Business Mobile Terms and Conditions
Business Mobile Banking Terms and Conditions END USER TERMS
This service is provided to you by People's United Bank and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and People's United Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
PEOPLE'S UNITED BANK TERMS AND CONDITIONS
Thank you for using People's United Bank Mobile Banking for Business ("the Services" or "MBB").
In case of questions please contact customer service call 1.800.525.9248.
Terms and Conditions
The Service is separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from People's United Bank. 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.
MBB is provided by People's United Bank and not by any other third party. You and People's United Bank are solely responsible for the content transmitted through the text messages sent to and from People's United Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
These Mobile Banking for Business Terms and Conditions ("Terms and Conditions") are part of the People's United Business Online Banking (eTreasury+) Agreement (the "eTreasury+ Agreement") and is hereby incorporated by reference into the eTreasury+ Agreement. In the event of inconsistency between these Terms and Conditions and the eTreasury+ Agreement, these Terms and Conditions will apply unless otherwise provided in these Terms and Conditions.
These Terms and Conditions govern your use of certain online banking services via cell phone or other handheld mobile device (a "Mobile Device") as described below. We may offer additional mobile banking services and features in the future. Any added mobile banking services and features will be governed by these Terms and Conditions and the eTreasury+ Agreement, and by any terms and conditions provided to you at the time the new service or feature is added or at the time of enrollment for the feature or service, if applicable.
By using the Service, you accept and agree to all of the terms, conditions and notices contained in these Terms and Conditions and the eTreasury+ Agreement and accept responsibility for your use of MBB in accordance with the terms of this Addendum and the eTreasury+ Agreement. Further, as more specifically set out your use of the mobile banking is subject to the terms and conditions of any agreement between you and People's United Bank that is applicable to the products and/or services accessed the Service such as the People's United Business Deposit Account Contract (BDAC) including the Business Deposit Funds Availability Policy and the Business Electronic Banking Agreement. Please read these Terms and Conditions and the eTreasury+ Agreement, and all such additional agreements carefully before using the Service, and keep a copy for your records.
In these Terms and Conditions, the words "we, "us, "our", "the Bank" and People's United mean People's United Bank. The words "you" and "your" and "your company" mean any person or entity that as a business deposit account with us that may be accessed through eTreasury+ and includes each person acting on behalf of such entity. An entity includes sole proprietorships, partnerships, joint ventures, limited liability companies, corporations, professional corporations, not-for-profit associations and corporations, government agencies, municipalities and other such organizations. Unless otherwise defined in these Terms and Conditions, all capitalized terms shall have the meanings given to them in the eTreasury+ Agreement. These Terms and Conditions cover only MBB, and it shall not be construed to apply to other products and services.
2. Amendment, Termination or Suspension of Service.
Except as otherwise required by law, we may in our sole discretion change these Terms and Conditions, and modify or cancel the Service, features we offer, from time to time and at any time, without notice. This may include adding new or different terms to, or removing terms from, these Terms and Conditions or the eTreasury+ Agreement. When changes are made we will update these Terms and Conditions on www.peoples.com/businessmobileterms. The www.peoples.com/mobile website will be updated on or before the effective date, unless (i) the Licensor has made a modification and did not provide People's United with advance notice; or (ii) an immediate change is necessary to maintain security or to prevent fraud; or (iii) a legal requirement requires immediate change; in which event these Terms and Conditions will be updated within a commercially reasonable period of time. You will be notified of changes to these Terms and Conditions which materially affect your rights. By continuing to use MBB after such notice of any change, you agree to the change. We may terminate or suspend all or any part of the Service at any time, in our discretion, without notice to you, and without liability to you. No termination of MBB or any part thereof will affect your liability or obligations under these Terms and Conditions or the eTreasury+ Agreement accruing prior to the date of termination or any provisions of these Terms and Conditions or the eTreasury+ Agreement which, by their nature or by express provision, are intended to survive termination. When you ask us to activate MBB, and each time you use or allow others to use MBB, you confirm your agreement to abide and be bound by the terms and conditions of MBB and these Terms and Conditions as in effect at that time. If you authorize someone else to use your MBB, you agree to notify us immediately if you have withdrawn your authorization. MBB is not intended to replace access to your People's United Business Online Banking services from your personal computer. People's United may limit the types and number of accounts eligible for MBB at any time.
