online banking AGREEMENT
Mobile Banking and Mobile Check Deposit Service Riders
END USER TERMS
This service is provided to you by MapleMark Bank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and MapleMark Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
I. MOBILE BANKING SERVICE RIDER
Thank you for using MapleMark Bank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 73955. To cancel your plan, text "STOP" to 73955 at anytime. In case of questions please contact customer service at 866-698-5760.
This Mobile Banking Service Rider (this "Rider") is between MapleMark Bank (the "Bank" and sometimes referred to herein as "we", "us" or "our") and you, if (i) you maintain one or more eligible accounts with the Bank, (ii) which are in good standing and in compliance with the Terms and Conditions set forth within the Account Agreement for said accounts, (iii) have entered into an Online Banking Agreement and Disclosure with the Bank with respect to said accounts and (iv) have completed the online banking registration process with the Bank, and will be effective as to you (the "Customer" and sometimes referred to herein as "you" or "your") and the Bank as of the date and time you accept these terms by checking the box to acknowledge the terms and conditions of the service.
The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from MapleMark Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
The services are provided by MapleMark Bank and not by any other third party. You and MapleMark Bank are solely responsible for the content transmitted through the text messages sent to and from MapleMark Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
This Rider governs the Customer's use of the Bank's mobile banking service (the "Service"). Under this Rider, the Customer authorizes and directs the Bank to act upon all requests to access certain information and to effect certain transactions, as set forth below, to and from the Customer's checking, savings, money market deposit, certificate of deposit, credit card and loan accounts maintained at the Bank as from time to time set forth in the Customer's service agreements with the Bank, as from time to time in effect (the "Accounts").
There are three ways in which you may access the Service –
a. Mobile App Access. Access to the Service is through use of an iPhone®, iPad®, or Android™, which requires you to download the appropriate applications from the applications store.
b. Mobile Web Access. Access to the Service is through use of any mobile device (such as a cell phone) having a data plan and web browsing capability, using the URL of https://m-mb5.mbanking-services.mobi/wap/home/38t/en
c. Text Message Access. Access to the Service is through use of any mobile device (such as a cell phone) having text messaging capability.
Functionality for certain online banking features may be limited via the app, mobile web and text message access.
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. By acceptance of this Rider and by use of the Service, Customer acknowledges prior enrollment in the online banking service and acknowledgement to the terms of the previously supplied and acknowledged Online Banking Agreement.
The Customer hereby agrees to the following –
a. Procedures. The Customer agrees to make all transaction requests according to the procedures the Bank establishes, and the Bank agrees to provide these procedures to the Customer. The Bank may revise these procedures from time to time upon notice to the Customer; however, the Bank may implement immediately any procedures imposed by any third party, followed by notice to the Customer. The Customer agrees to provide the Bank with a valid number for each of the Customer's mobile devices to be used in connection with the Service (each, a "Device") and to notify the Bank promptly upon any change in said number(s). With respect to Text Message Access, the Customer agrees that the Bank may send the Customer text messages to any Device through the Customer's wireless provider, provided said provider is supported by the Service (the "Provider"). Message and data rates may apply. Text "STOP" to 73955 to cancel and text "HELP" to 73955 for help. For customer support, please email firstname.lastname@example.org.
Enrollment. The Service is available to the Bank's online banking
enrollees only. The signon and password used by the
Customer for online banking will also be used for this Service. Only
individuals who have also completed the enrollment process for the Service are
authorized to use the Service. For Mobile Web Access, the Device must have a
data plan that permits the web browser to access the URL noted in the General
Information section, above. With respect to Text Message Access, the Customer
must access the “Mobile Banking Center” or “Customer Service” pages of the
online banking website, and register the Customer's cell phone number in order to access the Service. Each Device must be
Fees. The Bank does not charge for the Service, but the Customer
shall be responsible for all charges and fees associated with data plans and
text messaging charges imposed by the Provider.
