Mobile Terms & Conditions
People’s United Bank, N.A.
Mobile Banking Services Addendum
These Mobile Banking Services are provided to you by People's United Bank, N.A. and are powered by a third party (the "Licensor") mobile technology solution. Section A of this Mobile Banking Service Addendum is the legal agreement between you and People's United Bank. Section B of this Service Addendum is a legal agreement between you and the Licensor.
This Addendum is in addition to and part of the terms of the People’s United Bank, N.A. Online Electronic Services Agreement (“the Agreement”) and governs your use of certain online banking services accessed via cell phone or other handheld mobile device (a “Mobile Device”) as described below (“Mobile Banking” or “MBS”). We may offer additional MBS services and features in the future. Any added Mobile Banking services and features will be governed by this Addendum and the Agreement, and by any terms and conditions provided to you at the time the new MBS service or feature is added or at the time of enrollment for the feature or service, if applicable.
By using Mobile Banking Services, you accept and agree to all of the terms, conditions and notices contained in this the Addendum and the Agreement and accept responsibility for your use of the MBS in accordance with the terms of this Addendum and the Agreement. Further, as more specifically set out your use of the MBS 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 through MBS such as the Online Electronic Services Agreement (the “Agreement”), the Consumer Deposit Account Agreement (CDAA), Funds Availability Policy and Electronic Funds Transfer Agreement. Please read this Addendum and the Agreement, and all such additional agreements carefully before using the MBS, and keep a copy for your records.
In this Addendum, the words “you” and “your” mean each People’s United Bank online banking user who has registered for the MBS and the terms “People’s United”, “we”, “our”, and “us” refer to People’s United Bank, its successors and assigns. Unless otherwise defined in this Addendum, all capitalized terms shall have the meanings given to them in the Agreement. This Addendum covers only the MBS, and it shall not be construed to apply to other products and services.
People's United United Bank Mobile Banking is a personal financial information management service 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/mobile. Not all of the products and services available through People’s United Online Banking are available through MBS. And depending on the type of mobile device and service you select, not all banking services are available. Additional customer eligibility requirements apply to services provided through Mobile Banking.
3. Fees charged by People’s United for Mobile Banking.
Mobile Banking is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of MBS. If you continue using MBS after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Any applicable fee for MBS may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law.
4. Third Party Wireless Carrier Fees.
You are solely responsible for fees, including web access, cellular and/or data or text message charges that may be billed by your mobile carrier based on your individual plan. Your wireless carrier’s standard messaging rates apply to SMS correspondence. People’s United does not charge for any content; however, downloadable content may incur additional charges from you wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your wireless carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed and payable to your wireless carrier.
5. People’s United Consumer Mobile SMS Banking Services Wireless Carrier Restrictions.
Please note the following wireless carrier restrictions
- Wireless Carriers are not liable for delayed or undelivered messages
- One Text per query
- Message and Data Rates may apply
The following is a list of wireless carriers through which you can access People’s United Consumer SMS Banking Services.
6. Your Use of People’s United Consumer SMS Banking Services.
a. You represent that you are the owner, or authorized user of the wireless device you use to receive the service and that you are authorized to approve the applicable charges.
b. Opt in to SMS Banking requires enrollment completed through your online banking profile. To opt out text STOP to 84421 at any time.
c. We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
d. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
e. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
f. The service as well as the content and materials received through the service are proprietary to us and our licensors, and are for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
g. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
h. If you have any questions, call us at 800-525-9248. You can also text the word HELP to 84421 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 84421. We do not charge for help or info messages; however, Message and Data Rates May Apply.
7. Amendment, Termination or Suspension of Services.
Except as otherwise required by law, we may in our sole discretion change these terms, and modify or cancel MBS, 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, this Addendum or the Agreement. When changes are made we will update this Addendum on www.peoples.com/mobile. 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 this Addendum will be updated within a commercially reasonable period of time. You will be notified of changes to the Addendum which materially affect your rights. By continuing to use the MBS after such notice of any change, you agree to the change.
