Park Community Credit Union - Online Banking Terms

Welcome to Online Terms and Conditions 

If you are not currently a member of Park Community Credit Union, you may open an account by visiting our website at www.parkcommunity.com or by calling us at (502) 968-3681 or (800) 626-2870.

By clicking “I Agree” below, you affirmatively consent to the terms and conditions of the following Electronic Signatures in Global and National Commerce Act Disclosure and Consent (“E-Sign Disclosure”) and Online Banking Terms and Conditions (“Agreement”). Your agreement to the E-Sign Disclosure and Agreement is required in order to enroll and participate in Online Banking. By clicking “I Agree,” you also confirm that your device or computer meets the specifications and requirements outlined below and that you will be able to access and retain Communications electronically.

ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (“E-SIGN ACT”) DISCLOSURE AND CONSENT

This E-Sign Disclosure applies to all Communications (as defined below) for all products, services and accounts offered or accessible through Park Community Credit Union, Inc.’s (“PCCU”) Online Banking (“Online Banking”) and other electronic banking services offered to you by PCCU. Consent to this E-Sign Disclosure will not automatically enroll you in e-Statements, e-Tax Forms or e-Notices.

Definitions. As used herein, the word “Account” means the share, checking and/or loan account you have with PCCU you access through Online Banking. The phrase “Online Banking” means any electronic account service offered by PCCU. The words “we,” “us” and “our” mean PCCU. The words “you” and “your” mean you, the individual(s) identified on the Account, those who use Online Banking and any joint owners and authorized users of your Accounts. The term “Communication(s)” is defined below.

Consent to Receive Communications in Electronic Form. By clicking “I AGREE,” you affirmatively consent to the terms of this E-Sign Disclosure, and hereby authorize PCCU to provide all Communications, to the extent allowed by law, to you electronically and to do business with you electronically. When applicable, communication will no longer be provided or mailed to you in paper form, but rather be sent electronically. You understand, agree and acknowledge that accepting this E-Sign Disclosure and its terms constitutes your signature in the same manner as if it was physically signed by you. Your consent will also apply to any other person or entity named on your Account, including all joint owners and authorized users. Your consent under this E-Sign Disclosure will apply initially and on an ongoing basis until your consent is withdrawn as specified herein.

Scope of Consent. Your consent to the terms and conditions of this E-Sign Disclosure, includes but is not limited to, your agreement to receive in electronic form PCCU’s E-Sign Disclosure, Online Banking Terms and Conditions, transaction history, notices or disclosures about changes in the terms of your Account, disclosures and agreements that apply to Bill Pay services, Privacy Policy, Fee Schedule, certain information or forms that we request from you and ask you to submit electronically, to the extent allowed by law, any disclosures, agreements, notices, fee schedules and other information related to the opening or initiation of an Account, product or service, including but not limited to any notices or disclosures required by the Truth in Savings Act, the Electronic Fund Transfer Act, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act and other applicable federal and state laws and regulations and any changes, additions, updates, amendments or deletions of terms and conditions applicable to any agreements, disclosures, notices or Accounts, products or services you obtain from us (collectively referred to as “Communication(s)”).

Method of Providing Communications in Electronic Form. All Communications we provide to you in electronic form will be provided by the following methods: (1) via e-mail; (2) by posting the information in Online Banking; (3) by posting the information in an eDocument; or (4) by posting the information on PCCU’s website.

Updating Your Contact Information and Records. PCCU will use the e-mail address you have provided in Online Banking to send you electronic Communications. It is your responsibility to provide us with true, accurate and complete contact and other information and to promptly notify us if your e-mail address changes or is no longer functioning. You understand and agree that any Communications sent to the e-mail address you have in our files is deemed to have been provided to you in the methods described in this E-Sign Disclosure.