d. Information Access. Using the Service, the Customer may obtain the following information –
i. Account balance;
ii. Recent transactions in the Accounts;
iii. Locate the nearest Bank branch (not available with Text Message Access); and
The Customer acknowledges and agrees that balances provided
may not include very recent or pending transactions that have not yet posted to
an Account and that other restrictions may apply, as set forth in the deposit
agreement and other documents governing the Accounts (the "Account Documents").
e. Transaction Capabilities. Using the Service, the Customer may initiate the following transactions with respect to the Accounts –
i. Transfer funds to eligible Accounts; and
ii. Pay bills to providers of goods and services that have agreed to accept payment through our online banking service (not available with Text Message Access; Payee setup not available on Mobile Web).
iii. Deposit checks to eligible Accounts; subject to acceptance of the terms and conditions of the Mobile Check Deposit Service Rider, below (not available with Text Message or Mobile Web Access).
The Customer acknowledges and agrees that transfers and
payments from any of the Accounts using the Service are subject to availability
in the related Accounts and that other restrictions may apply, as set forth in
the Account Documents.
Unauthorized Use. The Customer agrees to notify the Bank immediately of any
changes to any Device or the Provider. In case of unauthorized access to a
Device or this Service, the Customer shall cancel enrollment associated with
all Devices and this Service immediately. Unless otherwise prohibited under
applicable law, the Customer agrees to indemnify, defend, and hold the Bank
harmless from any third-party claims, liability, damages or costs arising from
the Customer's use of the Service or from any fraudulent activity by the
Customer, including, without limitation, providing the Bank with a phone number
that is not the Customer's. The Customer agrees that the Bank shall not be
liable to the Customer for failed, delayed, or misdirected delivery of, any
information sent through the Service, any errors in such information, any
action the Customer may or may not take in reliance on the information or the
Service, the improper use of any Device, or any disclosure of account
information to third parties resulting from the Customer's use of the Service.
In no event shall the Bank be liable to the Customer for special, indirect or
Entire Agreement. This Rider incorporates by reference all the terms of the Account Documents, as well as
Banking Agreement. In the event the Bank has not received from the Customer
current Account Documents,
the terms of the Account
Documents customarily used by the Bank are hereby incorporated herein by
reference and shall govern the Accounts.
h. Miscellaneous. We reserve the right to modify the terms of the Service at any time for any reason, and to refuse to complete any transaction requested by use of the Service, at any time and for any reason. You acknowledge and agree that the Service may not be accessible or may have limited effect over some mobile networks, such as while roaming.
II. MOBILE CHECK DEPOSIT SERVICE RIDER
This Mobile Check Deposit Service
Rider (this "Rider") is between MapleMark Bank (the "Bank"
and sometimes referred to herein as "we", "us" or
"our") and you (the "Customer" and sometimes referred to
herein as "you" or "your"). This Rider will be effective as
of the date and time you accept these terms by clicking the "Accept"
button at the end of this Rider.
In order to enroll in this service, you must be designated as an authorized signer or owner of a MapleMark Bank account (the “Account”) that is eligible for this service and must be approved by MapleMark Bank. The Bank may, in its sole discretion, revoke your qualification for the Service at any time.
As conditions to the Bank’s provisions of service, you must maintain the account in good standing and comply with requirements and restrictions set forth in these terms and conditions, as well as those of the Account Agreement.
This Rider governs the Customer's use of the Bank's mobile check deposit service (the "Service"). Under this Rider, the Customer authorizes and directs the Bank to act upon all requests to access certain information and to effect certain transactions, as set forth below, to the Customer's checking, savings and money market accounts maintained at the Bank as from time to time set forth in the Customer's service agreements with the Bank, as from time to time in effect (whether one or more, the "Account").
The Service allows the Customer to make deposits of funds represented by paper share drafts or paper checks ("original checks") to the Account from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information ("images") to the Bank or our processor using the Customer's mobile device. By electronically accepting this Agreement, you are agreeing to all terms and conditions outlined within it.
