This service is provided to you by Northbrook Bank & Trust Company (the "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 the Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
MOBILE TERMS AND CONDITIONS - INTRODUCTION
Thank you for using the Bank's Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at any time. In case of questions please contact customer service at email@example.com or call 1-847-418-2800.
These Mobile Terms and Conditions ("Terms and Conditions") contain the terms and conditions under which we permit our Online Banking users to obtain certain banking services via a handheld mobile device, as described below (each a "Mobile Service" or a "Service"). In these Terms and Conditions, "you" refers to our Consumer Online Banking user who has registered for the Mobile Service, and the terms "Northbrook Bank & Trust Company," "Bank," "we" and "us" refer to Northbrook Bank & Trust Company. You accept these Terms and Conditions when you enroll and use the Service.
Use of Online Banking is required for access to Mobile Banking. These Terms and Conditions supplement the Online Banking and Bill Payment Agreement ("Agreement") which includes other services such as People Pay, which is now also available via mobile. The Agreement is located at http://www.northbrookbank.com/online/banking/ceb_disclosure.html. All terms and definitions contained in the Agreement apply to these Terms and Conditions. In addition, the terms and conditions of your deposit agreements and disclosures for each of your Bank deposit accounts, as well as any other agreements you may have with us, such as loans, continue to apply. In the event of a conflict or inconsistency between these Terms and Conditions and the Agreement or any other agreements currently in place between you and us, these Terms and Conditions will govern.
1. Distinct Services. The Mobile 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 the 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.
2. Transmission Content. You and the Bank are solely responsible for the content transmitted through the text messages sent to and from the Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
3. Accessing Mobile Banking. In order to access our Mobile Services, you must have a cell phone, tablet or other handheld device that can send and receive information using the technology that supports this Service (a "Mobile Device"). Internet access is not required on your Mobile Device to use the Mobile Service; however, certain services are only available through the Internet. The kinds of Mobile Devices and the telecommunications carriers that support Mobile Services are described on our website. You are responsible for the purchase and maintenance of your Mobile Device and for any contracts with your telecommunication carrier necessary to operate your Mobile Device.
4. Additional Login Options. You can now use Touch ID to log into your .CommunityMobile Mobile App.
Please review and understand the below information before enabling the capability of this device. Your Mobile Device may have a built-in feature which authenticates your identity by using biometrics such as fingerprints, eye (iris) scans, and facial recognition. Some Mobile Devices allow multiple users to authenticate using the biometric feature. For example, your phone may allow you to set up authentication using your own fingerprint, as well as the fingerprints of your family members.
In the event that you utilize our Mobile Services that offer the capability to access and /or authorize banking transactions via the biometric function of your Mobile Device, be aware that the Mobile Services will accept any person's authorized biometric (i.e. fingerprint) that your Mobile Device currently allows. This could result in someone with biometric access to your Mobile Device potentially gaining unauthorized access to your accounts with the Bank.
5. Your Responsibility for Security. It is your responsibility to properly secure your Mobile Devices, including whether to allow other people to have biometric access to the devices. Mobile Devices with Internet capabilities are susceptible to viruses. You are responsible to ensure that your Mobile Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components that could result in damage to programs, files, and/or your Mobile Device or could result in information being intercepted by a third party. We are not responsible if any non-public personal information is accessed via the Mobile Service due to any virus residing or being contracted by your Mobile Device at any time or from any source.
USING MOBILE BANKING
1. Uses. With Mobile Banking, you may use your Mobile Device:
To view balances and recent transactions for each online banking account that you have enabled to be accessed from your Mobile Device (each a "Mobile Account").
To make immediate, one-time transfers of funds between your Mobile Accounts. The terms and conditions for transfers using the Mobile Service, including any limitations on the amount and frequency of transfers, are the same as those for transfers using Online Banking and are governed by your applicable account agreements.
To view alerts as long as you have enabled the option in Online Banking.
To obtain cash at ATMs through Cardless Cash Access.
To make single Bill Payments to Payees you previously established in our Bill Payment and/or People Pay service while logged in to an earlier separate Online Banking session. This feature is subject to the terms and conditions in the Agreement.
