NBC OKLAHOMA
CONSUMER ONLINE BANKING AGREEMENT
This Electronic Banking Agreement ("Agreement") establishes the rights, responsibilities, and obligations between you and NBC Oklahoma ("Bank"). Read this Agreement carefully. By requesting and using any of NBC Oklahoma's Online Banking Services ("Services"), you acknowledge that you have read, understand, and agree to comply with the terms and conditions contained in this Agreement.
1) Definitions
For the purpose of this agreement, the words "we," "us," "our," and "bank" refers to NBC Oklahoma, "you" and "your" refers to each person who is an authorized signer on any account subject to this agreement and any other person authorized by any signer to exercise control over any account subject to this agreement. Consumer: For the purpose of this Agreement, a consumer is a natural person. The terms and conditions as stated in this Agreement apply to Consumer type accounts. For terms and conditions applicable to Business type accounts refer to NBC Oklahoma Online Business Banking Agreement.
2) Services
You may use NBC Oklahoma Online Banking to:
- Transfer funds between your checking and savings accounts*
- Make loan payments from your checking or savings accounts
- Obtain checking, savings, and loan balances
- View account transactions
- View account history
- Review cleared checks, deposits, and withdrawals
- Pay most bills
- Download account history to Excel or to Quicken.
*The number of transfers and the amounts that may be transferred from an account are limited to the terms and conditions disclosed in the applicable deposit account agreement and any related disclosures
3) NBC Oklahoma Online Banking
NBC Oklahoma Online Banking is an online electronic banking service provided by NBC Oklahoma for its consumer customers. To access our online banking services, you must have an NBC Oklahoma checking account, a personal computer with a connection to an Internet Service Provider (ISP), and appropriate Internet browser software. You may access NBC Oklahoma Online Banking services 7 days a week, 24-hours a day through our web site https://www.nbc.bank.
4) Passwords
The Password that you select should be unique to you. For security purposes, your Password will not be communicated to us and should not be associated with any commonly known personal identification, such as your social security number, street address, your birthday or a family member's birthday, your driver's license number, or the names of relatives. You should memorize your Password rather than writing it down and never reveal it to anyone that you have not authorized to perform account transactions. You are responsible for keeping your Password and account information confidential.
If you have forgotten your password or have been locked out of the system, you can request for the password to be reset online by clicking on the "Forgot Password?" link and by correctly answering your previously selected "multi-factor authentication" security questions. You may also contact us directly by telephone to reset your Password. Please note that for your security, we will contact you using only the mailing address and telephone number on file, therefore, it is important that any changes in your address or telephone number be communicated to us as soon as possible.
5) Security
Your role is extremely important in the protection of your accounts and the prevention of any unauthorized use. Security and access to your accounts through NBC Oklahoma Online Banking is maintained by your Password, which you will create during the online registration process. It is your responsibility to take precautions and protect your Password. You agree to keep your Password confidential along with your account numbers and other account information, to change it when an unauthorized person has learned it, choose a Password that would not be easy to guess, memorize your password and not write it down, and not disclose or otherwise make it available to anyone not authorized to sign on your accounts. Other precautions that you can take to protect your accounts and prevent unauthorized use are to never leave your computer when you are logged into Internet banking and to exit Internet banking as soon as you are finished and to close the browser window.
6) Electronic Mail (E-mail)
If you sent the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail 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.
- NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, use the Secure Contact Form within the online banking site regarding concerns of a confidential nature.
7) Linked Accounts
All accounts with the Bank that you enroll in Online Banking services will be linked by tax identification numbers of the persons authorized to access the accounts. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time any other accounts for which the person is a co-owner or authorized user.
8) Bill Payment Service
9) Primary Account
You will designate a primary account during the application process. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the primary account or any other account for any fees and charges. If you close your primary account, you must notify us and identify a new payment account for the selected services.
10) Your Liability for Unauthorized Transactions:
IMMEDIATELY CHANGE YOUR PASSWORD and tell us AT ONCE if you believe your Password has been lost or stolen, become known to an unauthorized person, or if a transfer or bill payment has been made without your authorization or knowledge. Telephoning is the best way of keeping your possible losses to a minimum. You could lose all the money in your account (see Section 16 for our Error Resolution Process and limitations. If you believe or after learning that your Password has been lost, stolen, or become known to an unauthorized person, and you tell us within two (2) business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers or bill payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, CHANGE YOUR PASSWORD IMMEDIATELY and call or write us at:
NBC Oklahoma
Customer Service Department
PO Box 21000
Oklahoma City, Ok 73156
(405) 748-9188 or 1-800-590-2580
For purpose of notification, our business days are Monday through Friday, excluding Holidays, and our hours are 8:00 a.m. to 5:00 p.m., Central Standard Time (CST).
