Terms & Conditions

Online Banking Disclosures, Terms, and Access Agreement

All you need is access to the Internet using one of the following browsers: Microsoft Internet Explorer 11.0, Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari 7.0 or higher (the latest versions are highly recommended for your greatest security, and older browser support may be discontinued at any time). Browsers must support at least a 128-bit Secure Sockets layer (SSL) encryption protocol.

The following information is provided in addition to your Depository Agreement, Electronic Funds Transfer Disclosure Statement, Funds Availability Policy, and your Truth in Savings Disclosures. All of these agreements were received by you when you opened your account and notice is given when they have are revised. You agree these remain in effect and are binding on all online transactions. You should print and keep a copy of this agreement for future reference. This Agreement shall be governed by and construed in accordance with the laws of the State Oklahoma, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law

Privacy and Confidentiality

The Bank of The West is strongly committed to protecting your security and confidentiality. Our Privacy Policy is located at https://www.thebankofthewest/Privacy-Policy.aspx. To ensure the privacy of your account information while you are online, you are only able to access your account with high security browsers. You must also provide both your user ID and your password. If no action is taken within 15 minutes, you will be automatically logged off Online Banking.

Virus Protection

You agree that The Bank of The West is not responsible for any electronic virus that you may encounter using Online Banking. Routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found.
New Services From time to time, The Bank of The West plans to expand the services we offer our Online Banking customers. When such services become available, we will update applicable agreements and notify you of the new service. By using Online Banking after the new services are available, you agree to be bound by the terms contained in the revised agreements.

Authorization To Charge Accounts

You are responsible for all transfers you or your authorized representative make using Online Banking. You authorize us to debit your designated accounts(s) for any transactions completed with Online Banking. You agree that we may comply with transfer instructions entered by any one person using an authorized Access Code and Password, regardless of the restrictions placed at the account level, i.e., two signatures required or minor no withdrawal, etc. If you permit another person to use Online Banking or give them your Access Code and Password, you are responsible for transfers or advances made from the deposit and loan accounts linked to your online applications even if that person exceeds your authorization.

Availability

Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.

Insufficient Funds to Complete Transfer

If your account does not have sufficient funds to complete a transfer, the transfer will not be completed.

Restrictions on Transfers from Savings and Money Market Accounts

Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may not make more than six transfers or withdrawals out of a money market account per statement cycle or a savings account per calendar month (not counting transactions made from a savings account in-person at one of our branch locations). Transfers made by telephone, personal computer via online banking, or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted transfers or withdrawals. If you exceed the restrictions, after you have been given proper notice, we will have to change the savings or money market account to a NOW account where possible, or a non interest bearing account.

Correcting or Canceling Your Transfer

You cannot cancel your express transfer after it has been entered into the Online Banking System and the information has been transmitted to us. You may cancel a scheduled transfer up to 3 days before the transfer date. You can correct information concerning a transfer before you send the information, and you can use Online Banking to reverse a transaction after it has been made.

Documentation and Verification of Transfers

The date and amount of transfers made through Online Banking will be shown on your printed statements for the accounts involved in the transaction.

eStatement Electronic Statements

You may receive your periodic account statements as electronic statements online instead of receiving paper statements through the mail. If you elect to receive eStatements, we will discontinue your paper statements and we will email you notification when your statement is available. There is no cost to sign up for or receive eStatements, and you can cancel at any time simply by writing to us and asking to resume paper statements on one or all of your accounts. To sign up for eStatements, it's as easy as following the directions provided to you when you log on to online banking. If you wish to continue to receive paper statements, you only need to click "decline" when prompted by the website. You can view up to the past 12 months of account statements from within online banking by clicking the "Documents" tab while viewing any account. For more information regarding eStatements, please contact your local branch office of The Bank of The West.

Mobile Banking and Mobile Capture

The Bank of The West now offers Mobile Banking and Mobile Capture Services. You must sign up for and maintain an online banking account in order to sign up for an use mobile banking. See the Mobile Banking Agreement for more information.

