THIS ONLINE SERVICES ACCESS AGREEMENT (the "Agreement") contains the terms and conditions governing your use of online electronic services (the "Online Financial Services").
You may use the Online Financial Services to access your deposit accounts and many other products you maintain with us (collectively, the "Eligible Accounts"). You may also use the Online Financial Services to access such products and services as are available from time to time through the Online Financial Services as then disclosed at our bank's website (the "Website") including, without limitation, conducting transactions and obtaining balance information, transaction history, and other information concerning your Eligible Accounts through banking@home or other personal financial software (“Personal Online Banking”), securemail, eStatements and other Internet-accessible services. In some instances your balances and transaction histories might only reflect activity conducted through the close of the previous business day. We may, from time to time, introduce new Online Financial Services. When this happens, we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.
Unless the context clearly provides a contrary meaning, then in this Agreement the words:
III. ACCEPTANCE AND EFFECTIVENESS OF AGREEMENT
You accept and agree to the terms and conditions of this Agreement, effective when you use or authorize others to use the Online Financial Services to access an Eligible Account.
IV. RELATION TO OTHER AGREEMENTS
Your use of the Online Financial Services may also be governed by other agreements between us concerning your Eligible Accounts. Acceptance of this Agreement does not change or diminish the terms of any other agreements between us concerning the Eligible Accounts unless this Agreement expressly indicates that to be the case. Additionally, each Eligible Account and Online Financial Service will be subject to:
V. WAIVER OF REQUIREMENT FOR TWO SIGNATURES
Certain other agreements concerning the Eligible Accounts may provide that two signatures are required for you to transact business on those Eligible Accounts. We agree that such requirements are impractical in the context of the Online Financial Services and will not apply when you are employing the Online Financial Services to access the Eligible Accounts. You will not require us to verify two signatures under such circumstances and release us from any liability in connection therewith. Any person who is authorized to act as a signer on your Eligible Accounts may act individually without the joinder of any other person to make electronic or telephone transfers (including online bill payments from your Eligible Account), even though that person's authority to transfer or withdraw funds from an Eligible Account by some other means must be exercised jointly with one or more other individuals.
VI. ACCESS TO ELIGIBLE ACCOUNTS
You may only access an Eligible Account or use an Online Financial Service if you have a password and multi-factor authentication and the necessary hardware and software. You will generally be able to access your Eligible Accounts seven days a week, twenty-four hours a day, through the Website. From time to time, the Online Financial Services may not be available because of system maintenance or circumstances beyond our control. During such times you may call or visit us or use one of our automated teller machines ("ATMs") to obtain information about your Eligible Accounts.
A transfer completed through an Online Financial Service before 6:00 p.m., Central Time (the “Transfer Cutoff Time”) will be posted to your Eligible Account on the same day. Any transfer completed after the Transfer Cutoff Time on a business day or on a non-business day will be posted on the next Business Day.
VII. BILL PAY SERVICE
A. Outline Of Bill Pay Service
You may schedule bill payments through the Online Financial Services (the "Bill Pay Service") for your current, future or recurring bills from a money market checking account or from a checking account eligible for FDIC insurance (a "Bill Pay Account") up to a maximum of $25,000.00 per payee each Business Day. A maximum limit of $10,000.00 per payee each Business Day is imposed for expedited payments.
There is no limit to the number of payments that may be authorized through the Bill Pay Service. You may pay anyone approved by us for payment through the Bill Pay Service that has a United States address. We are able to process any payments to federal, state, local tax agencies or court ordered payments; however, no payment guarantee will be associated with these payments. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via the Online Financial Services. The Bill Pay Service is intended only for your use. Any attempt to use the Bill Pay Service to process payments for third parties is prohibited and grounds for termination of your Bill Pay Service.
B. No Duty To Monitor Payments
We do not have any duty to monitor the payments that are made through the Bill Pay Service. You assume the entire risk of loss and agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your use of the Bill Pay Service.
C. Stop Or Change Instructions
You have the right to stop or change any scheduled bill payment. However, you must cancel a payment by no later than 3:00 p.m. (Central Time) on the date the payment is scheduled to be sent (the "Send On Date") by using the Bill Pay Service, or by calling us at (800) 752-9998. We must receive your stop payment request with enough details in a timely manner that will allow us to process the stop payment before the payee presents the check for payment. Payments that are in process cannot be canceled or stopped.
D. Scheduling And Payment Processing
When we receive a payment instruction (for the current or a future date), we will transfer funds to the payee on your behalf from the funds in your Bill Pay Account on the Send On Date.