We may terminate or suspend all or any part of the MBS at any time, in our discretion, without notice to you, and without liability to you. No termination of the MBS or any part thereof will affect your liability or obligations under this Addendum or the Agreement accruing prior to the date of termination or any provisions of this Addendum or the Agreement which, by their nature or by express provision, are intended to survive termination. When you ask us to activate MBS, and each time you use or allow others to use MBS, you confirm your agreement to abide and be bound by the terms and conditions of MBS and this Addendum as in effect at that time. If you authorize someone else to use your MBS, you agree to notify us immediately if you have withdrawn your authorization. MBS is not intended to replace access to your People's United Online services from your personal computer. People's United may limit the types and number of accounts eligible for MBS at any time.
You shall immediately install any upgrades, patches or fixes required for security reasons or otherwise for the proper functioning of the MBS, regardless of whether requested by us or our services providers.
In order to access MBS, you must have a cell phone or other handheld device that can send and receive information using the technology that supports this Service (a "Mobile Device"). If you wish to deposit checks or items using MBS your Mobile Device also must have a camera. MBS may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported. The list of Mobile Devices that currently support MBS is set forth at www.peoples.com/mobiledevice; however, this list is subject to change from time to time to reflect changes in the Mobile Devices and telecommunications carriers that support MBS. You are responsible for periodically referring to the www.peoples.com/mobiledevice to determine currently supported mobile service providers, carriers, and Mobile Devices. The technical standards required to access and use MBS (the "Mobile Technical Standards") may vary among the types of Mobile Devices and telecommunications carriers that support MBS, and may be updated from time to time by the carriers. You are responsible for satisfying any Mobile Technical Standards. Those Mobile Technical Standards that carriers have provided to People's United are found at www.peoples.com/mobiledevice. You understand and agree that Licensor or the telecommunication carriers may modify the supported Mobile Devices and/or the Mobile Technical Standards at any time, without prior notice, and that Licensor, the telecommunication carriers and People's United shall not be liable to you for your failure to access or use MBS due to any such modifications.
Further, any Mobile Application is licensed to you "AS IS" without any warranty. PEOPLE'S UNITED DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY MOBILE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You release People's United, its service providers, affiliates and all other parties from all claims and damages that may arise from or relate to your use of any Mobile Application. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application.
9. Check Deposits using Mobile Banking.
You may deposit certain checks using MBS to your checking, savings or money market accounts from home 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.
a. Account Owner Eligibility and Check Deposit Limits
In order to enroll in the check deposit services, you must be an authorized signer or an owner either individually or jointly of a People's United deposit account that is eligible for this service and be approved by People's United. In addition, your account must be in good standing with less than two overdrafts in the past month.
People's United will apply limits on the dollar amount of and 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 will depend on how long you have been a customer of People's United and the balances you maintain in all of your accounts held at People's United Bank including checking, savings, money market, certificate of deposit, IRA and brokerage accounts regardless of eligibility for mobile check deposit.
If you have been a customer for more than ninety (90) days, we have three categories of limits based on your collected monthly balances. Customer tiers will be reviewed by People's United and updated monthly. The categories are:
Bronze: Customer has maintained an average collected monthly balances for the last ninety (90) days of less than $10,000.00.
Silver: Customer has maintained an average collected monthly balances for the last ninety (90) days of between $10,000.00 and $19,999.99.
Gold: Customer has maintained an average collected monthly balances for the last ninety (90) days of greater than $20,000.00.
Platinum: Wealth Management Advantage Checking Customers who meet minimum aggregate balance requirements. Please contact your financial consultant for information regarding required balances for the Platinum tier.
The per check, per day, and 10 Business Day limits for each of these categories is as follows:
If you are a customer of People's United for less than ninety (90) days and your aggregate opening deposit balance is less than $10,000, the limits set out below will apply. If you are a customer of People's United for less than ninety (90) days but your aggregate opening deposit balance is $10,000.00 or more, you will be eligible for the Bronze tier described above. These initial limits will remain in effect for the 90 day period.
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 this Addendum or such other items as we, in our sole discretion, elect to include in this service.
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 MBS 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 CDAA.
- Checks drawn on a home equity line of credit.
Nothing in this Addendum 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 Addendum.
c. Image Quality
The image of a check or item transmitted to People's United using Mobile Banking 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 MBS 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 MBS, 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 CDAA, 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 MBS, 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 MBS, 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.
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 MBS.
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.
10. Mobile Banking Service Limitations.
It is important that you understand the limitations of the MBS, 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 MBS may become quickly outdated.
