END USER TERMS
This service is provided to you by First 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 First Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
FIRST BANK MOBILE BANKING TERMS AND CONDITIONS
Thank you for using First Bank’s Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 49794. To cancel your plan, text "STOP" to 49794 at any time. In case of questions please contact customer service at email@example.com or call 1.800-760-2265.
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 First 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. The services are provided by First Bank and not by any other third party. You and First Bank are solely responsible for the content transmitted through the text messages sent to and from First Bank. You must provide Source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).
3. First Bank offers its customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with First Bank as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message and data rates apply. Customers will be allowed to opt out of this program at any time.
4. You can contact us at firstname.lastname@example.org or 800-760-2265, Option 3, or send a text message with the word "HELP" to this number: 49794. We can answer any questions you have about the program.
5. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of First Bank or any service provider.
6. Our participating carriers include (but are not limited to) AT&T, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless.
Privacy and User Information. You acknowledge that in connection with your use of the Services, First Bank and its affiliates and service providers, including. FIS and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). First Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. First Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and agree that the Services and Software will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:
- junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
- material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;
- material or data, that is illegal, or material or data, as determined by First Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of First Bank or any third-party service provider involved in the provision of the Services; or
- material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;
- viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- any material or information that is false, misleading, or inaccurate;
- any material that would expose First Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or
- any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of FIS or any third party. You agree that you will not attempt to:
- access any Software or Services for which your use has not been authorized; or
- use or attempt to use a third party’s account; or
- interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
What Types of Personal Information We Collect
The Personal Information that First Bank collects from or about you may include, but is not limited to:
· Contact Information such as name, postal address, and e-mail address;
· Account numbers and other information on bills you would like to view online;
· Information about bank checking accounts and credit card accounts, if you decide to make payments from those accounts through Mobile Banking;
· Information maintained about you by consumer reporting agencies, including credit bureaus; and
· Information to help verify your identity and authenticate your access to your information, products and services at the Mobile Banking, including a password, secret question and secret answer.
How We Collect Your Information
First Bank may collect Personal Information about you from the following sources:
· Your enrollment applications, or similar forms;
· Your use of the Mobile Banking application and the products and services offered through it;
· Companies that provide content, such as electronic bills, to the Mobile Banking application, or that use First Bank electronic billing and/or electronic payment services at their sites;
· Consumer reporting agencies; and
· Other sources, as allowed by law.
Cookies and Related Issues
When you use Mobile Banking, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. This data does not identify you uniquely. However, it is used to assist in "authenticating" who you are when you access the Site.
We may also receive additional information about your usage, including the pages you view, the links you click and other actions you take in connection with Mobile Banking and the products and services offered through it. This data is used to make the site design more efficient.
How We May Use and Disclose Your Personal Information
· To complete transactions and render products and services authorized by you (such as sharing the information with an electric company or other biller as necessary to allow the biller to authenticate you, to pay a bill, and to send messages to you related to the authorized products and services);
· To send you information about additional products and services that have been or will be offered through the Mobile Banking by First Bank and others, although you may opt-out of receiving commercial email marketing messages from First Bank following the opt-out processes described in those messages.;
· To perform fraud screening, to verify your identity, determine your credit history, collect on accounts, furnish delinquent account information to credit reporting agencies, and verify the information contained in your account (such as sharing information with a credit reporting agency during the account enrollment process);
· To comply with laws and regulations, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend First Bank from claims, and to protect First Bank’s rights and property, and as permitted by applicable law; and
· As otherwise authorized by you.
Access to Your Information
You may review and update the Personal Information maintained about you in the Mobile Banking application at any time to ensure that it is accurate and up-to-date.
How We Keep Your Information Secure
To ensure that your Personal Information remains confidential, First Bank uses Secure Sockets Layer (SSL) technology to transmit and receive your Personal Information in an encrypted form.
Compliance with Applicable Laws
The Mobile Banking application displays advertisements, some of which are displayed by First Bank and some of which are displayed by third party advertising companies. When you click on an ad placed by an advertising company, they may receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. This information does not identify you or your computer uniquely, but may be used to personalize ad content to some degree based on location and the like. Both First Bank and the advertising companies may also place a persistent cookie on your computer in order to recognize your computer when displaying ads, in order to avoid excessively repeating ads and to further personalize the content of ads displayed to you. If you prefer, you can modify your browser setting to decline cookies, and many of the advertising companies offer you a way to opt-out of cookies as well.