We will not be obligated to make a payment unless your Bill Pay Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill on the Send On Date. If your Bill Pay Account closes, all pending payments associated with that account will be canceled.
Although you can enter payment instructions through Online Financial Services 7 days a week, 24 hours a day, excluding maintenance and other availability windows, payments will be processed only on Business Days.
We may remit your payments by mailing your payee a check drawn on the selected checking account, by an electronic payment method, or by other means. In order to provide sufficient time for payments to be received by your payees, the date on which the payment should be delivered (the "Deliver By Date") must be at least one (1) Business Day prior to the date your payment is due, including any applicable grace periods for first mortgage payments (the “Due Date”).
If we pay the payee by issuing a check drawn on the selected checking account that account will be charged when the check is presented to us for payment in the same manner as a check you have written on that account. If we pay the payee by an electronic method, the selected checking account will generally be charged on the Send On Date. Any standard account fees applicable to checks and electronic payments, including non-sufficient funds (NSF) and overdraft (OD) fees, apply to these payments.
Since there is a possibility that your payment will be received by the payee before the Deliver By Date, you should make sure there are sufficient available funds in the selected Bill Pay Account on the Send On Date for each payment.
Payments must be scheduled before 3:00 p.m. (Central Time) to be effective the same Business Day. Expedited payments must be scheduled before 6:00 p.m. (Central Time) to be effective the same Business Day.
E. Bank Errors
If we do not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges (not to exceed $50.00) which you reasonably incurred as a result as long as your account was in good standing with the payee prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your order to do so, so long as your order describes the payment with reasonable certainty and is received at a time and in a manner that affords us a reasonable opportunity to act on it before the payment is sent. Except as stated in this Agreement, any stop payment provisions of any agreement otherwise governing your Eligible Account that is applicable to checks will also apply to the Bill Pay Service. We will not be responsible for any charges imposed on any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is to be made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient available funds or credit availability in your Bill Pay Account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the Bill Pay Account; if the Bill Pay Account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Pay Service. We do not recognize "Grace Periods," "Pay To," or "Late After" dates when considering the reimbursement of late fees or finance charges.
F. Accounts Accessible By More Than One Person
Joint account holders may use the same account as their funding account for their individual Bill Pay Service. As such, each account holder has the same right of access to account activity such as notifying us of suspected loss or fraud or canceling the Bill Pay Service, etc. Each such owner may individually enroll in the Bill Pay Service and each such enrolled person needs a unique password. Each such person will have his/her own payee list and payment history.
G. Termination Of Bill Pay Service
If you have the Bill Pay Service and do not schedule or process a payment via the Bill Pay Service for any three (3) month period, we may terminate your Bill Pay Service. Additionally, if you close your current Bill Pay Account within thirty (30) days, you must notify us and designate a new deposit account that will be your Bill Pay Account or we may terminate your Bill Pay Service. If we terminate your Bill Pay Service, your online bill payment information will be lost and all pending payments will be canceled. If you decide to terminate the Bill Pay Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay Service. This will ensure that future payments made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Pay Service has been terminated. Termination of the Bill Pay Service will not automatically close your Eligible Accounts.
VIII. LINKED ELIGIBLE ACCOUNTS
You may elect to link two or more of your Eligible Accounts. Eligible Accounts that are linked together will appear together without regard to their ownership. When an authorized person of an Eligible Account accesses the Online Financial Service, that authorized person will be able to view and access any consumer accounts for which the person is a co-owner or authorized signer.
IX. EXTERNAL ACCOUNTS
You may set up interbank transfer accounts through the Online Financial Services. This allows you to link your Eligible Accounts to your accounts at other financial institutions for making online fund transfers. Government regulations require that you complete and sign the online interbank transfer account application and send the completed application to: banking@home Department, Central Technology Services, 2100 Stewart Drive, Jefferson City, MO 65109. Funds transferred to another financial institution are subject to their funds availability policy which determines when those funds are available for withdrawal.
X. STOP PAYMENTS
If you access the Online Financial Services to initiate a stop payment order on any Eligible Account, we agree to enter the stop payment into the system the day it is received according to our rules and regulations concerning stop payments. This stop payment request will be effective for incoming clearings from other financial institutions on the day of receipt, but may not be effective for checks presented to our tellers on the date the request is made. Prior to requesting a stop payment, you should first verify that the item has not already been posted to the account. If a stopped item has already been paid prior to our entry of the request, we will not be liable for any loss incurred by you arising from the event. Your stop payment request must describe the item or account with reasonable certainty and we must receive it in a timely manner that affords us a reasonable opportunity to act on it before the payment is processed. You are responsible for verifying that stop payment orders and cancelations are entered correctly.
