Prior Agreements

Agreement to Receive Electronic Communications

Thank you for your interest in BB&T's Online Banking Services. By selecting the "I Agree" button below, you are acknowledging receipt of the Online Banking Services Agreement and Initial Disclosure ("Agreement") and you are agreeing to the following:

1. We may provide the Agreement and any amendments or revisions thereto to you in electronic form. You also agree that we may deliver via electronic communication any future notices and information as may be required by law or regulation to be provided to you pertaining to the Online Banking Services (collectively, "Notices").
   
   
2. We may deliver future Notices electronically by posting the Notice or a link to the Notice on our website or by sending the Notice to the email address that you have provided to us. You agree to promptly notify us of any change in your email address. To notify us of a change in your email address, logon to https://online.bbandt.com/online, click the Customer Service tab, and select Personal Information.
   
   
3. You may withdraw your consent to receive electronic communications and cancel your OnLine Banking subscription by calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654).
   
   
4. You may obtain a paper copy of the Agreement and any future Notices by calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654). There is no fee for paper copies.
   
   
5. The minimum hardware and software requirements to access and retain the Agreement and Notices are: IBM or compatible PC with 486/66 processor or better; Microsoft Windows 95 or later or Windows NT 4 or later; 256-color SVGA display; Browser with 128-bit encryption Internet access (including Internet Explorer 5.5 and later, Netscape 7.1 and later, AOL 9.0 and later, and Firefox 1.0.)
   
   

BB&T OnLine Banking Agreement and Initial Disclosures

1. Definitions
   
   The following definitions apply in this Agreement.

   Account(s) refers to your checking, savings, money market, loan, line of credit, credit card, or mortgage account you have with BB&T, some of which may not be eligible for electronic transfers and bill payments using the Service.

   BB&T refers to Branch Banking and Trust Company and its depository institution affiliates where your Accounts may be located.

   BB&T OnLine^® means the Internet application through which you may access the Service.

   Bank Services Agreement refers to the Bank Services Agreement (for consumer accounts) or the Commercial Bank Services Agreement (for commercial accounts) containing the terms and conditions governing your Accounts.

   Business Day(s) means Monday through Friday, except Federal Reserve holidays.

   Combined Service means that both commercial and consumer accounts may be accessed by using the Service.

   Delivery Date refers to the date on which your payment will be delivered to the Payee. 

   Payee refers to any business, merchant, or professional with a valid five digit United States Postal Service ZIP address that generates a bill or invoice for services, or services provided on your behalf, or any individual.

   Payee Account refers to the account to which the Payee will credit your payment.

   Payee Information refers to information about a Payee that is used to properly direct payment to the Payee and permit the Payee to identify the correct Payee Account.

   Personal Financial Management Software means the version of the following software through which you may access the Service: QuickBooks^®, Quicken^®, and Microsoft^® Money.

   Processing Date refers to the Business Day on which a bill payment is sent to the Payee.

   Service(s) refers to collectively, any or all of BB&T OnLine Banking Services, which allows you to access Account and transaction information, transfer funds, and pay bills on a personal computer through BB&T OnLine and the Personal Financial Management Software.

   Service Charge Account means the account you have designated to be charged for all applicable fees and charges associated with the Services.

   Software License Agreement(s) means the software license agreements governing your use of the Personal Financial Management Software.

   Withdrawal Date refers to the Business Day on which the funds are withdrawn from your Account for a scheduled bill payment.

   We, us, or our refers to BB&T and any agent, independent contractor, designee or assignee that BB&T may, in its sole discretion, involve in the provision of the Service.

   You or your refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using the Service.

2. Applicability
   This Agreement and Initial Disclosures (the "Agreement") governs your use of the Service. By subscribing to the Service or using the Service, you agree to the terms of this Agreement. Please read this Agreement carefully and in its entirety. We suggest that you print a copy of this Agreement. We also suggest that you print a copy of the Software License Agreements included with the Personal Financial Management Software.

3. The Service
   You may use a personal computer ("PC") to electronically direct us to make payments from your Account(s) to Payees whom you have selected in advance to receive payments. You may also access Account and transaction information and order transfers of funds among your eligible Account(s). Not all BB&T accounts are eligible for electronic transfers and bill payments using the Service.

4. Software and Equipment Requirements
   You may access the Service using BB&T OnLine and/or the Personal Financial Management Software. If you choose to use Personal Financial Management Software, you must purchase this software from the software manufacturer, or a retailer of your choice. Your use of the Personal Financial Management Software is governed by the Software License Agreements included with each software application. You must agree to the terms and conditions of the Software License Agreements during the installation of the Personal Financial Management Software on your PC. You are responsible for the correct set-up and installation of the Personal Financial Management Software.