Withdrawal of Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at (800) 626-2870 or (502) 968-3681 or writing us at P.O. Box 18630, Louisville, KY 40261-0630. If you withdraw your consent, PCCU may stop providing you with Communications electronically and your Online Banking access will be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. PCCU will not impose any fee to process the withdrawal of your consent. PCCU may treat your provision of an invalid e-mail address or the subsequent malfunction of a previously provided valid e-mail address as a withdrawal of your consent to receive Communications in electronic form. No fee will be imposed for the withdrawal of your consent in this manner.

Limitation of Liability. You will be required to enter a username and password and responses to security questions to access Online Banking and view any electronic Communications. It is your responsibility to protect your username and password, and any other information used to verify your identity, from unauthorized persons. You agree that PCCU has no liability with respect to the unauthorized access of your Account via Online Banking. You understand that you have no expectation of privacy if a Communication is transmitted to an e-mail address owned by your employer. You further agree to release PCCU from any liability if any Communications are intercepted or viewed by an unauthorized party.

Paper Option. You may order a paper copy of any Communications referred to in this E-Sign Disclosure and provided to you electronically by calling PCCU at (800) 626-2870 or (502) 968-3681 or writing us at P.O. Box 18630, Louisville, KY 40261-0630. The fee that will be associated with your request will be based on PCCU’s most current Fee Schedule, which is located at www.parkcommunity.com or available at any of our branch locations.

Hardware and Software Requirements. It is your responsibility to maintain the proper equipment and software that will enable you to view, download, print and save all electronic Communications from PCCU for your records. To access and retain electronic Communications, you will need a PC or laptop computer, a printer, access to the Internet and current browser software (i.e. Google Chrome, Microsoft Internet Explorer and Mozilla Firefox). You will also need a PDF reader, such as Adobe Acrobat Reader, which you can download for free at www.adobe.com. PCCU will notify you of any change to software and/or hardware requirements needed to access the system.

Federal Law. You acknowledge and agree that your consent to receive electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal E-Sign Act, and that you and PCCU both intend that the E-Sign Act apply to the fullest extent possible to validate PCCU’s ability to conduct business with you by electronic means.

ONLINE BANKING TERMS AND CONDITIONS

This Online Banking Terms and Conditions (“Agreement”) governs your use of PCCU’s Online Banking services (“Online Banking”) and your electronic access to your accounts through Online Banking. By enrolling in and using Online Banking, you acknowledge and agree to the terms and conditions of this Agreement. Your agreement or enrollment in Online Banking will not automatically enroll you in e-Statements, e-Tax Forms or e-Notices.

Definitions. The following definitions apply to the terms contained in this Agreement. “PCCU,” “credit union,” “we,” “us,” or “our” refers to Park Community Credit Union, Inc. “You” or “your” refers to you, a PCCU member or other individual or entity who is enrolling or using Online Banking, including all joint account owners, authorized users or others whom you give access to Online Banking. “Business day” is defined as Monday through Friday, excluding federal holidays. “Website” shall mean www.parkcommunity.com. The phrase “Online Banking” means any electronic account service offered by PCCU.

Online Banking Services and Transactions Available. You may use Online Banking to obtain account information related to any of your PCCU share, checking and loan accounts regarding current balances and account history, year-to-date and prior year dividends earned, interest paid on loans and share certificate maturity dates. Via Online Banking, you can enroll to receive account statements (“eStatements”), notices and disclosures (“eNotices”) and tax forms (“eTax Forms”) electronically, open new accounts and set up alerts (“eAlerts”) on an account to send updates through email or text messaging. You may order checks through Online Banking, update member information and stop payments (subject to terms and limitations). You may also make transfers to other savings or checking accounts of yours or such accounts you have authorized in writing prior to such transfer request, withdraw from savings or checking account by check made payable to you and mailed to you at your mailing address, make loan payments from any savings or checking account to any loan account, apply for a loan and reorder checks. You can use Online Banking to access and enroll in BillPay-E Plus to pay bills online and schedule one-time or recurring payments. Separate agreement to the terms and conditions of PCCU’s Bill Pay agreement and disclosure is required for enrollment in BillPay-E Plus. You may also be able to transfer funds to and from another financial institution (for transfer limitations and conditions, contact us at (502) 968-3681 or (800) 626-2870). You can also enroll in Text Banking, subject to separate agreements and disclosures. Not all Online Banking services are available to all members. Online Banking transactions may be made at any time, seven (7) day a week, unless the service is unavailable due to computer back-up procedures, maintenance or system outage. Any account, loan, product, service or transaction accessed or processed through Online Banking is also subject to any applicable account agreements, loan agreements and disclosures provided at the time of account opening, or any changes or amendments thereto.