XI. ELECTRONIC FUND TRANSFER PROVISIONS
The provisions in this Section XI apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Consumer Financial Protection Bureau Regulation E (an "EFT"). We may, when applicable, rely on any exceptions to the provision of this Section XI that are contained in Regulation E. All terms not otherwise defined in this Agreement will have the definitions assigned to them in Regulation E.
B. Your Liability
Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
XII. ACCESS METHODS
There are two (2) ways to access Personal Online Banking: (1) personal financial software such as Intuit® Quicken ("Personal Financial Software"); or (2) Internet access. You chose either or both methods of access when you enrolled in Personal Online Banking.
If you chose Personal Financial Software, you will be responsible for purchasing a version which supports Personal Online Banking services in order to use or to access your accounts. We will not supply or be responsible for any Personal Financial Software, user’s guides or upgrades.
We have no control over and will not be responsible for the content of any Personal Financial Software, and no part of such content will affect or be considered a part of this Agreement. You acknowledge and agree that your use of Personal Financial Software is solely your decision and you are responsible for any and all resulting liability or issues.
Please note that if you chose both Personal Financial Software and Internet access, you will be able to use them interchangeably. A fee may be associated with the use of Personal Financial Software in accessing your accounts.
Personal Online Banking provides you with the ability to set and receive electronic alerts to the electronic mail address(es) you have provided to us and for us to communicate service information to you. You may set alerts to obtain information regarding certain activities that may impact your Eligible Account(s). You agree to provide and to maintain a current electronic mail address with us. We agree to use reasonable commercial efforts to provide the alerts to you, but will have no liability or responsibility for your failure to receive such alerts due to:
You will initially select a password and multi-factor authentication that will give you access to your Eligible Accounts through the Online Financial Service. This password and multi-factor authentication can be changed within the Online Financial Service. We recommend that you change your password and multi-factor authentication regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and multi-factor authentication and do not write it down. You are responsible for keeping your password and multi-factor authentication and Eligible Account information confidential. Contact us immediately if you believe that your password and multi-factor authentication may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account.
Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Financial Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Financial Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, you as an owner of an Eligible Account agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service.
B. Third Parties
Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Microsoft (Microsoft Internet Explorer browser) or Mozilla (Firefox browser) or other browsers not named in this Agreement, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services.
XVI. GENERAL PROVISIONS
Unless otherwise required by applicable law, we may terminate this Agreement and/or your access to any Online Financial Service, in whole or in part, at any time.
Access to the Online Financial Services, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control.
If you do not access your Eligible Accounts via the Online Financial Service for any three (3) month period, we may terminate your Service, including the Bill Pay Service.
Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing using the Online Financial Service. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.
We may assign our interest in this Agreement to Central Bancompany, Inc. or future direct or indirect subsidiaries of Central Bancompany, Inc. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
A. The Service
There is a fee of $5.95 per month for the Bill Pay Service. Fees separately disclosed to you in connection with an Eligible Account or online services apply when using the Online Financial Service. Other fees may be assessed and billed separately by your Internet and/or telephone service provider. If you have a qualifying account and choose to receive an electronically transmitted statement (“eStatement”) rather than a statement of account on paper, then the monthly fee for the Bill Pay Service will be waived.
B. Payment Account
You are required to designate a deposit account with us from which fees for Online Financial Services will be debited (your "Payment Account"). You authorize us to charge your Payment Account for the fees. If you close your current Payment Account, you must notify us and designate a new deposit account that will be your Payment Account. Additionally, if you close all your Eligible Accounts, you must notify us to cancel your Online Financial Services.
C. Miscellaneous Fees And Charges
The fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to those account(s) and to your Online Financial Services.
XVIII. ELECTRONIC STATEMENTS AND NOTIFICATIONS
You may choose to receive your monthly statements of account electronically through eStatements rather than paper statements of account. The eStatements will be made available to you each month at the same time a paper statement would be available. An eStatement notification will be sent to you when notice is available online. eStatements satisfies our obligation to provide you a statement of account as required by Article 4-406 of the Uniform Commercial Code.
B. Paper Statements
If you choose to receive eStatements electronically, you will no longer receive paper statements of account by U.S. mail. You will no longer be charged a monthly fee of $5.95 for the Bill Pay Service if you receive your monthly statement of accounts on a qualifying account electronically with eStatements.