To make deposits to your Mobile Accounts through the .communityCapture Service.
We may change these Terms and Conditions from time to time, as provided herein, to add, modify or discontinue one or more terms of Mobile Banking. We also reserve the right, at our discretion, to impose a frequency or dollar limit on, or refuse to make, any transfers.
Mobile Accounts will only be enrolled in the Mobile Service to the extent you are the owner of the Mobile Account. We reserve the right to deny access to any Mobile Account at our discretion and without prior notice. Transfers from insured money market accounts and savings accounts are limited to six per month, including transfers from such accounts by check, debit card or similar order, and, if you exceed these limits, we may assess a penalty fee on each transfer exceeding these limits, close the account and/or convert the account to a non-interest bearing demand deposit account.
2. Access. Mobile Banking is generally available 24 hours a day and 7 days a week. However, at certain times, some or all of the Mobile Services may not be available due to system maintenance or reasons beyond our control, including, but not limited to, cellular service availability. We do not warrant that Mobile Banking will be available at all times. The display of Mobile Account information may vary based on your Mobile Device and your cellular service.
3. Short Message Service "SMS" Texting. We may send text messages to you based upon the instructions you provide at the time of your SMS request. For instance, you may set an alert for a low balance threshold you have established. Each SMS message is sent to you without being encrypted and will include certain information requested on your Mobile Account(s). It is your responsibility to determine if your wireless carrier provider supports text messaging and whether your Mobile Device is capable of receiving text messages. Our SMS messages are subject to the terms and conditions of your agreement with your wireless carrier provider and your use of the SMS service may result in additional or changed fees.
Once you activate your Mobile Device for this Alert Service, you are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:
Login to Online Banking and cancel your SMS Alert Service if your Mobile Device is lost or stolen and contact us immediately;
Login to Online Banking and cancel or edit your SMS Alert Service if there are changes to your wireless carrier provider or Mobile Device number (cell phone number); and
Erase your "Sent Messages" and "Inbox" that may contain your SMS Short Code or other personal information.
You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). We are not liable for any losses, damages or costs that may arise in whole or in part, from:
Non-delivery, delayed delivery, or the misdirected delivery of any message;
Inaccurate or incomplete content in any message; and
Your reliance on or use of the information provided in any SMS service message for any purpose.
We provide this Service as a convenience to you. An SMS message does not constitute an official record for the Mobile Account to which it pertains. We reserve the right to terminate this function or begin charging a fee for this function at any time without prior notice to you, except where required by law.
4. No Recurring Bill Payments to a Vendor Payee. The Mobile Service allows you to make only one-time Bill Payments, but does not allow you to schedule future or recurring transfers through your Mobile Device. If you discover there is an amount entry error or other issue with a one-time Bill Payment you just submitted through your Mobile Device, promptly contact us by calling 1-847-418-2800 during the department's regular business hours to determine if your submitted Bill Payment can be stopped with a timely Stop Payment Order from you.
5. No Recurring Transfers or Stop Payment of a Transfer. Mobile Banking allows you to make only one-time transfers, but does not allow you to schedule future or recurring transfers through your Mobile Device. There is no way for you to stop a transfer once you have requested a transfer through your Mobile Device.
6. Cardless Cash Access. The Cardless Cash Access Service allows you to withdraw cash from Participating ATM's using the Application on a Mobile Device. Participating ATMs will be in the Wintrust Community Bank network and will have a QR code to enable the Mobile Device to access the Service.
6.1 Activation: In order to activate Cardless Cash Access you must have a Debit Card linked to an established Checking deposit account for personal, family or household purposes with the Bank. Debit Card limits as outlined in the Electronic Funds Transfer section of the Agreement apply to this Service. The Bank may add additional types of accounts to access as well as the types of cards to access the Service at any time without prior notice.
6.2 Records: When an ATM cash withdrawal is made with the Mobile Device, a record of the transaction will be available within the Application on the Mobile Device. You agree to a) as needed, compile and retain permanent records of all transactions and other data associated with the account and use of the Service; b) reconcile the Service's transaction information to your deposit account. You further agree that you will comply with any instructions and/or procedures regarding the Service that may be issued by the Bank from time to time.