Security. “Access Code” as used in this Agreement refers to the personal identification/verification information provided by you for access to Online Banking. Personal identification/verification information includes (when applicable) but is not limited to usernames, passwords, personal phrases and challenge questions. Your Access Code will be your “online banking signature,” and you are responsible for maintaining its confidentiality. The Access Code should be memorized and not written, in order to prevent unauthorized use, so you may report its loss or theft accurately. You agree not to disclose your Access Code or otherwise make it available to anyone else and you agree to accept all responsibility for protecting your Access Code. We recommend you change your Access Code regularly and at any time you suspect someone may know it. You also should not instruct your web browser to “remember” the Access Code. PCCU is entitled to act on instructions received under your Access Code, including but not limited to withdrawing or transferring funds from your PCCU account(s). If you permit any other person to use Online Banking or your Access Code, you will have authorized that person to access your accounts and you are responsible for any transactions that person initiates or authorizes from your accounts. Notify PCCU immediately of any loss or theft of your Access Code. You may contact us by telephone at (502) 968-3681 or (800) 626-2870 or by mail at PO Box 18630, Louisville, KY 40261-0630. PCCU reserves the right to revoke your access to Online Banking if unauthorized access occurs as a result of your negligence in ensuring the security of your Access Code or the computer you own or use to access Online Banking.

Secure Messages. PCCU allows for secure messages via Message Board in Online Banking for you to ask questions about your PCCU accounts or give comments regarding PCCU’s Online Banking Services. Messages posted to the Message Board are accessible after you sign on with your Access Code.

Transfer Posting. All transfers completed after the transfer time of 11:00 p.m. Eastern Standard Time (EST) on a business day, or on a day that is not a business day, may not be posted on the next day. Our business days are every Monday through Friday. Federal holidays are not included.

Joint Access. A unique Online Banking Access Code is provided by and issued to the each member named on the Account with a unique SSN and offers access to other sub-accounts owned by that member. You should not disclose your Access Code to any joint account holders of your accounts. If you do, the joint account owner will have access to that account and to all sub-accounts owned by you, either individually or jointly. Granting access to your account via Online Banking will make you financially liable for all unauthorized access, losses or misuse of the account until reported to PCCU.

Transfer Documentation. You will receive a monthly or quarterly periodic account statement as disclosed in the terms and conditions applicable to your PCCU account. Transfers made through Online Banking will be reflected on applicable account statements. Receipts are available when you make a transfer to or from your PCCU account using one of our automated teller machines or point-of-sale terminals.

Fees. There are no monthly fees for using Online Banking. However, there are transaction and other fees associated with certain services that are available using Online Banking, which are set forth in the following Fee Schedule (“Fee Schedule”). Transactions involving your account(s) via PCCU Online Banking are considered the same as any other transaction in regard to service charges, overdrafts and other fees, terms and conditions as set forth in your account agreement. Any such fees will be deducted from your applicable PCCU account. You are also responsible for all telephone and internet service costs, fees and charges incurred by you to access Online Banking.

Limitations on Dollar Amount and Frequency of Transfers. We reserve the right to impose limitations on the frequency of transfers or dollar amounts of transfers for security purposes at any time. For transfer limitations, please contact us at (800) 626-2870 or (502) 968-3681.

