First National Bank of Mount Vernon Mobiliti™ Addendum
To Agreement for Online Banking Services
This is an addendum to your Online Banking Services Agreement (“Agreement”) and sets forth the additional terms and conditions for use of the Mobile Banking Services (“Mobiliti”) offered through First National Bank of Mount Vernon to you. Except where modified by this Addendum, the Online Banking Services Agreement remains in effect. Terms defined in the Agreement that are not defined in the Addendum have the same meaning here. This Addendum and the Agreement constitute the entire agreement between us and you relating to Mobile Banking, supersede any other agreements relating to Mobile Banking, and may only be amended as provided in the Agreement. If there is a conflict between Agreement and this Addendum, the terms in this Addendum will govern your use of Mobile Banking.
I. ACCEPTANCE OF ADDENDUM.
A. Accepting this Addendum.
By clicking “I Agree” when you register for Mobile Banking Services (“Mobiliti™”) or by using the Mobile Banking Services, you agree to the terms and conditions of this Addendum.
B. Description of Services.
Mobile Banking is a personal financial information management service that allows you to:
(i) access First National Bank of Mount Vernon account information such as balances and recent transaction history;
(ii) transfer funds between your accounts at First National Bank of Mount Vernon;
(iii) set up optional account alerts to be delivered either to your mobile phone using sms text messaging (standard text rates apply), and/or via email;
(iv) make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service;
(v) and make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.
Not all Mobile Banking Services are available on all types of mobile devices. See our Web site at www.fnbmv.com for the most up-to-date list of Services. We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
C. Use of Services.
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). From time to time we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.
D. Relationship to Other Agreements.
You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum 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 (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
II. MOBILE BANKING SOFTWARE LICENSE AGREEMENT
Subject to any compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device.
B. License Restrictions/Revocation.
This License shall be revoked immediately upon any of the following conditions,
(i) your termination of Mobile Banking;
(ii) your deletion of the Software from your Wireless Device;
(iii) your noncompliance with this Addendum;
or (iv) written notice to you at any time, with or without cause.
In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Addendum.
The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason. You may not grant any sublicenses to the Software. You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software. You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice. You agree to take commercially reasonable precautions to protect the confidentiality of the Software. You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software. The provisions of this Paragraph will survive termination of this Agreement.
III. MOBILE REMOTE DEPOSIT CAPTURE
The mobile remote deposit capture service ("Mobile Deposit") provides you the ability to access and make deposits to your designated eligible Accounts using the Software. Mobile Deposit is designed to take advantage of The Check Clearing for the 21st Century Act and its regulations (collectively "Check 21"). Mobile Deposit enables you to use a compatible wireless device to photograph an image of an original paper check (each an "Original Check") that are drawn on or payable through United States financial institutions (each a "Check Image") and to electronically submit the Check Image and associated deposit information to FNBMV from your home or other remote locations using the Software for deposit into a designated eligible Account for collection thereafter by FNBMV. A Check Image submitted to FNBMV electronically for deposit is not deemed received until FNBMV accepts and confirms receipt of your Check Image deposit.
Your use of Mobile Deposit is subject to the following requirements: To access Mobile Deposit you must have or acquire and maintain a compatible handheld device with the ability to take photographs and a wireless plan from a compatible wireless carrier or access to a secure Wi-Fi network.
FNBMV will automatically qualify and approve you to use Mobile Deposit based on pre-established account eligibility criteria set from time to time by FNBMV. FNBMV reserves the right to change eligibility criteria for Mobile Deposit at any time.
You may photograph and submit Check Images for deposit to FNBMV within the dollar limits ("Deposit Limits") established for you by FNBMV. FNBMV reserves the right to limit the frequency and dollar amount of deposits submitted through Mobile Deposit. If you exceed the Deposit Limits established for you, FNBMV may in its sole discretion accept or refuse the Check Image deposit. If at any time FNBMV accepts a Check Image deposit that exceeds your Deposit Limits, FNBMV will have no obligation to do so in the future. FNBMV may at any time at its sole discretion raise or lower your Deposit Limits.
By accessing Mobile Deposit, you authorize FNBMV to provide you with access to all of the eligible Accounts qualified to participate in Mobile Deposit. The following Account types are currently eligible for Mobile Deposit: checking, savings, and money market Accounts. FNBMV reserves the right to limit the features of Mobile Deposit available with respect to different types of eligible Accounts.
C. Deposit Processing.
Photographing and submitting Check Image deposits does not constitute receipt of the deposit by FNBMV. Generally, Check Image deposits received prior to 2:00 p.m. Central Time (CT) are processed on the Business Day of receipt. For purposes of this Agreement, Business Day means any day other than Saturdays, Sundays, and holidays when FNBMV is closed to the public. Any Check Image deposit received after 2:00 p.m. CT on a Business Day or on a day other than a Business Day will be processed on FNBMV's next Business Day. Acknowledgment that your Check Image deposit has been received by FNBMV does not mean that the Check Image deposit was received error free.
D. Confirmation of Receipt or Rejection.
You may verify receipt within the Deposit History section of the FNBMV Mobile Banking Service up to 30 days. You may also verify the amount of your Check Image deposit credited to your account by reviewing your statement online or by calling a Deposit Services Representative at (903)537-2201.
E. Eligibility Criteria.
You agree that you will use Mobile Deposit to photograph only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with FNBMV. All other items may be deposited by alternate methods such as in person or by mail including a completed account deposit slip.