You shall immediately install any upgrades, patches or fixes required for security reasons or otherwise for the proper functioning of the MBB, regardless of whether requested by us or our services providers.
People's United Bank Mobile Banking for Business is a financial information management service for business that allows you to access certain account information and perform certain transactions, including depositing certain types of checks, using a Mobile Device, all as are described on our website at www.peoples.com/businessmobile. Not all of the products and services available through People's Business Online Banking are available through MBB. And depending on the type of mobile device and service you select, not all banking services are available; please see the description of these limitations. Additional customer eligibility requirements apply to services provided through MBB.
Enrollment for the Services is at the discretion of the Bank and may be subject to Bank review. The Bank reserves the right revoke access to MBB if we determine that you have violated these Terms and Conditions.
The Bank reserves the right to impose a fee or to change any fees for the Services and will notify you of any fees for the use of MBB in accordance with applicable law or these Terms and Conditions.
You may deposit certain checks using MBB to your business checking, business savings or business money market accounts from your office or other remote location using a Mobile Device capable of capturing electronic images of the front and back of certain eligible checks and transmitting to People's United or its designated processor the images and other deposit information including but not limited to the magnetic ink character recognition ("MICR") line.
In order to be entitled for the check deposit service, you must be the Primary User of the eTreasury+ profile or be a sub-user for which your Primary or Administrative User has enabled you and the People's United deposit account must be eligible for this service and be approved by People's United. User roles and their responsibilities, as well as limitations on authority are outlined in the eTreasury+ Agreement.
a. Account Eligibility and Check Deposit Limits
People’s United will apply limits on the dollar amount of a number of checks you may deposit in a day and over a multi-day period meaning 10 Business Days. The limits that we will apply depend on how long you have maintained the checking account(s) with People’s United and the balances you maintain in all of your accounts held at People’s United including checking, savings money market, certificates of deposit and brokerage accounts regardless of account eligibility for mobile banking.
If any owner or authorized signer of your company has maintained company checking account(s) eligible for mobile banking for more than ninety (90) days and the eligible checking account(s) has been in good standing, we have three categories of limits based on your aggregate collected monthly balance in each eligible checking account. Established customer tiers will be reviewed by People’s United and updated monthly. The established customer tiers are:
Bronze Tier: A customer is placed in this tier if any related business entity established on the Business eBanking profile has maintained aggregate average collected monthly balances for the last ninety (90) days of less than $10,000.
Silver Tier: Customer is placed in the Silver category if any related business entity established on the Business eBanking profile has maintained an aggregate deposit balances between $10,000.00 and $19,999.99 for the last ninety (90) days.
Gold Tier: Customer is placed in the Gold category if any related business entity established on the Business eBanking profile has maintained an aggregate average collected deposit balances of equal to or greater than $20,000.00 for the last ninety (90) days.
The per day and 10 Business Day limits for each of these categories is as follows:
|Deposit Level Limits|
|Deposit Level Limits|
|Deposit Level Limits|
New Customer Tier:
If none of your company's owners and authorized signers has maintained company checking account(s) for more than 90 days and the aggregate opening deposit balances are between $.01 and $9,999.00, the tiers are set out below.
|Deposit Level Limits|
If Customer’s or any related entity’s Business eBanking profile is less than 90 days old, but the aggregate deposit balance at account opening is between $10,000 and $19,000 at account opening, the Bronze Tier Depositor/Deposit limits apply.
We reserve the right to change applicable limits on the amount(s) and/or the number of deposits over a period of time set by us that you transmit using the Service and to modify such limits from time to time.
We will review business accounts daily for returned deposited items. If you have ten (10) or more returned deposit items on a checking account, we will disable mobile banking capability for that checking account for the remainder of the calendar year in which the returned deposit items occurred.
b. Eligible Checks
You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC") and only those checks that are permissible under these Terms and Conditions or such other items as we, in our sole discretion, elect to include in Mobile Banking for Business.