Preauthorized Payments. If you have told PCCU in advance to make regular payments out of your account, you can stop any of these payments by contacting us at (502) 968-3681 or (800) 626-2870, by sending a message via Message Board in Online Banking or by writing us at PO Box 18630, Louisville, KY 40261-0630. Your request to stop a preauthorized payment must be received at least three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. Failure to return a written request with in the fourteen (14) day period will result in completion of the stop payment request and payment will occur as originally scheduled. If these regular payments may vary in amount, the person you are going to pay is required to notify you at least ten (10) days before each payment. Such notification must include when the payment will be made and the amount of the payment. You may choose instead to receive this notice only when the payment would differ more than a certain amount from the previous payment, or when the amount would fall outside a certain limit that you would set. If you order us to stop the payment of a preauthorized transfer at least three (3) business days before the transfer is scheduled and we do not do so, we will be liable for your loss or damages.

Important Information about Becoming an Authorized User. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. When you open an account, we will ask you for your name, address, date of birth and other information that will allow us to identify you. Applicants must provide two forms of identification. One form must be an unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard (driver’s license, state picture ID, passport, valid student ID or alien identification card). A second form of identification may include a Credit Report, military ID, employee ID, voter registration card, paycheck stub, public assistance card, Medicare/Medical card or insurance card. We may ask to see other identifying documents.

Error Resolution. (consumer/personal accounts only). IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, telephone us at (502) 968-3681 or (800) 626-2870 or write to us at the following address PO Box 18630, Louisville, KY 40261-0630 as soon as possible if you think your statement or receipt is incorrect, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we send the first statement on which the problem or error appeared. If writing, please include the following information: (a) Tell us your name and account number; (b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information; and (c) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business day after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. 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. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. For errors involving new accounts, POS, 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 notify you of the results within three (3) business days of 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.

Third Party Links. Links to other websites may be provided on the Website or in Online Banking for your convenience. PCCU does not endorse, sponsor or recommend such websites or the materials disseminated by or services provided by them. PCCU cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in any search results or otherwise linked to the Website. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Website. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. PCCU is not responsible for damages caused by advertisers on the Website that may send cookies to users. You also may not “frame” material on our Website without our express written permission.

Disruption of Service. Access to the Website or Online Banking may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, hardware or software failure, damage caused by weather, acts of God, earthquakes, accident, fire, water damage, explosion, strike or other stoppage of labor, governmental or regulatory restrictions, exchange rulings, court order or other causes beyond the control of PCCU. You agree that PCCU is not liable for any losses or damages incurred by you as a result of any disruption in services that limit or prevent your access to PCCU’s Website or Online Banking services.

Disclosure of Information. We will disclose information to third parties about your account or the transactions you make: (a) Where it is necessary for completing transactions; (b) Where it is necessary for activating additional services; (c) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (d) In order to comply with a governmental agency or court orders; (e) If you give us your written permission; or (f) In accordance with our Privacy Policy.

Privacy Policy. PCCU’s Privacy Policy is available on its Website. You consent to receive and access electronically the Privacy Policy. If you would like a copy of the Privacy Policy mailed to you, contact us at (502) 968-3681 or (800) 626-2870.

Member Liability for Unauthorized Transfers. (consumer/personal accounts only). Contact us AT ONCE at (502) 968-3681 or (800) 626-2870 if you believe your debit card (including HSA debit cards), ATM card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission. Telephoning is the best way to limit your potential losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your debit card, ATM card, HSA debit card or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your debit card, ATM card or PIN, and we can prove we could have stopped someone from using your debit card, ATM card or PIN without your permission if you had told us, you could lose as much as $500.

If your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

If you believe your debit card, ATM card or PIN, has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission (including by check), contact us at: (502) 968-3681 or (800) 626-2870. You may also write to us at: PO Box 18630, Louisville, KY 40261-0630.