Because MBS is accessible only through your Mobile Device, your access to MBS may be limited by the service provided by your telecommunications carrier.
There may be technical or other difficulties related to MBS. These difficulties may result in loss of data, personalized settings or other MBS 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 MBS; nor for the delivery or the accuracy of any information requested or provided through MBS.
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 MBS, nor guaranty that you will have continuous or uninterrupted access to MBS. We are not responsible for any delay, failure or error in the transmission or content of information provided through MBS. 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 MBS, from any inaccurate information provided through MBS, from your use of or reliance on any information provided through MBS, or from your inability to access MBS.
We will not be liable to you for any losses caused by your failure to properly use MBS or your Mobile Device. We reserve the right to refuse to make any transaction you request through MBS for any reason. You agree and understand that MBS may not be accessible or may have limited utility over some mobile networks, such as while roaming.
You agree to exercise caution when utilizing MBS 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 MBS (including, without limitation, any text message alerts) reflects the most recent account information available through MBS 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 the Online Banking Service may not be available using MBS.
You understand that the MBS 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 MBS due to the acts or omissions of Licensor or its agents.
In addition to the safeguarding and security provisions set forth in the Agreement, the following provisions shall apply to your use of MBS:
Once you have registered for MBS, 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. MBS 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 MBS, you agree to protect all Login Codes associated with your accounts and the MBS, 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 your personal identification information, such as your driver's license, 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.
12. Additional Usage Obligations.
When you use the Mobile Banking Service to access your Service Accounts, you agree to the following terms (which terms shall survive the termination of this Addendum or the 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 MBS. You represent and agree that all information you provide to us in connection with MBS is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating MBS. 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 MBS only in connection with your proper use of MBS. You may not copy, reproduce, distribute, or create derivative works from this content.
c) User Conduct. You agree not to use MBS or the content or information delivered through MBS 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 MBS software or the Mobile Applications, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of MBS 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 MBS, (ix) interfere with or disrupt the use of MBS 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 that MBS is for personal use only. You agree not to resell or make commercial use of MBS.
e) You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using MBS. You agree not to leave your Mobile Device unattended while logged into MBS 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 MBS, you agree to cancel your MBS 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 MBS.
f) You agree not to access or use the MBS from locations outside of the United States.
g) You agree to notify us immediately to disable MBS 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 MBS, you hereby consent to the exchange of such information between us and such service providers.
13. Exclusion of Warranties; Limitation of Liability; Indemnification.
Limitations on People's United's liability are described in the CDAA, EFT Agreement, and the Agreement. In addition:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MBS IS AT YOUR SOLE RISK. MBS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MBS 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 MBS WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MBS (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MBS) 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 MBS, OR THE USE OF MBS BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE MBS, 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 MBS and to enhance your experience when using PUB Mobile Services. To read our privacy statement, visit www.peoples.com/privacy.
b) We reserve the right to block access or delete MBS software from your Mobile Device if we or our agents or MBS service providers have reason to believe you are misusing the MBS or otherwise not complying with this Addendum or the 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 MBS to any other language and we are not responsible for the accuracy of any third party translating services.
d) For assistance with our Mobile Bank Services visit www.peoples.com/help or call 1-800-894-0300 or visit a local People's United Bank branch. Do not attempt to contact a People’s United representative via SMS text or any form of unencrypted message. People’s United will never contact you via email, text message or other means for purposes of obtaining your sensitive information, passwords or mobile phone information (SIM card #, serial #, IMEI#).
f) People's United reserves the right to employ "cookie" technology to as a prerequisite for your use of MBS. You must allow the use of "cookies" or MBS 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 their 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 MBS for as long as you are enrolled in MBS.
k) We specifically do not warrant that MBS 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 this Addendum or the 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).
15. Third Party Beneficiaries.
You agree that our MBS service providers (including any provider of the Mobile Application or other MBS software) may rely upon your agreements and representations in this Agreement, 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.
16. Governing Law/Venue
Section A of this Addendum 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 this Addendum will be enforced in the courts of the state whose laws apply to Section A of this Addendum, 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 Addendum 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.
17. Change in Law/Unenforceability
If any clause of this Addendum 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 License Agreement, (hereafter referred to as "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.
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 Florida 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 License Agreement are subject to the exclusive jurisdiction of the courts of Florida 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.