END USER TERMS
This service is provided to you by Western Alliance 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 Western Alliance Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
SECTION A
WESTERN ALLIANCE BANK PERSONAL MOBILE BANKING TERMS AND CONDITIONS
This Agreement governs the use of Western Alliance Bank Personal Mobile Banking. Any other agreements you have entered into with Western Alliance Bank or its divisions ("Bank"), including the Deposit Account Agreement and Disclosure and the Personal Online Banking Service Agreement, are incorporated by reference and made part of this Agreement. Unless otherwise defined herein, all capitalized terms shall have the meaning provided in the Personal Online Banking Service Agreement ("POB Agreement").
1. Services. Western Alliance Bank Personal Mobile Banking ("Service") is a service offered through a mobile software application that allows those customers enrolled in the Bank's Personal Online Banking Service (with active user ID) to access certain Account information and conduct limited transactions through a compatible wireless, web-enabled cell phone or other type of mobile device ("Device").
2. Email and SMS (Text) Messages. As described in the POB Agreement, the Service allows you to set up Alerts through your Device for enrolled Accounts. The Service is provided by Bank and not by any other third party. You and Bank are solely responsible for the content transmitted through the Alerts sent to and from Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.). For help with Alerts, text "HELP" to 49794. To cancel Alerts, text "STOP" to 49794 at anytime. In case of questions please contact Bank at (888) 271-0610.
3. Acceptance of Terms and Conditions. Your use and continued use (regardless of any modifications, amendments, or changes to this Agreement) of the Service constitutes your agreement and acceptance of the terms of this Agreement and all other agreements referenced herein, as they may be amended by Bank. Bank reserves the right to modify, change, or amend any of the services and/or the terms of this Agreement, at any time, for any reason.
4. Fees. In accordance with the POB Agreement, you are responsible for all fees and charges incurred in connection with your use of the Service, including all applicable fees set forth in the Schedule of Fees and Charges, which may be amended from time to time. The Service is separate and apart from any other charges that may be assessed by your wireless carrier for Alerts sent to or received from Bank. You are solely 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.
5. Service Interruptions. The Service may be periodically unavailable due to system maintenance, periodic outages, emergencies, or for any reason. Bank will attempt to post alerts on Personal Online Banking's ("POB") home page of these interruptions in the Service. Bank assumes no responsibility for any Service interruptions or any resulting damages you may incur as result of such interruptions. Bank may terminate your access to the Service, in whole or in part and for any reason, at any time with or without prior notice.
6. Software. In order to use the Service, you must obtain and maintain, at your own expense the Software provided by Licensor as subject to Section B below. Bank is not responsible for any third party software you may need to access the Service. Any such software is accepted by you as is and subject to the terms and conditions of the applicable software license agreement (e.g., Section B) you enter directly with the third party software provider prior to your use of the downloadable application.
SECTION B
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. 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").
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.