This Electronic Banking Agreement (“Agreement”) is between you (the depositor and/or user) and American Bank, N.A. (“Bank”) and contains the terms and conditions governing the use of the Banks electronic banking services. This agreement is in addition to any other agreement you may have with the Bank. Your use of the Bank’s electronic banking services described below shall constitute your agreement with the terms and conditions herein.
The Bank’s digital banking services (the “services”) include access to online banking, mobile banking and all features and functionality included in each. The Bank may introduce and eliminate features to the Services in the Bank’s sole discretion with or without notice to all users.
To use the Services, you must have at least one account at the Bank, access to Internet service, an email address and access to a telephone to receive Secure Access Codes. Some features are device and operating system dependent, and users should understand that the Bank only supports current devices and operating systems for an improved user experience and security.
3. User Access Codes
“User Access Codes” consist of the information used to authenticate users and access the Services. Passwords are required to comply with our security standards and are never shared with the Bank. Passwords should be kept private and changed periodically as a best practice. User Access Codes are in place to authenticate the identity and authority of the person logging in, not to detect errors or detect unauthorized transactions. Remember that the Bank will NEVER ask for your password.
4. Security Procedures and Unauthorized Transactions
By using the Services, you agree to protect the confidentiality of your account information and User Access Codes. You understand the importance of your role in preventing misuse of your accounts. The bank employs a variety of security measures and authentication technologies in a layered approach to security. Notwithstanding our efforts to ensure that the Services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and can be potentially monitored, read and compromised. You agree that the security measures in place are commercially reasonable and understand that the Bank will update security measures as needed and available as the industry evolves.
YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER YOUR USER ACCESS CODES, AND, FOR SUCH ITEMS, SHALL USE SECURITY COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES. YOU FURTHER AGREE THAT EXCEPT WHERE OTHERWISE LIMITED BY STATUTE OR REGULATION, A TRANSACTION IS AUTHORIZED IF INITIATEDBY USE OF A VALID USER ACCESS CODE.
Contact the Bank immediately if you believe your Services have been compromised in any way, including but not limited to if someone has transferred or may transfer money from your account without your permission, if you believe your online statement is incorrect or contains an unauthorized transaction, any applicable notice is lost or if you believe that someone has obtained access to your online statement or applicable notice without your permission.
The Bank will never contact you by email, phone or text requesting your User Access Codes. Unauthorized use of the Services can result in a loss of all funds in your account plus any amount available under overdraft privileges. Unless otherwise subject to the provisions of Regulation E (for consumer clients as further described in your Deposit Account Agreement and Electronic Funds Transfers – Your Consumer Rights and Responsibilities disclosure), you are responsible for all payments, transfers or other transactions you authorize using the Services and/or initiated using a valid User Access Code.
The Bank in its sole discretion may refuse to process an online transaction which appears to be outside your normal banking pattern or involves a suspicious transaction. The Bank shall have the right to refuse to process a transaction with a specially designated national (SDN), identified as such by the U.S. Department of Treasury’s Office of Foreign Asset Control (OFAC) on, among others, its Specially Designated Nationals List. The Bank shall not be liable for any consequential or special damages for either refusing to process a transaction that falls within this section or to the contrary, for processing a transaction that you believe could have been refused.
5. Hours of Access
Services are available 7 days a week and 24 hours a day. Some or all Services may not be available occasionally due to unexpected outages including emergency or scheduled maintenance.
By using funds transfer services, you authorize the Bank to debit your selected account and agree to have sufficient funds available to cover each transfer request. The Bank is not obligated to make any transfer if sufficient funds are not available. Fees for transfers may apply. External funds transfers are final once completed and may not be cancelled or rescinded. Electronic transfer funds may not be immediately available and the Bank reserves the right to hold electronic transfer funds for review as deemed necessary for up to 90 days.
7. Stop Check Requests
You acknowledge by using the check stop payment feature the information you enter describing the check is correct including the exact dollar amount. If accurate information is not entered, the Bank is not responsible for failing to stop payment on the item. Stop payment orders received through the Services are accepted as if they were in written form and are effective for six months. After six months, they expire automatically and without further notice unless the stop payment order is renewed by you prior to its expiration.
8. Account Alerts
When enabled by you through the Services, when certain changes are made to the Services, the Bank will automatically send you alerts letting you know the change was made. You should contact us immediately if the change(s) made were not authorized by you or another person authorized to make the change. From time to time, for reasons out of the Bank’s control, alerts may be delayed or prevented, and the bank will not be liable for any delays, failure to deliver, or misdirected delivery of any alert. In addition, the Bank will not be liable for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an account alert. Alerts are not encrypted, and the Bank will never include your User Access Codes or full account number. However, depending on which accounts you enable, alerts may include your name and some information about your accounts.
