Arizona State Credit Union

Consent to Electronic Documents and Online Banking Services Agreement


Consent to Electronic Documents

By providing your consent (electronic signature) at the end of this document, you understand and agree to online delivery of your periodic account statements ("eStatements") and related notices ("eNotices") through the Online Banking Service and that they will be provided under the following terms:

eStatements. Your eStatements will include the periodic account and transaction activity for your deposit and consumer loan accounts; electronic funds transfer services; periodic notice of billing error rights and year-end tax statements for dividends earned and mortgage interest paid.

eNotices. Along with your eStatements we will provide future notices and documentation including:

You may access your statements or disclosures as a PDF document. We will send you an email notice when your eStatement or eNotices are available for review within the secure eStatement area of the Online Banking Service.

Your Rights. If you are registered for Electronic Documents, you have the right to request and receive additional copies of your periodic statements and notices in paper form, however they may be subject to a paper copy fee. You may request copies by contacting us using any of the channels located on the Contact Us section of our website at www.azstcu.org.

You may withdraw your consent to receive eStatements and eNotices by giving us your instructions at any time by contacting any branch office, by telephone (800) 671-1098 or by submitting your withdrawal request within the secure eStatement or Contact Us area within Online Banking. There are no fees or adverse account conditions if you withdraw your consent for Electronic Documents.


Online Banking Services Agreement

Terms and Conditions

This Online Banking Services Agreement ("Agreement") is the contract which covers your rights and responsibilities as a user of the Online Banking Services, ("Services"), offered to you by Arizona State Credit Union ("Credit Union"). By providing your acceptance (electronic signature) below you agree to comply with the terms and conditions of this Agreement.

1. Definitions. The following definitions apply in this agreement:

1.1 "Authorized Representative" refers to a person with authority (with respect to the account);

1.2 "ISP" refers to your Internet Service Provider;

1.3 "Online Service" is the internet-based service providing access to your Share account(s);

1.4 "Online Account" means any one or more Share accounts you have with the Credit Union from which you will be conducting transactions using this Service;

1.5 "Password" is the member-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;

1.6 "PC" means your personal computer or any internet enabled device which enables you, with the internet browser and ISP, to access your Online Account;

1.7 "User ID" is the Credit Union-generated identification code assigned to you for your connection to the Service;

1.8 "We", "Us" or "Credit Union" refer to the Credit Union Name which offers the Service and which holds the account accessed by the Service;

1.9 "You" or "Your" refers to each owner, authorized user or authorized representative of the account(s) accessed with this Service, or those who submit an Online Banking self registration form; and

1.10 Electronic funds transfers ("EFTs") are electronically initiated transactions through Online Banking involving your share accounts and bill payment transfers made using the Bill Payment services.

2. Access to Service. Upon approval, you may gain access to your online accounts through use of your Internet enabled device, ISP, your password, your user ID and additional authentication factors. The Service is accessible 7 days a week, 24 hours a day. However from time to time, some or all of the Credit Union's Service may not be available due to system maintenance. You are responsible for the installation, maintenance and operation of your computer and Internet Service. The Credit Union will not be responsible for any errors or failures involving any Internet Service or your computer.

3. Transactions Available with the Service. You authorize the Credit Union to process the permitted transactions you initiate with the Service. At the present time, the following transactions are available:

3.1 Transfer funds between your Savings, Checking, Money Market Savings, Money Market Checking and Special Purpose/Club Accounts.

3.2 Transfer funds from your Checking, Savings, Money Market Savings, Money Market Checking and Special Purpose/Club accounts to a loan account.

3.3 Transfer funds from any of your accounts at any financial institution to any other account held by you or another person at the same or another financial institution assuming the transfer is permitted by your financial institution and by law. Separate registration is required.

3.4 Make bill payment transfers from your checking account through the Bill Payment service. Separate registration is required.

3.5 Review account balances and transaction history for Checking, Savings, Money Market Savings, Money Market Checking and Special Purpose/Club accounts.