You agree that the image of the check transmitted to us shall be an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Connecticut. You agree that you will not use the MBB to deposit any checks or items as shown below:
- Checks or items payable to any person or entity other than you, or to you and another party.
- Checks or items containing alterations to any of the fields on the front of the check or item (including the MICR line), 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.
- Checks or items previously converted to a substitute check, as defined under Reg CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
- Checks or items on which a stop payment has been issued or for which there are insufficient funds.
- Checks or items that are not otherwise acceptable under the terms of the BDAC.
- Checks drawn on a line of credit of any kind, consumer or business.
Nothing in these Terms and Conditions shall be construed as requiring People's United to accept any check or item for deposit, even if People's United has accepted that type of check or item previously. People's United shall not be required to identify or reject any check or items that you may scan and deposit that fail to meet the requirements of this MBB T&C.
c. Image Quality
The image of a check or item transmitted to People's United using MBB must be legible. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by us, and with any requirements set by any clearing house we may use or agreement we have with respect to the processing checks or items. You agree that we shall not be liable for any damages resulting from a check or item's poor image quality, including those related to rejection of or delayed or improper crediting of such a check or item or from any inaccurate information you supply regarding the check or item.
d. Endorsements and Procedures
Before transmission you agree to endorse any check or item transmitted through the Mobile Banking exactly as the check or item is made payable. You agree to follow any and all other procedures and instructions for use MBB as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through Mobile Banking.
e. Receipt of Checks and Items, Crediting
We reserve the right to reject any check or item transmitted through MBB, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this Addendum or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive confirmation from People's United that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.
As provided in the BDAC, deposits received and accepted before 7:00 pm Eastern Time (the "Cutoff Time") on a Business Day will be available the next Business Day. Deposits received and accepted after the Cutoff Time on a Business Day or deposited on a non-Business Day will be available on the second Business Day after the day of deposit. People's United may establish later Cutoff Times for checks or items deposited via Mobile Banking. In the event that People's United establishes earlier or later Cutoff Times for checks and items deposited via MBB, we reserve the right to change the Cutoff Times at any time as permitted by law. Regardless of whether People's United establishes earlier or later Cutoff Times for checks and items deposited via MBB, you understand and agree that checks and items must be received and accepted by People's United before the applicable Cutoff Time and must not be incomplete, illegible or erroneous to be eligible for next Business Day availability.
We reserve the right to impose limits on the amount(s) and/or the number of deposits (over a period of time set by us that you transmit using the Service and to modify such limits from time to time.
f. Disposal of Transmitted Checks and Items
Upon your receipt of confirmation from People's United that we have received the image of an item, you must retain the original check or item in a secure location for fifteen (15) days from the date of transmission. You will promptly mark each imaged item as "Electronically Presented" or "Void." Upon request, you will promptly provide any check or item, or a sufficient copy of the front and back of the item to People's United as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item or for People's United audit purposes. You agree never to represent to us or any other party a check or item that has been deposited through Mobile Banking unless we notify you that the check or item will not be accepted for deposit through MBB.
g. Promises You Make to Us; Indemnity.
You will only transmit eligible checks and items;
Images will meet People's United image quality standards in effect from time to time;
You will not store or make a back-up copy of any electronic item;
You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party;
You will not deposit or represent the original check or item to People's United or any other party;
All information you provide to People's United is accurate and true, including that all images transmitted to People's United accurately reflect the front and back of the check or item at the time it was scanned.
7. Mobile Business Banking Limitations.
It is important that you understand the limitations of MBB, including but not limited to the following:
The balance of your accounts may change at any time as we process items and fees against your accounts, and the information provided to you through MBB may become quickly outdated.
Because MBB is accessible only through your Mobile Device, your access to the Services may be limited by the service provided by your telecommunications carrier.