Registering for an eStatement automatically registers you to receive other notifications electronically. Notifications that you may receive electronically include, but are not limited to: CD Renewal, Advice of Debit, NSF Notices, and Notice of Advance. Unless configured otherwise, you will receive these notifications by the same method used to deliver your eStatement.
XIX. MONEY MANAGER SERVICE
A. Relationship To Other Agreements
In addition to our Online Financial Services, you may access services offered by third parties not affiliated with Bank. You agree that when you use such services, you will be subject to any terms and conditions established by those third parties, and that this Agreement does not amend any of those terms and conditions. You agree that only the third parties are responsible for such services, and if you have any problems with these third parties, you will contact them directly. Online Financial Services our name and/or on the Website.
B. Description Of Money Manager
You may access services offered by third party, as the Online Financial Services through a personal financial management tool that allows you to better manage your information by consolidating it in one place (“Money Manager”). Money Manager uses proprietary technology to allow you to retrieve, view, and maintain information you have available at various financial websites you designate, but all within one convenient service. All of your Eligible Accounts are automatically added to Money Manager.
You may add information about accounts accessible at other websites that you maintain at other financial institutions to Money Manager. When you use Money Manager to access a third party website you designate, you agree to the following:
(i) designate us as your agent,
(ii) use Money Manager and
(iii) give us your passwords, usernames, and all other information you provide.
C. Provide Accurate Information
You represent and agree that all information you provide to us in connection with Money Manager is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Money Manager. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
D. Proprietary Rights
You are permitted to use content delivered to you through Money Manager only on Money Manager. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of Money Manager technology, including but not limited to, any Java applets associated with Money Manager.
E. User Conduct
You agree not to use Money Manager or the content or information delivered through Money Manager in any way that would:
F. Restriction On Commercial Use Or Resale
You agree not to resell or make any commercial use of the services in Money Manager.
G. Your Indemnification Of The Bank
When you use Money Manager, unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our service providers and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of Money Manager, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
H. Money Manager Service Limitations
We want to make your use of Money Manager easy and productive, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other Money Manager interruptions. With respect to Money Manager, we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
I. Third Party Products And Money Manager
You agree to exercise caution when browsing on the internet and to use good judgment and discretion when obtaining or transmitting information or making purchases.
J. Privacy And Money Manager
We are committed to keeping information about you secure and confidential. Through the Money Manager service, you are able to aggregate information about your accounts from sources other than us so that you may view them in one online location. We will use this information to help optimize your personal use of this service, and to understand what product or service offers may be most beneficial to you. We do not sell or otherwise share your information with outside third party marketers who may want to offer you their own products and services.
K. Changes Or Cancellation
You may cancel your participation in Money Manager by calling us or doing so online. We reserve the right to change or cancel Money Manager at any time without notice. We may also suspend your access to Money Manager at any time without notice and for any reason, including but not limited to your non-use of Money Manager. You agree that we will not be liable to you or any third party for any modification or discontinuance of Money Manager.
L. Third Party Beneficiary
You agree that our providers may rely upon your authorization and grant of a limited power of attorney, the disclaimer of warranties, and the limitation of liability in Money Manager above, and such providers are, for the purposes of those sections, third party beneficiaries to this Agreement, with the power to enforce those provisions as applicable.
XX. MOBILE REMOTE DEPOSIT CAPTURE (RDC)
A. Approval and Acceptance of Services
At our sole and absolute discretion, you may be able to remotely deposit funds with us by transferring check deposit information to us from a mobile device (“Mobile Remote Deposit Services”). Your use of the Mobile Remote Deposit Services constitutes your acceptance of the following terms and conditions of this Agreement. Your continued use of the Mobile Remote Deposit Services after a change in this Agreement and/or the Mobile Remote Deposit Services constitutes your acceptance of the changed Agreement and/or Mobile Remote Deposit Services.
B. Eligible Items
You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC . An image of a check transmitted to us shall be deemed an “item” as defined in Article 4 of the Uniform Commercial Code. You shall not use the Mobile Remote Deposit Services to transmit any checks or other items for deposit that:
C. Compliance With Law
You will use the Mobile Remote Deposit Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules, and regulations. You indemnify and hold us harmless from any damages, liabilities, costs, expenses (including reasonable attorney’s fees) or other harm arising out of or relating to your violation of this paragraph. This indemnity will survive termination of this Agreement and your account relationship with us.