In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Bank. Contact us for current hardware and software specifications. Bank is not responsible for any third-party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation and as outlined in SECTION B of this Agreement.
This Rider is governed by the Online Banking Agreement and Disclosure between the Customer and the Bank and the Mobile Banking Service Rider between the Customer and the Bank (as from time to time amended, supplemented and replaced, collectively, 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. By acceptance of this Rider and by use of the Service, Customer acknowledges prior enrollment in the online banking service and acknowledgement to the terms of the previously supplied and acknowledged Online Banking Agreement.
The Customer hereby agrees to the following –
Limits. The Bank has established limits on the dollar amount and number of items or deposits for the Service.
Maximum Deposit Amount Per Deposit
Maximum Daily Deposit Amount
Maximum ‘Monthly’ Deposit Amount
The amount may vary at the sole discretion of the Bank based on customer standing. Bank approval is required for any temporary or permanent increases. Treasury Services will determine with company appropriate limits for commercial deposit accounts. ‘Monthly’ refers to a rolling 22 business day time period.
The Bank may modify these limits on the dollar amount and number of items or deposits from time to time. If the Customer attempts to initiate a deposit in excess of these limits, the Bank may reject the deposit. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits. If the Bank permits the Customer to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Rider, and the Bank shall not be obligated to allow such a deposit at any other time. You agree to provide us any financial information we reasonably request during the term of this Rider. You authorize us to review your history from time to time.
a. Procedures. When the image of the check transmitted to the Bank under the Service is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an ‘item’ within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
i. Eligible items. You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand). You agree that you will not scan and deposit the following using the Service –
1. Checks payable to any person or entity other than you (i.e., payable to another party and then indorsed to you).
2. Checks payable to you and another party who is not a joint owner on the account.
3. Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
4. Checks or items –
a. Containing obvious alterations to any of the fields on the front of a check or item, or which the Customer knows or suspects, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn
b. Dated more than six months prior to the date of the deposit;
c. Drawn on a financial institution located outside of the United States;
d. Not payable in U.S. dollars;
e. Previously converted to a "substitute check", as defined by Regulation CC of the Board of Governors of the Federal Reserve System ("Regulation CC");
f. Prohibited by the Bank's Online Banking Agreement and Disclosure relating to the Mobile Check Deposit Service or which are not acceptable for deposit under the terms of the Account Agreement (defined below);
g. That are irregular (e.g., check amount number differs from the written amount);
h. That are "remotely created checks", as defined by Regulation CC; or
i. Having no or damaged (torn, marked or otherwise visibly inhibited) magnetic Ink Character Recognition (MICR) line;
j. Checks that are in any way incomplete;
k. Checks that have been previously returned unpaid by the financial institution on which they are drawn, including substitute and remotely created checks.
l. Checks that are payable to cash.
5. Traveler's Checks;
6. U.S. Postal Money Orders; or
7. U.S. Savings Bonds.
ii. Check Requirements. Each
image must provide all information on the front and back of the original check
at the time presented to you by the drawer, including, but not limited to,
information about the drawer and the paying bank that is preprinted on the
original check, MICR information, signature(s), any required identification
written on the front of the original check and any indorsements applied to the
back of the original check.
You are responsible for inspecting both the physical check and check images as they appear on the screen of your mobile device. Because some physical security features on the actual checks, such as watermarks, may not survive the imaging process, you must manually examine checks prior to transmission to the bank to verify their authenticity. This includes but is not limited to –
1. The amount of the check;
2. The payee;
3. The drawer’s signature;
4. The date of the check;
5. The check number;
6. Information identifying the drawer and the paying bank that is preprinted on the check in a commercially acceptable format, including the routing number, account number and check number.
The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Any original paper check items that remain illegible after repeated scanning/photographing attempts must be physically deposited at the branch.