Card Valet

Card Valet gives you the ability to have more control over where your The Bank of The West Debit Card is used, and to receive alerts when a transaction is authorized. You even have the ability to “turn off” the card completely when you are not using it. Please see the Card Valet agreement for more information.

Telephone Number for Notification of Unauthorized Use

If you believe your Access Code and/or password have become known by an unauthorized person or that someone has transferred money without your permission, call The Bank of The West at: (580) 661-3541, during regular business hours, as soon as possible.

Fees

The Bank of The West does not currently charge a fee for setting up, maintaining or using our Online Banking service. It is provided to you free of charge and we will gladly answer your questions or concerns.

Termination or Discontinuation

In the event you wish to discontinue using The Bank of The West’s Online Banking, please contact The Bank of The West in writing at PO Box 160, Thomas, OK. 73669. We may at any time, for any reason, terminate your Online Banking service. If you do not use your Online Banking access for 60 days, your access will be discontinued until you contact us.

The Bank of The West Mobile Banking Terms and Conditions

Thank you for using The Bank of The West Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 99588. To cancel, text "STOP" to 99588 at anytime. In case of questions please contact customer service at 580-661-3541 or visit www.thebankofthewest.com

The Bank of The West Privacy Policy

https://www.thebankofthewest.com/Privacy-Policy.aspx  

Terms and Conditions

Program: The Bank of The West offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over 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 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 & Data rates may apply. Customers will be allowed to opt out of this program at any time. • Questions: You can contact us at 580-661-3541, or send a text message with the word "HELP" to this number: 99588. We can answer any questions you have about the program.

To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS. Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of The Bank of The West or any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, The Bank of The West and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). The Bank of The West 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 Mobile Banking, perform analytics to improve the service, 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. The Bank of The West and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the 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 Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and 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 Mobile Banking or the Software to transmit or disseminate: (i) 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; (ii) 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; (iii) material or data, that is illegal, or material or data, as determined by The Bank of The West (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 The Bank of The West or any third-party service provider involved in the provision of Mobile Banking; (iv) 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; (v) 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; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose The Bank of The West, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software. Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

Touch ID™ for Mobile Banking

Touch ID is an optional fingerprint sign-in method for The Bank of The West Mobile Banking that is currently available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only and The Bank of The West never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within The Bank of The West Mobile Banking. The Bank of The West reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within The Bank of The West Mobile Banking. Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for The Bank of The West Mobile Banking is only available on compatible iOS devices.

Card Controls Additional Terms

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

  1. The Card Controls feature is only available for debit cards issued by The Bank of The West that you register within the Mobile Banking App.
  2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact The Bank of The West to discontinue the alerts and controls.
  3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
  4. Card Controls may enable access to The Bank of The West and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
  5. To the extent this Mobile Banking App allows you to access third party services, The Bank of The West, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
  6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
  7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

Alerts Additional Terms

The following Alerts terms and conditions (“Alerts Terms of Use”) only apply to the Alerts feature (as defined below). If Alerts are not available to you, then this Alerts Terms of Use does not apply. To the extent there is any conflict between the terms of the Agreement and this Alerts Terms of Use with respect to Alerts, then the terms in this Alerts Terms of Use shall apply. Alerts. Your enrollment in The Bank of The West Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your The Bank of The West account(s). Alerts are provided within the following categories:

Methods of Delivery

We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your The Bank of The West Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number. Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in The Bank of The West Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 580-661-3541. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS. Limitations. The Bank of The West provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside The Bank of The West’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold The Bank of The West, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

https://www.thebankofthewest.com/Privacy-Policy.aspx

Privacy and User Information – Data Analytics

You acknowledge that in connection with your use of Mobile Banking, The Bank of The West and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. The Bank of The West 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 Mobile Banking, perform analytics to improve the service, 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.

Mobile Deposit Terms and Conditions

These Mobile Deposit Terms and Conditions between Customer and The Bank of The West (“Bank”) contain the terms and conditions governing the use of the mobile banking and mobile deposit capture service Bank may provide to Customer. This agreement works in conjunction with other agreements that have been entered into with Bank including, as applicable, the online banking agreement, deposit account agreement, mobile banking agreement, and/or the bill pay agreement remain in effect, except where superseded by this agreement. All agreements with The Bank of The West shall be governed by the laws of the State of Oklahoma, except where superseded by Federal Law.