Modifications to Agreement. PCCU reserves the right to change, add to or modify the terms and conditions of this Agreement at any time without notification to you, unless prior notification is required by law. If such a change is made, and it cannot be disclosed without jeopardizing the security of the system or credit union, this Agreement will be updated within thirty (30) days after the change. You may choose to accept or decline changes by continuing or discontinuing your use of Online Banking. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

Enhancements and Modifications to Service. Online Banking services are subject to change without notification to you, unless prior notification is required by law. By continuing to use Online Banking services, you agree to be bound by the terms and conditions of this Agreement, or any modifications to this Agreement, at that time.

Assignment. PCCU may assign its interest in this Agreement and the E-Sign Disclosure at any time without prior notice to you. We may also assign or delegate certain of our rights and responsibilities under this Agreement and the E-Sign Disclosure to independent contractors or other third parties.

Electronic Notices. Unless otherwise required by applicable law, all required notices or disclosures PCCU is required to provide you in writing will be sent to you electronically to your e-mail address as reflected in our records. It is your responsibility to update and keep current your email address in Online Banking.

Termination. Unless otherwise required by applicable law, PCCU may refuse to provide access to Online Banking and may terminate this Agreement and your access to Online Banking, in whole or in part, at any time without notice or cause. If access to Online Banking is reinstated in the sole discretion of PCCU, the terms and conditions of the then-current Agreement will control. You may cancel this Agreement at any time by providing us with written notice that you wish to cancel. Cancellation will be effective as of the date we receive the notice. Any cancellation or terminations will not affect your existing liability to us. Written notice may be mailed to PO Box 18630, Louisville, KY 40261-0630.

Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against PCCU must be resolved consistent with the governing account rules and regulations, as reflected in the Truth in Savings Disclosure.

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

Refusal to Transfer Funds. We will not be obligated to honor, in whole or in part, any transaction or instruction which: (a) Is not in accordance with any term or condition applicable to your PCCU account or Online Banking; (b) We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary; (c) The transfer involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; (d) Would violate any applicable rule or regulation of any other federal or state regulatory authority; (e) Is not in accordance with any other requirement of our applicable policies, procedures or practices; or (f) We have reasonable cause not to honor for our or your protection.

Indemnification. Except as specifically provided in this Agreement or by state or federal law, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your PCCU accounts, your breach of this Agreement or the performance of Online Banking. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Online Banking by you or your authorized representative

Third Parties. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of your Internet browser (such as Netscape, Internet Explorer, Foxfire or Safari), or browser provider, an Internet access provider, an account aggregator, an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or inability to obtain access to Online Banking.

Credit Union Liability. PCCU’s liability to you is explained in any agreements, notices and disclosures that we separately provide to you from time to time regarding your PCCU accounts and Online Banking. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices or disclosures. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance in the following circumstances: (a) If, through no fault of ours, you do not have enough money in your account to make the transfer; (b) If the PCCU’s Online Banking system was not working properly and you knew it was not working properly when you started the transfer; (c) If the transfer would go over the credit limit on your overdraft line of credit (if applicable); (d) If we have reason to believe that transactions involving your account(s) may be unauthorized, fraudulent, illegal or otherwise improper; (e) If circumstances beyond our control, (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; (f) Access to the service is unavailable for the following reasons: scheduled maintenance, unscheduled maintenance and system outages; or (g) There may be other exceptions stated in our agreements with you. Under no circumstances will we have any liability to you for failing to provide you access to your PCCU accounts via Online Services.

IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

You are responsible for the installation, maintenance, upgrades and updates to your computer and the software used to access Online Banking. We are not responsible for any errors or failures from any malfunction of your computer or the software, nor are we responsible for any computer virus or related problems that may be associated with the use of Online Banking.

Federally insured by NCUA.

 

 

 

 

 

 

Mobile Banking Agreement

 

Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online 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 Park Community Credit Union account information, transfer funds and conduct other banking transactions. We reserve the right to limit the types and number of accounts 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 Service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Park Community Credit Union 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.

Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, 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 Service or your Device.

Other Agreements. 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 your use 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.

Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the 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.

Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via 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 agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.

User Security. 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 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 your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is 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.

User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (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 computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.