National Exchange Bank
& Trust Mobile & National Exchange Bank & Trust Text Banking Terms
and Conditions of Use
END
USER TERMS
This
service is provided to you by National Exchange Bank & Trust 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 National Exchange Bank & Trust. Section B of
these End User Terms is a legal agreement between you and the Licensor.
SECTION
A
National Exchange Bank & Trust TERMS AND CONDITIONS
Thank
you for using National Exchange Bank & Trust Mobile Banking and National
Exchange Bank & Trust Text Banking.
To
use National Exchange Bank & Trust Mobile Banking and Text Messaging, you
must have an active UserID and Password for Exchange
OnLine, National Exchange Bank & Trust's Internet banking service. You
agree that you have read and agreed to the Electronic Services Agreement (Consumer
Online Banking and Bill Payment Agreement) which applies to these Mobile
Banking Terms and Conditions of Use and, without limiting the foregoing,
contains the terms and conditions applicable to your use of our remote deposit
capture service. You also acknowledge and agree to these End User Terms which
supplement the Electronic Services Agreement and Security Schedule when you enroll
in Mobile Banking and/or Text Messaging.
For
mobile banking, go to nebat.com on your mobile device, select Account Login and
choose Exchange OnLine. Download the app (at the top of your screen or from the
menu) or log in to Exchange OnLine Mobile Web with your Exchange OnLine
credentials.
To enroll in Text Banking, choose Manage mobile banking
settings from the menu on the Accounts Overview screen of Exchange OnLine and
click "Activate Now" next to Text Banking. You will receive an
activation code, instructions and a text message from National Exchange Bank
& Trust to get you started. For
help, text "HELP"
to 79680. To cancel text banking, text "STOP" to 79680 at any time.
In
case of questions, please contact customer service at www.nebat.com/contact-us.php or
call 877.921.7700. We are not responsible or liable for the acts, omissions,
systems or services provided by the Licensor or any of the provisions of
Section B which is the responsibility of the Licensor.
We
also will not be liable for any delays or failures in your ability to access
the Mobile Banking service or in your receipt of any text messages. The wireless carriers are not liable for delayed or
undelivered messages. One
text message per query. Message and
Data Rates May Apply.
Supported carriers include, but are not
limited to: AT&T, T-Mobile, U.S. Cellular,
Sprint, Verizon Wireless, MetroPCS,
Boost, Virgin Mobile and Cricket.
Terms
and Conditions
1. 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 National Exchange Bank & Trust. 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.
2. The services are provided by National
Exchange Bank & Trust and not by any other third party. You and National Exchange
Bank & Trust are solely responsible for the content transmitted through the
text messages sent to and from National Exchange Bank & Trust. You must provide source indication in any
messages you send (e.g., mobile telephone number, "From" field in
text message, etc.)
3. We reserve the right to alter pricing and/or
these Term and Conditions from time to time, and we reserve the right to
terminate, discontinue or suspend any service at any time. We may terminate
Exchange OnLine Internet Banking, Mobile Banking and/or Text Messaging at any
time, including if you or your accounts are not eligible for any service, if we
believe you are in breach of your account agreement with us, the Service
Agreement or these Terms and Conditions, or in the event your mobile service
terminates or lapses.
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 California 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 California 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.
May 2016