  1. Services. The mobile banking and mobile deposit services (“Services”) are designed to allow Customer to view activity, transfer money, pay bills via online bill pay and make deposits into specified accounts that are eligible to receive mobile check deposits (“Mobile Accounts”), by converting checks into an image by taking pictures of checks and delivering the images and associated deposit information to Bank via the Bank’s Mobile App (“The App”) installed on your supported mobile device. The App is considered part of the Service. Mobile Deposit Service is made available to customer at the sole discretion of Bank and may not be available to all customers.
  2. Acceptance of these Terms. Customer’s use of the Services constitutes acceptance of this Agreement. This Agreement is subject to change from time to time. Bank will notify Customer of any material change via one or more of the following methods: (i) an alert when Customer signs into Service, (ii) e-mail, (iii) text message, or (iv) on Bank’s website by providing a link to the revised Agreement or by an online secure message. Customer’s continued use of the Services will indicate consent to be bound by the revised Agreement. Further, Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the Services at any time. Customer’s continued use of the Services will indicate acceptance of any such changes to the Services.
  3. Equipment/Data Service. To use the Service, Customer must obtain and maintain, at Customer’s expense, a supported mobile device with compatible hardware and software as specified by Bank from time to time and suitable data service. Bank does not guarantee that a particular mobile device, mobile device camera, mobile device operating system, mobile carrier, or data service will be compatible with the Service. Bank is not responsible for any third party software Customer may need to use the Services. Any such software is accepted by Customer as is and is subject to the terms and conditions of the software agreement entered into directly with the third party software provider at time of download and installation.
  4. Limitations. When using the Service, Customer may experience technical or other difficulties. Bank does not assume responsibility for any such difficulty or any resulting damages that Customer may incur. For security reasons, the Service has qualification requirements, and Bank reserves the right to change the qualifications at any time without prior notice. Bank reserves the right to change, suspend or discontinue the Service, in whole or in part, or Customer’s use of the Service, in whole or in part, immediately and at any time without prior notice to Customer. Bank reserves the right to limit the number of Mobile Devices through which Customer may access the Service. Except as expressly provided in this Agreement, deposits made through the Service are subject to all limitations and terms set forth in the relevant deposit agreement governing your Mobile Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.
  5. Eligible Checks and Items. Customer agrees to scan and deposit only “checks” as the term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Agreement or such other items as the Bank, in our sole discretion, elect to include under the Service.
    Customer authorizes Bank to process any image that Customer sends to Bank or converts any image to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code. Customer agrees that the Service will not be used to scan and deposit any checks or other items as shown below:
    • Checks or items payable to any person or entity other than Customer, or to Customer and another party;
    • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;
    • Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which Customer knows or suspects, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
    • Checks or items previously converted to a substitute check, as defined in Reg CC;
    • Checks or items drawn on a Bank located outside the United States;
    • Checks or items that are remotely created checks, as defined in Reg CC, and checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution;
    • Checks or items not payable in United States currency;
    • Checks or items dated more than 6 months prior to the date of deposit;
    • Checks dated more than 3 days into the future;
    • Checks or items on which the customer knows or suspects that a stop payment order has been issued or for which there are insufficient funds;
    • Checks or items prohibited by Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Mobile Account;
    • Checks with any endorsement on the back other than that specified in this Agreement;
    • Money orders;
    • Traveler’s Checks;
    • Insurance drafts;
    • Credit card cash advance checks;
    • Savings bonds
      Nothing in this Agreement should be construed as requiring Bank to accept any check or item for deposit, even if Bank has accepted that type of check or item previously. Nor shall Bank be required to identify or reject any checks or items that Customer may scan and deposit that fail to meet the requirements of this Agreement.
  6. Security of the Mobile Device and Account Information. Customer is responsible for: (i) maintaining the confidentiality and security of your Mobile Device(s), access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by Customer to access the Service (collectively, “Access Information”); and (ii) preventing unauthorized access to or use of the information, files or data that Customer stores, transmits or uses in or with the Service (collectively “Account Information”). Customer agrees not to supply the Access Information to anyone. Customer will be responsible for all electronic communications, including image transmissions, email and other data (“Communications”) entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by Customer. Customer agrees to immediately notify Bank upon becoming aware of any loss, theft or unauthorized use of any Access Information, including Customer’s mobile device. Bank reserves the right to deny access to the Service (or any part thereof) if Bank believes that any loss, theft or unauthorized use of Access Information has occurred.
  7. Image Quality. Customer is responsible for the image quality of any check or item that is transmitted. The image of a check or item transmitted to Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by any clearing house used by Bank, the agreement Bank has with respect to processing checks or items, or any higher standard set by Bank. Customer agrees that Bank shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information Customer supplied regarding the check or item.