9. Bill Payment Service.
By using Bill Pay services, you agree that based on instructions received under your User Access Codes, we charge your designated account by electronic transfer. The Bank reserves the right to refuse to pay any payee if necessary. Note that the Bank may use an affiliated or nonaffiliated third party acting on our behalf to process your bill payments. Bill Payments are the same as those made by using paper checks, drafts, or transfers, and are bound by the same rules, regulations, and state and federal laws.
A. Entering Payments
You must enter a “deliver by” date for all payments. Bill Payments that do not fall on a Business Day will be processed on the next Business Day. A “Business Day” is any day we are open for banking business except Saturdays, Sundays, and Federal banking holidays. Sufficient funds must be available on the Send Date for payments to be made.
B. Cancellation or Change
You may cancel or change a payment’s processing as long as you do so before 3:00 p.m. Central Time on the date the payment is scheduled to be made (“Process Date”). This cut off time may change from time to time. All cut off times referenced in this agreement are based on Central Time.
C. Due Dates
You understand and agree that you must allow sufficient time for your payment to reach the payee so that it may be processed prior to the payee’s due date, excluding any applicable grace period. The Bank strongly recommends that you allow adequate time between the date a payment is scheduled to be sent and the payee’s due date.
D. Rush/Expedited Payments
You cannot cancel an expedited payment transaction once it has been submitted to the Bank. By choosing to use the expedited payment service, you agree to the fee disclosed when choosing the Rush Payment method within the Bill Pay service. If our fraud detection monitoring system alerts and declines a Rush Payment, you will need to reschedule the bill payment.
Payees participating in eBills establish their own criteria for reviewing requests to receive eBills and have sole discretion to accept or decline your request to pay a bill using eBills. Participating payees generally take up to five business days to approve an eBill set-up request. In some cases, we obtain the eBill from the website of the payee. To do so, we ask you for information needed for this purpose, such as any required password. When you provide this information, you authorize us to access the third-party website to retrieve the account information on your behalf, and you appoint us as your agent for this limited purpose. We take no responsibility if a payee does not provide the necessary data to forward an eBill in a timely manner. If you do not receive an eBill, it is your responsibility to contact the payee directly. We are not responsible for any late charges or other adverse consequences. Any questions regarding your bill details should be directed to your payee. All parties have the right to cancel the service at any time. We will notify you if we or a payee discontinues/stops eBills.
F. Currency, Payee and Dollar Amount Restrictions
All bill payments must be payable in U.S. dollars to a payee located in the United States and its territories. Bill payment dollar amounts are limited. The Bank may: (i) restrict categories of payees to whom payments may be sent, (ii) refuse to pay any payee at the Bank’s discretion and (iii) reduce the maximum payment amount without notice.
10. Mobile Banking
The Bank, in its sole discretion, shall determine which services shall be included in the Mobile Banking services. From time to time, the Bank may develop additional Mobile Banking services, and you will have the opportunity to take advantage of them, if you have the necessary mobile device and related hardware and software. This Agreement is by and between you and the Bank, and the Bank is solely responsible for the Mobile Banking services and their contents. Neither Apple®, Inc. or Google, Inc. (Android™) are responsible for the Mobile Banking services or their contents. Some Mobile Banking services may not be available for certain accounts or clients. The Bank reserves the right to modify the scope and type of activities offered via the Mobile Banking services at any time in the Bank’s sole discretion. The Bank also reserves the right to refuse to make any transaction you request through the Mobile Banking services for a variety of reasons if deemed necessary.
B. Relation to Other Agreements
You agree you are subject to the terms and conditions of any agreement you have with any unaffiliated third-party service providers, including, but not limited to your mobile service provider or any third-party provider for the Mobile Banking services (e.g., Apple®, Inc. or Google, Inc. (Android™)), and this Agreement does not amend or supersede any of those separate third-party service provider agreements. Such services may provide for fees, charges, limitations, and restrictions which might impact your use of the Mobile Banking services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s network. You agree to resolve any problems with your mobile service provider without involving the Bank, Apple®, Inc. or Google, Inc. (Android™). You must comply with applicable third-party terms when using the Mobile Banking services.
C. Processing Equipment and Processing Software
If you choose to utilize Mobile Banking services, you must have a mobile device with the ability to download, access and use the American Bank Mobile Banking Application, as well as any other compatible hardware and software necessary to operate such mobile device. The Bank reserves the right to deny Mobile Banking services in its sole discretion and to impose additional hardware or software requirements as it may to deem appropriate from time to time. You understand and agree that the Bank is not responsible for any errors or failures of your mobile device or its software and is not responsible for any viruses or related problems that may be associated with your use of Mobile Banking services.
You understand, acknowledge and agree that installation, maintenance and operation of your mobile device (hardware and software) and related security procedures that you adopt and follow, including, but not limited to, data security protection, firewalls, anti-virus software, is your sole responsibility.
