online banking AGREEMENT
Personal
Finance Service Rider
General Information
This Rider governs the
Customer's use of the Bank's Personal Finance Service (the
"Service"). Under this Rider, the Customer authorizes and directs the
Bank to act upon all requests to access certain information, as set forth
below.
This Rider is governed
by the Online
Banking Agreement and Disclosure between the Customer and the Bank (as from
time to time amended, supplemented and replaced, the "Online Banking
Agreement"). Terms used in this Rider and not otherwise defined herein
shall have their respective meanings as set forth in the Online Banking
Agreement.
General DISCLOSURES
Users may utilize the Service
to retrieve their own information maintained online by third-parties with which
they have customer relationships, maintain accounts or engage in financial
transactions (“Account Information”). The Services works with one or more
online service providers to access this Account Information – and is not
available through all third-party financial institutions. Neither the Bank or its Service Provider review
the Account Information for accuracy, legality or non-infringement. The Bank or
its Service Provider is not responsible for the Account Information or products
and services offered by or on third-party sites.
The Service cannot
always foresee or anticipate technical or other difficulties which may result
in failure to obtain data or loss of data, personalization settings or other
service interruptions. The Bank or its Service Provider cannot assume
responsibility for the timeliness, accuracy, deletion, non-delivery or failure
to store any user data, communications or personalization settings. For
example, when displayed through the Services, Account Information is only as
fresh as the time shown, which reflects when the information is obtained from
such sites. Such information may be more up-to-date when obtained directly from
the relevant sites. You can refresh your Account Information through the
Services, in the manner prescribed in the associated instructions.
NEITHER THE BANK NOR THE SERVICES PROVIDED ARE INTENDED TO PROVIDE
LEGAL, TAX OR FINANCIAL ADVICE. THE BANK IS NOT A FINANCIAL PLANNER, BROKER OR
TAX ADVISOR. The Services are intended only to assist you in your financial
organization and decision-making and is broad in scope. Your personal financial
situation is unique, and any information and advice obtained through the
Service may not be appropriate for your situation. Accordingly, before making
any final decisions or implementing any financial strategy, you should consider
obtaining additional information and advice from your accountant or other
financial advisers who are fully aware of your individual circumstances.
END USER TERMS
This End User License User agreement
contains the terms and conditions for your use of FIS Personal Finance tools and
services that we may provide to you and that involve accessing third-party
account information (“Services”).
Hereinafter “us” “we” “our” or “Financial Institution” refers to your
financial services provider.
1.
Provide Accurate Information
You
represent and agree that all information you provide to us in
connection with the Services is accurate, current, and complete. You
agree not to misrepresent your identity or account information. You agree to
keep account information secure, up to date and accurate. You represent that
you are a legal owner, or an authorized user, of the accounts at
third-party sites which you include or access through the Services, and that
you have the authority to (i) designate us and our
service providers as your agent, (ii) use the Services, and (iii) give us and
our service providers the passwords, usernames, and all other information you
provide.
2.
Content You Provide
Your
use of the Services is your authorization for Financial Institution or its
service providers, as your agent, to access third-party sites which you
designate in order to retrieve information. You are
licensing to Financial Institution and its service providers any information,
data, passwords, usernames, PINS, personally identifiable information or other
content you provide through the Services. You authorize us or our service
providers to use any information, data, passwords, usernames, PINS, personally
identifiable information or other content you provide through the Services or
that we or our service providers retrieve on your behalf for purposes of
providing the Services, to offer products and services, and for other
permissible business purposes. Except as otherwise provided herein, we or our
service providers may store, use, change, or display such information or create
new content using such information.
3.
Power of Attorney
You
grant Financial Institution and its service providers a limited power of
attorney as provided below to access information at third-party sites on your
behalf. Third-party sites shall be entitled to rely on the authorizations,
agency, and the power of attorney granted by you or through your account. For
all purposes hereof, you hereby grant Financial Institution and its service
providers a limited power of attorney, and you hereby appoint them as your true
and lawful attorney-in-fact and agent, with full power of substitution and
re-substitution, in any and all capacities, to access third-party sites to
retrieve information, use such information, as described herein, with the full
power and authority to do and perform each and every act and thing required and
necessary to be done in connection with such activities, as fully to all
intents and purposes as you might or could do in person. You understand and
agree that the Services are not sponsored or endorsed by any third-party site. YOU
ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS
ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AS YOUR
AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
4.
Third-Party Accounts
With
respect to any third-party sites we may enable you to access through the
Services or with respect to any non- Financial Institution accounts you include
in the Services, you agree to the following:
a.
You are responsible for all fees
charged by the third-party in connection with any non-
Financial Institution accounts and transactions. You agree to comply with the
terms and conditions of those accounts and agree that this User agreement does
not amend any of those terms and conditions. If you have a dispute or question
about any transaction on a non- Financial Institution account, you agree to
direct these to the account provider.
b.
