This service is provided to you by El Dorado Savings Bank and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and El Dorado Savings Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
SECTION A
El Dorado Savings Bank
Mobile Banking Agreement and Disclosure
Introduction:
El Dorado Savings Bank strives to provide the highest quality Mobile Banking service available. By enrolling in our Mobile Banking service, you agree to all of the terms and conditions contained in this Agreement and Disclosure (the "Agreement"). Except as modified in this Agreement, all terms and conditions of your Internet Banking Service Agreement and Disclosure Statement, and Guide to Accounts and Services remain in effect.
We may offer additional Mobile Banking services and features in the future. Any added Mobile Banking services and features will be governed by this Agreement and by any agreement(s) provided to you at the time the new Mobile Banking service or feature is added or at the time of enrollment for the feature or service if applicable. From time to time, we may amend this Agreement and modify or cancel the Mobile Banking service we offer without notice, except as may be required by Law.
Definitions:
As used in this Agreement, the following words will have the definitions given below:
"Accounts(s)" means your eligible El Dorado Savings Bank checking, savings, loan, certificate of deposit and other El Dorado Savings Bank products that can be accessed through the Mobile Banking service.
"Device" means a supportable mobile device such as a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. (Note: Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.)
("Mobile Banking") means the banking services accessible from the Device you have registered with us for Mobile Banking.
"You" and "Yours" mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
"We" ,"US", "Bank", and "EDSB" means El Dorado Savings Bank.
Mobile Banking Service
Mobile Banking is offered as a convenience and supplemental service to our Internet Banking services. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your EDSB account information, use bill pay, transfer funds between your accounts and conduct other banking transactions. To utilize the Mobile Banking service, you must be enrolled in Internet Banking and then activate your Mobile Banking Device.
We reserve the right to limit the types and number of accounts or Devices eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Mobile Banking service at any time.
Mobile Banking may not be accessible over some network carriers. In addition, the Mobile Banking Service may not be supportable for all Devices. EDSB cannot guarantee, and is not responsible for the availability of, data services provided by your mobile carrier, such as data outages or out of range issues.
Mobile Banking 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 EDSB. 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.
In order to properly use Mobile Banking, you should review and follow the instructions provide on our website www.eldoradosavingsbank.com. You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with Mobile Banking. In the event of any modifications to the Mobile Banking service, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Mobile Banking service or your Device.
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for uses of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
You agree to provide source indication in any messages your send, such as your mobile telephone number or "From" field in text message.
Any deposit account, loan or other banking product accessed through this Mobile Banking service is also subject to the Account Terms and Conditions and to the Account Agreements and Disclosures provided at time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use the Mobile Banking Service to transfer funds between your eligible EDSB accounts (Internal Transfer). You may not transfer to or from an Account at another financial institution using our Mobile Banking Service. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without notice, at our option.
Text Message
If your Device is text message capable you can send the text "HELP" to 79680 for assistance or you can cancel your plan by sending text "STOP" to 79680.
Responsibilities
Account Ownership/Correct Information: You represent that you are the legal owner of the Accounts and other financial information which may be accessed using Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You represent that you are an authorized user of the Mobile Device you will use to access Mobile Banking.
Security
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any unauthorized person. If you permit other persons to use you Mobile Device, login information or any other means to access Mobile Banking, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
We make no representations that Mobile Banking will be available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
Conduct
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would be considered illegal.
Indemnification
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless El Dorado Savings Bank its officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs caused or arising from (1) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Mobile Banking service ; (2) your violation of any law or rights of a third party; or (3) your use, or use by a third party of Mobile Banking.
Authorization to Receive Electronic Communications:
By signing up for and using our Mobile Banking service, you authorize us to call and send SMS text messages to your Device.
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.