D. Maintenance and Support
The Bank is solely responsible for providing maintenance and support services with respect to the Mobile Banking services, as specified in this Agreement and under applicable law. The Bank and you acknowledge that neither Apple® Inc. or Google, Inc. (Android™) have any obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Banking services.
E. Copyrights and Other Intellectual Property; User Conduct
The license granted to you for the Mobile Banking services is a non-transferable license to use the Mobile Banking services on a device that you own or control and as permitted by the usage rules and terms of service governing the Apple®, Inc. App Store or the Google Play™ store, as applicable. Except where otherwise expressly noted or as noted below, all contents of the Mobile Banking services, including the graphics, icons and overall appearance of the Mobile Banking services, are the sole and exclusive property of the Bank, its subsidiaries or affiliates, or third parties whom the Bank utilizes to provide any portion of the Mobile Banking services. Certain of the Bank’s trademarks and/or service marks are also included in the Mobile Banking services. The posting of the contents of the Mobile Banking services neither constitutes a waiver of any of the Bank’s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Mobile Banking services user or to any third party. Contents of the Mobile Banking services are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any contents you obtain from the Mobile Banking services. The display of third-party trademarks within the Mobile Banking services does not grant you a license of any kind. Any downloading of contents of the Mobile Banking services or any other service linked to the Mobile Banking services may be a violation of federal trademark and copyright laws. The Bank and you acknowledge and agree that, in the event of any third-party claim that the Mobile Banking services or your possession or use of the Mobile Banking services infringes that third party’s intellectual property rights, the Bank and its third-party service providers are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You agree to follow all instructions for use of the Mobile Banking services, including any updates or revisions. If the Mobile Banking services are modified, you are responsible for understanding how to use any modifications. You may not copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, lease, rent, distribute access to, or republish any of the contents of these Mobile Banking services without the prior written consent of the Bank, which may be withheld in its sole discretion.
Unless otherwise subject to the provisions of Regulation E for consumer clients as further described in the Deposit Account Agreement, the Bank will not be liable for any losses caused by your failure to properly use the Mobile Banking services or your mobile device. You agree not to use the Mobile Banking services in any way that would: (a) infringe any third-party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the services to impersonate another person or entity; (c) violate any applicable law (law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-money laundering or bank secrecy); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt the computer network’s connection to the services; (i) interfere with or disrupt the use of the Mobile Banking services by any other user; or (j) use the Mobile Banking services in such a manner as to gain unauthorized entry or access to the Bank’s computer Services or the computer Services of others.
F. Bank’s Responsibilities
The Bank will provide access to the processing equipment and software for the American Bank Mobile Banking services through the American Bank Mobile Banking Application. The Bank will also provide maintenance and support for the Mobile Banking services to ensure the accurate delivery of the Mobile Banking services, including, but not limited to corrections, and repairs to any known system bugs or errors, modifications, enhancements, or updates that the Bank elects to make generally available to its clients and support during the Bank’s business hours.
By using Mobile Banking services, you understand that you are providing your express consent to the Bank to permit the Bank to contact you as necessary to provide Mobile Banking services (including push notifications to your mobile device). Such activities may include, but are not limited to, providing account alerts, confirming account activity, confirming Mobile Deposits, undertaking fraud prevention, servicing, or for any other purpose as provided in this Agreement.
H. Contact Information and Telephone Number.
It is your responsibility to provide true, accurate and current contact and other information about yourself when registering for Mobile Banking and maintain updated information for the Mobile Banking services to function properly and for your security. If you change your phone number or other contact information, notify the Bank.
I. Text Banking
Text Banking offers two-way SMS communication as a way to access certain account information. With each query that is submitted to 73955, subscribers will receive one response that may be delivered through multiple text messages. If you activate Text Banking, you are responsible for meeting all mobile device system and equipment requirements, and for all associated costs and expenses, including, without limitation, all fees you incur for data transfers and as a result of sending and receiving communications, including text messages, through your mobile device service.
J. Account Ownership and Accurate Information
You represent that you are the legal owner of the accounts linked to the Mobile Banking services, and that all the information you provide to us in connection with the Mobile Banking services is accurate, current and complete. You agree not to misrepresent your identity or your account information. You will keep your account information up to date and accurate.
Biometrics enrollment is limited to one registered account login ID and credentials per account. Any user with biometric Authentication of any kind enabled should not allow any other individual’s biometrics to be enrolled on their device while using this feature because any individuals whose biometrics are stored on the device could have the ability to authenticate into a Mobile Banking session and access sensitive data and account functionality.
K. Location Based Information
If you use any location-based feature of the Mobile Banking services, you agree that your geographic location and other related personal information may be accessed and disclosed via the Mobile Banking services. If you wish to revoke Mobile Banking services’ access to such geographic location information, you must cease using the location-based features of the Mobile Banking services.