D. Check Requirements
Any image of a check you transmit to us shall accurately and legibly provide all the information on the front and back of the check that appeared on the original check at the time the check was presented to you. Prior to transmitting the check, you will endorse the back of the original check with your signature. All scanned images transmitted to us shall accurately and legibly provide, among other things: (i) the information identifying the drawer and the paying bank that is pre-printed on the check including complete and accurate MICR information and signatures; and (ii) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the check and any endorsements written on the back of the check. The image quality for the check shall meet the standards for image quality established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
E. Endorsement Of Deposited Items
Checks shall be endorsed by the payee(s) on the reverse side of the check. If a check has two or more payees whose names are joined by the word “and”, all payees must endorse the item. If a check has two or more payees whose names are joined by the word “or”, only one payee must endorse the check. Third party checks or checks that a payee has endorsed over to someone else (“Pay to the order of”) will not be accepted for deposit.
F. Deposit Limits
You may make an unlimited number of deposits using the Mobile Remote Deposit Services so long as the total dollar amount of deposits does not exceed $2,500.00 in any one (1) banking day and does not exceed $7,500.00 in any five (5) banking day period. Deposits to new accounts may have lower limits. We reserve the right to modify the limitation on the dollar amount(s) and/or number(s) of deposits that you transmit through the Mobile Remote Deposit Services from time to time.
G. Availability Of Funds
Our policy is to make funds from your check deposit available to you on the first business day after the day we receive your deposit. All deposits received after 6:00 p.m. CST will be on the next business day. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the first business day, we will mail you the notice by the day after we receive your deposit.
H. Limitations On Services
You might experience technical or other difficulties when using the Mobile Remote Deposit Services. We assume no responsibility for technical or other difficulties you encounter when using the Mobile Remote Deposit Services or any resulting damages you incur. We reserve the right to change, suspend or discontinue the Mobile Remote Deposit Services, in whole or in part, or your use of the Mobile Remote Deposit Services, in whole or in part, immediately and at any time without notice to you.
I. Your Warranties And Indemnification
You represent and warrant as follows:
You agree to indemnify and hold us harmless from any loss for breach of the foregoing representations and warranties.
J. Disposal Of Transmitted Items
Upon your receipt of our confirmation that we have received the image of an item, you will properly dispose of the item to ensure that it is not presented for payment a second time by you or anyone else. At our request, you will promptly provide any retained items, or a sufficient copy of the front and back of the item to facilitate the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes. You are responsible for any loss resulting from your failure to properly dispose of original checks.
K. Securing Images On Mobile Devices
You acknowledge and understand that check images captured on a mobile device remain on the device until the associated deposit has been successfully submitted. You will promptly complete each deposit and ensure that the mobile device is secure until the deposit is completed.
L. Receipt Of Items
We reserve the right to reject any item transmitted through the Mobile Remote Deposit Services, at its discretion, without liability to you. We are not responsible for items not received for images that are dropped during transmission. An image of an item shall be deemed received when you receive our confirmation that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
M. Hardware And Software
In order to use the Mobile Remote Deposit Services you must obtain and maintain, at your expense, compatible hardware and software that we specify from time to time. We are not responsible for any third party software that you might need to use the Mobile Remote Deposit Services. You accept any such software is “as 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.
You agree to notify us of any suspected errors regarding items deposited through the Services right away, and in no event later than sixty (60) days after the applicable account statement is sent. Unless you notify us within sixty (60) days, such statements regarding all deposits made through the Mobile Remote Deposit Services shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion subject to the agreements governing your account(s) with us.
P. Ownership & License
We retain all ownership and proprietary rights in the Mobile Remote Deposit Services, associated content, technology, and website(s). Your use of the Mobile Remote Deposit Services is subject to and conditioned upon your faithful compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Mobile Remote Deposit Services. Among other things, you may not use the Mobile Remote Deposit Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to our business interests, or (iii) to our actual or potential economic disadvantage in any aspect. You may use the Mobile Remote Deposit Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Mobile Remote Deposit Services.
Q. Email Address
We will send notifications of receipt of remote deposit items to the email address you provide us. You will immediately notify us if you change your email address,
R. Disclaimer Of Warranties
YOUR USE OF THE MOBILE REMOTE DEPOSIT SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED AS AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE REMOTE DEPOSIT SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE MOBILE REMOTE DEPOSIT SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE MOBILE REMOTE DEPOSIT SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE MOBILE REMOTE DEPOSIT SERVICES OR TECHNOLOGY WILL BE CORRECTED.
S. Limitation Of Liability
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 RESULTING FROM THE USE OR THE INABILITY TO USE THE MOBILE REMOTE DEPOSIT SERVICES 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 THE MOBILE REMOTE DEPOSIT SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IS USER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.\
T. Other Terms
User may not assign this Agreement. This Agreement shall be governed by the laws of the state where Bank is located and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.