11) Liability
A. Our Liability: If we do not complete a transfer to or from your account on time or in the correct amount according to your instructions, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable:
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If, through no fault of ours, you do not have a sufficient amount of money in your account to make the transfer or bill payment;
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If your funds are subject to a legal proceeding or other encumbrance prohibits us from making a transfer or bill payment;
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If there is a hold on your account or if access to your account is blocked that prohibits us from making a transfer or bill payment;
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If access to your account is blocked, in accordance with banking policy;
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If the transfer or bill payment would cause your balance to exceed any credit limit for any credit arrangement set up to cover overdrafts;
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If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken;
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If you believe someone has accessed your account without your permission and you fail to notify the Bank immediately;
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If we have received incomplete or inaccurate information from you or a third party involving the account, transfer or bill payment;
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If you have not properly followed instructions on how to make a transfer included in this agreement;
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If we have a reasonable basis to believe that unauthorized use of your account or Password has occurred or may be occurring;
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If you default under this Agreement, a deposit account agreement, a credit agreement, or any other agreement with us;
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If this Agreement has been terminated by you or us;
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13.
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Other exceptions may be stated in our other account agreements with you.
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Under no circumstances will we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, or access software or Internet browser. You agree that we will not be liable for any payment, transfer, or transaction from or to any account where the payment, transfer, or transaction was authorized by the appropriate Password.
B. Indemnification: You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking account.
C. Third Parties: We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser such as Firefox, Google Chrome, or Microsoft Explorer, by an internet access provider, or by an online service provider, nor will be liable for any direct, indirect, special or consequential damages resulting from your access or failure to access on Online Banking account.
D. Virus Protection: The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files and your hardware.
12) Statements
You will receive a monthly account statement from us for your checking accounts. You will receive a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case you will receive a statement at least quarterly.
13) Business Days
For the purpose of contacting the Bank at one of the telephone numbers listed in Section 10, " Your Liability" of this Agreement, our business days our Monday through Friday, excluding bank holidays, 8:00 am to 5:00 pm, Central Standard Time. You may access your bank accounts through Services seven (7) days a week, 24 hours a day. However, at certain times, some or all Services may not be available due to system maintenance, record processing, or technical difficulties.
14) Confidentiality
We will disclose information to third parties about your account or the transfers that you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party, or
- In order to comply with government agency or court orders, or
- To provide services relating to your account, or
- To offer other products and services, or
- If you give us your written permission.
For additional information, please see the most recent version of our Privacy Policy.
15) Limitations
Transfers from a money market deposit account to another account or to third parties by preauthorized, automatic, telephone, or Internet transfer are limited to six (6) per statement cycle. Transfers from a statement savings account to another account or to third parties by preauthorized, automatic, telephone, or Internet transfer are limited to six (6) per month with no transfers by check, draft, or similar order to third parties. (These transfers do not include those made at an Automated Teller Machine (ATM) or personally with a bank teller.)
All bill payments and transfers initiated through Services are subject to the existence of sufficient funds available in the affected account to cover the transfer or bill payment.
16) Error Resolution
In Case of Errors or Questions About your Electronic Transfers, Call or Write us at the telephone number or address listed in the Your Liability section of this Agreement, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:
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“Tell us your name and account number.
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“Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
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“Tell us the dollar amount of the suspected error.
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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 determine whether an error occurred within ten (10) business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, 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 credit your account. Your account is considered a new account for the first thirty (30) days after the first deposit.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
17) Transactions
Any transaction entered on the Online Banking system, Monday through Friday before 7:00 p.m., Central Standard Time, will be processed on that business day. Any transaction entered on the Services system after 7:00 p.m., Central Standard Time, or on a Saturday, Sunday, or Holiday, will be processed on the next business day.
18) Stop Payments
If you have told us in advance to make regular payments out of your account, you can stop any of these payments if you call us or write us at the telephone number or address provided in the Your Liability section of this Agreement in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. An oral stop payment order ceases to be binding after fourteen (14) days if you fail to provide the required written notice.
If your order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable only for your actual loss.
19) Other Agreements
In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your NBC Oklahoma Online Bank Accounts, the Bank's rules and regulations, and applicable federal and state laws and regulations. This Agreement will be governed by and interpreted in accordance with the applicable laws and regulations of the United States and the State of Oklahoma. Your use of Services is your acknowledgement that you have received these agreements and disclosures and agree to be bound by them. You should review other disclosures received when you opened your accounts with us 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.