11. Mobile Deposit
To use Mobile Deposit service, you must be enrolled in Mobile Banking, have at least one eligible account, and have a mobile device suitable for Mobile Deposit. The Bank is not responsible for any failure or lack of availability of services provided by your wireless service provider.
By using the Mobile Deposit service, you agree to pay any fees that the Bank may charge in conjunction with Mobile Deposit (as set forth in the Bank’s current Schedule of Fees and Service Charges).
The dollar amount limits for Mobile Deposit shall be determined by the Bank in its sole discretion. Items exceeding your item limits will fail at the device or will be delivered to the Bank for processing and held for review before transmittal via Mobile Deposit will be completed. The Bank retains the ability to either approve or deny your use of the Mobile Deposit service in the Bank’s sole and absolute discretion.
Subject to the terms and conditions herein, you subscribe to, and the Bank agrees to provide, the Mobile Deposit service to be used by you in accordance and in compliance with the Check Clearing for the 21st Century Act (“Check 21 Act”).
B. Information Regarding Mobile Deposit Transactions
For the purposes of this section and other provisions relating to the Mobile Deposit service, any capitalized term not otherwise defined herein has the definition ascribed to it under the Check 21 Act. If you have met, in our sole discretion, the conditions we have established for use of the Mobile Deposit service to make deposits via electronic images, we will deposit to your account(s) the electronic images of Original Checks for collection as allowed under this Agreement.
By depositing electronic images with the Bank via the Mobile Deposit service, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation. All of the warranties deemed given by a depositor of a check to a bank under the Uniform Commercial Code (“UCC”), as applicable from time to time in the State of Texas, shall also apply to any electronic image of an Original Check the same as if such electronic image or Substitute Check were a paper check within the meaning of the UCC as adopted by the State of Texas (“Texas UCC”). Accordingly, except to the extent that any warranties deemed given under the Texas UCC are expressly superseded by the Check 21 Act or the Check 21 regulations, you understand that you are deemed to give us all the same warranties you would have given under the Texas UCC for the deposit of an Original Check by transferring to us: (a) any Substitute Check; (b) an IRD or other item purporting to be a Substitute Check; or (c) any electronic image that purports to contain a Sufficient Copy of an Original Check or a Substitute Check.
Such warranties also include the following two (2) specific warranties regarding transfer and presentment:
You warrant that the electronic image we convert to a Substitute Check meets the requirements described in the Check 21 Regulation (found at 12 CFR §229.51(a)(1) – (2) and as amended from time to time) for legal equivalence.
And your warranty given above is deemed given to us and any other person, company, or bank to which we transfer, present or return the Substitute Check or a paper or electronic representation of the Substitute Check.
C. Prohibited Transactions; Procedures; Retention of Original Checks
i. Prohibited Transactions
You agree not to use the Mobile Deposit service to deposit or otherwise process: (i) non-cash items; (ii) items drawn on foreign banks or payable in other than U.S. money; (iii) items without preprinted magnetic ink routing numbers; (iv) items for which you are not a holder in due course; (v) Substitute Checks, except those which have been returned to you for any reason; (vi) items payable to any person or entity other than you (i.e. no third-party deposits); (vii) items containing apparent alterations to any of the information on the front of the check or item, or which you know or suspect (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; (viii) items dated more than six months prior to the date of deposit; (ix) items prohibited by the Bank’s current procedures relating to the Mobile Banking services or which are not acceptable under the Agreement; (x) Original Checks or other items previously converted to a Substitute Check; (xi) checks or items that are Remotely Created Checks (as defined in Reg. CC); or (xii) checks or items which are otherwise not acceptable under the terms of your account(s).
ii. Processing of Mobile Deposit Transactions
The daily cut-off time for Mobile Deposit deposits is 6:00 p.m. Central Time. Checks submitted after the cut off time will be processed on the Bank’s next Business Day. You shall submit check images to the Bank in such format, and with such associated check information, as the Bank may require periodically, utilizing Accredited Standards Committee X9’s Specifications for Electronic Exchange of Check and Image Data (DSTU X9.37-2003) and in conformance with image legibility and other requirements of the Bank’s Mobile Banking Application.
The Bank reserves the right to reject any single check image or group of check images for any reason, before or after it/they appears on the Bank’s services. All checks submitted through the Mobile Deposit service must be restrictively endorsed as “For Mobile Deposit Only – American Bank” or as otherwise instructed by the Bank. Items transmitted without being properly endorsed are subject to rejection by the Bank.
You warrant the following: (i) the check image is an accurate representation of the information contained in the Original Check, and the check image includes all endorsements from the Original Check; (ii) each check image contains a record of all MICR line information required for a Substitute Check, and the check image satisfies all of the requirements of the Check 21 Act and Regulation CC; (iii) the Original Check, a duplicate check image, or any copy of the Original Check or check image will not be deposited by you with the Bank; and (iv) the Original Check, a duplicate check image, or any copy of the Original Check or check image will not be presented, transferred or returned such that the Bank or any other person will be asked to make a payment based on a check or check image that has already been paid. The Bank has no responsibility or liability for any fees incurred due to the rejection of transmitted items for missing/incomplete endorsements.
