End User Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING TO PARTICIPATE IN THE FIRST COMMUNITY CREDIT UNION CARD CONTROLS & ALERTS APPLICATION (THE ‘LICENSED APPLICATION’ OR ‘APPLICATION’). BY USING THE APPLICATION YOU ARE AGREEING TO EACH TERM, CONDITION AND DISCLAIMER SET FORTH IN THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT, DO NOT PROCEED OR USE THE APPLICATION.
IN ADDITION, FIRST COMMUNITY CREDIT UNION MAY AMEND THIS AGREEMENT AT ANY TIME. WHEN YOU RECEIVE NOTICE OF ANY CHANGES TO THIS AGREEMENT YOU MAY BE REQUIRED TO AFFIRMITIVELY ACKNOWLEDGE ACCEPTANCE OF THESE CHANGES IN ORDER TO CONTINUE USING THE APPLICATION. IF YOU DO NOT AGREE YOU SHOULD IMMEDIATELY DISCONTINUE USING THE APPLICATION. YOUR CONTINUED USE OF THE APPLICATION WILL CONSTITUTE YOUR ACCEPTANCE TO THE AGREEMENT CHANGES.
Description of application: The APPLICATION is offered by us through our Service Provider and its affiliates. The APPLICATION enables you to define controls for usage of your debit and credit cards. You can set preferences for alerts to be received on your mobile device when transactions using the cards you have enrolled in the APPLICATION are made or attempted. You can control when and where your enrolled cards can be used as well as view and act on instant alerts when transactions using your enrolled cards are processed, perform card management functions such as turning your cards on/off.
Your agreements when you use the application: In addition to your other agreements herein and any separate agreements between you and us concerning your debit and credit cards:
You represent and warrant that a) you are of sufficient legal age to use the APPLICATION and to create binding legal obligations for any liability you incur as a result of using the APPLICATION, b) except as otherwise provided by applicable law, you understand that you are financially responsible for all uses of the APPLICATION by you and those who are authorized by you to use the data and information you provide to them to enable them to use the APPLICATION including, without limitation, your password, verification information, and account information, c) you are responsible for any fees and charges assessed by US for use of the APPLICATION or those associated with your debit and credit cards, and c) you will only use the APPLICATION for yourself and not for any other person
You may not, and you agree not to, transfer or assign your use of, or access to the APPLICATION to any third party.
You are responsible for any and all charges, including, but not limited to, fees otherwise applicable to your account(s) charged by your financial institution, and fees associated with data usage or text messaging which may be imposed by your communications service provider. Standard message charges may apply.
The APPLICATION is provided for your convenience and any information about your accounts that you receive when using the APPLICATION, including without limitation, confirmation of transactions, does not replace your periodic account statement(s), which is the official record of your accounts.
Indemnity. You agree to indemnify, defend, and hold us and our service providers and the licensor, and their respective affiliates, and all of their directors, officers, employees and agents, harmless from and against any and all claims, liability, damages, causes of action, demands, lawsuits, costs and expenses, including reasonable attorneys’ fees, penalties and fines (collectively ‘Claims’) that result from or arise out of your violation of this Agreement or your unauthorized or misuse of the APPLICATION; failed, delayed, or misdirected delivery of, any information sent using the APPLICATION; any errors in information sent through the APPLICATION; any action you may or may not take in reliance on the information provided when using the APPLICATION; and any disclosure of information provided by you including, without limitation, your account information to third parties resulting from your use of the APPLICATION. Your obligation under this section are independent of your other obligations and shall survive termination of your use of the APPLICATION or this Agreement.
Alerts. This Agreement also governs the alerts and other information you receive via text messaging and email when you use the APPLICATION. You agree and consent that we may send you text messages or email alerts (“Alerts”) through your wireless provider or Internet service provider to the wireless phone number for the device on which you use the APPLICATION and that you are the owner of that device and authorized to give this consent and you agree that your wireless provider or Internet service provider is acting as your agent in this capacity. The Alerts are subject to the terms and conditions of your Internet service provider or wireless provider. Alerts may not be encrypted. We cannot guarantee timing or receipt of the Alert, as this may be affected by forces outside of our control. In the event that an Alert is delayed, or not received, we are not responsible for any related impacts. We will not charge a fee for sending Alerts but your wireless provider or internet service provider may charge a fee depending on your plan. We will never send an Alert that asks you to supply any sensitive personal or financial information such as your social security number or your account number. If you receive such requests, do not respond and contact your financial institution immediately. You agree to notify us if the wireless number changes or if you are no longer the owner of the wireless number.
License terms. Subject to your compliance with this Agreement, you are hereby granted a personal, nonexclusive, fully-revocable and nontransferable license or sublicense (“license”) to install, access and use the APPLICATION on devices that you own or control in accordance with this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved to the Service Provider and/or Licensor. Nothing in this license entitles you to receive hard-copy documentation, technical support, telephone assistance or updates to the APPLICATION. This license is effective until terminated by you or us. Any rights granted herein are subject to termination with our without notice from u if you violate and/or fail to comply with any terms of the Agreement. Once this license is terminated you are no longer entitled to use the APPLICATION, and you shall cease all use of the APPLICATION.
The APPLICATION is licensed, not sold, to you for use only under the terms of this Agreement.