You should regularly inspect your mobile image to ensure that it is operating optimally. Please refer to the user manual of your mobile device for instructions on equipment cleaning and care.
iii. Indorsements. Indorsements must be
made on the back of the check within 1½ inches from the top edge, although we
may accept indorsements outside of this space. Your indorsement must include
your signature followed by the words "For MapleMark Bank Mobile Deposit
Only”, or as otherwise directed by MapleMark Bank. A check payable to two
payees must be indorsed by both payees. If the check is payable to you or your
joint owner on the Account, either of you can indorse it. If the check is made
payable to you and your joint owner on the Account, both of you must indorse
MapleMark may refuse to accept items which are not endorsed in this manner. Any loss the Bank incurs from a delay or processing error resulting from an irregular indorsement or other markings by you will be your responsibility.
iv. Receipt of Deposit. All images processed for deposit through the Service shall be treated as "deposits" under the Customer's current agreements with us governing the Account (whether one or more, the "Account Agreement") and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via email to the email address we have on file for you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. You agree not to hold us and our processor (whether one or more, the "Processor") liable or responsible in any way for any image that we do not receive or that violates any of the requirements of this Rider. Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image. We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into the Account. We will notify you of rejected images.
Original Checks. Check storage and destruction of
items processed through Mobile Check Deposit is your responsibility as paper
checks are never physically deposited with the Bank.
The Bank recommends retention of the checks for at least 7 (seven) business days after the deposit is made in case a check is returned and you need to collect on the check by re-depositing the original item. All items must thereafter be destroyed as soon as reasonably possible. The Bank requires destruction of all checks within 14 (fourteen) days from deposit. During this retention period, the Bank requires customers use commercially responsible methods to securely store all source documents and all related banking information. To help ensure that checks are not electronically processed more than once or physically deposited to the bank after being electronically deposited, procedures should be established to ensure that only you or another account owner have access to these checks during the retention period.
You must destroy
the original check by first marking it "VOID" and then destroying it
by cross-cut shredding or another commercially acceptable means of destruction.
After destruction of an original check, the image will be the sole evidence
of the original check. You agree that you will never re-present the
original check. You understand that you are responsible if anyone is asked to
make a payment based on an original check that has already been paid
If you believe you may have deposited a check item more than once, please contact MapleMark Bank at 866-698-5760. Do not re-scan/photograph the items. MapleMark Bank will provide assistance in determining the best approach for managing the situation.
Exception Items. We
will use commercially reasonable efforts to review each electronic item and to
reject any electronic item that we in our sole discretion determine to be
ineligible for the service (each, an “Exception Item”). “Exception Item”
includes, without limitation, an electronic item that (a) is illegible or
contains MICR data that is not machine-readable, (b) was previously processed
as an Electronic Item, or (c) is drawn on banks located outside the U.S. and is
not payable at or through a bank located within the United States. YOU WILL BE
RESPONSIBLE FOR ACCESSING THE DEPOSITS SCREEN TO SEE THE STATUS OF YOUR
DEPOSIT. If you wish to attempt to deposit any exception item to your account,
you shall do so only by depositing the original paper item on which the
Exception item is based or otherwise agreed between us. Even if we do not
initially identify an Electronic Item as an Exception Item when we review and
process the Electronic Item to which the Exception Item relates, the Electronic
Item, substitute check, or the Image Replacement Document (IRD) created by us
from it may nevertheless be returned to us because, among other reasons, the
paying bank determines that such item or check is illegible or missing an
image. Our failure to identify an exception item shall not preclude or limit
your obligation to MapleMark Bank. Details on status of the deposit should be
viewed in the deposits page of the app.
ii. Returned Deposits. Any credit to the Account for checks deposited using the Service is provisional. If original checks deposited through the Service are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely, interest paid on that item, fees related to charge-back, returned item and/or overdraft item processing – as disclosed in our current Fee Schedule as well as any other fee we may incur. We reserve the right to refuse any item for deposit into your account as well as the right to withhold the availability of funds per our Funds Availability Schedule. We are not responsible for any losses incurred as a result of deposits returned on your account.