Electronic images shall be deemed received by us for deposit based upon time of receipt as well as successful receipt of electronic images that are complete, usable, and adhere to the standards discussed above. If any electronic image is not complete, is not usable, or does not adhere to the standards, the electronic image may not be processed by us, in which event your deposit will be adjusted or cancelled, and notification provided. You understand we will process only your electronic images that comply with the standards discussed above and are Sufficient Copies, and we
will use commercially reasonable efforts to present these Sufficient Copies for collection under the Check 21 framework.
Should a Drawee Financial Institution return an item to us unpaid, we will charge your respective account for such returned item and may either (i) return the item to you, or (ii) re-present it to the Drawee Financial Institution before returning it to you. Items may be returned as Image Exchange Items, rather than Substitute Checks. Should a Drawee Financial Institution or other third party make a claim against us or seek re-credit with respect to any electronic image, we may provisionally freeze or hold aside a like amount in your account pending investigation and resolution of the claim.
The Bank may reject any entry which does not comply with the requirements, including security procedures, set forth herein. The Bank may reject any entry if you have failed to comply with its account balance obligations. The Bank shall notify you by phone or electronic transmission, including email, of such rejection no later than the Business Day such deposit would otherwise have been transmitted by the Bank to the Federal Reserve. Notices of rejection shall be effective when given. The Bank shall have no liability to you by reason of the rejection of any such deposit or the fact that such notice is not given at an earlier time than that provided for herein.
You shall have no right to cancel or amend any deposit after its receipt by the Bank. However, if such request complies with the security procedures, the Bank shall use reasonable efforts to act on a request by you for cancellation of a deposit prior to transmitting it to the Federal Reserve but shall have no liability if such cancellation is not implemented. You shall reimburse the Bank for any expenses, losses, or damages the Bank may incur in implementing or attempting to implement your request for the reversal of a deposit.
You understand and acknowledge that we are relying on the truth and veracity of all electronic images submitted for deposit via the Mobile Deposit service by you to us, and you warrant that such electronic images accurately reflect Original Checks that are, or at the time of the creation of the Substitute Checks, were, in your possession. You also understand that issues regarding returned item collection, returned deposit, and other issues regarding deposit of items not specifically addressed in this Agreement shall be governed by the terms and conditions of the Deposit Account Agreement.
iii. Retention and Security of Original Checks
You shall retain physical checks that represent the deposit for no longer than fourteen (14) days following the date of their transmittal to the Bank and agree to make the originals available to the Bank within seventy-two (72) hours of the Bank’s request for fraud control purposes.
D. Funds Availability Regarding Mobile Deposits
Electronic images submitted via the Bank’s Mobile Deposit service are not subject to the funds availability requirements of the Federal Reserve Board’s Regulation CC. Our policy is generally to make funds from your Mobile Deposit service available to you on the first Business Day after the day we receive and approve your deposit. In some cases, we will not make the funds you deposit via the Mobile Deposit service available to you on the first Business Day after the day of your deposit as governed by the Deposit Agreement for your account and relevant federal statutes and regulation.
Once the funds are available, you can withdraw the funds in cash subject to the terms of the Deposit Agreement for your account, and we will use the funds to pay items and transactions drawn on your account. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and Federal holidays.
E. Client Representation and Agreements; Indemnity
You shall perform your obligations under this Agreement in accordance with all applicable laws and regulations, including the sanctions laws administered by OFAC. In addition to other indemnification under this Agreement, you also agree to indemnify the Bank against any loss, liability, or expense (including attorney’s fees and expenses) resulting from or arising out of any breach of any of the foregoing representations or agreements.
F. Limitations on Liability
Liability shall not exceed the sum of the amount of any loss suffered by you as a result of a breach of warranties under Regulation CC (12 CFR Part 229) up to the amount of any Substitute Check, interest and expenses (including cost and reasonable attorney fees and other expenses of presentation) related to the substitute check, reduced by any amount you receive and retain as a re-credit. Furthermore, such liability shall be further reduced by the amount of any damages incurred as a result of your negligence or bad faith. Without limiting the generality of the foregoing provisions, the Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission of communication facilities, equipment failure, war, emergency conditions, or other circumstances beyond the Bank’s control.
G. Client Responsibilities
You understand that your account will be charged for any deposited check that is later returned to the Bank owing to an actual or alleged breach of any warranty made in this Agreement or any state or federal laws or regulations. You will use the Mobile Deposit service to enter, process, and transmit original checks in accordance with procedures and transmission deadlines outlined in this Agreement. You will verify the Bank’s receipt of its Mobile Deposit deposits by reviewing deposits that have been posted to the designated accounts, in addition to cooperating with the Bank in any investigation and resolving any unsuccessful or lost transmissions. You will cooperate with the Bank in providing information and access to your records in the event of lost, mistaken, incomplete, or unusable electronic images, or in the event of claims of fraud, alteration, counterfeit or otherwise.