   The Personal Financial Management Software contains trade secrets in its human perceivable form and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the Personal Financial Management Software to human perceivable form. You may not create derivative works based on the Personal Financial Management Software or remove any proprietary notices, labels, or marks on the software or accompanying documentation.

5. Your User ID and Password
   You will be asked to choose your personal User ID consisting of 8 - 15 alpha-numeric characters, and a Password consisting of 8 - 12 alpha-numeric characters, which you will use to obtain access to your Account(s) at BB&T. User ID and Password must not contain any special characters (i.e. asterisk*, or colon :), or spaces and must not have consecutive repeating characters in excess of 2 (i.e. AAA or 333 are not allowed).  If you request Combined Services, you will use one User ID and password to access both your commercial and consumer accounts. You authorize us to follow any instructions entered through the Service using your User ID and Password. Because your User ID and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your User ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s).

6. Sharing Your User ID and Password with Others
   You agree not to give or make available your User ID, Password, or account number(s) to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your User ID and Password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. We may require that you put such notice in writing. Upon receipt of such notice, we may require you to immediately change your User ID and Password, and to identify the person or persons you believe to have exceeded such authority. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization.

7. Additional Security Measures
   In addition to your User ID and Password, we may ask you to create and provide responses to additional authentication questions that only you and BB&T will know in order to verify your identity. You will be asked to create these questions and responses one time and will be presented with a question and prompted for a response at random when you access the Service and/or make certain transactions using the Service. These questions and your correct responses help us to provide stronger protection of your account information and your transactions. We reserve the right to prevent access to the Service and/or refuse to process any payment or transfer for security reasons, or if we suspect fraud.

8. Bill Payments
   You may make payments through the Service to any business, merchant, or professional with a valid address that generates a bill or invoice for services, or services provided on your behalf. We reserve the right to refuse to allow you to designate any particular Payee or class of Payee. You may also make payments through the Service to individuals, family, or friends for non-business purposes. Payments may be made only to Payees with a 5 digit United States Postal Service ZIP code address, including APO/FPO addresses. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-ordered payments through the Service. Any user of this Service shall comply with all applicable laws and regulations including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). We reserve the right to refuse to process any bill payment we reasonably believe violates applicable law, or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a bill payment.

9. Your Payee List
   You must provide sufficient information about each Payee as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct Payee Account to credit with your payment. This information may include, among other criteria, the name, address, and phone number of the Payee and your Payee Account number. You agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments, and you authorize your Payees to release such information to us. You can enter your Payee Information directly on your PC. Additions, deletions, and modifications to Payee Information are entered directly on your PC and are communicated to us the next time you logon to the Service. For BB&T OnLine, the change will be immediate upon confirmation of the change. Refer to Online Help for additional information about retrieving your account data.

10. Scheduling Bill Payments
    To electronically schedule a payment with your PC, follow the simple instructions in the Online Help file or the Personal Financial Management Software Online Help File. Payments may range in amounts up to $100,000.00. If you would like a written confirmation or confirmation by email of the payment information for any payment that you have scheduled, please call BB&T at 1-888-BBT-ONLINE (1-888-228-6654), or send us an email with your request. When you schedule a bill payment, you authorize us to withdraw the amount of your payment from your Account(s).

11. How Bill Payments are Delivered
    We may remit your payments by mailing your Payee a paper check, by electronic funds transfer, or by other means. Payees who have a relationship established to receive electronic delivery of payments by us will receive your payment information by a computer link. The Delivery Date will depend on how the payment is sent. The Delivery Date for electronic payments is generally two (2) Business Days after the Processing Date. For Payees that are unable to receive electronic payments, we may send payments by a paper draft drawn on your Account. You agree that all paper drafts issued on your authorized instructions will be the same as if actually signed by you.

    We send all checks through the United States mail. The Delivery Date for paper drafts is generally five (5) Business Days after the Processing Date. We are not responsible for postal delays or processing delays by the Payees. Occasionally, a Payee chooses not to participate in the Service, or may be unable to process payments in a timely manner. In such cases, we may decline to make future payments to these Payees.

12. Processing Your Bill Payments
    You will be asked to specify the Processing Date. For electronic payments, we will reduce the available balance in your Account on the Processing Date by the amount of the bill payment you have scheduled. For electronic payments, the Withdrawal Date will be 2 business days after the Processing Date you specified. For bill payments in the form of paper drafts, the Withdrawal Date will be the date on which the paper draft is presented for payment against the Account. If the Processing Date falls on a weekend or a Federal Reserve Holiday, your payment will be processed on the next Business Day. Although you may schedule bill payments by using the Service 24-hours a day, seven (7) days a week, payments will be withdrawn from your Account only on Business Days, subject to system availability. We may refuse to process your payment if sufficient funds, including funds available under any overdraft plan, are not available in your Account(s).