20) Notification
You agree to accept in an electronic format any and all information, disclosures, or notifications required by banking laws or regulations to be delivered in written form. If you do not have the ability to print or download this Agreement or any disclosure, information, or notification, you should immediately request from us written notification in paper format. Call or write us at the telephone number or address provided in the Your Liability section of this Agreement.
21) Changes in Terms
We reserve the right to change the charges, fees, or other terms described in this Agreement. When changes are made to any fees, charges, or other material terms we will update this Agreement, and either send a notice to you at the address shown in our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any more restrictive limits on the type, amount, or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable deposit agreement and disclosures given to you in connection with the account.
22) Termination
We reserve the right to terminate this Agreement, your access to Services, and use of Bill Payment Service, in whole or in part, at any time. We can terminate your NBC Oklahoma Online Banking privileges without notice to you if you do not pay any fee or charge required in this Agreement when due, or if you do not comply with this Agreement.
If you do not use Services for any 90 day period, we reserve the right to discontinue your service. Any transaction history or online bill payment information will be lost if service is discontinued. If your Internet banking service is discontinued, you must contact us to have the Service reactivated.
If you wish to terminate this Agreement and your use of Services, you must contact us in writing. Written notice of service cancellation must be supplied ten (10) days prior to the actual cancellation date and must be sent to the address provided in the Your Liability section of this Agreement.
23) Fees
Your primary account will be subject to the following fee for NBC Oklahoma Online Banking Services and Bill Payment Services:
Online Banking Services:
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Monthly Online Banking Service Fee:
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None
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Service Reactivation Fee:
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None
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Bill Payment Services:
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Monthly Bill Pay Service Fee
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None
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Cancelled Check Copy
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$15.00 per item
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Insufficient Funds Fee
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$30.00 per item
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Stop Payment Fee
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$30.00 per item
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You authorize us to deduct these fees and service charges from your primary checking account designated by this Agreement. If you do not have sufficient funds in your account on the date the fee or service charge is payable, you authorize us to automatically deduct the fee or charge from one of your other accounts with the Bank.
24) Assignment
We may assign this Agreement to an affiliate of the Bank 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.
Bill Payment
If you choose to utilize the Bill Payment Service, you must accept the terms and conditions of the provider of this service(Fiserv CheckFree). These terms and conditions can be viewed by following this link:
CheckFree Consumer Bill Payment Terms and Conditions
By clicking AGREE at the bottom of this page, you acknowledge your acceptance of the CheckFree Consumer Bill Payment Terms and Conditions.
MOBILE REMOTE DEPOSIT SERVICES ADDENDUM
Mobile Remote Deposit is designed to allow you to make deposits of checks ("original checks") to your accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information ("images") to us or our processor ("Processor") with your Mobile Device. The terms "Bank" and "Processor" may be used interchangeably when used in relation to any services performed by a Processor on behalf of Bank including, but not limited to, the receipt and processing of images and check data and any notices related thereto. You acknowledge and agree that Mobile Remote Deposits made by you using this Service is not an "Electronic Fund Transfer" as that term is defined in Federal Reserve Board Regulation E. After you login to Mobile Banking, you may apply for Mobile Deposit. As a subscriber to Mobile Remote Deposit (the "Service"), this Addendum ("Addendum") amends and becomes a part of the Consumer Online Banking Agreement. The Online Banking Agreement, this Addendum and other separate documents relating to your NBC Oklahoma personal online banking account, including, but not limited to: Consumer Deposit Account Agreement, Funds Availability Policy, Privacy Policy, Truth in Savings Disclosure, Electronic Funds Transfer Disclosure, Schedule of Fees and Account Signature Card are collectively the "Account Documentation" between NBC Oklahoma ("Bank") and you "Customer," "you," "your," "yours"). The terms of those agreements are hereby ratified, affirmed and incorporated herein and shall continue to apply in all respects, as amended hereby. By clicking the "I Agree" button at the conclusion of this Addendum or by using or continuing to use the Service, you agree to this Addendum. In the event of a conflict between this Addendum and the Account Documentation, this Addendum will govern.
Terms:
1. Limits. Mobile Deposits are limited in amount to $1,000.00 per day.
2. Eligible items. You hereby agree that you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC ("Reg CC"). You agree that the image of the check that is transmitted to Bank (each such check and other item a "Check" and, if more than one, "Checks") shall be deemed an"item" within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You further agree that you will not use the Service to deposit any Checks or other items that: (a) are payable to any person or entity other than yourself, (b) are prohibited by Bank's then current Procedures pertaining to the Service or are in violation of any law, rule or regulation, (c) you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Checks are drawn, (d) have not been previously endorsed by a bank and are either "substitute checks" (as defined in Reg CC or other applicable federal law or regulation) or "image replacement documents" that purport to be substitute checks, without Bank's prior written consent, (e) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (f) are not acceptable to Bank for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (f) each a "Prohibited Check" and, collectively, "Prohibited Checks"). If you deposit a Prohibited Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Bank's written consent to do so, you provide Bank with an electronic representation of a substitute Check for deposit into an Account instead of an original Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Bank incurs because any such substitute Check resulting from such electronic representation does not meet applicable substitute Check standards and/or causes duplicate payments.