You may not perform the Mobile Deposit service for any third party, and any attempt to do so shall automatically terminate this Agreement, except for any provisions of this Agreement that are expressly to survive such termination.
A. Description of Services
We have partnered with the Zelle® Network (“Zelle®”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle® (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle® as “Network Banks.” Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Bank. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR, OR YOU DO NOT TRUST.
B. Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
The Service is intended for personal, not business or commercial, use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
When you register with Zelle®, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, but you may register multiple email addresses, mobile phone numbers, or other aliases in each profile. Once you have registered an email address, mobile phone number, or other alias with a profile, you may not use that same email address, phone number, or other alias with any other profile.
C. Consent to Share Personal Information (Including Account Information)
D. Privacy and Information Security
E. Wireless Operator Data
F. Enrolling for the Service
You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
Once enrolled, you may authorize a debit of your account to send money to another User either at your initiation or at the request of that User and receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section titled “Requesting Money.”
If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
G. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle® may, or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
i. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text, or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
ii. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
iii. In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
iv. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
v. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our Client Services at (800) 257-8316. You expressly consent to receipt of a text message to confirm your “STOP”
Most major carriers are supported. However, if you are experiencing issues, please contact our Client Services to confirm if yours is supported.
H. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, to protect you, us, Zelle® and the other Network Banks, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, SMS text, push notifications, etc.).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
I. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle®, either in the Zelle® mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes. Transactions typically occur in minutes when the recipient’s email address or U.S. mobile number is already enrolled with Zelle®. There are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either in the Zelle® mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR, OR YOU DO NOT TRUST. NIETHER AMERICAN BANK NOR ZELLE® OFFERS A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
K. Send Limits
American Bank’s default limits for the Service are $1,000 per transaction and $2,000 per day. We may change the default limits at our discretion. If your needs are greater than this, please contact one of our Personal Bankers or Client Services to discuss options.
L. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you requested. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
M. Transaction Errors
In case of errors or questions about your Zelle® transactions, please call our Client Services at (800) 257-8316 as soon as possible.
N. Your Liability for Unauthorized Transfers
Reference section 4 of this Agreement titled Security Procedures; Unauthorized Transactions.
O. Liability for Failure to Complete Transfers
The Bank will not be liable for your failure to complete a transfer.
There is currently no service charge for using the Zelle® Service. If, however, American Bank processes a transfer in accordance with instructions that overdraws your Account, we may assess a fee or charge interest for any such overdraft in accordance with the terms of the Deposit Account Agreement. If we process a transfer in accordance with your instructions that overdraws your external account, the Network Bank holding that external account may assess fees or charge interest for any such overdraft. American Bank will not be liable for failure to pay any transfer request unless it is drawn against available funds credited to the designated account. Users will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Zelle® Service. Fees are subject to change from time to time upon notification as may be required by law.
Q. Use of Our On-line Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with this Agreement.
R. Cancellation of the Service
If you wish to cancel the Zelle® Service, please contact our Client Services team at (800) 257-8316. Any payments initiated prior to the effective date of cancellation shall be processed by us.
S. Right to Terminate Access
You agree that we may cancel or suspend your use of the Zelle® Service at any time for any reason or for no reason.
T. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
U. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S® SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS, LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, 7 days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s® control. Live Client Services generally will be available Monday through Friday, excluding Federal bank holidays.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
13. Mobile Debit Card Controls and Alerts
The Bank is not responsible for how merchants authorize transactions or code their terminal’s location or merchant type. The terminal coding is the sole responsibility of the merchant and may impact the ability for the Card Controls Service to recognize the merchant category or location in an in-store transaction.
Certain merchants may seek an authorization hold at the time the transaction is initiated (e.g., gas stations, restaurants, hotels, etc.). The authorization hold may be higher or lower than the actual transaction paid because the final transaction amount is not known at the time the transaction is initiated. This may affect any threshold limits you apply in the Card Controls Service.
Card Controls Service push alerts and in-App notifications are provided by American Bank through its service providers. If our service providers experience any issues that cause the Card Controls Service not to perform as intended, any card control preferences and/or alerts you set up may not be in effect. During any service provider outage period, authorized transactions may be completed whether or not the transactions would have been restricted by your card controls settings. Standard data rates may apply.