First Bank may further personalize the ads it displays to you based upon information First Bank already has in your account (such as displaying an ad for services offered by First Bank or an ad for a company that offers services in your state or zip code), but First Bank does not share that information with the company placing the ad or an ad serving company. When we display personalized ads, we take a number of steps designed to protect your privacy. For example, we store page views, clicks and search terms used for ad personalization separately from your contact information or other data that directly identifies you (such as your name, e-mail address, etc.).
In writing: Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
MOBILE REMOTE DEPOSIT CAPTURE
This section establishes the rules that govern the processing of Checks (defined below) deposited to your Account(s) (also defined below) by using Mobile Remote Deposit Capture, which is part of the Mobile Banking offered by First Bank. Please read it carefully. Your use of the Services constitutes your agreement that you are solely responsible for their use and that you will use them in accordance with this Agreement. The terms and conditions of all your other agreements regarding your Accounts continue to apply. You agree to follow any and all procedures and instructions for use of the Services as we may establish from time to time. The Services are provided in our sole and absolute discretion.
Rules, Laws and Regulations. You agree to abide by and comply with all local, state, and federal rules, laws and regulations. These include, but are not limited to, Regulation CC “Expedited Funds Availability Act”, its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act (“Check 21 Act”)), and the Bank Secrecy Act (BSA), as amended from time to time.
Definitions. The following terms have the following meanings:
1. “We”, “our”, “us”, and “First Bank” mean First Bank, its employees, directors, officers, representatives, and agents.
2. “You” and “your” mean the Account holder authorized by First Bank to use Mobile Remote Deposit Capture, and any user authorized to exercise control over funds deposited in such Account holder’s Account through Mobile Remote Deposit Capture.
3. “Account” or “Accounts” mean the individual open checking, savings and money market deposit accounts you maintain with First Bank that you have set up through eBanking and made available for Mobile Banking.
4. “Check” or “Checks” mean negotiable demand draft(s) drawn on or payable through an office of a United States based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original Check(s) and substitute Check(s), but not noncash items or items payable in a medium other than United States dollars. A draft may be a Check even though it is described on its face by another term, such as “money order.”
5. “Image Item” means digitized image(s) of Check(s) that are created by you and transmitted to First Bank using the Services.
6. “Services” means the Mobile Remote Deposit Capture functions available in connection with this Agreement, including optional and future services later added to this Agreement by subsequent addendum. “Services” include, but may not be limited to, your ability to make deposits to your Accounts by scanning Checks and transmitting the images and associated deposit information to us or our designated processor, by using approved and compatible devices.
7. “System” means the program that is maintained by First Bank, or other third parties, that you connect to through the Internet in order to access the Services.
Your Eligibility . You must be a First Bank depositor in good standing, a user of eBanking, and meet other criteria to qualify for the Services. We reserve the right to change the qualification requirements at any time without notice.
Transaction Limits and Funds Availability. The Mobile Remote Deposit Capture service may be used to deposit Checks into your Account(s), subject to the terms of this Agreement. Checks deposited through the Services will be converted to Image Items for processing. The Services are subject to transaction limitations, which may change from time to time without notice. Such limits may include, but are not limited to, limits on the number and amount per Check, limits on the total amount of Checks deposited and/or limits on the number of Checks deposited per day or over a period of time. Limits may vary by customer, product or other considerations, as determined solely by us.
Equipment and Software Requirements. To use Mobile Remote Deposit Capture, you must have a mobile device compatible with our System and access to telecommunication services necessary for the Service. You will also be required to download and install the third-party Services application to your device from your device’s application store (e.g. iTunes or Google Play). The Bank is not responsible for any third party application or software you may need to use the Service. Any such application or software is accepted by you “as is” and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. Application upgrades may be required from time-to-time for continued use of the Services.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the application or Service, copy or reproduce all or any part of the Services application or Services or interfere, or attempt to interfere, with the Services application or Services. We and our technology partners, including, but not limited to FIS, retain all rights, title and interests in and to the Services and applications and software made available to you.
Hours of Access . Services are generally available 24 hours per day, 7 days per week, although some or all Services may not be available periodically due to System maintenance or circumstances beyond our control.
Equipment or System Failure . In the event of a System failure or Services unavailability, you agree that, in order to deposit your Checks, you must deliver them directly to a First Bank branch office for processing. However, if the Checks were scanned prior to the System failure, you must obtain approval by the branch before submitting the Checks to a branch office for processing.
Transmission Deadlines . Image Item deposits initiated through the System before 8:00 p.m. Central Time on a business day are posted to your Account the same day, subject to funds availability. If we receive an Image Item from you after 8:00 p.m. Central Time, or on a day that is not a business day, the Image Item will be treated as having been received by us on the next business day.