13. Same Day Bill Payments
    You may schedule a Processing Date for a bill payment for the same day that you schedule the payment if we receive your instructions before 7:00 p.m. Eastern Time, USA, on a Business Day.

14. Future Bill Payments
    You may schedule a payment for a future Business Day up to one year in advance.

15. Repeating Bill Payments
    You may schedule payments for a fixed amount on the same date every month (a "Repeating Payment"). If the specified Delivery Date does not exist in a certain month, the Delivery Date will be the last Business Day of the month. For example, if the specified Delivery Date is for the 30th of each month, the Delivery Date for the month of February will be on or before the 28th of February. If the specified Processing Date falls on a day other than a Business Day in any month, your Processing Date will be the previous Business Day. For example, if the specified Processing Date is the fifth (5th) of each month, and August 5th is a Saturday, the Processing Date for August will be on or before August 4th.

16. Guarantee for Bill Payments
    BB&T will reimburse you for any late payment fees or penalties you are charged, up to a maximum of $50.00 per scheduled payment, as a result of our failure to deliver a payment made to a business by the Delivery Date if you meet each of the following conditions:

    1. You must properly schedule the Processing Date to include adequate time for your payment to be processed and delivered on or before the date the payment is due to the Payee. This means that you must schedule your payments before 7:00 p.m. Eastern Time, USA, on a Business Day at least five (5) Business Days prior to the date the payment is due to the Payee. Mortgage payments differ from other Repeating Payments in the following manner: If your mortgage payment is due on the first of each month with a 15-day grace period, then you must schedule the Processing Date for your mortgage payment on or before the third (3rd) calendar day of each month, or the payment guarantee will not apply.

    2. You must provide us with the correct Payee name, address, due date, account information, and the correct payment amount.

    3. Your Account(s), including any overdraft plan, must contain sufficient funds to complete the payment or transfer on the Withdrawal Date.

    4. The payment must be made to a business.

    5. The late payment fee or penalty, or the method of calculation, must be published by the Payee prior to the date the payment is due to the Payee.

    6. Your PC hardware, software, telephone line, and Internet Service Provider, if applicable, must be functioning properly.

    7. You must provide us with a copy of the statement identifying the late fee.

    We are not responsible for failure to deliver any payment that we have reserved the right to refuse to process as provided in this Agreement.
    
    

17. Stopping or Modifying Bill Payments
    You may use your PC to electronically change both the payment amount and the Processing Date of any scheduled Payment at any time prior to 7:00 p.m., Eastern Time, USA, on the Processing Date. You may also delete any payment at any time prior to 7:00 p.m. Eastern Time, USA, on the Processing Date. You may also stop any payment by calling 1-888-BBT-ONLINE (1-888-228-6654), or by writing to BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472, in time for us to receive your request three (3) or more Business Days before the Processing Date. If you call, we may also require you to put your request in writing and send it to us within 14 days after you call. Stop payment fees may apply.

18. Liability for Failure to Stop Payment (Applicable for Consumers Only)
    If you order us to stop one of these Repeating Payments three (3) Business Days or more before the Processing Date, and we do not do so, we will be liable for your losses or damages.

19. Reviewing Payments and Payment Information
    For customers using the Personal Financial Management Software, Payment Information and records of past and future scheduled payments are stored on your PC. The number of records that can be stored depends on the amount of your PC's memory. For BB&T OnLine users, Payment Information and records of past and future scheduled payments are stored on the BB&T computer. Refer to Online Help for additional information about retrieving your payment history.

20. Incomplete Payments
    If we remit your payment to a Payee by mailing your Payee a check, and the check has not been presented for payment, you may contact BB&T if you require assistance in researching your payment by calling 1-888-BBT-ONLINE (1-888-228-6654), or by writing to BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472.

21. Balance Inquiries
    You may use the Service to check the balance of your Accounts. The balances shown may differ from your records because they may not include deposits that are not available for withdrawal, outstanding checks, or other withdrawals, payments, or charges.

22. Cut-off Time for Transfers
    Transfers between Account(s) initiated via the Service, and received by BB&T by 9:00 p.m. Eastern Time Monday through Friday will be effective on the current Business Day. Transfers between Account(s) initiated via the Service, and received after 9:00 p.m. Eastern Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the following Business Day.