  8. Endorsements and Procedures. After transmission, it is recommended that Customer marks “deposited – mobile” across the front of the check. Customer agrees to follow any and all other procedures and instructions for use of the Service as Bank may establish from time to time. Customer agrees to supply any information in their possession that Bank requests regarding a check or item deposited or attempted to be deposited through the Service.
  9. Receipt of Checks and Items. Bank reserves the right to reject any check or item transmitted through the Service, at Bank’s discretion, without liability to Customer. Bank is not responsible for checks or items Bank did not receive in accordance with this Agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when Customer receives a confirmation from Bank that the image has been received. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item. Items submitted and received through mobile capture will not be processed until they have passed automatic or manual review processes as determined necessary by the bank.
  10. Availability of Funds. Customer agrees that the items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Customer also agrees that the items are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E. In general, if an image of an item you transmit through the Service is received and accepted before our cut-off time for the Services, Bank considers that business day to be the day of your deposit. Otherwise, Bank will consider that the deposit was made on the next business day. The cut-off time for the Services are disclosed to Customer at the time an image is transmitted through the Service. Bank will make funds available for checks and items received, accepted, and successfully processed through the Service according to our standard funds availability policy.
  11. Disposal of Transmitted Checks and Items. Upon Customer’s receipt of confirmation from Bank that the image that was transmitted has been received, Customer agrees to retain the check for 14 business days from the date of the image transmission. After 14 days, Customer agrees to destroy the check that was transmitted as an image, mark it “VOID” on the front of the check, or otherwise render it incapable of further transmission, deposit or presentment. During the time the check is available, Customer agrees to promptly provide it to Bank upon request.
  12. Deposit Limits. Bank reserves the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by Bank) that Customer transmits using the Service and to modify such limits from time to time. If Customer attempts to initiate a deposit in excess of these limits, Bank may reject the deposit. If Bank permits Customer to make a deposit in excess of these limits, such deposit will be subject to the terms of this Agreement and Bank will not be obligated to allow such a deposit at other times.
  13. Presentment. The manner in which the checks and items are cleared or presented for payment, and collected shall be in Bank’s sole discretion as set forth in the relevant deposit account agreement governing your Mobile Account.
  14. Representations and Warranties; Indemnity. Customer warrants to Bank that:
    1. Customer will not alter any checks or items;
    2. Customer will destroy all original checks as stated above;
    3. Customer will only transmit eligible items;
    4. Customer will not transmit duplicate items;
    5. Customer will not deposit, re-deposit or re-present the original check with Bank or any other party;
    6. Customer will comply with this Agreement and all applicable rules, laws and regulations;
    7. Customer is not aware of any factor which may impair the collectability of the item(s);
    8. Customer agrees to indemnify and hold harmless Bank from and against all liability, damage and loss arising from any loss for breach of this warranty provision or the terms of this Agreement by Customer;
    9. Customer agrees to indemnify and hold harmless Bank 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 or item processed under this Agreement as described herein.
  15. Changes to the Service. Bank reserves the right to terminate, modify, add or remove features from the Service at any time in Bank’s sole discretion. Customer may reject changes by discontinuing use of the Service. Customer’s continued use of the Service will constitute acceptance of and agreement to such changes. Maintenance to the Service may be performed from time to time resulting in interrupted service, delays, or errors in the Service, and Bank shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but Bank cannot guarantee that such notice will be provided.
  16. Use of Your Geolocation. When Customer is submitting an image for processing through the Services, Bank reserves the right to, at our discretion, use the Customer’s Mobile Device’s capabilities to obtain a geolocation for fraud prevention services. Bank may choose to capture either Customer’s current location or the last location stored on the Mobile Device.
  17. Fees. Customer is responsible for paying the fees for use of the Services as Bank may charge from time to time. Bank may change the fees for the Services at any time. Customer authorizes Bank to deduct any such fees from any account in Customer’s name. In addition, data charges from Customer’s mobile carrier may apply.
  18. Termination. Bank may terminate this Agreement at any time for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by Bank. Without limiting the foregoing, this Agreement may be terminated if Customer breaches any term of this Agreement, if Customer uses the Service for any unauthorized or illegal purposes, or Customer uses the Service in a manner inconsistent with the terms of any agreement Customer entered into with Bank.
  19. DISCLAIMER OF WARRANTIES. CUSTOMER AGREES USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT CUSTOMER’S RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANK DISCLAIMS 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. BANK MAKES NO WARRANTY THAT THE SERVICES: (1) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  20. LIMITATION OF LIABILITY. CUSTOMER AGREES THAT BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY CUSTOMER OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
  21. LEGAL COMPLIANCE AND EXPORT RESTRICTIONS (a) You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge that the Service and Application may be subject to other U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable US and foreign laws that apply to us as well as end-user, end-use, and destination restrictions imposed by U.S. and foreign governments.
  22. NOTICES/CONTACT INFORMATION (a) All communication with us should specify your name and Account information. Our contact information is as follows: The Bank of The West, Attn: Mobile Support, PO Box 160, Thomas, OK 73669. All notices from you must be made in writing. Legal notice to us shall be effective when directed to our Legal Department and received at our address.