3.6 Review information on your loan account including payoff amounts, due dates, finance charges, interest rate, balance information, and past transactions.

3.7 Advance funds from a line of credit to a savings or checking account.

3.8 Transfer or Advance funds from your account to multiple accounts with which you are an owner and have completed the appropriate access form.

3.9 Import and export capabilities of account information into compatible financial management software.

The Credit Union may notify you of additional transactions or services that are being offered from time to time. By accepting or using these services, you agree to be bound by the rules that will be made available to you concerning these services, including any applicable fees.

Transactions involving your deposit accounts will be subject to the terms of your Account Agreement, and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.

4. Limitations of the Service. The following limitations may apply:

4.1 Transfers. You may make funds transfers to your other accounts as often as you like. However, transfers from your savings or money market accounts (Money Market Accounts for each withdrawal after three) will be limited to a total of six (6) preauthorized, automatic, online or telephone transfers or withdrawals in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits.

4.2 Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy.

4.3 E-Mail. You may use the Secure E-mail feature within Online Banking to send messages to us. E-mail may not, however, be used to initiate a transfer on your account or a stop payment request. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you can call us using the phone numbers available in the Contact Us section of our website at www.azstcu.org.

5. Security of Access Code.

5.1 Initial Access. When you log on to Online Services for the first time, you will be required to supply your account number, create a User-ID and Password, and provide additional authentication information as requested. After your initial sign-on, you may change your Password at any time by selecting the appropriate function from the User Options menu within the Service.

5.2 Security. The password ("access code") and other authentication information that you select is for your security purposes. The access code and other authentication information are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code and other authentication information. You agree not to disclose or otherwise make your access code and other authentication information available to anyone who is not an owner on your accounts or is not authorized by you to sign on your accounts. You understand that any owner on your accounts and anyone you authorize to have or use your access code and other authentication information may use the Service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access code and other authentication information and you agree that the use of your access code and other authentication information will have the same effect as your signature authorizing transactions.

5.3 Authorization. If you authorize anyone to use your access code and other authentication information in any manner, this authorization will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your access code immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access code is changed. If you fail to maintain or change the security of your access codes and other authentication information and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.

5.4 Joint Accounts. The provision of this section applies if your accounts subject to this Service with the Credit Union are joint accounts. Each of you is jointly and severally obligated under the terms of this agreement as well as the original account agreement(s) governing your joint accounts. Each of you acting alone may perform transactions, obtain information, terminate this agreement or otherwise transact business, take actions, or perform under this agreement. We are not required to obtain the consent of, or notify either of you, of actions taken by the other. However each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transaction where the person performing the action or transaction is one of you or is otherwise authorized to use your Credit Union online or bill payment accounts. Each of you agrees to indemnify us and hold us harmless from and against any and all liability.

The Credit Union will never send you an unsolicited email asking you to verify an account number, card number, PIN or any other sensitive information.

6. Member Liability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Credit Union may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.

You are responsible for all transfers you authorize using the Service under this Agreement. If you permit other persons to use your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. Contact us immediately if you believe anyone has used your access code and accessed your accounts without your authority. For transactions conducted through the Service, if you notify the Credit Union within two (2) business days, you are liable for no more than fifty dollars ($50.00) if someone accessed your account without your permission. If you do not notify us within two (2) business days after you learn of the unauthorized use of your account or access code, and this later notification prevented us from stopping someone from accessing your account without your permission, you could be liable for up to five-hundred dollars ($500.00).

Also, if your statement shows transfers conducted through the Service that you did not make, contact us immediately. If you do not contact us within sixty (60) days after the statement was mailed to you or was available as an E-Statement, you may be liable for the full amount of the loss if this later notification prevented us from stopping someone from making the unauthorized EFT transactions.

If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us immediately. Contact information is available in the Contact Us section of our website at www.azstcu.org.

7. Fees and Charges. The Credit Union offers the benefits and convenience of the Online Banking Service to you free. We will notify you of any changes as required by law.