6.3 Unauthorized Use: You must contact the Bank immediately if you believe an error or unauthorized activity has occurred in the Cardless Cash Service or through use of this Service. The rights and responsibilities described in the Electronic Funds Transfer section of the Agreement will apply to transactions utilizing this Service.
USING MOBILE DEPOSIT via .communityCapture Service
1. Service and Service Terms. The following terms and conditions apply to the Consumer Electronic Banking - Mobile Remote Deposit Capture Service (the " .communityCapture Service") that the Bank may provide to its customers. You acknowledge and agree that the .communityCapture Service or any portion of the .communityCapture Service may be provided by one or more subcontractors.
2.1 "Business Day" means any day which the Bank is open to conduct substantially all of its services, but shall not include Saturday, Sunday or federal holidays.
2.2 "Capture Device" means any device acceptable to the Bank that provides for the capture of images from original Items and for transmission through a clearing process.
2.3 "Check" shall have the same definition as set forth in Check 21.
2.4 "Check 21" means the Check Clearing for the 21st Century Act, as well as Subparts C and D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A of Regulation J of the Board of Governors of the Federal Reserve System.
2.5 "Image Replacement Document" or "IRD" means a) a Substitute Check as defined in Check 21; or b) the paper reproduction that will be created when an Item cannot be converted to an ACH transaction.
2.6 "Item" means a Check, money order, cashier's check, official check, U.S Treasury check, or any other payment instrument drawn on a financial institution within the United States from a Payor to you that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of an Item, in addition to other required information as specified by the Bank from time to time, in the format specified by the Bank from time to time. Notwithstanding the foregoing, it is understood that you will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an Item to be processed for deposit, it must be properly endorsed.
2.7 "Payor" means consumers or businesses that make payments to you by means of Items, but you shall not be a Payor.
2.8 "Service(s)" means the .communityCapture Service provided by the Bank including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose of delivery to the Bank for clearing as an IRD. Service also includes any applicable support services. The Service shall only be provided for Items received by an individual customer for personal, family or household purposes that are being deposited into a customer's account at the Bank.
2.9 "Technology" means the Bank's or its subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of Items. The applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to the Bank and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to customer service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by the Bank or its subcontractors and used in the provision of the Services hereunder. Any software provided by the Bank or its subcontractors pursuant to the Service shall be considered Software as defined in the End User License Agreement Terms for the Downloadable App of the Mobile Banking - Terms and Conditions.
3. Requirements, Suspension and Cancellation of Service.
3.1 Mobile Banking Requirements: Use of Mobile Banking is required to use a Mobile Device as a Capture Device.
3.2 System and Software Requirements: In order to utilize the Services, you must have the following system and software with the indicated specifications:
System and Software Requirements for Online Banking are contained within the Online Banking and Bill Payment Agreement located at http://www.northbrookbank.com/online/banking/ceb_disclosure.html.
In addition to the System and Software requirements for Online Banking, if you will be accessing .communityCapture using a computer and TWAIN compatible scanner: Java Runtime Environment (JRE) 1.4.2 or higher must be installed to your PC/MAC.
For a PC: TWAIN compliant scanner or All-in-One' copier scanner with TWAIN drivers installed.
For a Mac: ONLY Twain-compliant scanners or an Ethernet-attached Magtek scanner is approved for use.
Please see the User Manual for the scanner to determine if it is TWAIN compatible.
If you will be accessing .communityCapture from the .communityMOBILE app, the following Mobile Devices are supported (Data Plan is required):
iPhone with iOS 8.0 or above.
Android OS 4.1 or above; device must have an auto-focus camera.
This Service is not available with a Mobile Browser, Blackberry or Windows devices at this time.
3.3 Image Quality: The Check image transmitted to us through the Service must be legible, as determined in our sole discretion. Each Check image must show all four corners of the Check and 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 at the bottom of the Check, signature(s), any required identification written on the front of the Check and any endorsements applied to the back of the Check. The Check 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.
