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Freedom National Bank

Freedom National Bank Electronic Banking Services Agreement

Internet Banking – Mobile Banking – Bill Payer – Apple- Android Pay 

Overview

This Agreement describes the terms and conditions as a user of our Electronic Banking Services (Online Banking, Mobile Banking, Bill Payer, Apple Pay and Android Pay). Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this Agreement, and those provided to you at account opening, in order to use these services.

Freedom National Bank’s Electronic Banking Services allow customers to perform a wide range of financial transactions electronically. This Agreement explains the terms and conditions of Freedom National Bank’s Electronic Banking Services. All electronic transactions are also subject to the Freedom National Bank’s Truth-In-Savings, Funds Availability, Electronic Funds Transfer Agreements, and Privacy Policy.

Definitions

“Online Banking” is the Internet access to your accounts described in this Agreement.

“Mobile Banking” is the smart phone access to your accounts described in this Agreement.

“Bill Payer” is the on line bill payment service access to your accounts described in this Agreement.

“Apple Pay & Android Pay” is the digital wallet service access to your accounts described in this Agreement.

“We”, “Us”, “Our”, or “Bank” refer to Freedom National Bank, which offers the services provided under this Agreement and holds the accounts accessed by the service.

“You” or “Your” refers to any signer on an account.

“Business Day” refers to any day except Saturdays, Sundays, and Federal Holidays.

Access

Access to Freedom National Bank Electronic Banking Services requires an eligible Freedom National Bank Account and a Password.

You will also need:

  • Personal Computer (PC), Smart Phone, or tablet with Internet access
  • Latest versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or Apple’s Safari web browsers
  • 128-bit encryption for system security
  • Screen resolution should be set to at least 1024 x 768

Freedom National Bank provides online instructions for Online Banking and Bill Payer services.

Password

You will be given an online Password that will give you access to your Freedom National Bank accounts both through Online Banking. The password can be changed within the Online Banking system. Freedom National Bank is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password and account data confidential; this information should not be shared or disclosed to another person. For security purposes, Freedom National Bank recommends that you change your password periodically.

The Online Banking password must consist of an alpha/numeric combination of at least eight (8) characters. This password is case sensitive, so it is important to remember how you input your initial password. No Freedom National Bank representative will ever call and ask for your Password.

Enhanced Online Security

Enhanced Online Security is an additional layer of security to our log in process for internet banking. This helps to ensure that your information is secure, protecting you from fraud and identity theft. It verifies your identity in two ways. Every time you log in to Online Banking, the bank identifies you, and it lets you identify the bank using a series of previously configured questions. You will automatically be prompted to the enrollment screen when you log in to Online Banking.

Limitations on Funds Transfers From Money Market Checking and/or Savings Account

Pursuant to Federal Regulations, you are limited to the number of certain transactions you can make on your Savings and/or Money Market Checking Accounts.

For Savings Accounts, you may make no more than six (6) transfers to another account or to a third party by preauthorized, online transfers, automatic transfers, telephone transfers, fax requests, and ACH (Automated Clearing House) transactions per month.

For Money Market Checking Accounts, you may make no more than six (6) transfers to another account or to a third party by preauthorized, online transfers, automatic transfers, point of sale (POS), telephone transfers, fax requests, and ACH (Automated Clearing House) transactions, of which six (6) may be checks, per statement cycle.

Online transfers are transactions between accounts initiated through Online or Mobile Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call. Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party (e.g. electronic payments to health clubs, insurance companies, etc.). Check access refers to any checks you write on your Money Market account. 

Limit of Freedom National Bank’s Liability

Freedom National Bank is not responsible for any fees incurred for telephone charges and Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet service provider. Message and data rates may apply.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for using Freedom National Bank’s Electronic Banking Services. All reasonable steps must be taken to protect the computer hardware and software, including ensuring that the computer is free of viruses. Freedom National Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

We will not be responsible for actual losses if they were directly caused by:

  • Through no fault of Freedom National Bank, you do not have enough money in your account to make the transfer
  • Through no fault of Freedom National Bank, the transaction would have caused you to exceed your available credit
  • Circumstances beyond our control (e.g. fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions we have taken
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy
  • Your funds are subject to legal process restricting the transfer
  • We have received incomplete or inaccurate information from you involving the account or transfer

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may have not been completed or to correct incorrect transactions that have been processed.

