End User License Agreement Terms For The Downloadable App
To be Agreed to by End User Prior to Use of the Downloadable App
- Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
- License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
- Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
- Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
- U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
- Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Mobile Banking Agreement and Disclosure
El Dorado Savings Bank strives to provide the highest quality Mobile Banking service available. By enrolling in our Mobile Banking service, you agree to all of the terms and conditions contained in this Agreement and Disclosure (the "Agreement"). Except as modified in this Agreement, all terms and conditions of your Internet Banking Service Agreement and Disclosure Statement, and Guide to Accounts and Services remain in effect.
We may offer additional Mobile Banking services and features in the future. Any added Mobile Banking services and features will be governed by this Agreement and by any agreement(s) provided to you at the time the new Mobile Banking service or feature is added or at the time of enrollment for the feature or service if applicable. From time to time, we may amend this Agreement and modify or cancel the Mobile Banking service we offer without notice, except as may be required by Law.
As used in this Agreement, the following words will have the definitions given below:
"Account(s)" means your eligible El Dorado Savings Bank checking, savings, loan, certificate of deposit and other El Dorado Savings Bank products that can be accessed through the Mobile Banking service.
"Device" means a supportable mobile device such as a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. (Note: Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.)
"Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
"You" and "Your(s)" mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
"We," "Us," "Bank," and "EDSB" means El Dorado Savings Bank.
Mobile Banking Service
Mobile Banking is offered as a convenience and supplemental service to our Internet Banking services. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your EDSB account information, use bill pay, transfer funds between your accounts and conduct other banking transactions. To utilize the Mobile Banking service, you must be enrolled in Internet Banking and then activate your Mobile Banking Device.
We reserve the right to limit the types and number of accounts or Devices eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Mobile Banking service at any time.
Mobile Banking may not be accessible over some network carriers. In addition, the Mobile Banking Service may not be supportable for all Devices. EDSB 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.
Mobile Banking services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from EDSB. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
In order to properly use Mobile Banking, you should review and follow the instructions provided on our website www.eldoradosavingsbank.com. You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with Mobile Banking. In the event of any modifications to the Mobile Banking service, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Mobile Banking service or your Device.
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for uses of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
You agree to provide source indication in any messages you send, such as your mobile telephone number or "From" field in text message. Any deposit account, loan or other banking product accessed through this Mobile Banking service is also subject to the Account Terms and Conditions and to the Account Agreements and Disclosures provided at time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use the Mobile Banking service to transfer funds between your eligible EDSB accounts (Internal Transfer). You may not transfer to or from an Account at another financial institution using our Mobile Banking Service. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without notice, at our option.
Account Ownership/Correct Information: You represent that you are the legal owner of the Accounts and other financial information which may be accessed using Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You represent that you are an authorized user of the Mobile Device you will use to access Mobile Banking.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any unauthorized person. If you permit other persons to use you Mobile Device, login information or any other means to access Mobile Banking, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
We make no representations that Mobile Banking will be available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would be considered illegal.
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless El Dorado Savings Bank its officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs caused or 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 Mobile Banking service ; (2) your violation of any law or rights of a third party; or (3) your use, or use by a third party of Mobile Banking.
Authorization to Receive Electronic Communications:
By signing up for and using our Mobile Banking service, you authorize us to call and send SMS text messages to your Device.
Mobile Express Deposit User Agreement
This "Mobile Express Deposit User Agreement" ("Agreement") contains the terms and conditions for the use of EDSB Mobile Express Deposit and/or other remote deposit capture services that El Dorado Savings Bank, FSB ("EDSB", or "we") may provide to you ("you," or "User"). Other agreements you have entered into with EDSB and all other agreements and disclosures governing your EDSB accounts, are incorporated by reference and made a part of this Agreement.
- Services. Mobile Express Deposit provides a suite of remote deposit capture services ("Services") designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to EDSB or EDSB's designated processor. There is currently no charge for the Services.
- Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, EDSB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
- Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
- Eligible Checks. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that you will not use the Services to scan and deposit any checks as shown below:
- Checks payable to any person or entity other than you.
- Checks containing obvious alteration to any of the fields on the front of the check, 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 is drawn.
- Checks previously converted to a substitute check, as defined in Reg CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks prohibited by EDSB's current procedures relating to the Services or which are otherwise not acceptable under the terms of your EDSB account agreement.
- Image Quality. The image of a check transmitted to EDSB using the Services must be legible. The image quality of the check must comply with the requirements established from time to time by American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
- Endorsements and Procedures. Unless otherwise instructed by EDSB you agree to restrictively endorse any check transmitted for deposit through the Services as:
(Your endorsement signature)
"For Deposit Only"
"El Dorado Savings Bank"
"Account # (your account number)"
You agree to follow any and all other procedures and instructions for use of the Services as EDSB may establish from time to time.
- Receipt of Checks. We reserve the right to reject any check transmitted through the Services, at our discretion, without liability to you. We are not responsible for checks we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when you receive a confirmation from EDSB. Receipt of such confirmation does not mean that the transmission was error free or complete.
- Availability of Funds. You agree that checks transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after EDSB receives payment for the funds submitted. EDSB may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as EDSB, in its sole discretion, deems relevant.
- Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
- Deposit Notification. Upon your receipt of EDSB's "Deposit Approved Notification" that your deposit has been approved for deposit, you agree to:
- Prominently mark the check as "Electronically Presented."
- Never deposit the check again.
- Keep the check secure for at least 14 days.
- Change in Deposit Notification. If your check contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both and numbers prevail over words. If the check you submitted for deposit contains contradictory terms, or if the amount of the check does not match the deposit amount you entered, we may correct the amount of deposit to match the amount of the check.
You will be provided with an email notice if we accept your check for deposit but need to correct the amount of deposit. If you believe an error has been made, please contact our Internet Banking department at (800) 874-9779, or present the deposited check at your local El Dorado Savings Bank branch office.
- Deposit Declined Notification. You will be provided with a "Deposit Declined Notification" email if we are unable to accept your check for deposit by our Mobile Express Deposit system for any reason. We might, upon review, decline a check previously accepted.
- Disposal of Transmitted Checks. After at least 14 days (but not more than 30 days after transmission), you agree to destroy the deposited check after you have verified the deposit has posted to your account.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by EDSB. EDSB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
- Errors. You agree to notify EDSB of any suspected errors regarding checks deposited through the Services right away, and in no event later than 60 days after the applicable EDSB account statement is sent. Unless you notify EDSB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against EDSB for such alleged error.
- Presentment. The manner in which the checks are cleared, presented for payment, and collected shall be at the sole discretion of EDSB.
- Ownership & License. You agree that EDSB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (I) in any anti¬competitive manner, (II) for any purpose which would be contrary to EDSB's business interest, or (III) to EDSB's actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
- Disclaimer of Warranties. You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an "As Is" and "As Available" basis. We disclaim all warranties of any kind as to the use of the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services (I) Will meet your requirements, (II) Will be uninterrupted, timely, secure, or error-free, (III) The results that may be obtained from Services will be accurate or reliable, and (IV) Any errors in Services or technology will be corrected.
- Limitation of Liability. You agree that we 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 you or any third party arising from or related to the use of, inability to use, or the termination of the use of this Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), Even if EDSB has been informed of the possibility thereof.
- User warranties and indemnification. You warrant to EDSB that:
- You will only transmit eligible checks.
- Images will meet the image quality standards.
- You will not transmit duplicate checks.
- You will not redeposit or represent the original check.
- All information you provide to EDSB is accurate and true.You will comply with this Agreement and all applicable rules, laws and regulations.
- Other terms. You may not assign this Agreement. This Agreement is entered into in Placerville, California, and shall be governed by the laws of the State of California and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.