Any links to third-party sites that
we may provide are for your convenience only, and Financial Institution and its
service providers do not sponsor or endorse those sites. Any third-party
services, which you may be able to access through the Services, are services of
the listed institutions. We nor our service providers have responsibility for
any transactions and inquiries you initiate at third-party sites. The
third-party sites you select are solely responsible for their services to you.
We nor our service providers are liable for any damages or costs of any type
arising out of or in any way connected with your use of the services of those
third parties.
5.
Limitations of Services
When
using the Services, you may incur technical or other difficulties. We nor our
service providers are responsible for any technical or other difficulties or
any resulting damages that you may incur. Any information displayed or provided
as part of the Services is for informational purposes only, may not reflect
your most recent transactions, and should not be relied on for transactional
purposes. We and our service providers reserve the right to change, suspend or
discontinue any or all of the Services at any time
without prior notice.
6.
Acceptance of User Agreement and Changes
Your
use of the Services constitutes your acceptance of this User agreement. This
User agreement is subject to change from time to time. We will notify you of
any material change via e-mail or on our website by providing a link to the
revised User agreement. Your continued use will indicate your acceptance of the
revised User agreement. The licenses, user obligations, and authorizations
described herein are ongoing.
7.
Aggregated Data
Anonymous,
aggregate information, comprising financial account balances, other financial
account data, or other available data that is collected through your use of the
Services, may be used by us and our service providers to conduct certain
analytical research, performance tracking and benchmarking. Our service providers may publish summary or
aggregate results relating to metrics comprised of research data, from time to
time, and distribute or license such anonymous, aggregated research data for
any purpose, including but not limited to, helping to improve products and
services and assisting in troubleshooting and technical support. Your personally identifiable information will
not be shared with or sold to third parties.
8.
Ownership
You
agree that Financial Institution and its service providers, as applicable,
retain all ownership and proprietary rights in the Services, associated
content, technology, mobile applications and websites.
9.
User Conduct
You
agree not to use the Services or the content or information delivered through
the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit
or stolen items, including but not limited to use of the Services to
impersonate another person or entity; (b) violate any law, statute, ordinance
or regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising); (c) create liability for Financial Institution or its service
provider or cause Financial Institution to lose the services of our service
providers; (d) access the information and content programmatically by macro or
other automated means; or (e) use the Services in such a manner as to gain
unauthorized entry or access to computer systems.
10.
Indemnification
You
agree to defend, indemnify and hold harmless Financial Institution, its
third-party service providers and their officers, directors, employees and
agents from and against any and all third-party claims, liabilities, damages,
losses or expenses, including settlement amounts and reasonable attorneys' fees
and costs, arising out of or in any way connected with your access to or use of
the Services, your violation of these terms or your infringement, or
infringement by any other user of your account, of any intellectual property or
other right of anyone.
11.
Disclaimer
The
Services are not intended to provide legal, tax or financial advice. The
Services, or certain portions and/or functionalities thereof, are provided as
strictly educational in nature and are provided with the understanding that
neither Financial Institutions nor its third-party providers are engaged in
rendering accounting, investment, tax, legal, or other professional services.
If legal or other professional advice including financial, is required, the
services of a competent professional person should be sought. Financial Institution
and its third-party providers specifically disclaim any liability, loss, or
risk which is incurred as consequence, directly or indirectly, of the use and
application of any of the content on this site. Further, Financial Institution
and its third-party providers are not responsible for any investment decisions
or any damages or other losses resulting from decisions that arise in any way
from the use of the Services or any materials or information accessible through
it. Past performance does not guarantee future results. Financial Institution
and its third-party providers do not warrant that the Services comply with the
requirements of the FINRA or those of any other organization anywhere in the
world
12.
DISCLAIMER OF WARRANTIES
YOU
AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT
OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL
WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE
SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH
THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR
TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS
SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.
13.
LIMITATION OF LIABILITY
YOU
AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD-PARTY SERVICE PROVIDERS WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE
USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR
OF ANY THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST
OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE
SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR
NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER
HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY
OTHER MATTER RELATING TO THE SERVICES.
14.
Export Restrictions
You
acknowledge that the Services and any software underlying such Services are
subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and
that you will comply with these regulations. You will not export or re-export
the software or Services, directly or indirectly, to: (1) any countries that
are subject to U.S. export restrictions; (2) any end user who has been
prohibited from participating in U.S. export transactions by any federal agency
of the U.S. government; or (3) any end user who you know or have reason to know
will utilize them in the design, development or production of nuclear, chemical
or biological weapons. You further acknowledge that the Services may include
technical data subject to export and re-export restrictions imposed by U.S.
law.
15.
Other Terms
You
may not assign this User agreement. A determination that any provision of this
User agreement is unenforceable or invalid shall not render any other provision
of this User agreement unenforceable or invalid.
REVISED 2018.06