Freedom National Bank’s Liability

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither Freedom National Bank nor the service providers shall be responsible for any loss, damage or bodily injury, whether caused by the equipment, software or Freedom National Bank. Freedom National Bank or the service providers will not be responsible for any direct, indirect, economic, or other damages arising in any way out of the installation, use, or maintenance of any equipment or software.

Hours of Accessibility

You can access your Freedom National Bank accounts through Online or Mobile Banking seven days a week, 24 hours a day. However, at certain times, some or all services may not be available due to system maintenance. During these times you may use any ATM or any Freedom National Bank branch to conduct your transactions.

A transaction initiated before 6:00 PM (Eastern Time) on a business day is posted to your account on the same day. All transactions completed after 6:00 PM (Eastern Time) on a business day or on a Saturday, Sunday, or banking holiday will be posted on the next business day.

Documentation

To comply with Federal Regulations, you will continue to receive your regular account statement on a monthly basis.

Bill Payer Services

The Freedom National Bank Bill Payer Service allows you to schedule bill payments through Online Banking and Mobile Banking. You may pay any merchant or individual (vendor). It is your responsibility to provide complete and accurate information detailing the vendor and payment information. Should a payment be returned to the Bank for insufficient or inaccurate information, the payment amount will be re-deposited to your account. You will then be responsible for correcting the vendor/payment information before the payment can be processed again.

By furnishing Freedom National Bank with the names of your merchants or individuals and their addresses, you authorize Freedom National Bank to follow the payment instructions to these vendors. When Freedom National Bank receives a payment instruction (for the current or future date), they will remit funds to the vendor on your behalf, from the funds in your selected account on the day you have instructed them to be sent (Payment Date). However, Freedom National Bank shall not be obligated to make any such payment unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for all bill payments will be withdrawn from your account ON THE DAY the payment is scheduled TO BE SENT TO THE PAYEE. 

NOTE: Any payments made with the Bill Payer Service require sufficient time for your vendor to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment.

The Bill Payer Service will tell you how many business days to allow when you schedule a bill payment. Depending on the payee, bill payments may take as long as 5 business days to get to the payee. You will be responsible for late fees if you do not allow adequate time for processing payment.

Bill payments to payees who cannot accept electronic payments must be cashed within 90 days. If a payee does not cash one of your payments within 90 days, we will automatically return the money to your account. Bill payments may be made in any amount not less than $1 and no more than $99,999. 

If Freedom National Bank does not properly complete a bill payment on the day and for the amount directed by you, Freedom National Bank will pay any late fees or finance charges as long as your account was in good standing with the vendor prior to this incident.

Freedom National Bank shall not be responsible for any charges imposed or any other action taken by a vendor resulting from a payment that you have not scheduled properly, including any applicable finance charge or late fees. In addition, Freedom National Bank will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended vendor.

Freedom National Bank will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Payer Service.

Please refer to the full Terms and Conditions for our Bill Payment Service through our online banking Payments tab. 

Apple and Android Pay:  Apple Pay is a mobile payment and digital wallet service by Apple Inc. that lets users make payments using the iPhone 6, 6 Plus, and later, Apple Watch-compatible devices (iPhone 5 and later models), iPad Air 2, iPad Pro and iPad Mini 3 and later. Apple Pay lets mobile devices make payments at contactless points of sale and in iOS apps. It digitizes and replaces the debit card chip and PIN or magnetic stripe transaction at point-of-sale terminals

Office of Foreign Asset Control

Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as “blocked” by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.

Fees

Freedom National Bank reserves the right to revise fees at any time. Should a change be made to any fee, you will be notified before the change is effective. 

Electronic Mail

You can communicate with the Bank through the use of Electronic Mail (email). You cannot use email to initiate transactions on your account(s). Email sent to Freedom National Bank should not include account numbers, social security numbers, and/or passwords. Freedom National Bank will be deemed to have received your email on the business day following transmission. Freedom National Bank agrees to respond within a reasonable time. Any email sent to you by Freedom National Bank shall be considered received within three (3) business days from the date sent, regardless of whether or not you review your email within that time.

YOU SHOULD NOT USE EMAIL IF YOU NEED TO COMMUNICATE WITH FREEDOM NATIONAL BANK IMMEDIATELY. For example, if you need to report a lost or stolen debit card, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

Ownership/Security

All information on the Freedom National Bank website is the property of the Bank and may not be reproduced. Unauthorized attempts to upload information and/or change information are strictly prohibited. Such attempts will be prosecuted to the full extent of the law.