3. Requirements. You understand you must, and hereby agree to, at your sole cost and expense, use a mobile device that meets all technical requirements for the proper delivery of the Service and that fulfills your obligation to obtain and maintain secure access to the Internet. You understand and agree you may also incur, and shall pay, any and all expenses related to the use of the Service, including, but not limited to, telephone service or Internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of the Service. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with the Service and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements. Bank is not responsible for, and you hereby release Bank from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using electronic mail or the Internet. Bank is not responsible for, and you hereby release Bank from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your computer hardware or software, or failures of or interruptions in any electrical, telephone or Internet services. Bank hereby advises you, and you hereby agree to scan its computer hardware and software on a regular basis using a reliable computer virus detection product in order to detect and remove computer viruses.
Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and your account number and "FOR MOBILE DEPOSIT ONLY at NBC OKLAHOMA." Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
4. Security Interest. You grant Bank a security interest in all of your Accounts or other deposits (whether general or special) at the Bank, and in all funds in such Accounts or other deposits, to secure your obligations to Bank under this Addendum. This security interest will survive termination of this Addendum.
5. Receipt of Deposit. All images processed for deposit through Mobile Deposit will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, the deposit will be in pending status. Deposit accept/fail status can be confirmed by viewing the Deposit History screen. A pending status does not mean that the image contains no errors. Notwithstanding the fact that we have accepted a Mobile Deposit for processing, any credit made to your Account shall be provisional, and you shall remain liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, us.
We shall have no liability to you for the rejection of a Mobile Deposit or the Images or other information contained therein or for our failure to notify you of such rejection. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images.
6. Original checks. After you have verified that we have received and posted your deposit, you must securely store the original check for 15 days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 2 business days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.
You agree that you will never present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
7. Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is Provisional. As used herein, "Provisional" means that the credit is made to your Account subject to final payment of the Checks and subject to the terms of the Account Agreement. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
8. Your Warranties. You make the following warranties and representations with respect to each image:
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Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
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The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
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You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
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There are no other duplicate images of the original check.
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The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
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You are authorized to enforce and obtain payment of the original check.
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You have possession of the original check and no party will submit the original check for payment.
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With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
9. Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You agree to comply with all existing and future operating procedures used by Bank for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting checks and drafts, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and the Electronic Check Clearing House Organization ("ECCHO" and any other clearinghouse or other organization in which Bank is a member or to which rules Bank has agreed to be bound. These procedures, rules, and regulations (collectively the "Rules") and laws are incorporated herein by reference. In the event of conflict between the terms of this Addendum and the Rules, the Rules will control.
10. Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs or by mailing the original check to: NBC Oklahoma, PO Box 21000 Oklahoma City, OK 73156. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature you sustain as the result of your inability to use the Service.
11. Funds Availability. Mobile Deposits received before 3 PM Central Time on a business day will be considered deposited on that day. Deposits received after 3 PM Central Time and deposits received on holidays or days that are not our business days will be considered deposited on the next business day. Funds from mobile deposits will be available to you within two business days from the date we provide you provisional credit for the Mobile Deposit.
12. Business Days. Our business days are every day except Saturdays, Sundays and federal holidays.
13. Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 800-590-2580 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Addendum.
14. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Fiserv, Inc. retain all rights, title and interests in and to the Services, Software and Development made available to you.
15. Accountholder's Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless, including our affiliates, officers, employees, and agents against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney's fees and expenses arising from your use of the Services and/or breach of this Addendum. You understand and agree that this paragraph shall survive the termination of this Addendum.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv, and hold harmless Fiserv, its affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User's use of the Services, Fiserv Applications, unless such claim directly results from an action or omission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Addendum.
16. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE 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 ANY REMOTE BANKING SERVICE, 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 ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED
17. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES 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 ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. ANY PROVISION IN THIS ADDENDUM, ANY OTHER AGREEMENT OR THE RULES TO THE CONTRARY NOTWITHSTANDING, BANK SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND BANK'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS.
18. Amendments. Bank may amend the terms of this Addendum at any time, in its sole discretion, by giving notice to you. If required by this Addendum or by applicable law, notice will be given for the applicable required number of days in advance of each such amendment. Your continued use of the Service shall constitute your agreement to such amendments. No amendments requested by you shall be effective unless received, and agreed to in writing, by Bank.