c. Fees. The Bank does not charge for the Service, but the Customer shall be responsible for all charges and fees associated with the Customer's mobile device as well as fees related to returned items, as noted above.
d. Your Warranties. You make the following warranties and representations with respect to each image –
i. Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
ii. The amount, payee(s), signature(s), and indorsement(s) on the image and on the original check are legible, genuine, and accurate.
iii. You will not deposit or otherwise indorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
iv. There are no other duplicate images of the original check.
v. The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
vi. You are authorized to enforce and obtain payment of the original check.
vii. You have possession of the original check and no party will
submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
e. Compliance with Law. You will use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
f. Service Unavailability. The Service may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Provider, Internet service provider, cellular service provider and Internet software. In the event that the Service is unavailable, you may deposit original checks at our branches. We are not liable or responsible for any technical difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the service, in whole or in part, or your use of the service, in whole or in part, immediately and at any time without prior notice to you.
g. Errors. You agree to notify Bank of any suspected errors regarding checks deposited through the Service right away, and in no event later than 60 days after the applicable Bank account statement is produced. Unless you notify Bank within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Bank for such alleged error.
Errors in transmission. By using the Service, you accept the risk that a check may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected checks or information disclosed through such errors.
h. Funds Availability. You agree that items transmitted using the Services are not subject to the funds availability requirements of Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 pm Central Time on a business day (Monday through Friday, excluding Federal Holidays) that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Your electronic item(s) is deemed to have been received by the Bank when the service generates a confirmation message. Details on status of the deposit should be viewed in the “Recent Deposits” page of the app. MapleMark Bank, in its sole discretion, may extend the hold period based on terms disclosed in the funds availability section of our terms and conditions disclosure of the Account Agreement.
i. Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Rider.
j. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if the Service is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or the Service, copy or reproduce all or any part of the technology or the Service, or interfere, or attempt to interfere, with the technology or the Service. We and our Provider retain all rights, title and interest in and to the Service, software and development made available to you.
k. Accountholder's Indemnification Obligation. You agree to indemnify us and hold us and our affiliates, directors, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Service or breach of the terms of this Rider. You understand and agree that this paragraph shall survive the termination of this Rider and the Online Banking Agreement.
You also agree to indemnify the Provider and hold harmless the Provider, and their respective affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including the claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorneys' fees and expenses, arising from such claims, to the extent such claim is related to the Customer's use of the Service, unless such claim directly results from an action or omission made by the Provider in bad faith. You understand and agree that this paragraph shall survive the termination of this Rider.
l. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE 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 DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
m. LIMITATION OF LIABILITY. YOU AGREE THAT WE 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 INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
n. Unauthorized Use. The Customer agrees to notify the Bank immediately of any changes to any mobile device or the service provider for a mobile device. In case of unauthorized access to a mobile device or the Service, the Customer shall cancel enrollment associated with all mobile devices and the Service immediately.
o. Modification. We reserve the right to modify the terms of the Service at any time for any reason, and to refuse to complete any transaction requested by use of the Service, at any time and for any reason.
p. Miscellaneous. You acknowledge and agree that the Service may not be accessible or may have limited effect over some mobile networks, such as while roaming.
q. Electronic Security. You understand and acknowledge that if you do not implement and follow commercially reasonable hardware, software, physical access and physical storage security procedures regarding data owned by you, including sensitive personally identifiable information ("PII"), the security of your deposits and/or data may be compromised. You understand, acknowledge and agree that the installation, maintenance and operation of your mobile device (hardware and software) and related security procedures, including, but not limited to, data security protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by you.
r. Entire Agreement. This Rider incorporates by reference all the terms of the Account Documents, as well as the Online Banking Agreement. In the event the Bank has not received from the Customer current Account Documents, the terms of the Account Documents customarily used by the Bank are hereby incorporated herein by reference and shall govern the Accounts.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
Agreed to by End User Prior to Use of the Downloadable App
a. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
b. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
c. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
d. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
e. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
f. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
g. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
h. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.