8. Transaction Documentation. Transfers, withdrawals and bill payment transactions made through the Service will be recorded on your periodic statement delivered electronically ("e-statement"). You will receive an e-statement monthly. You may request a paper copy of any e-statement at anytime, subject to the applicable copy charges of the Credit Union. You may withdraw your consent to receive eStatements at anytime and receive paper statements.

9. Account Information Disclosure. We will maintain the confidentiality and privacy of your account information in accordance with our Privacy Policy as stated on our website at: www.azstcu.org. However, we may disclose information to third parties about the online transfers you make in the following limited circumstances:

9.1 As necessary to complete transfers;

9.2 To verify the existence of sufficient funds to cover specific transactions upon the authorization request of a third party merchant;

9.3 To comply with government agency or court orders;

9.4 If you give us your express permission.

10. Limitation of Liability for Online Services. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss or property damage, whether caused by the equipment, software, Credit Union, by Online browser providers, or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online Banking services, Bill Payment services, or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Service and may have referred to such communication as "secured," we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The Credit Union will not be liable for the following:

10.1 If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.

10.2 If you used the wrong access code or you have not properly followed any computer or Credit Union user instructions for making transfer and bill payment transfer.

10.3 If your computer or ISP fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have been apparent when you attempted such transaction.

10.4 If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent us from making the transaction.

10.5 If the funds in your account are subject to an administrative hold, legal process or other claim.

10.6 If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or bill payment.

10.7 If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular account due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.

10.8 If the error was caused by a system beyond the Credit Union's control such as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by Credit Union.

10.9 If there are other exceptions as established by the Credit Union.

11. Termination of the Service. You agree that we may terminate this Agreement and your Service without notice, if you, or any authorized user of the Service or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your Accounts or access code or if you conduct or attempt to conduct any fraudulent, illegal or unlawful transaction, or if we reasonably believe your account conduct poses an undue risk of illegality or unlawfulness. If you do not access your eligible accounts through the Service for any three (3) month period, we may terminate your service without notice. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

12. Notices. The Credit Union reserves the right to change the terms and conditions upon which this Service is offered. The Credit Union will notify you at least twenty-one (21) days before the effective date of any change, as required by law. This means we will mail you notice or if you have consented to electronic disclosures, we will send it to the e-mail address you have designated. Use of this Service is subject to existing regulations governing the Credit Union and any future changes to those regulations.

13. Statement Errors. In case of errors or questions about any Service transactions, contact us immediately by telephone, e-mail or by mail as indicated in Section V. You must contact us no later than sixty (60) days after we sent the first statement on which the problem appears.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and we will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for new account transaction errors or errors involving transactions initiated outside the United States). If we decide to do this, we will provisionally re-credit your account within ten (10) business days for the amount you think is in error (subject to the final conclusions of our investigation), so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account.

If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

14. Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services.

You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Arizona as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Arizona law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision will be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.

15. General Terms and Conditions.

15.1 Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and any fee schedule contained in this Agreement.

15.2 Changes and Modifications. The Credit Union may modify the terms and conditions applicable to the Service from time to time. We may send any notice to you via e-mail and you will be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice.

15.3 Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.

15.4 Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.

15.5 Governing Law. This Agreement is governed by the laws of the State of Arizona and applicable federal law.

Consent to Electronic Documents and Acceptance Online Banking Services Agreement - I have read and agree to receive Electronic Documents and accept the terms and conditions of the Online Banking Services Agreement.


Arizona State Credit Union

Mobile Banking Services Addendum

 

 

This is an addendum to the Membership and Account Agreement, III Electronic Funds Transfers Agreement for Online Banking services and sets forth the additional terms and conditions for use of the Mobile Banking services offered through Arizona State Credit Union ("we", "our", "us") by the member ("you", "your" or "User").  Except where modified by this Addendum, the terms and conditions of the Membership and Account Agreement remain in effect.  If there is a conflict between the Membership and Account Agreement and this Addendum, the terms in this Addendum will govern your use of the Mobile Banking Services.