23. Future Transfers
    Transfers scheduled for a future date will be effective at 12:00 a.m. Eastern Time on the requested date of transfer. For example, a transfer scheduled to occur on September 3, will be effective at 12:00 a.m. on September 3. The transfer will be viewable via the Service in available balance on the date of the scheduled transfer. The transfer will be viewable via the Service in transaction history the day following the transfer.

24. Stopping or Modifying a Scheduled Transfer
    A scheduled transfer may be stopped or modified at any time the day prior to the scheduled transfer date.  For example, a transfer scheduled for September 3 may be modified or stopped at any time prior to 12:00 a.m. Eastern Time on September 3.

25. Documentation
    All of your payments and transfers made through the Service will appear on your periodic account statement. The Payee Name, payment amount, and Withdrawal Date will be reflected for each payment made through the Service.

26. Fees
    See attached Schedule A for consumer fees and Schedule B for commercial/Combined Service fees, attached hereto and incorporated herein by reference.

    We reserve the right to determine whether you are using the Service as a consumer or as a business or both, and to adjust your monthly fees accordingly. Monthly fees may be changed with advance notice. In addition, stop payment fees and other service charges may apply. For example, there may be additional fees charged against your Accounts if a transaction you initiate using the Service causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the Accounts, or exceed any other qualifiers for the Accounts. Refer to the Bank Services Agreement, the Commercial Bank Services Agreement, the associated Pricing Guides, and any other applicable account agreements, as amended from time to time, for these fees. There may also be a charge for upgrades to the Personal Financial Management Software. You will be notified in advance of any fee payable for software upgrades.

    You authorize BB&T to deduct all applicable subscription, service, and use fees for the Service from your Service Charge Account. If we are unable to deduct all applicable fees from your Service Charge Account for any reason (such as, the Account has been closed or there are insufficient funds in the Account), you authorize BB&T to deduct all applicable fees for the Service from any of your other Accounts. You may designate a different Account for service charge deductions, by notifying a local branch, calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654), or by using BB&T OnLine.

27. Termination
    You may terminate your use of the Service at any time by visiting your local BB&T branch office, by calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654), or by writing to us at BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Processing Date within this ten-day period, you also must separately cancel those payments pursuant to the Stopping and Modifying Bill Payments Section of this Agreement. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Processing Dates during the ten (10) days following our receipt of your written notice of termination, and all accrued fees and charges.   If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account.

    We may terminate your use of the Service, in whole or in part, at any time without notice.   Upon termination, you will remain liable for payments, transfers and other transactions in process, and all accrued fees and charges. 

28. Service Hours
    OnLine Banking services are available 24-hours a day, seven days a week, except during maintenance periods, for the scheduling, modification or review of payment orders, and for initiation of funds transfers and balance inquiries, however, bill payments can be processed only on Business Days.

29. Business Days
    Our Business Days are Monday through Friday. Federal Reserve Holidays are not included.

30. Transfer Types and Limitations

    1. Account Access
       You may use the Service to:

       • Transfer funds between your eligible Accounts whenever you request;
       • Pay bills directly from your Account(s) in the amounts and on the days you request in accordance with the terms of this Agreement to merchants and individuals located in the U.S.;
       • Obtain Account balances;
       • Review the history of past transactions on your Accounts; and
       • Email messages to us. Email may not, however, be used to initiate transactions on your Accounts.
         
         

    2. Limitations on Frequency of Transfers
       The number of transfers between your eligible Accounts may be subject to the limitations that apply to the maximum number of automatic or repeating withdrawals from certain types of accounts. Refer to your Bank Services Agreement or other Account Agreements for details.

    3. Limitations on Dollar Amount of Transfers/Bill Payments
       Except as limited by Account type and applicable Account agreements, each transfer between eligible Accounts may range in amounts up to $1,000,000.00. The maximum aggregate amount that can be transferred between eligible Accounts per day is unlimited. Each bill payment from an Account may range in amounts up to $100,000.00. The maximum aggregate bill payment amount that can be paid per day is unlimited.

31. Confidentiality
    Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the BB&T Corporation Consumer Privacy Notice; and (vi) as otherwise required or permitted by law or government regulation.

32. Your Liability (Applicable to Consumers Only)
    Tell us at once if you believe your User ID and Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you believe your User ID and Password has been lost or stolen, and you tell us within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50 if someone used your User ID and Password without your permission.

    If you do not tell us within two (2) Business Days after you learn of the loss or theft of your User ID and Password, and we can prove that we could have stopped someone from using your User ID and Password without your permission if you had told us, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

    If a good reason, such as a long trip or a hospital stay, kept you from telling us, we will extend the time periods.