3.4 Endorsements and Procedures: You agree to restrictively endorse any Item transmitted through the Service as "For Mobile deposit only, Northbrook Bank & Trust Company", the last four digits of your account number and your signature (must match the Payee line on the check) or as otherwise instructed by the Bank. If the Check is made payable to you and another payee, both of you must endorse the Check, and it must be deposited into an account owned by both of you. If you do not properly endorse the check, your deposit may fail. The Bank reserves the right to reject all items that are not endorsed as specified. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time.
3.5 Authorizations: You authorize the Bank to convert Items to IRDs or transmit Items as images and further authorize the Bank or any other financial institution to which an Item is sent to handle the Item. You agree to, at your sole expense, a) provide connectivity between the Capture Device and the Technology; b) maintain the Capture Device in accordance with the instructions provided by the Bank, its subcontractors and/or any other Capture Device provider; c) as applicable, utilize your software, or the Bank's software to scan, load, and format Items as needed for transmission to the Bank; d) process return data and any remittance data delivered by the Bank for the purpose of updating your internal systems (which may include electronic and paper return Items); and, e) implement and maintain security measures, including firewall protection, in compliance with your obligations under this Agreement. You further agree to comply with any instructions and/or procedures regarding the Service and submission of Items that may be issued by the Bank from time to time.
3.6 Handling of Transmitted Items: You are responsible for the proper disposal of all original Items following their transmittal to the Bank. You agree to retain and safeguard the original Item for at least 14 days after transmittal of the Item. After 14 days and subject to your verification that the funds associated with the Item have been added to your account balance, you agree to mark the Item "VOID" and properly dispose of the Item by shredding or another commercially acceptable means of data destruction. All Items deposited using the Service are subject to final confirmation that an acceptable IRD has been created for further collection.
3.7 Prohibition on Duplication of Deposits. Unless the Bank has notified you that an Item has been rejected or returned unprocessed, you are prohibited from subsequently presenting for deposit any Item included in an IRD either in its paper based form or in digital form within another deposit. You agree that the posting of a deposit by the Bank into your account, such that it appears in the transaction history of the account as presented through the Bank's Online Banking system, shall constitute confirmation that an IRD has been credited to your account and you shall properly dispose of the Item as described in Section 3.6. You shall indemnify the Bank for any and all losses or other damages the Bank may suffer as a result of any deposit of an Item more than once. You expressly authorize and instruct the Bank to debit your account(s) in the amount of any Item which is deposited more than once.
3.8 Account Statement Examination: Unless you notify the Bank of any errors to deposits made through the Service within 60 days after the applicable account statement is mailed or otherwise provided to you, such statement regarding all deposits made through the Service shall be deemed to be correct.
4. Payment Processing.
4.1 Deposit Limits: There are limits to the number and dollar amount of deposits that may be made using the Service. The following limits will apply:
Deposited Item Limit: $2,500.00 (no single Item may be greater than $2,500.00)
Daily Limit: $2,500.00 (no total deposit for the day may exceed $2,500.00)
Daily Item count limit: 5 (total Items in a day's deposit may not exceed 5)
Multi-day Limit: $5,000.00 (total deposits made within 25 days may not exceed $5,000.00)
Multi-day Limit period: 25 Business Days (total # of days in multi-day period)
Multi-day Item count: 15 (total Items deposited in a multi-day period may not exceed 15)
4.2 IRD Processing: Items may be transmitted for electronic processing by other financial institutions or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at the Bank's sole discretion. The IRDs will be created in accordance with Check 21; alternatively, the Bank may process Items as photocopies in lieu of originals, under guidelines established under applicable industry standards. Items that fail to satisfy your warranties, that fail to meet the requirements of the Bank or Check 21, or that are otherwise not able to be processed, may be charged back to your account(s) or returned to you. You agree to be bound by any clearinghouse agreements and operating circular and image exchange agreements to which the Bank is a party. In no event will the Bank be liable for any interest on an Item that is rejected.
