fraud or any illegal activities has taken place as it relates to your Account.

4. THIRD-PARTY SERVICE PROVIDERS

We work with one or more third-party service providers, including Unit Finance Inc. (“Unit”), in connection with Cashback Reward. In particular, Unit may assist us in processing transactions, handing account operations, and providing technological connection to the Program Partner and the Bank. By using your Account, you license and authorize us to access information maintained by Unit and/or other third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. In particular, you agree that Unit may perform any functions on your Account that we are otherwise authorized to perform and that Unit’s access and use of your information will be governed by the terms of Unit’s Privacy Policy. 

You promise not to describe or hold out to the public or any other party that the Program Partner is conducting any banking activities, including processing transactions and/or handling account operations.

5. CONFIDENTIALITY AND PRIVACY

Your privacy is very important to us. Unless otherwise specified in your Business Deposit agreement, we will only disclose information about your Account or the transactions you make in accordance with our Privacy Policy, available at https://www.gethearth.com/privacy . Unit may also disclose information concerning your Account and transactions that it obtains as a third-party service provider in accordance with its Unit’s Privacy Policy, available at https://www.unit.co/clients-privacy-policy.

6. APPLICABLE TAXES

You agree to pay any applicable taxes, fees, or assessments that are charged by any federal, state, or local authority with respect to any monetary benefit under this Program.

You agree to indemnify and hold harmless Program Partner, it Affiliates and licensors, and each of their respective officers, directors, employees, agents and successors and assigns (each, a “Company Indemnitee”), from and against any and all claims, actions, suits, demands, causes of actions, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each Company Indemnitee (including but not limited to cost of defense, investigation and reasonable attorneys’ fees), which are attributable to or arise from: (a) your breach of the Deposit Account Agreement and (b) any disputes between you and any third party. If and as requested by Program Partner, you agree to defend, at your cost, each Company Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing, provided that you shall not settle any claim, action or suit without the prior written consent of Program Partner. PROGRAM PARTNER HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT.

8. TERMS SUBJECT TO CHANGE

These Terms of Use are subject to change at our sole discretion. We will notify you of any amendments to these Terms of Use prior to the effective date. If you do not agree with these Terms of Use, please do not access Hearth Checking Rewards Services.

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