Security is the primary concern of the Bank and our customers. Freedom National Bank Online Banking resides on a secure website. To maximize security, your Internet browser must support Secure Sockets Layer (SSL). This protocol encrypts sensitive data transmitted from Online Banking.

Additional Term and Conditions

This Electronic Banking Agreement is subject to the terms and conditions of the Freedom National Bank Truth in Savings, Funds Availability, Electronic Funds Transfer Agreements, and Privacy Policy, copies of which have been provided to you.

You must notify Freedom National Bank in writing at such time as you choose to cancel your electronic banking services within a reasonable time to allow the Bank to act on your request. This will cancel your Electronic Banking access, but will not terminate your accounts at Freedom National Bank.

Freedom National Bank reserves the right to terminate your electronic banking privileges in whole or in part at any time.

Terms and Conditions for Mobile Banking

Freedom National Bank Mobile Banking User Agreement

This User Agreement (“Agreement”) contains the terms and conditions for the use of Freedom National Bank’s mobile banking products which include but are not limited to: consumer and business mobile banking services and mobile deposit and payment services (the “Services”) that Freedom National Bank (the “Bank,” “us,” or “we”) may provide to the person or entity using the Services under this Agreement (“you” or “User”).  Your use of these Services constitutes your acceptance of this Agreement and any other agreements you have entered into with Freedom National Bank, including the Deposit Account and the Electronic Funds Transfer Agreements that govern your account. This Agreement may be modified and/or amended at our discretion. Your continued use of the Services will indicate your acceptance of any modifications or amendments to this Agreement. 

Mobile Deposit

  1. Mobile Deposit Services. Freedom National Bank’s business and consumer mobile deposit services (“Mobile Deposit Services”) are designed to allow you to make deposits to your checking, statement savings, or money market savings accounts remotely by capturing a digital image of a paper check with a mobile device and electronically delivering the image and associated deposit information to the Bank or the Bank’s designated processor.
  2. Business Deposit Limits. The daily deposit limit for business accounts under the Mobile Deposit Services will be linked to the customer’s RDC limits. We reserve the right to review and/or change the imposed limits on the amount(s) and/or number of deposits that you transmit using the Mobile Deposit Services and to modify such limits from time to time.  Increased deposit dollar and item limits requests may be available with management approval.
  3. Consumer Deposit Limits.  The daily deposit limit for consumer accounts under the Mobile Deposit Services upon account opening is $5,000 per check, $10,000 per day and $50,000 per month. We reserve the right to review and/or change the imposed limits on the amount(s) and/or number of deposits that you transmit using the Mobile Deposit Services and to modify such limits from time to time.  Increased deposit dollar and item limits requests may be available with management approval.
  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 the Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Massachusetts. You agree that you will not use the Mobile Deposit Services to deposit any checks or other items as shown below: • Checks or items payable to any person or entity other than the account holder(s); • Checks or items containing obvious alteration, which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn; • Checks or items previously converted to a substitute check, as defined in Reg CC; • Checks or items that are remotely created checks, as defined in Reg CC; • Checks or items drawn on a financial institution located outside the United States; • Checks or items not payable in United States currency; • Checks or items dated more than 6 months prior to the date of deposit; and • Checks or items prohibited by the Bank’s current procedures relating to the Mobile Deposit Services or which are otherwise not acceptable under the terms of your account with us.
  5. Image Quality. The image of an item transmitted to the Bank using the Mobile Deposit Services must be legible, as determined by the Bank, in its sole discretion. The image quality of the items must comply with the requirements established from time to time by American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
  6. Procedures and Endorsements. Endorsements are required and must be made on the back of the check. You agree to restrictively endorse any item transmitted through our Mobile Deposit Services as “For Mobile Deposit Only at Freedom National Bank account #XXXXXX”. Business Remote Deposit Capture customers are required to endorse any item transmitted through RDC as “For Remote Deposit Only to Freedom National Bank” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit and RDC Services as the Bank may establish from time to time.
  7. Receipt of Items. We reserve the right to reject any item transmitted through the Mobile Deposit Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation number within the application. Receipt of such confirmation does not mean that the transmission was error free or complete. In the event the Bank does not receive an item described herein or if the Bank rejects an item as described herein, the Bank will not be responsible for resulting damages, and you may be liable for any fees that may be assessed as a result. You understand that if an item you transmit to us for deposit is rejected, you will be notified of the rejection within your mobile app in the “deposit history” section and under the “failed” header. Further, you understand that we are not responsible if, for any reason, you do not receive our notice.
  8. Availability of Funds. For purposes of the Bank’s Funds Availability Policy, checks successfully deposited and accepted through Mobile Deposit prior to 4:00 p.m. Eastern Time on any business day will be deemed to have been received by the Bank on that business day; checks successfully deposited and accepted after 4:00 p.m. Eastern Time on any business day or on any day that is not a business day are deemed to have been received by the Bank on the next business day.  Funds deposited using Mobile Deposit will be made available to you by 9:00am Eastern Time on the next business day after the day we receive your deposit. Checks deposited through Mobile Deposit will not appear in your account history or balance until the next business day after the day of deposit.
  9. Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional. If an original check deposited through Mobile Deposit is dishonored, rejected or otherwise returned unpaid for any reason, including without limitation issues relating to the quality of the image that you have transmitted to us, you will receive an image, a paper reproduction or substitute of the original check and we will charge the deposit amount back to your account. You understand that you will be assessed the Return Check Fee as indicated by which ever Fee Schedule is applicable to your account ( Consumer Fee Schedule or Business Banking Fee Schedule) for each deposited check returned unpaid. As with any returned item, you will be responsible for reimbursing us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You are prohibited from attempting to deposit or otherwise negotiate an original check through Mobile Deposit if it has been charged back to you. You may be able to negotiate a returned item in person, and should speak to a customer service representative at any of our branches if you require such assistance.  Returned deposit activity may result in the cancellation of your Mobile Deposit privileges at the Bank’s sole discretion.
  10. Disposal of Deposited Items. Upon your receipt of a confirmation from the Bank that we have approved the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID”, securely store the original item and to properly dispose of the item (shred/incinerate) 60 days after deposit to ensure that it is not represented for payment again. Upon our request, you will deliver to us within 5 days, at your expense, the requested original check in your possession to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes. If not provided in a timely manner, such amount will be reversed from your account. You further agree to notify the Bank immediately if you learn of any loss or theft of original checks.

