May 2013
Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Platte Valley Bank of Missouri (“Financial Institution”) combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.
Terms and Conditions:
a. Program: Financial Institution offers their customers 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). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. 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, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
b. Questions: You can contact us at Platte Valley Bank of Missouri @ 816-858-5400 or 99588, or send a text message with the word "HELP" to this number: 99588. We can answer any questions you have about the program.
c. To stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
d. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Financial Institution or any service provider.
e. Relationship to Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider (i.e., AT&T, Verizon, etc.), and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking, which may include downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
f. MOBILE BANKING SOFTWARE LICENSE AGREEMENT. You are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license (the "License") to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a different Wireless Device, you will be required to download and install the Software to that different Wireless Device. This License shall be deemed revoked immediately upon A. your cancellation of Mobile Banking; B. termination of your "Banking on the Net" services under the Terms; C. your deletion of the Software from your Wireless Device; or D. our written notice to you at any time, with or without cause. You agree to promptly delete the Software from your Wireless Device if this License is revoked for any reason. The provisions of Sections g, h and i of this Addendum shall survive revocation of the License.
g. YOUR OBLIGATIONS.
You represent and agree to the following by enrolling for Mobile Banking, installing the Software or by using the Services:
1. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Wireless Device you will use to access Mobile Banking, and that you are authorized to download and install the Software on your Wireless Device.
2. User Security. You agree not to give or make available your Mobile Banking Personal Identification Number (the "PIN") or other means to access your account to any unauthorized individuals. You are responsible for all bill payments, transfers or other transactions you authorize using Mobile Banking. If you permit other persons to use your Wireless Device and PIN or other means to access Mobile Banking, you are responsible for any transactions they authorize. If you believe that your PIN, Wireless Device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or has transferred money without your permission, you must notify us promptly either through the Mobile Banking website (www.plattevalleybank.com), or by calling 816-858-5400.
3. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: 1. infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, including any rights in the Software; ; 2. be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; 3. 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); 4. be false, misleading or inaccurate; 5. 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; 6. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; 7. potentially be perceived as illegal, offensive or objectionable; 8. interfere with or disrupt computer networks connected to Mobile Banking; 9. interfere with or disrupt the use of Mobile Banking by any other user; or 10. use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
4.No Commercial Use or Re-Sale. You agree that the Services are only for the personal or business use of individuals authorized to access your Platte Valley Bank of Missouri account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
5. Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other Wireless Device applications associated with Mobile Banking.
6. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our affiliates and service providers from 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 Mobile Banking or the Software, your violation of this agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
h. CHARGES FOR THE SERVICE.
You agree to pay for Mobile Banking in accordance with our fee schedule, as amended by us from time to time. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. We may add to or enhance the features of Mobile Banking from time to time. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
i. CHANGES OR CANCELLATION. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including, but not limited to, your non-use of the Services. You agree that we will not be liable to you or any third party for any change or cancellation of Mobile Banking.
Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another 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 Financial Institution 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 Financial Institution 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 Financial Institution (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 Financial Institution 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 Financial Institution, 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 Fiserv 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 customers of the Services or Software, or otherwise abuse the Services or Software.
PLATTE VALLEY BANK OF MISSOURI
Mobile edeposit agreement
This Agreement contains the terms and conditions for the use of Platte Valley Bank of Missouri (“PVB”) Mobile edeposit, and/or other remote deposit capture services that PVB or its affiliates (“PVB”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with PVB, including the Depository Agreement and Disclosures governing your PVB account, are incorporated by reference and made a part of this Agreement.
1. Services. The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to PVB or PVB’s designated processor. You agree to pay for Mobile eDeposit in accordance with our fee schedule, as amended by us from time to time. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile eDeposit. In addition, other fees such as for returned items and overdrafts may apply for deposits made through the Services. Please reference our fee schedule.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change as required by applicable law. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, PVB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We are not responsible for any technical or other difficulties you experience when attempting to use the Services or any resulting damages that you may incur. If the Services are unavailable for any reason and you want your deposit processed on today’s business date, you must make your deposits by another method, such as an in-person deposit at a PVB branch or a deposit by mail. Some of the Services have qualification requirements which apply each time you sign on to Mobile edeposit and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to PVB shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Missouri.
5. Ineligible items. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items containing obvious alterations to any of the fields on the front of the check or item.
c. Checks or items which you know or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items not payable in United States currency.
g. Checks or items dated more than 6 months prior to the date of deposit.
h. Checks that have been used as a source document for a remote deposit or similar deposit with another financial institution.
i. Checks or items prohibited by PVB’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your PVB account.
6. Image Quality. The image of an item transmitted to PVB using the Services must be legible and must include both the front and the back of the item. The image quality of the items must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only, Platte Valley Bank of Missouri, PVB Account # or as otherwise instructed by PVB. You agree to follow any and all other procedures and instructions for the use of the Services as PVB may establish from time to time.
8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped or errors that occur during transmission. An image of an item shall be deemed received by PVB only when you receive a confirmation from PVB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete or that we have completed our review of the image and we may still reject it for any reason in our sole discretion.
9. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4pm Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available the following business day from the day of the deposit. PVB reserves the right to delay the availability of funds for 5 business days based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors at PVB, in its sole discretion, deems relevant.
10. Disposal of Transmitted Items. Upon your receipt of a confirmation from PVB that we have received the image of an item and that your deposit has been approved, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly and securely dispose of the item to ensure that it is not represented for payment. And, you agree never to cash, negotiate, deposit or present the item or an image of it with us or any other financial institution, person or entity.
11. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
12. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by PVB from time to time. See www.plattevalleybank.com for current hardware and software specifications. PVB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
13. Errors. You agree to notify PVB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable PVB account statement is sent. Unless you notify PVB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against PVB for such alleged error.
14. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in PVB’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
15. Ownership & License. You agree that PVB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to PVB’s business interest, or (iii) to PVB’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
16. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
17. LIMITATION OF LIABILITY. YOU AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF PVB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
18. User warranties and indemnification. You warrant to PVB that:
a. You will only transmit images of eligible items to us through the Services.
b. Each image you transmit to us through the Services will meet our image quality standards as they are in effect at the time and will include a complete and accurate representation of the front and back of the item.
c. You will not transmit duplicate images of items to us through the Services.
d. The original check used to create each image transmitted to us through the Services has not been previously deposited, duplicated or used to create another image or electronic fund transfer.
d. You will not cash, negotiate, deposit or present the item or an image of an item transmitted to us through the Services to or with us or any other financial institution, person or entity.
e. No subsequent transferee of the item or an image of an item transmitted to us through the Services (or any substitute check created from that image), including but not limited to PVB, a collecting or returning bank, the drawer, the drawee, the payee or any endorser, will sustain a loss as the result of the fact that the image of the item (or a substitute check created from that image) was presented for payment or returned instead of the original paper check.
f. All information you provide to PVB is accurate and true.
g. You will comply with this Agreement and all applicable rules, laws and regulations.
h. You make all of the warranties to us regarding each image of an item you transmit to us through the Services that you would have made to us if you had deposited the original item with us.
You agree to indemnify and hold harmless PVB from any loss for breach of this warranty provision.
19. Other terms. You may not assign this Agreement. This Agreement shall be governed by the laws of the State of Missouri and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.