Authorized Users . You agree to provide each authorized user a copy of this Agreement. First Bank shall be entitled to rely on the apparent authority of any person who accesses the Services using a valid user login ID and password, including such persons who may not be signers on your Account. First Bank may elect to verify the authenticity or content of any transmission by placing a call to any authorized signer on your Account at our discretion. We have the right, but are not obligated to, deny access to any of the Services without prior notice if we are unable to confirm a person's authority to access the Services or if we believe such action is necessary for security reasons.
Security. You understand the importance of your role in preventing misuse of your Accounts and you agree to examine your paper or electronic statement for each of your Accounts as soon as you receive it and notify us of any errors, in accordance with your deposit agreement. You agree to protect the confidentiality of your Accounts and Account number, user identification and passwords. You agree to notify us immediately if you believe an Account, Account number, user identification or password has been lost, stolen, used without your permission, or otherwise compromised. Call us immediately at our Call Center at the number in the contact information section of this Agreement. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR ACCOUNT NUMBER, USER IDENTIFICATION AND PASSWORDS.
Prohibited Use of Services. You agree not to attempt to circumvent the security features of the Services or the System or make any improper or unauthorized transfer of funds from Accounts via the Services or the System. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the System and the Services as well as accessing or using the System or the Services in any other unauthorized manner.
You are prohibited from using the Services:
1. For any activity that would result in your being or becoming a “money services business” as defined in the Bank Secrecy Act and its implementing regulations;
2. For any activity directly or indirectly related to the use of the Services that is fraudulent or is illegal under any federal, state, or other, law, rule, or regulation; or
3. To knowingly accept restricted transactions in connection with another person or entity in unlawful Internet gambling, as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling).
Deposit of Original Checks . You agree that you will not deposit the original Check, a duplicate Check image, or any copy of the original Check or Check image with us unless we instruct you to do so, or under any circumstances with any other financial institution. After you receive the “Deposit Accepted” message, write “Mobile Deposit” on the Check back. The risk of loss associated with the accidental inclusion of a physical Check in the Check collection process or with a lost, destroyed, stolen or misplaced Check shall be yours alone.
Check Retention Period . You shall ensure that the original Checks are not accessed by unauthorized persons at any time. You agree that you will preserve the originals of all Checks processed through the Services for fifteen (15) calendar days after the day of deposit (“Retention Period”). The risk of loss due to the unavailability of the original or copy of a Check for any reason, during the Retention Period, shall be yours alone. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original Checks.
Destruction of Original Checks. After the required Retention Period has expired, you agree to destroy and dispose of the original Checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures, so that the original Checks are no longer readable or capable of being reconstructed (e.g., through the use of adequate shredding equipment).
Your Representations and Warranties . You represent and warrant that: all Checks transmitted through the use of the Services are made payable to you, all signatures and endorsements on each Check are authentic and authorized, and each Check has not been altered.
You further warrant that:
a. you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the Check or that otherwise may prevent us or another financial institution from capturing or processing such information; and
b. you make all warranties that would otherwise apply to the Check if it had been a paper item deposited with us; and
c. you make all encoding, transfer, presentment and other warranties that we are deemed to provide to others as a reconverting bank; and
d. the original Check, duplicate Check image, or any copy of the original Check or Check image will not be presented, transferred or returned such that we or any other person (such as the drawer of the Check) will be requested to make payment on a Check or Image Item more than once; and
e. you will not present any prohibited Checks; and
f. you will not transmit any Check if you are aware of any facts or circumstances that may impair the collectability of that Check; and
g. all information you provide to us is accurate and true; and
h. each Image Item is an accurate and legible representation of all information on the front and back of the original Check at the time the original Check was converted to an Image Item, and the Image Item contains all endorsements from the original Check necessary to permit First Bank to acquire rights of a holder in due course in the collection process of Checks and other items and to ensure that neither First Bank nor any other financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for a Check or Image Item more than once in any form; and
i. each Image Item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a Check) information required for a substitute Check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by the Check 21 Act and Regulation CC for the creation and/or transferring of a substitute Check created from that Image Item.
Checks Eligible for Deposit: Mobile Deposit can accept most domestic checks, including payroll, personal or business checks. Checks must be made payable to you, drawn on a U.S Financial Institution, and must meet eligibility requirements.