There may be technical or other difficulties related to MBB. These difficulties may result in loss of data, personalized settings or other MBB interruptions. Neither People's United nor its service providers assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of the Services; nor for the delivery or the accuracy of any information requested or provided through MBB.
Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Mobile Device or mobile network which you utilize to access the Services, nor guaranty that you will have continuous or uninterrupted access to MBB. We are not responsible for any delay, failure or error in the transmission or content of information provided through MBB. Neither we nor any of our service providers and affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through MBB, from any inaccurate information provided through MBB, from your use of or reliance on any information provided through the Services, or from your inability to access MBB.
We will not be liable to you for any losses caused by your failure to properly use the Services or your Mobile Device. We reserve the right to refuse to make any transaction you request through MBB for any reason. You agree and understand that MBB may not be accessible or may have limited utility over some mobile networks, such as while roaming.
You agree to exercise caution when utilizing the Services and/or the Mobile Application on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
Financial information obtained through MBB (including, without limitation, any text message alerts) reflects the most recent account information available through MBB and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features and functions available through Business Online Banking Service may not be available using MBB.
You understand that the Services are provided by People's United through the Licensor, and People's United shall not be liable to you for any modification, interruption or termination of all or any portion of the MBB due to the acts or omissions of Licensor or its agents.
In addition to the safeguarding and security provisions set forth in the eTreasury+ Agreement, the following provisions shall apply to your use of MBB:
Once you have registered for the Service, your Mobile Device may be used to obtain information about your Mobile Accounts, and perform transactions on and make transfers between Mobile Accounts. You are responsible for maintaining the security of your Mobile Device and you are responsible for all transfers made using your Mobile Device. MBB will display sensitive information about your Mobile Accounts, including balances and transfer amounts. Anyone with access to your Mobile Device may be able to view this information.
In order to prevent misuse of your accounts through MBB, you agree to protect all Login Codes associated with your accounts and the MBB, and to monitor your accounts on a daily basis.
In addition to protecting your Login Codes and other account information, you should also take precautions to protect any personal identification information, such as a driver's license number, Social Security Number, etc. This information by itself or together with other account information may allow unauthorized access to your accounts. You are also responsible for protecting and securing all information and data stored in your Mobile Device.
9. Additional Usage Obligations.
When you use the Service to access your Accounts, you agree to the following terms (which terms shall survive the termination of these Terms and Conditions or the eTreasury+ Agreement):
a) Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed through MBB. You represent and agree that all information you provide to us in connection with MBB is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating MBB. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
b) Proprietary Rights. You are permitted to use content delivered to you through MBB only in connection with your proper use of MBB. You may not copy, reproduce, distribute, or create derivative works from this content.
c) User Conduct. You agree not to use MBB or the content or information delivered through MBB in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in MBB software or the Mobile Applications, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of MBB to impersonate another person or entity, (iii) 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), (iv) be false, misleading or inaccurate, (v) 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, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to MBB, (ix) interfere with or disrupt the use of MBB by any other user, (x) result in unauthorized entry or access to the computer systems or networks of others; (xi) send unsolicited electronic mail messages (also known as spam).
d) No Commercial Use or Re-Sale. You agree not to resell or make commercial use of MBB.
e) You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using MBB. You agree not to leave your Mobile Device unattended while logged into MBB and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to notify us immediately if you lose, or change or cancel the number of, your Mobile Device. If you believe that someone may have unauthorized access to your MBB, you agree to cancel your MBB associated with the Mobile Device immediately. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your accounts. You agree to comply with all applicable laws, rules and regulations in connection with MBB.
f) You agree not to access or use the MBB from locations outside of the United States.
g) You agree to notify us immediately to disable MBB from your Mobile Device if your Login Code has been compromised, lost, stolen or used without your authorization, or if your Mobile Device has become compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the Login Code. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one).
h) To the extent that we or our service providers require information about you in order to provide MBB, you hereby consent to the exchange of such information between us and such service providers.