This license does not allow you to use the APPLICATION on any device or product that you do not own or control, and you may not distribute or make the APPLICATION available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the APPLICATION. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the APPLICATION, any updates, or any parts of updates, except regarding use of open source elements components included with the APPLICATION. Any attempt to do so is a violation of the rights of the Service Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original APPLICATION and functionality, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Termination. The Agreement and this license is effective upon your installation of the APPLICATION until terminated by you or us. We may terminate or suspend the APPLICATION at any time and we may limit or change functionality at any time. Any rights granted herein are subject to termination with or without notice from us if you violate and/or fail to comply with any terms or conditions set for herein. Once this Agreement and license is terminated, you are no longer entitled to use the APPLICATION. You shall cease all use of the APPLICATION, and destroy any legally made copies or portions thereof of the APPLICATION.
Third party applications. The APPLICATION may enable access to your financial institution and third party services and web sites, including GPS locator websites, such as Google, that allow you to find a branch (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
To the extent the APPLICATION allows you to access third party services, we and our respective licensors, reserve the right to change, suspend, remove, or disable access to any part of the services or all of the services at any time without notice to you. 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 to you.
You understand that we may offer to integrate with third party services for your convenience. Further, you understand that we are not affiliated with, do not endorse, and are not responsible to these third party services. We are not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from ours. The personal data you may choose to give to us by means of enrolling your accounts and using the APPLICATION on your device shall be governed by our privacy policies.
Disclaimer and limit of liability. You expressly acknowledge and agree that use of the APPLICATION is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the APPLICATION and any services performed or provided by the APPLICATION are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaims all warranties and conditions with respect to the APPLICATION and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Availability and Service Interruptions. Use of the APPLICATION occurs across the networks of many wireless service providers. We do not operate or have any involvement or control with or over these networks or the wireless service providers. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect your ability to install and use the APPLICATION. Such circumstances include, but are not limited to, the unavailability of the wireless service for any reason, network delays, a breach of security or integrity of the network or wireless service, system outages, communications failure, limitations on wireless coverage and interruption of a wireless connection. We disclaim any responsibility for any wireless service or internet service used to access the APPLICATION.
We disclaim any responsibility for the transmission of your personal information across the networks of wireless and internet providers because we do not control these networks. By installing and using the APPLICATION you acknowledge and agree that the privacy of your personal information cannot be guaranteed and you assume full responsibility for, and hold us harmless from, any losses or damage you incur as a result of the transmission of your personal information when installing or using the APPLICATION.
Limitation of Liability. To the extent not prohibited by law, in no event shall we be liable for personal injury, or any punitive, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the APPLICATION, however caused, regardless of the theory of liability (contract, tort or otherwise), even where we have been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Restrictions. When using the APPLICATION, you agree not to: impersonate any person or entity; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; spam or flood the APPLICATION; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the APPLICATION or the software used in connection with the APPLICATION; remove any copyright, trademark, or other proprietary rights or notices contained on the APPLICATION; "frame" or "mirror" any part of the APPLICATION; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the APPLICATION or the contents of either; otherwise interfere with, or disrupt the APPLICATION or servers or networks connected to the APPLICATION, or violate this Agreement or any requirements, procedures, policies or regulations applicable to the APPLICATION or of any networks connected to the APPLICATION; or intentionally or unintentionally violate any applicable local, state, federal, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by us (all of which shall constitute "Applicable Law") in connection with your installation and use of the APPLICATION.
You may terminate your use of the APPLICATION at any time by deleting the APPLICATION from your mobile device and the services available through the APPLICATION will no longer be accessible to you. In addition, we may suspend or terminate your access at any time without notice to you in the event you breach this Agreement or in the event of suspected fraud with respect to your use of the APPLICATION or your accounts at your financial institution.
Export Restrictions. You may not use or otherwise export or re-export any software used in connection with the APPLICATION except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the APPLICATION, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any such software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Restricted Rights. The software used in connection with the APPLICATION 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.
Miscellaneous. 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 the APPLICATION and this Agreement are subject to the exclusive jurisdiction and venue of the courts in California and you expressly consent to such jurisdiction and venue. This Agreement and all related documentation are and will be in the English language and the application of the United Nations Convention on Contracts for the International Sale of Good is hereby expressly waived and excluded.
Electronic Signature Agreement and Consent to Electronic Delivery. This Agreement is an electronic contract that sets out the legally binding terms of your use of the APPLICATION. You indicate your acceptance of this Agreement by clicking “I Agree” and proceeding with use of the APPLICATION. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Accept" button, you accept this Agreement and agree to the terms, conditions and notices contained or referenced therein. When you click on the "Accept" button, you also consent to have this Agreement and any and all future notices and/or disclosures about matters related to the APPLICATION communicated and/or provided to you in electronic format using any contact information on file with us. You have the right to receive this Agreement in non-electronic form.
Relationship with Other Agreements. This Agreement applies only to the APPLICATION and its functionality. The terms of other disclosures and agreements between you and us, as may be amended from time to time, remain effective for all other aspects of your accounts with us.
GOVERNING LAW. The laws of the state of Missouri, excluding its conflicts of law rules, govern this Agreement and license and your use of the APPLICATION. Your use of the APPLICATION may also be subject to other local, state, national, or international laws.