Mobile Payments

  1. Mobile Payments Service.  The Bank’s Mobile Payments Service allows you to add one or more of your Bank-issued debit cards (each a “Card”) to an application (such as Apple Pay or Android Pay) provided by a third party (“Application Provider”) used on your mobile device (“Mobile Device”) that permits you to make (i) payments at merchant point-of-sale terminals or readers that accept payments using a Card loaded to the Mobile Payments Service (rather than presenting your physical Card) and (ii) in-app or other digital commerce payments at participating merchants (the “Payment App”).  Once you add a Card to a Payment App, you may use your Mobile Device to make payments only where the Payment App and your Card(s) are accepted.   Each time you add a Card, you are agreeing that this Agreement covers the use of such Card through the Payment App. 2. Adding a Card. You can add a Card to a Payment App by following the instructions of the Application Provider. Only Cards that we decide are eligible can be added to the Payment App. If your Card or underlying deposit account is not in good standing, that Card will not be eligible to enroll in the Payment App. The Payment App may not be accepted at all places where your Card is accepted.  By selecting a Card and placing your Mobile Device near a merchant's contactless-enabled point-of-sale terminal or reader or using the Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Card through the Payment App. You are granted a non-exclusive, non-transferable, personal, limited license to install and use your Card(s) on your supported Mobile Device solely in accordance with these Terms.  Such license does not allow you to use Card(s) on any device that you do not own or control and you may not distribute or make any Card available over a network where it could be used by multiple devices at the same time. 3. Your Card Terms and Conditions Do Not Change. The separate disclosures and agreements that govern your Card and any underlying deposit account do not change when you add your Card to the Payment App. The Payment App simply provides another way for you to make purchases with the Card. Any applicable interest, fees, and charges that apply to your Card will also apply when you use the Payment App to access your Card. Bank does not charge you any additional fees for adding a Card to the Payment App or using a Card in the Payment App. The Application Provider and other third parties such as wireless companies or data service providers may charge you fees. 4. Bank is Not Responsible for the Payment App. Bank is not the provider of the Payment App, and we are not responsible for providing the Payment App service to you. We are only responsible for supplying information to the Application Provider to allow usage of the Card in the Payment App. We are not responsible for any failure of the Payment App, or the inability to use the Payment App for any transaction. We are not responsible for the performance or non-performance of the Application Provider or any other third parties regarding any agreement you enter into with the Application Provider or associated third party relationships that may impact your use of the Payment App. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Payment App or any third party’s products or services.  The Payment App and your Mobile Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Card(s). These features and procedures are the sole responsibility of the Application Provider and Mobile Device provider, as applicable. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Cards. You are solely responsible for maintaining the confidentiality of your Payment App User ID, passwords and any other means that you may from time to time use to access the Payment App.  If you share these credentials with any other person, they may be able to use your Card(s) and get access to your personal and payment information available through the Payment App. 5. Contacting You Electronically, and by Email. You consent to receive electronic communications and disclosures from us in connection with your Card and the Payment App. You agree that we can contact you by email at any email address you provide to us in connection with any of your Bank accounts. You also consent to receive certain messages on your Mobile Device (i.e., SMS, MMS) from us, or through the messaging capabilities of the Payment App.  You agree such contact may come from companies working on our behalf to service your Card and accounts. You agree to update your contact information with us when it changes. 6. Removing Your Card from the Payment App. You should contact the Application Provider to determine how to remove a Card from the Payment App. We can also block use of the Card in the Payment App from purchases at any time.