10. Exclusion of Warranties; Limitation of Liability; Indemnification.
Limitations on People's United's liability are described in the BDAC and the eTreasury+ Agreement. In addition: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MBB IS AT YOUR SOLE RISK. MBB ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MBB IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND PEOPLE'S UNITED IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. PEOPLE'S UNITED MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEOPLE'S UNITED OR THROUGH OR FROM YOUR USE OF MBB WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MBB (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MBB) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE MOBILE BANKING SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF MBB, OR THE USE OF MBB BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE MBB, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.
a) Consent to use of Data. You agree that People's United may collect information about your Mobile Device, system and application software in connection with offering and operating MBB and to enhance your experience when using MBB. To read our privacy statement, visit www.peoples.com/privacy.
b) We reserve the right to block access or delete MBB software from your Mobile Device if we or our agents or MBB service providers have reason to believe you are misusing the MBB or otherwise not complying with these Terms and Conditions or eTreasury+ Agreement, or have reason to suspect your Mobile Device has been infected with malicious software or virus.
c) People's United is not responsible for translating any of the information contained within MBB to any other language and we are not responsible for the accuracy of any third party translating services.
d) For assistance with our mobile banking Service visit www.peoples.com/helpcenter or call 1-800-525-9248 or visit a local People's United Bank branch. Do not attempt to communicate with a People's United Bank representative via SMS Text Messaging or any form of unencrypted electronic message.
f) People's United reserves the right to employ "cookie" technology to as a prerequisite for your use of MBB. You must allow the use of "cookies" or MBB may not function as intended.
g) You are responsible for their own acquisition, upkeep and management of your Mobile Devices. Further, you are responsible for procuring your own network or cellular connections. People's United does not provide internet or cellular connectivity or the devices associated with the use of this service.
h) You are responsible for the accuracy of your data entry and use of the application when accessing accounts and conducting transactions. People's United is not liable for errors caused by your misuse or error. This includes any error caused by "pre-filling" or automated entry done on your behalf by the device, system or application software.
i) You are responsible for keeping all account and login information private and ensuring that you do not download viruses or malicious software that could put you confidential information at risk.
j) People's United maintains the right to contact you via your Mobile Device as a means to relay important account information or information about the use of MBB for as long as you are enrolled in MBB.
k) We specifically do not warrant that MBB will function in any foreign countries.
l) People's United locations and driving directions are provided to you as convenience and we are not liable for the accuracy or effectiveness of the information. We are not liable for death or damage as it relates to the use of such location services.
m) People's United shall not be liable for any failure to perform its obligations under these Terms and Conditions or the eTreasury+ Agreement due to the occurrence of an event beyond our control (including without limitation as fire, flood, power outage, acts of God, government or civil authority, civil or labor disturbance, war, riots, or the failure of our service providers to perform).
12. Third Party Beneficiaries.
You agree that our MBB service providers (including any provider of the Mobile Application or other MBB software) may rely upon your agreements and representations in these Terms and Conditions, and such service providers are third party beneficiaries of such agreements and representations, with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.
13. Governing Law/Venue
Section A of these Terms and Conditions and all services offered by us will be governed by federal law and by applicable state law without reference to principles of conflict of laws. Applicable state law shall govern only to the extent not preempted or superseded by federal laws, rules, or regulations. The applicable state law will be the law of the state where the account was opened. If your account is not opened in person and if we have a deposit-taking branch in the state of your residence, the law of the state of your residence shall govern, otherwise the law of the state of our home office shall govern. Currently, our home office is located in Connecticut.
Section A of these Terms and Conditions will be enforced in the courts of the state whose laws apply to Section A, to the extent not superseded, and you consent and agree to the jurisdiction of those courts. You agree to bring any action or legal proceeding arising out of or connected with Section A of this these Terms and Conditions in the county where your account is located. Unless your account has been relocated, your account is located in the branch where it was opened. You may contact us at the Call Center to confirm where your account is located.
14. Change in Law/Unenforceability
If any clause of these Terms and Conditions is or becomes unenforceable under federal or state law or regulation, the remaining clauses will remain in effect and fully enforceable.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. 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").
2. License. Subject to the terms and conditions of this End User License Agreement Terms for the Downloadable App ("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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.