14. Online Statements and Notices
By enrolling in Online Statements and Notices, you affirmatively consent and agree to permit us to make certain disclosures and provide notices to you in electronic form, in lieu of providing such notices and disclosures in written form. Your consent and agreement shall relate to all forms of disclosures and notices required under applicable law as a result of the various agreements between you and us and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically notify and make available account statement(s) and notices via electronic banking that we are required to provide to you under applicable federal and state statutes and their implementing regulations. Your selection of Online Statements and Notices also authorizes us, at our discretion, to provide electronic notification of such disclosures and notices pursuant to these statutes after they become effective. If there is more than one depositor that is a party to the account, notice to any one depositor will be effective for all. To revoke this consent or to request a paper copy of any electronic disclosure or notice provided pursuant to this consent, contact Client Services. You may also visit any of our banking centers and speak with one of our Personal Bankers for assistance. Applicable fees may apply.
B. Security Procedures
We may send messages related to online statements to the email address you have provided to us. The Bank will not, however, include any account numbers, User Access Codes or similar non-public personal information in any email response to you.
C. Computer and Mobile Device Hardware and Software Requirements
For the Online Statements and Notices service to work properly, you must have hardware able to reliably run a supported Web browser and a current PDF reader, such as Adobe Acrobat. You are responsible for installation, maintenance, and operation of your computer and mobile device and their software.
If you do not agree to the changes or your computer or mobile device and their software do not support the changes, you may withdraw your consent to receive online statements and notices.
We may send an alert notification to you that your online statement or an applicable notice is available for viewing via Online Banking. It is your responsibility to log in to online banking and review all statements or notices with or without a notification.
a. Errors. You must promptly review your online statement and any accompanying items and notify us in accordance with the Deposit Account Agreement and the disclosure entitled “Electronic Funds Transfers – Your Consumer Rights and Responsibilities” of any error, unauthorized signature, lack of signature, alteration or other irregularity. A copy of the “Electronic Funds Transfers – Your Consumer Rights and Responsibilities” may be obtained by visiting our website at www.americanbank.com/agreements-disclosures, by contacting Client Services, or at any branch location.
Only certain account types may be available for Online Statements. Accounts must be set up for Online Banking to be enrolled for Online Statements. If you or the Bank terminate the Services, your Online Statement enrollment will cease, and we will send your Statements and Notices to you via U.S. Mail to your last known address. If you close your account, you should print copies of your online statements as you may no longer have access to them after the account closes.
15. Personal Financial Management
With the exception of secure messages sent through the Services, all communications, SMS text messages and push notifications, transmitted by you to the Bank are not confidential and are deemed to be the Bank’s property.
Transactions you conduct via the Services may also be subject to (a) applicable Bank-imposed fees (as set forth in other agreements you have with the Bank and in the Bank’s current Schedule of Fees and Service Charges), and (b) fees imposed by third parties with whom you have entered into other agreements. The Bank reserves the right to assess fees or otherwise charge for the Services in the future upon prior written notice of such fees or charges, with such prior written notice being sent in accordance with the “Notices” section of this Agreement.
18. Transaction Errors
In case of errors or questions about your electronic funds transfers through the Services, you may contact us at (800) 257-8316 or write us at the address shown below or on the back of your periodic statement, as soon as possible, but, as described below, no more than 60 days from the date of the statement, if you think your statement or receipt is wrong or if you need more information about a transfer shown on the statement or receipt. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
a. Contacting American Bank. You may call us at (800) 257-8316. You may write to us at:
American Bank, N.A.
Attn: Client Services
P.O. Box 6469
Corpus Christi, Texas 78466-6469
In your communications, we will need your name and account number (if any), a description of the error or transfer you are unsure about, a clear explanation as to why you believe it is an error or why you need more information, and the dollar amount of the suspected error.
b. Error Resolution for Consumer Accounts
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
For consumer accounts, if you tell us within two (2) business days after you learn of the loss or theft of your User Access Codes, you can lose no more than $50 if someone used your User Access Codes without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your User Access Codes, and we can prove we could have stopped someone from using your User Access Codes without your permission if you had told us, you could lose as much as $500.
19. Disclaimer of Warranties
THE BANK AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDE THE SERVICES AND ALL INFORMATION AND CONTENT DELIVERED BY OR THROUGH THE SERVICES TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BANK AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, PERFORMANCE, ACCURACY, AVAILABILITY, CONTENT, FUNCTION, ACCESSIBILITY, NON-INTERRUPTION, NONINFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE BANK AND ITS THIRD-PARTY SERVICE PROVIDERS ALSO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELATED TO ANY ADVERTISEMENTS OR WEBSITES IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICES (INCLUDING ANY SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICES) SHALL BE FOR THE BANK TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE SERVICES.