 

CardValet Agreement and Terms of Use

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE FINANCIAL INSTITUTION THAT ISSUED YOU THE PAYMENT CARD THAT YOU REGISTER WITHIN THIS APPLICATION (“Financial Institution”), stating the terms and conditions that govern your use of the CardValet mobile application (the “App”) and the associated CardValet services (the “Services”). This agreement, together with all updates, additional terms, software licenses, the Privacy Policy and all of Financial Institution’s related rules and policies, collectively constitute the "Agreement" between you and Financial Institution. By downloading or using the App, you are indicating that you agree to the Agreement. If you do not agree to these terms, do not download or use the App. You must accept and abide by these terms as presented to you -- changes, additions, or deletions are not acceptable, and Financial Institution may refuse access to the App or the Services for noncompliance with any part of this Agreement.

You may owe fees for use of the App or the Services. Check with Financial Institution for applicable rates.

The alerts and controls you set through use of the App or the Services may continue to apply, and you may continue to be charged for them, even if you delete the App or remove it from your mobile device. Please contact Financial Institution to discontinue the alerts and controls.

Certain functionality within the App and the Services may not be available for all transactions. Controls and alerts based on the location of the mobile device where the App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of actual location of the merchant differs from the merchant’s registered address.
Financial Institution may amend this Agreement at any time by posting a revised version here or on a website of the Financial Institution. You may be required to affirmatively accept the revised Agreement in order to continue using the Services or the App. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the App or the Services after a notice of change or after the posting of a revised version of this Agreement will constitute your agreement to such changes and revised version. Further, Financial Institution may, from time to time, revise, update, upgrade or enhance the App, the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the App, the Service, and/or related applications and material, and limit access to only the App or the Service’s more recent revisions, updates, upgrades or enhancements.

The App is licensed, not sold, to you for use only under the terms of this Agreement. All rights not expressly granted to you are reserved.