General Terms and Conditions

  1. Limitations of Service. You understand and agree that the Services may, at times, be unavailable due to system maintenance, technical difficulties or for any other reason. We assume no responsibility for any service interruptions or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or terminate 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. Freedom National Bank has the right to reject any check or item transmitted through the Service without any liability to you. Freedom National Bank is not liable for any check or items it does not receive or for any images that are not readable.
  2. Privacy and User Information. You acknowledge that in connection with your use of the Services and any software licensed to you in connection with the Services (“Software”), Freedom National Bank 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”). Freedom National Bank and its affiliates and service providers will maintain reasonable safeguards in compliance with applicable law to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as we and our service providers deem necessary to deliver the Services and as otherwise permitted by law, including for purposes of complying with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and to comply with any instructions and authorizations you may provide. Freedom National 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, the terms and conditions of this Agreement and any applicable licenses granted to us or you by third parties, but disclaim any obligation to monitor, filter, or edit any content.
  3. Restrictions on Use of Services. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use the Services and Software in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and foreign 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 Freedom National 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 Freedom National 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 Freedom National Bank, or 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 with the provision of the Services or Software, the security of the Services or Software, or other users of the Services or Software, or otherwise abuse the Services or Software.
  4. Fees. Currently, the Bank does not charge a fee to consumer accounts for use of services. Business accounts will incur a fee per fee schedule for business services.  Wireless connectivity and usage rates may apply and you are responsible for contacting your wireless service provider for more details.
  5. Accuracy & Accessibility. It is your responsibility to provide us with true, accurate and complete information including your email address, contact information or any other information related to this disclosure and your account(s). If any of the information you provide to Freedom National Bank changes, it is solely your responsibility to maintain and update your account information promptly by contacting us at 401-949-1600 or contact us at www.freedomnationalbank.com or stopping by one of our branch locations. You authorize us to send you notification of rejection or modification of Mobile Deposit items to the email address we have on file for your account.
  6. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank and a compatible mobile device. The Bank 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.
  7. Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Bank account statement is sent.  Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim again the Bank for such alleged error.
  8. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be at the Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
  9. Mobile Deposit Security. When using Mobile Deposit, you understand that check images captured using your mobile device are stored on the device only until the associated deposit has been successfully submitted. You agree to promptly complete each deposit. In the event that you are unable to promptly complete the deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.
  10. Ownership & License. You agree that the Bank 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 the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. 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.

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.

LIMITATION OF LIABILITY. YOU AGREE THAT THE BANK 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 THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

User warranties and indemnification. You warrant to the Bank that: a. You will only transmit eligible items. b. Images will meet the image quality standards. c. You will not transmit duplicate items. d. You will not deposit or represent the original item. e. All information you provide to the Bank is accurate and true. f. You will comply with this Agreement and all applicable rules, laws and regulations. g. You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.

Other Terms. You may not assign this Agreement. This Agreement shall be governed by the laws of the State of Massachusetts 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.

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