F. Ineligible Check Images.
You understand that FNBMV is not obligated to accept for deposit any Check Image that FNBMV in its sole discretion determines to be ineligible for Mobile Deposit. Ineligible items include: Check Images of items drawn on banks located outside the United States; Check Images that are illegible; images of checks previously converted to Substitute Checks (as defined by Check 21), and Check Images with unreadable magnetic ink character recognition ("MICR") information. The quality of any Check Image must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if FNBMV does not identify a Check Image as ineligible, the Check Image may be returned to FNBMV because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. FNBMV's failure to identify a Check Image you transmit to FNBMV as ineligible shall not preclude or limit your obligations.
G. Destruction of Check Images.
You shall fully destroy each Original Check in your Check Image deposit thirty (30) days following receipt and crediting of your Check Image deposit or as FNBMV may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You understand each Original Check must be fully destroyed following any retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused following submission by Mobile Deposit and its full destruction.
H. Representations and Warranties.
1. You make the following representations and warranties: You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you photographed the Check Image.
2. You shall submit to FNBMV only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.
3. You shall destroy the Original Checks as stated above.
4. You shall not submit to FNBMV or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with FNBMV or which you previously submitted to and was accepted by any other person or entity for deposit.
5. You shall not deposit into your Account with FNBMV or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to FNBMV, unless following receipt of your submission, FNBMV notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
6. You shall indemnify, defend, and hold FNBMV and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through Mobile Deposit as described above.
7. You shall use Mobile Deposit only for your own personal or home office use in accordance with the terms of this Agreement. You shall not make Mobile Deposit available or transfer your rights to use Mobile Deposit for the benefit of any third party.
I. Acknowledgment; Limitation of Liability.
FNBMV will acknowledge pending, failed, or pending status of your Check Image deposit submitted through Mobile Deposit and you are responsible to review within the Deposit History section of the FNBMV Mobile Banking Service. FNBMV's ability to provide Mobile Deposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests. FNBMV shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of Mobile Deposit, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within FNBMV's control.
J. Business Accounts.
The following provisions are applicable to Business Accounts. "Business Accounts" mean sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not "consumer" accounts and are not maintained primarily for personal, family, or household purposes. For Business Accounts using Mobile Deposit, FNBMV is not responsible for any loss, injury or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by Mobile Deposit or the use of Mobile Deposit except as otherwise expressly provided for in this Agreement or by applicable law. By using Mobile Deposit to access your Business Accounts, you are responsible for any unauthorized use of Mobile Deposit and any loss or damages incurred due to the unauthorized access to your Business Accounts.
If your deposit activity through Mobile Deposit exceeds your Deposit Limits, FNBMV reserves the right to disable your access to Mobile Deposit Capture service and provide you with information on other business banking electronic deposit options that may be available to you.
If any person authorized access through Mobile Deposit to conduct transactions on any Business Account is no longer authorized, it is your responsibility to notify FNBMV. FNBMV shall not be liable or responsible to you for any transactions conducted on a Business Account by any person whose authority to conduct transactions is no longer in effect until FNBMV is expressly notified.
K. Fees and Charges.
All fees and charges related to any Account you access with Mobile Deposit as stated in the applicable Fee Schedule for the Account will remain in effect when using Mobile Deposit. The monthly fees and charges, if any, for the use of Mobile Deposit are found in the applicable Fee Schedule. There are no charges or fees related to Mobile Deposit at this time.
L. DISCLAIMER OF WARRANTIES - YOU AGREE YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FNBMV DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FNBMV MAKES NO WARRANTY THAT MOBILE DEPOSIT (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL FNBMV BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE MOBILE DEPOSIT OR FOR ANY LOSS OF DATA, EVEN IF FNBMV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
M. Consent to Electronic Communications.
You agree that FNBMV may provide you with all disclosures, notices, and other communications about Mobile Deposit, and any future amendments or changes or additions to this Agreement, in electronic form. FNBMV will provide all future updates to this Agreement by posting the updated Agreement on the Online Banking website. At your request, FNBMV agrees to provide you with a paper copy of this Agreement. You may request paper copies of this Agreement by calling a Deposit Services Representative at (903)537-2201. Your consent to receive notices and updates in electronic form only will apply for as long as you use Mobile Deposit. You may withdraw your consent at any time by choosing to cancel Mobile Deposit. FNBMV may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Amendments may include adding new terms or conditions and deleting existing terms and conditions. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the Mobile Deposit or the safety of FNBMV's relationship with you or is otherwise required immediately by law or applicable regulation. FNBMV shall thereafter promptly advise you of any such change in writing.
IV. YOUR OBLIGATIONS
When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:
A. Account Ownership/Accurate Information.
You represent that you are the legal owner of the accounts and other financial information that may be accessed via 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. You also agree not to misrepresent your identify or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services. You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at (903)537-2201, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the mobile Banking Services.
B. Location-Based Information.
If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.
C. Export Control.
You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.
D. Proprietary Rights.
You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
E. User Conduct.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
F. No Re-Sale.
You agree that the Mobile Banking Services are for personal and business use only. You agree not to resell use of Mobile Banking.
You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
V. CHARGES FOR THE SERVICE
You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. We will advise you of any fee changes prior to implementing them. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.
VI. ADDITIONAL PROVISIONS
A. Mobile Banking Services Limitations.
1. Neither we, nor any of our service providers, including Fiserv, can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.
2. Neither we, nor any of our service providers, including Fiserv, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.
3. Neither we, nor any of our service providers, including Fiserv, assume responsibility for the operation, security, functionality or availability of any wireless Device or mobile network that you utilize to access Mobile Banking.
4. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
5. Information about activity is synchronized between the Mobile Banking software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website. Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information. The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
B. Changes or Cancellation.
You may cancel your participation in Mobile Banking by calling us at (903)-537-2201. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.
C. Use of Data
We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).
D. Third Party Beneficiary.
You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.
E. Limitations and Warranty Disclaimers.
We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.