This license granted to you for the App is non-transferable and non-exclusive. You may only use the App on an approved mobile device that you own. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You are not permitted to transfer the App in any form. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, or any updates or parts of updates thereto, except with respect to any open source elements included with this App. If you breach these restrictions, you may be subject to prosecution and the award of damages. The terms of this Agreement will also govern any upgrades or modifications that replace or supplement the version of the App you downloaded originally, unless such upgrade is accompanied by a separate agreement, in which case the terms of that agreement will govern.

By using the App, you acknowledge and accept that Financial Institution may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Financial Institution may use this information to improve its products or to provide services or technologies to you. You also understand that full use of this App requires you to have an account with Financial Institution and that personally identifiable information may be collected by Financial Institution in conjunction with your transactions, consistent with federal law and the Financial Institution privacy policy.

The license is effective until terminated by Financial Institution, which it may do at any time, with or without notice. Once this license is terminated, you will no longer be entitled to use the App, and you shall then cease all use of the App and destroy any legally made copies or portions thereof, of the Licensed Application.

The App may enable access to Financial Institution and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.

To the extent this App allows you to access third party services, Financial Institution, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will Financial Institution be liable for the removal of or disabling of access to any such services. Financial Institution may also impose limits on the use of or access to certain services, in any case and without notice or liability.

THE APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, FINANCIAL INSTITUTION DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND FINANCIAL INSTITUTION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL FINANCIAL INSTITUTION OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL FINANCIAL INSTITUTION OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL FINANCIAL INSTITUTIONS OR ITS AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. FINANCIAL INSTITUTION’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

You may not transfer or assign any rights or obligations you have under this Agreement without Financial Institution’s prior written consent, which it may withhold in its sole discretion. Financial Institution reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. Financial Institution may also assign or delegate certain of its rights and responsibilities under this Agreement to affiliates, independent contractors or other third parties.

If Financial Institution has reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, it may: terminate, suspend or limit your access to or use of the App or the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as it deems appropriate; refuse to provide the Services to you in the future; and/or take legal action against you. In addition, Financial Institution, in its sole discretion, reserves the right to terminate this Agreement, and access to or use of the Services for any reason or no reason and at any time. These remedies are cumulative and are in addition to the other rights and remedies available to Financial Institution under this Agreement, by law or otherwise.

In the event of a dispute regarding the App or the Services, you agree that it will be resolved by looking to this Agreement. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or another established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties, and it may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of laws provisions of Georgia or any other state. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated in compliance with this Agreement) must be resolved by a court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement.

You shall indemnify and hold harmless Financial Institution and its affiliates and their licensors, contractors, and business partners and their affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of your breach of this Agreement or your use of the App or the Services. You hereby release Financial Institution and its affiliates and their licensors, contractors, and business partners, and their affiliates, and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you and one or more other users of the App or the Services. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

Financial Institution shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on Financial Institution’s part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Financial Institutions with respect to the subject matter covered herein, sets forth the entire understanding between Financial Institution and you with respect to the App, the Services, and the website through which the App or the Services are offered, and supersedes any proposal or prior agreement, oral or written, and any other communications between you and Financial Institution. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Any terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

Notices to You

You agree that Financial Institution may provide notices to you by posting it on a website associated with the Financial Institution or the App or the Services, by sending you an in-product message within the Service or through the App, emailing it to an email address that you have provided previously, mailing it to any postal address that you have provided, or by sending it as a text message to any mobile phone number that you have provided, including but not limited to the mobile phone number that you have listed in your Services setup or customer profile. For example, users of the Service may receive certain notices as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Financial Institution in writing. Financial Institution reserves the right to charge you a reasonable fee to respond to each such request. Financial Institution reserves the right to terminate your use of the Services if you withdraw your consent to receive electronic communications. By providing Financial Institutions with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and text messages from Financial Institution or our third-party business partners at that number, and emails for everyday business purposes (including identity verification). You further consent to receiving text messages at that number, and emails for marketing purposes. Please review our Privacy Policy for more information.

 

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