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BUSINESS MOBILE BANKING DISCLOSURE
This is an addendum to the Business Online Banking Agreement and sets forth the additional terms and conditions for use of Business Mobile Banking offered through FirstBank (“we”, “our”, “us”) by the member (“you”, “your” or “user”). Except where modified by this Addendum, the terms and conditions of the Online Banking Agreement remain in effect. If there is a conflict between the Business Online Banking Agreement and this Addendum, the terms in this Addendum will govern your use of the Mobile Banking Services.
A. Accepting this Addendum
By clicking “I Accept” when you enroll in Business Mobile Banking, you agree to the terms and conditions of this Addendum.
B. Description of Services
Business Mobile Banking is offered as a convenience and supplemental service to our Business Online Banking services. It is not intended to replace access to Business Online Banking from your personal computer or other methods you use for managing your accounts. To utilize the Business Mobile Banking Service, you must first be enrolled in Business Online Banking. We reserve the right to limit the types and number of accounts that are accessed through Business Mobile Banking, and we may refuse to make any transaction that you request through Business Mobile Banking. We also reserve the right to modify the scope of this Service at any time. Business Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all mobile access devices or network carriers. FirstBank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues. Additionally, your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details regarding fees.
Available Business Mobile Banking Services: The Commercial Mobile Banking service may be used to view your account balance, approve ACH, Wire transfers, positive pay decisions and issue files, create account to account transfers, create repetitive wires, create a loan payment, pay a loan invoice, and create a loan advance upon approval. You must have enough available money in any account from which you instruct us to conduct any transactions. Transactions are processed on business days only, which are Monday – Friday. Saturdays, Sundays and federal holidays are not considered a business day.
- You shall not allow the Business Mobile Banking to be accessed or used by any person or entity that you do not authorize.
- You shall not allow the Business Mobile Banking to be used or accessed, and shall not authorize any person or entity to use or access the Business Mobile Banking, on any computer not owned by you or under your exclusive control.
- You shall use, and shall allow the use of, the Business Mobile Banking for your personal purposes only; you shall not rent, lease or loan the Business Mobile Banking.
- You shall not, nor shall it allow any other party to, decompile, disassemble or reverse engineer the Business Mobile Banking or any part thereof, or attempt to do the foregoing.
- You shall not, nor shall you allow any other party to, inspect the functionality or derive a “source code” format version of the Business Mobile Banking, or to enhance, modify or prepare derivative works of the Business Mobile Banking, or attempt to do the foregoing.
D. Relationship to Other Agreements and Fees
You agree that when you use Business Mobile Banking, you will remain subject to the terms and conditions of all your agreements with us, our affiliates, and/or any unaffiliated service providers, including, but not limited to, your mobile service provider (e.g., Verizon, T-Mobile, etc.). You understand that those agreements may include fees, limitations and restrictions which may impact your use of Business Mobile Banking. Your mobile provider may impose data usage or text message charges for your interaction with Business Mobile Banking, and you agree to pay all such fees.
II. CHANGES OR CANCELLATION
You may cancel your participation in Business Mobile Banking by calling us at 800-413-4211. We reserve the right to change or cancel Business Mobile Banking at any time without notice. We may also suspend your access to Business Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Business Mobile Banking services. You agree that we will not be liable to you or any third party for any discontinuance of Business Mobile Banking.
III. IMPORTANT LEGAL NOTIFICATIONS
Limitations: We assume no responsibility should you experience technical, network, or other difficulties while using the Commercial Mobile banking service or any damages as a result of these difficulties. We reserve the right to change, suspend or discontinue the service, in whole or in part, or your use of the service, in whole or in part, immediately and at any time without prior notice to you.
LIABILITY FOR UNAUTHORIZED TRANSFERS: You agree to be unconditionally and without limitation liable for any and all transactions and activities affecting your accounts, whether they are authorized or unauthorized, whether authorized by you or your employees who have been given use of your user identification and password, or by another third party, and whether arising if your user identification and password has been lost or stolen. You agree that any transaction initiated by you or any of your authorized employees using the user identification and password will be assumed to be authorized by you. If you believe that your accounts, user identification, and password have been compromised, you must notify us immediately at the address or telephone number listed above.
YOUR INDEMNFICATION OF US: You agree to indemnify, hold harmless and defend us, our the affiliates, officers, directors, employees, consultants, agents, mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from (1) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (2) your violation of any law or the rights of a third party; (3) your use, or use by a third party, of commercial mobile banking, or your breach of any term of this Agreement.
EXCLUSION OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE BANKING AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER BY US OR ANY OF OUR AFFILIATES, CONSULTANTS, AGENTS, CONTRACTORS AND/OR LICENSORS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, THE BANK ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER THE BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS, CONSULTANTS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH YOUR USE OF COMMERCIAL MOBILE BANKING OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO MOBILE BANKING OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF COMMERCIAL MOBILE BANKING OR ANY OTHER SERVICE, EVEN IF THE BANK OR ANY OF ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS, CONSULTANTS OR THEIR RESPECTIVE EMPLOYEES IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.