Prohibited Checks. You agree that Checks scanned through the use of the Services will not:
1. Be payable to any person or entity other than you;
2. Be prohibited by, or received in violation of any federal, state, or other, law, rule, or regulation,;
3. Be known or suspected (or should have been known or suspected) to be fraudulent or otherwise unauthorized by the owner of the account on which the Check is drawn;
4. Have previously been cashed or deposited;
5. Be postdated or more than six (6) months old;
6. Be payable to cash;
7. Be drawn on financial institutions that are located outside the United States or payable in a foreign currency
8. Be remotely created Checks (i.e., Checks lacking the original signature of the drawer);
9. Be substitute Checks (i.e., Checks created from an electronic image);
10. Be irregular in any way (e.g., where the numerical and written amounts are different);
11. Be Checks that have previously been returned unpaid for any reason;
12. Exceed the transaction limitation(s) we establish from time to time;
13. Be Checks prohibited by our current procedures relating to the Services or which are otherwise not acceptable under the terms of your deposit agreement.
14. Be Checks payable jointly, unless deposited into an account in the name of all payees.
15. Be Checks that are sight drafts.
If we process any of the Checks described above, we shall not be obligated to process additional Prohibited Checks and we may stop doing so without cause or prior notice.
Endorsement of Checks and Procedures. You agree to restrictively endorse any Check with the signature of all payees and designate the Check as “For Mobile Deposit Only at First Bank”, your signature and your account number (and business name if applicable) or as we instruct you.
Image Quality . Once an Image Item is captured, the System will display a copy of the captured Check for your review. Before transmission, you must inspect and verify the quality of the images associated with Image Items to ensure that the digitized images of the front and back of original Checks are legible for all posting and clearing purposes by First Bank. If all of the information on the front of the original Check is not clear on the copy, use the button to take another copy and verify the quality of the images on the second copy.
Processing. The manner in which any Check transmitted through the Services is cleared, presented for payment, and collected shall be within our sole discretion, subject to your Deposit Account Agreement.
Checks deposited using Mobile Remote Deposit Capture are subject to our verification and final inspection process. We reserve the right, but are not required, to inspect or verify any Image Item to determine accuracy, legibility or quality of the Image Item or MICR line information associated with the Image Item, or for any other purpose. If we inspect an Image Item, we have the right to adjust your deposit after you have submitted it for processing. Adjustments may correct mistakes in the value of Image Items deposited, mistakes in encoding, or illegible Image Items. We may also correct or amend MICR line information associated with an Image Item to facilitate processing of the Image Item or a substitute Check created from that Image Item. We may refuse to process any non-conforming Image Items without notice, including without limitation any Image Items that are not Checks. You will receive an email notification when your deposit has been submitted and processed. The processed email will indicate if your deposit was approved, approved with an adjustment, or declined. If declined, the reason will be provided.
You will promptly provide any retained Check, or a sufficient copy of the front and back of the retained Check, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any Check or Check image, or for our audit purposes. If you fail to do so, you agree to request a new Check for deposit from the Check’s originator. If you fail to provide the retained Check or a sufficient copy and cannot obtain a new Check from the originator, you agree that we are authorized to debit your account for the amount of the Check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained Check or replacement Check in response to our request.
We reserve the right to process Image Items on a collection basis at any time.
Any credit for a deposit made to your Account by using Mobile Remote Deposit Capture is provisional. If a Check deposited through Mobile Remote Deposit Capture is dishonored, rejected, or otherwise returned as unpaid for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original Check will not be returned to you, but that we either return to you the Image Item, a paper reproduction of the original Check or a substitute Check (as defined in Regulation CC and the Check 21 Act), in our sole discretion, or re-present it to the payor financial institution before returning it to you. You shall not attempt to deposit or otherwise negotiate an original Check without our prior approval if it has been charged back to you.
Fees. As of the effective date of this Agreement, there are no fees for your use of the Services.
However, we may determine to charge or change fees at any time in our discretion. With regard to Consumer Mobile Remote Deposit Capture fees, we will notify you at least 30 days before we impose or increase Mobile Remote Deposit Capture fees. Continued use of the Services after we provide notice of the imposition of, or change in, fee amounts indicates your acceptance of the new fee amounts. DAA
You understand and agree that you are solely responsible for any Internet, cellular, data download or other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.
Confidentiality. You acknowledge that we will disclose information to third parties about your Account or the Image Items you deposit:
Cooperation with Investigations . You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost to us, any originals or copies of Checks deposited through the Services that are in your possession and your records relating to such Checks and transmissions.
Disclaimer of Warranty and Limitation of Liability . YOU AGREE THAT YOUR USE OF THE SERVICES 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. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY SERVICES OR TECHNOLOGY WILL BE CORRECTED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT AND OR BY REASON OF YOUR USE OF OR ACCESS TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE FROM WRONGFUL DISHONOR.