20. Exclusion of Damages; Liability
NOTWITHSTANDING THE ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, THE BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHERS FOR DAMAGES IN EXCESS OF YOUR ACTUAL LOSSES OR DAMAGES UP TO THE AMOUNT OF THE TRANSFER DUE TO THE BANK’S FAILURE TO COMPLETE A TRANSFER. THE BANK WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES), WHETHER CAUSED BY THE EQUIPMENT AND/OR THE SERVICES, NOR WILL THE BANK BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT. THE SERVICES ARE PROVIDED “AS IS.” YOU UNDERSTAND THAT THE BANK DOES NOT MAKE ANY WARRANTIES CONCERNING THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You understand that there are risks associated with using your computer and mobile device, and that in the event of theft or loss, your confidential or personally identifiable information could become compromised. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE BANK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD: (i) CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT; (ii) CONSTITUTE INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF INFORMATION, DATA, FILES OR OTHER MATERIALS SUBMITTED BY YOU TO THE SERVICES; (iii) CONSTITUTE FRAUD OR MALICIOUS CONDUCT BY YOU; (iv) CONSTITUTE A VIOLATION BY YOU OF ANY LAW OR RIGHTS OF A THIRD PARTY; (v) CONSTITUTE A CLAIM FOR WHICH YOU HAVE AGREED TO PROVIDE INDEMNIFICATION ELSEWHERE IN THIS AGREEMENT; OR (vi) CONSTITUTE A CLAIM FOR DAMAGES FOR WHICH YOU HAVE AGREED ELSEWHERE IN THIS AGREEMENT THAT THE BANK IS NOT RESPONSIBLE.
22. Fraud Prevention
The Bank is not responsible for any fraud, including but not limited to, electronic virus or viruses, spyware, Trojan horses, or other malware that you may encounter on the Internet (collectively referred to as “Computer Security Threats”). You understand and agree that you are responsible for routinely scanning your computer hardware and software using a current, reliable virus protection software product to detect and remove any Computer Security Threats found. Computer Security Threats may corrupt and/or destroy your programs, files, or hardware and compromise your User Access Codes.
You understand and agree that the Bank may cancel the Services immediately, without notice to you, if you do not access or perform activity within the Services for a period of 90 or more days or if the Bank suspects or believes, in good faith, that you are abusing your account privileges or using any of the services illegally. If the Bank cancels your services due to inactivity, you must re-register for the Services. Once the Bank has acted upon your termination, the Bank will make no further transfers or bill payments from your account(s), including any bill payments or transfers you have previously authorized. The Bank reserves the right to terminate or to discontinue support of any software or equipment without written notice to you.
If a court determines that any part of this Agreement is illegal or unenforceable, you agree that the remainder will be enforced, and the offending provision changed to make it enforceable.
25. Legal Compliance
The Bank and you agree to abide by all applicable international, federal, state and local, laws, rules, regulations and ordinances pertaining to the Services. You represent and warrant that (a) 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 (b) that you are not listed on any U.S. Government list of prohibited or restricted parties, such as the OFAC’s Specially Designated Nationals List.
You will not hold us liable for anything we do or decline to do based on a good faith belief that it is required by law or regulation. Some laws allow parties to contract out of the law’s provisions and establish their own rules. You intend this Agreement to do that whenever a term of this Agreement conflicts with such a law. You will abide by the rules of any clearinghouse or automated clearinghouse that handles any part of a transaction (for example, the National Automated Clearing House Association (“NACHA”)). We reserve the right to inquire about any deposits made, withdrawals from, or other disposition of funds or account activity, regarding any or all of your accounts, including the right to contact you directly regarding any account activities. You agree not to use the account in any illegal activity, including, but not limited to, “restricted transactions” as defined under the Unlawful Internet Gambling Enforcement Act.
You agree that our third-party service providers may rely upon your agreement and representations, and that such service providers are intended third-party beneficiaries to this Agreement, with the power to enforce this Agreement against you. The Bank and you acknowledge and agree that Apple®, Inc., and all of its subsidiaries, and Google, Inc. (Android™) and all of its subsidiaries, are third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, either Apple®, Inc., or Google, Inc., as applicable, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
26. Governing Law; Jury Trial Waiver
Any disputes arising from or related to your accounts and this Agreement shall be governed by federal law and all applicable substantive laws of the State of Texas (without regard to its conflict of laws principles). We are located in Texas and that is where you opened your account. In addition, we are subject to certain federal and state regulations, as well as national and local clearing house rules regarding some of the matters addressed in this Agreement and we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement will prevail to the extent any such law, regulation or rule may be modified by agreement. BY EXECUTION OF THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL AND KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
BY CLICKING “ACCEPT”, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU ACCEPT THIS AGREEMENT WITHOUT MODIFICATION, AND THAT YOU WILL BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU SIGNED THE AGREEMENT. FURTHERMORE, YOU UNDERSTAND THAT BY USING THE SERVICES YOU AGREE TO THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND TO SUCH TERMS AND CONDITIONS AS THEY MAY BE AMENDED IN THE FUTURE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU UNDERSTAND THAT YOU SHOULD NOT CLICK “ACCEPT” AND YOU SHOULD NOT USE THE SERVICES.