 

1.             ACCEPTANCE OF ADDENDUM.

 

A.           Accepting this Addendum.  By clicking "I Agree" when you register for Mobile Banking Services, you agree to the terms and conditions of this Mobile Banking Service Addendum.  Additionally, by using the Mobile Banking Services, you also agree to the terms and conditions of this Addendum.

B.           Description of Services. Mobile Banking is a personal financial information management service that allows you to access account information, make payments to merchants who have previously consented to accept payments through our Online banking services and make such other financial transactions as set forth in the Electronic Funds Transfer Agreement using compatible and supported mobile phones and/or other compatible and supported wireless devices (including phones, "Wireless Devices").  We reserve the right to modify the scope of the Mobile Banking Services at any time.  We reserve the right to refuse to make any transaction you request through Mobile Banking.  You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile telephone networks, such as while roaming.  The most up-to-date list of services which you may be able to access through Mobile Banking is posted on the Mobile Banking registration and management website accessed through the Online banking system.  When you register for Mobile Banking, designated accounts and payees (or billers) linked to your account through Online Banking will be accessible through the Mobile Banking service. 

C.           Use of Services. Mobile Banking will not work unless you use it properly.  You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so, and you use Mobile Banking in accordance with the online instructions posted on our Web site.  You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software application. In the event we change or upgrade Mobile Banking, you are responsible for making sure you that you understand how to use Mobile Banking as changed or upgraded.  We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.

D.           Relationship to Other Agreements  You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers of yours, including service carrier or provider (e.g., Cingular, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum 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 (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while 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 carrier or provider is responsible for its products and services.  Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.  You also agree that if you have any problems with Mobile Banking, you will contact us directly.

2.             MOBILE BANKING SOFTWARE LICENSE AGREEMENT.

 

Subject to your compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license ("License") to download, install and use the Software application on your Wireless Device within the United States and its territories.  In the event that you obtain a new or different Wireless Device, you will be required to download and install the Software application to that new or different Wireless Device.  This License shall be deemed revoked immediately upon (i) your termination of Mobile Banking in accordance with this Addendum; (ii) your deletion of the Software application from your Wireless Device; or (iii) our written notice to you at anytime with or without cause. If this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software application from your Wireless Device.  The provisions of Sections 3 and 4 of this Addendum shall survive revocation of the License.

 

3.             YOUR OBLIGATIONS.

 

When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:

 

            A.         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 operating Mobile Banking. 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 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 mobile phone applications associated with Mobile Banking.

 

            C.         User Conduct.  You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) 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 application; (b) 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; (c) 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); (d) be false, misleading or inaccurate; (e) 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; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (k) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

 

            D.         No Commercial Use or Re-Sale.  You agree that the Mobile Banking services are for personal use only.  You agree not to resell or make commercial use of Mobile Banking. 

 

            E.         Indemnification.  Unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us 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 improper use of Mobile Banking software or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

 

            F.         User SecurityYou 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.azstcu.org ), or by calling 800.671.1098.

 

4.             SERVICE CHARGES. There are no service charges for use of Mobile Banking at this time. However, you agree to pay related account transaction fees and charges in accordance with our current fee schedule and as amended from time to time.  You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking.  In the future, we may add to or enhance the features of Mobile Banking.  By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.

 

5.             ADDITIONAL PROVISIONS.

A.           Mobile Banking Service Limitations.

i.              Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking.  These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.  Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking.

ii.             Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking.

iii.            You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.

iv.            Financial information shown on Mobile Banking reflects the most recent account information available through Mobile Banking, and may not be current.  You agree that neither we nor our service providers will be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly.

B.           Changes or Cancellation. You may cancel your participation in Mobile Banking by calling us at 800.671.1098. 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 Mobile Banking services.  You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.

C.           Third Party Beneficiary. You agree that our service providers (including any provider of Software application) may rely upon your agreements and representations, in Sections 3 and 4 of this Addendum, above, and such service providers are, for the purposes of those sections, third party beneficiaries to this Addendum, with the power to enforce those provisions against you, as applicable.