4.3 Processing of Items: Images of Items transmitted by you are not considered received by the Bank until you have received an electronic confirmation of the receipt of the deposit from the Bank. However, receipt of the confirmation from the Bank does not mean that the transmission was error free or complete. Items transmitted by you and received by the Bank or its subcontractors by 6:00 p.m. CST Monday through Friday shall be credited to your applicable account on the same Business Day. Items received by the Bank after 6:00 p.m. CST on any Business Day or on a Saturday, Sunday or federal holiday shall be credited to your applicable account on the next successive Business Day. Funds from Items deposited under the terms of this Agreement will generally be available to you pursuant to the Banks Funds Availability Policy, except that funds from State and Local Government Checks, Cashier's, Certified, Teller Checks, Federal Reserve Bank, Federal Home Loan Bank Checks and postal money orders may be made available up to 2 business days after the day of your deposit. U.S. Treasury Checks are made available the next business day after the day of your deposit.
4.4 Items Not Permitted for Processing: You may only use the Service to deposit Items the Bank considers acceptable. The following types of Items will not be permitted for processing and you agree not to submit them:
Checks made payable to others (even if endorsed over to you).
Checks containing obvious alterations on the front of the Item, or which You knows, suspects, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Item is drawn.
Substitute checks (i.e. paper checks created from an electronic image)
Checks that are irregular in any way (e.g. where the numerical and written amounts are different)
Checks that have been previously returned unpaid for any reason.
Checks that are postdated or more than 6 months old.
Checks drawn on a foreign bank or payable in a foreign currency.
Checks that exceed the maximum limits set forth in Section 4.1 above.
Demand drafts or remotely created checks lacking the original signature of the person authorizing the check.
4.5 Your Liability: You shall be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and neither the Bank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement.
Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back Item. Information and data reported hereunder: a) may be received prior to final posting and confirmation and is subject to correction and b) is for informational purposes only and may not be relied upon. You agree that the Bank shall have no liability for the content of payment-related information.
5. Your Warranties. You make the following warranties with respect to the Items you deposit: a) you have only transmitted acceptable Items for deposit and have handled the original Items following transmission to the Bank as agreed to or directed by the Bank and in accordance with applicable law; b) you are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item; c) the Items have not been altered; d) each Item bears all applicable endorsements in a restricted format as directed by the Bank; e) all the warranties set forth in Check 21 and its implementing regulations that you or the Bank must make in processing the Check image, as well as the warranties of 4-207 of the Uniform Commercial Code as adopted in the state of Illinois f) (1) the electronic image portion of each Item accurately and legibly represents all of the information on the front and back of the original Check as of the time the original Check was truncated, (2) the information portion of the Item contains a record of all applicable MICR-line information required for a substitute check, and (3) the Item conforms to the technical standards for an electronic Item as specified by the Bank from time to time; g) you will submit only one accurate and clear image of the front and back of each Item to the Bank only one time; h) you will not deposit the original Item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; and i) the amount of an Item, and such other information contained in such Item which is accurate and complete. You agree that these warranties shall be true and correct as of the date of each Item and that the submission of each Item to the Bank for processing shall be an acknowledgment of each such representation and warranty as of that date;
GENERAL TERMS APPLICABLE TO ALL MOBILE SERVICES
1. Limitation on Liability. We hope you will find the Mobile Services to be useful and reliable. However, it is important that you understand the limitations of Mobile Banking. The balance of a Mobile Account may be subject to change at any time, and the information provided to you through Mobile Banking may become quickly outdated. Because the Mobile Services are accessible only through your Mobile Device, your access to the Mobile Service may be limited by the service provided by your telecommunications carrier. Neither we nor our Licensor guarantee: a) either the delivery or the accuracy of any information requested or provided through the Mobile Service; or b) that you will have continuous or uninterrupted access to the Mobile Service. We are not responsible for any delay, failure or error in the transmission or content of information provided through the Mobile Service. Neither we nor our Licensor will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the Mobile Service; from any inaccurate information provided through the Mobile Service; from your use of or reliance on any information provided through the Mobile Service; or from your inability to access the Mobile Service.
2. Your Rights as a Consumer. See the section of the Agreement entitled "ELECTRONIC FUNDS TRANSFERS - YOUR RIGHTS AND RESPONSIBILITIES" for your legal rights and responsibilities when using the Services.
3. Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us for the Mobile Banking Service is current and accurate. This includes not only the telephone number and telecommunications carrier for your Mobile Device, but also your name, address, other phone numbers, and your e-mail address. You may contact us about corrections and/or updates by accessing our secure email service (click on the Customer Service Menu when you are logged in to our Online Banking home page on the Internet), by phoning us or by writing to us.
4. WARRANTIES AND DISCLAIMERS.
4.1 YOUR WARRANTY: YOU REPRESENT AND WARRANT TO THE BANK THAT: a) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS HEREUNDER AND ALL INFORMATION SUPPLIED BY YOU TO THE BANK IS ACCURATE AND TRUE; b) YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE BANK AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; c) YOU AND ANY AUTHORIZED USERS WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE BANK'S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;
5. Withdrawal of Access/Suspension of Service: The Bank reserves the right to deny, suspend or revoke access to any Mobile Banking Service immediately, in whole or in part, in its sole discretion, without notice, if the Bank believes you and/or your authorized users are in breach of these Terms and Conditions or are otherwise using or accessing the Service inconsistent with these Terms and Conditions. Further, the Bank or its subcontractor shall have the right to suspend Services immediately a) in the event of an emergency or in the event of force majeure, or b) if the Bank determines in its sole discretion that your financial condition of renders your use of the Service no longer advisable.
6.1 Termination: In addition to the denial, suspension, revocation and termination provisions above, the Bank may immediately terminate Mobile Banking or any portion of the Services if the Bank determines that such Service or portion of any Service is in violation of the any other law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. You may terminate the Service with notice to the Bank.
6.2 Obligations upon Termination: Upon the termination of this Agreement for any reason: a) your access to, and use of, the Mobile Banking or the Service will terminate; b) you will return to the Bank any and all the Bank's Services, equipment, software, documentation, Technology or other deliverables provided to you by the Bank, including any copies thereof held by you; and c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and, upon request, provide written verification of same. Notwithstanding the foregoing, the Bank's obligations with respect to subsection c) shall be subject to the Bank's record retention policies and applicable laws and regulations. The provisions of sections 1, 6, 7, and 8 of these General Terms shall survive termination of this Agreement.
7.1 The Bank's Confidential Information: You acknowledge that the Technology and Services contain valuable trade secrets, which are the sole property of the Bank or its subcontractors and you agree to hold a) such trade secrets and b) any and all other information designated by the Bank as confidential (collectively, with the trade secrets, the "Confidential Information") in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein and agree to same. You will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Confidential Information. You agree to notify the Bank promptly upon learning of any unauthorized disclosure or use of any Confidential Information.
7.2 Unauthorized Use: You acknowledge that the unauthorized use, disclosure or duplication of any Confidential Information shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the Bank, for which there is no adequate remedy at law. Accordingly, you hereby agree that the Bank may seek injunctive relief against you to prevent or remedy any breach of your confidentiality obligations described herein. You agree to indemnify the Bank and hold it harmless from and against any and all losses, liabilities, claims, damages and expenses (including reasonable legal fees and expenses) arising from or relating to the disclosure of any Confidential Information or the failure to keep the Technology secure. You understands and agrees that the use of the Technology and Services is confidential and agrees to assume all risks of accidental disclosure, inadvertent use or unauthorized use by any party whatsoever, whether or not such disclosure or use is on account of your negligence.
8. Intellectual Property Ownership. This Agreement does not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with the Bank and/or its subcontractors.
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.
USER MOBILE BANKING SECURITY RESPONSIBILITIES
Ensure the Mobile Device is updated with the latest system software provided by the mobile carrier or device manufacturer;
Install mobile security software (such as anti-virus and firewall) from a reputable software publisher;
Do not store sensitive personal or bank account information on the Mobile Device;
Do not modify the Mobile Device to bypass security features or replace the system software;
Avoid using public Wi-Fi connections for mobile banking;
Avoid using Mobile Device as a Wi-Fi hot spot;
If the Mobile Device is lost or stolen, contact the Bank to have your Online Banking credentials changed.