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This agreement sets forth the terms and conditions for use of the Mobile Banking Services ("Services") and any related Software ("Software") provided by Fremont Bank ("the Bank") combined with your handheld's text messaging or Web capabilities. Please read it carefully, as your use of any of the Services will be deemed evidence of your agreement to its terms.
By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to the terms and conditions of the deposit account agreements and disclosures for each of your bank accounts and any terms and conditions to which you have previously agreed with respect to Online Banking and Bill Pay services of which the Service is a part. The Bank in its discretion may modify these terms and conditions at any time. If the change would result in increased bank fees for any Services and Software, we agree to give you notice at least 30 days before the effective date of any such change. Messaging and data charges from your telephone carrier may apply. The Bank recommends you review your contract with your individual mobile carrier service before enrolling in Services.
Terms and Conditions:
Program: The Bank offers our clients mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). The Bank also offers additional mobile banking functions like bill payment and internal transfers, to clients using a mobile internet browser.
Enrollment requires you to be an owner of a Fremont Bank account, identification of the user's banking relationship with the Bank as well as providing a mobile phone number with either or both a text plan and data plan with a carrier, depending on which Services and Software you choose to use. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, users may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the user. This program will be ongoing. Standard messaging charges from your mobile carrier service apply. Users will be allowed to opt out of this program at any time.
The Bank is not obligated to monitor for the receipt of any alerts, nor is the Bank responsible for missed alerts due to service interruption or changes to your mobile handheld device. The Bank does not guarantee the timely delivery, execution, or the transmission of content provided by your mobile carrier service. The Bank will be unable to review or to respond to any attempted reply to any alert.
Online banking is required in order to use some optional features of Services and Software such as bill payments. Please refer to the applicable Terms and Conditions for Online Banking and Bill Payment services prior to enrollment for Online Banking and/or Bill Payment.
The Bank will not be responsible for the delay of notification, accuracy of information or actions taken or not taken by you as a result of an Alert. You or the Bank may terminate alerts at any time without prior notification.
If you choose to use the Transfer or Bill Pay functions of Services and Software when you access Services using a mobile internet enabled device, you recognize that any requirement to verify two signatures on checks, if such requirement exists on your Fremont Bank accounts, does not apply to electronic transfers and you release the Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your bank accounts shall be authorized by you to individually make electronic or telephone transfers, even though that persons authority to transfer or withdraw funds from your bank accounts by some other means (e.g., by check) must be exercised jointly with one or more other persons.
Transfers initiated before 8:00 pm (Pacific Time) on a business day are posted to your account the same day. Transfers completed after 8:00 pm (Pacific Time) on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. If your account has insufficient funds to perform all electronic funds transfers ("EFT") you have requested for a given business day, then EFT initiated through Services and Software which result in an overdraft of your account may, at our discretion, be cancelled, reversed, or denied. In the event the EFT initiated through Services and Software which would result in an overdraft of your account are not cancelled or reversed, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. Refer to your deposit account disclosures received when you opened such account for additional information on Error Resolution. In case of errors or questions about your electronic funds transfers including bill payments or contact us at 1-800-359-BANK (2265).
Questions: You can contact us at email@example.com or 800-359-BANK (2265).
To Stop the Program: Log in to online banking and go to Options and Manage Device(s); from the My Phones tab; choose the stop using this phone for Mobile Banking from the drop down list and click Go. To stop text alerts from coming to your phone, you can text "stop" to 99588. Contact us at firstname.lastname@example.org or 800-359-Bank (2265) for help with managing these services.
By accepting these terms and conditions and by using Services and Software, you acknowledge awareness of these best practices and your intention to follow these basic steps to safeguard your mobile banking capabilities:
- Lock your mobile handheld device using a password, if this is a feature of your device.
- Disable the Bluetooth feature when not in use, if this is a feature of your device.
- Download only from sources you deem trustworthy.
- Use the remote-wipe software or device feature to clear the data on your device in case you lose it.
- Activate bank alerts that can inform you when large amounts are withdrawn from your bank accounts.
In the event you do not uphold these terms and conditions, you agree and acknowledge that the Bank may cancel your service at any time without prior notice. The Bank may at any time, without prior notice suspend temporarily or permanently terminate Services and Software due to inappropriate use or activity, or if your access to your account(s) is restricted by the Bank or any other party for any reason. The Bank will automatically terminate the Services and Software should you cease to maintain an eligible account with the Bank.
CONTACT US AT ONCE if you believe your mobile handheld device has been lost, stolen or used without your authorization, or otherwise compromised. You assume full responsibility for the security and confidentiality of your mobile handheld device, mobile phone number, passwords and personal identification numbers used to access Services and Software.
You can use Services and/or Software seven days a week, 24 hours a day. At certain times, some or all Services may not be available due to system maintenance or other reasons beyond the control of the Bank or any service provider. The Bank is not responsible for continued access outside your mobile phone carrier's coverage area. The Bank may inform you from time to time about changes to the way you should access or operate within the Services. You agree to observe all such changes and that the Bank is not responsible for any interruption, loss or liability that may occur should you or your mobile handheld device not support such changes.
Privacy and User Information:
You acknowledge that in connection with your use of the Services, the Bank and its affiliates and service providers, and their affiliates, may receive and may share with one another as part of providing these Services and Software names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use:
You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Bank or any third party. You agree that you will not attempt to (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party's account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other clients of the Services or Software, or otherwise abuse the Services or Software.
Touch ID™ for Mobile Banking:
Touch ID is an optional fingerprint sign-in method for Fremont Bank Mobile Banking that is currently available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only and Fremont Bank never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Fremont Bank Mobile Banking. Fremont Bank reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within Fremont Bank Mobile Banking. Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for Fremont Bank Mobile Banking is only available on compatible iOS devices.
Card Controls Additional Terms:
1. The Card Controls feature is only available for debit cards issued by Fremont Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Fremont Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to Fremont Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, Fremont Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, 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.
Fremont Bank Alerts Terms and Conditions:
Your enrollment in Fremont Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Fremont Bank account(s). Alerts are provided within the following categories:
• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the More menu within Fremont Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Fremont Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery.
We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Fremont Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message.
To stop Alerts via text message, text "STOP" to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Fremont Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 866-222-6304. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Fremont Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Fremont Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Fremont Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
Privacy and User Information – Data Analytics.
You acknowledge that in connection with your use of Mobile Banking, Fremont Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Fremont Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
Fingerprint Login for Mobile Banking.
Fingerprint Login is an optional fingerprint sign-in method for Fremont Bank Mobile Banking that may be available for certain Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and Fremont Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Fremont Bank Mobile Banking. Fremont Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within Fremont Bank Mobile Banking. Android is a trademark of Google Inc.