33. Contact in Event of Unauthorized Transfer
    If you believe your User ID and Password has been lost or stolen, or that someone to whom you have granted authority to use your User ID and Password has exceeded such authority, or that someone has transferred or may transfer money from your Account(s) without your permission, call:

    1-888-BBT-ONLINE (1-888-228-6654)
    Or write:
    BB&T OnLine Banking Support
    2586 James B White HWY North
    Whiteville, NC 28472

34. Bank Liability For Transfers (Applicable to Consumers Only)
    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. This liability is in addition to the payment guarantee for bill payments. However, there are some exceptions. We will not be liable, for instance:

    1. If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.

    2. If the transfer or payment would go over the credit limit on your overdraft line.

    3. If the funds in your Account are subject to legal process or other encumbrance restricting such transfer.

    4. If the Service, your PC, or modem is not working properly and you know about the malfunction when you started the transfer or payment.

    5. If a Payee mishandles or causes delays in handling payments sent by us.

    6. You have not provided us with the correct Payee name, address, account information, or payment amount.

    7. If circumstances beyond our control prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your PC, operating software, modem, or telephone line.

    8. If you have not properly followed the instructions for using the Service or the Financial Software.

    9. If we have the right to refuse to process a payment or transfer as provided in this Agreement.
    
    

35. Error Resolution Notice (Applicable to Consumers Only)
    In case of errors or questions about your Electronic Transfers telephone us at:

    1-888-BBT-ONLINE (1-888-228-6654)
    Or write:
    BB&T OnLine Banking Support
    2586 James B White HWY North
    Whiteville, NC 28472

    Contact BB&T as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. When contacting BB&T regarding an error resolution, please be prepared to communicate the following information:

    1. Your name and social security number or tax identification number.

    2. 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. The dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 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 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, we may not credit your Account.

    If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

36. Electronic Messaging
    BB&T OnLine provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it.

    Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Contact in Event of Unauthorized Transfer in this Agreement. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public.

37. Limitation of Liability
     We are not responsible for any loss, damage, or injury resulting from an interruption in the availability of the Service, or any computer virus that you may encounter using the Service.  We encourage you to routinely scan your PC using a reliable virus protection product to detect and remove viruses from your PC.

    EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  BB&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, THE PERSONAL FINANCIAL MANAGEMENT SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

38. Entire Agreement
    This Agreement constitutes the complete and exclusive agreement related to the Service, and supplements the Software License Agreements, the Bank Services Agreement, and any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.

39. Access to other Products and Services
    BB&T may provide you access to other financial products and/or services offered by BB&T, its affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein.

40. Waivers
    No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.

41. Assignment
    You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.

42. Governing Law
    This Agreement shall be governed by and construed in accordance with the laws of North Carolina, without regard to that state's conflict of laws provisions.

43. Amendments
    We may amend this Agreement from time to time by posting the amended agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by visiting our website or calling 1-888-BBT-ONLINE (1-888-228-6654) to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.

44. Severability
    If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.

Schedule A: Monthly Service Fees for Consumer Use

BB&T OnLine and BB&T OnLine Bill Payment are free to all of our clients. You may incur a service fee if you choose to access your accounts online through Quicken or Microsoft Money.

Schedule B: Monthly Fees for Commercial/Combined Use

BB&T Business OnLine and BB&T OnLine Bill Payment are free to all of our clients. You will incur a service fee if you choose to access your accounts online through QuickBooks, Quicken or Microsoft Money.

Schedule C: System Requirements for BB&T OnLine and Financial Software Programs

BB&T OnLine:
Minimum hardware and software requirements are as follows:

• Browser with 128-bit encryption Internet access (including Internet Explorer 5.5 and later; Netscape 7.1 and later; AOL 9.0 and later; and Firefox 1.0 or later.)

Microsoft Money:
BB&T supports Microsoft Money 2005, Microsoft Money 2006, and Microsoft Money 2007.

To view the systems requirements for Microsoft Money go to the software provider's website: www.microsoft.com/money/.

Quicken:
BB&T supports Quicken Windows 2005, Quicken for Mac 2005, Quicken Windows 2006, and Quicken for Mac 2006, Quicken Windows 2007, and Quicken for Mac 2007.

To view the systems requirements for Intuit Quicken go to the software provider's website: www.intuit.com/support/.

QuickBooks:
BB&T supports QuickBooks 2005, 2006, and 2007.

To view the systems requirements for Intuit QuickBooks go to the software provider's website: www.intuit.com/support/.

To review the previous BB&T OnLine Banking Services Agreement and Initial Disclosures click here.