First Bank shall be responsible only for performing the Services expressly provided for in this Agreement and shall be liable only for its gross negligence or wilful misconduct in performing those Services. First Bank shall not be responsible for your acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any other person, financial institution or entity, including, without limitation, any Federal Reserve Financial Institution or transmission or communications facility, and no such person or entity shall be deemed First Bank’s agent.
Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, First Bank shall be excused from failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond First Bank's control. In addition, First Bank shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in First Bank violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States governmental regulatory authority.
Your Indemnity and Liability . You agree to be liable to First Bank and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the Services or the System by you or your authorized users. You agree to indemnify First Bank, its parent company and its affiliates and each of their respective directors, officers, employees, and agents from and against any claims, damages, loss liability, or expense (including attorney's fees and expense) (“Losses and Liabilities”) resulting from, or arising out of, any claim of any person or entity that First Bank is responsible for any of your acts or omissions, or that of any other person or entity described in this Agreement, including but not limited to:
1. any negligent or intentional act or omission by you in the performance of your obligations under this Agreement, including, but not limited to, (i) duplicate scanning of the same original Check, (ii) fraudulent or unauthorized use of your hardware or Account number, user identification or password;
2. any material breach in a representation, warranty, covenant, or obligation of yours contained in this Agreement;
3. the violation of any applicable law, statute, or regulation in the performance of your obligations under this Agreement;
4. our acting as a "reconverting bank" under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using Check or an illegible Check;
5. any loss or expense caused by any person with the apparent authority to access the Services;
6. our presenting to the paying bank an electronic item for payment; and
7. your failure to (i) securely maintain your hardware or the original Checks, or (ii) properly and timely dispose of original Checks in accordance with this Agreement, in which event such Losses and Liabilities shall include without limitation consequential damage for checks we do not receive or images that are dropped during transmission.
Governing Law . This Agreement shall be construed in accordance with the law of the state in which our office that maintains your primary deposit account is located and the laws of the United States of America. We and you agree that jurisdiction over, and venue in, any legal proceeding arising out of or relating to this Agreement will exclusively be in the state or federal courts located in such state.
Suspension of Services . We may immediately suspend the Services or the System or the processing of any Check or corresponding Image Item without notice if you are no longer eligible for the Services, if we have reason to believe that there has been a breach in the security of the Services or System, fraud involving your Account(s) or Check(s), or if we have any uncertainty as to the authorization or accuracy of Image Items.
Notices. You and we may provide notices as stated in the eBanking User Agreement.
Termination of Mobile Remote Deposit Capture . You may cancel Mobile Remote Deposit Capture at any time. We reserve the right to terminate Mobile Remote Deposit Capture immediately and without notice (1) in the event of improper use of such Service, or (2) if all of your eligible accounts have been closed for ninety (90) or more days. We may also terminate this Agreement with or without cause by providing written notice of such termination to you. Any termination of this Agreement shall not affect any of the Bank's rights and your obligations with respect to Services utilized by you, or your payment obligations with respect to Services performed by us, or any other obligations that survive termination of this Agreement. Termination of this Agreement will not affect or terminate other agreements governing your Accounts with the Bank.
To cancel Mobile Remote Deposit, use View Messages in Customer Service or send us written notification, with your signature, to:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
Such termination shall only be effective after we have had a reasonable amount of time to act upon the request or the written notice of such termination or such later date as is specified in that notice.
Upon termination we shall have the right to hold and use funds in any of your Accounts for such time as we reasonably determine to be necessary for us to be assured that no Image Item processed by us prior to termination may be returned, charged back, or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which First Bank may be responsible.
Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, the remaining provisions shall remain in full force and effect.
Modification. First Bank reserves the right to change the terms for the Services described in this Agreement by notifying you of such change and we may amend, modify, add to, or delete from this Agreement from time to time. Your continued use of the Services will indicate your acceptance of the revised agreement.
Survival. All rights and obligations of the parties under this Agreement that, by their nature, do not terminate with the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement, including, but not limited to: “Deposit of Original Checks”, “Check Retention Period”, “Destruction of Original Checks”, “Your Representations and Warranties”, “Processing”, “Returned Deposits”, “Fees”, “Confidentiality”, “Cooperation With Investigations”, “Disclaimer of Warranty and Limitation of Liability”, “Your Indemnity and Liability”, “Governing Law”, “Suspension of Services”, “Notices”, “Termination of Mobile Remote Deposit Capture”, “Severability”, “Modification” and “Survival”.
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.