PLEASE READ THIS AGREEMENT IN ITS ENTIRETY AS IT CONTAINS INSTRUCTIONS YOU MUST FOLLOW IN ORDER FOR YOUR DEPOSIT TO BE ACCEPTABLE. IF YOU DO NOT FOLLOW THESE EXACT INSTRUCTIONS, YOUR DEPOSIT MAY BE REJECTED.
1. Services. First National Bank/Colorado First National Bank's Mobile Deposit services ("Services") are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to First National Bank/Colorado First National Bank or our designated processor. The Services are available after your enrollment application has been accepted by us.
4. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by First National Bank/Colorado First National Bank. First National Bank/Colorado First National 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.
5. Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to First National Bank/Colorado First National Bank is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
· Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
· Checks containing an alteration on the front of the check or item, or 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 is drawn.
· Checks previously converted to a substitute check, as defined in Reg. CC.
· Checks drawn on a financial institution located outside the United States.
· Remotely created checks, as defined in Reg. CC.
· Foreign items or checks not payable in United States currency.
· Checks or items prohibited by the bank's current procedures relating to the services or which are otherwise not acceptable under the terms of your account.
· Checks with any endorsement on the back other than that specified in this agreement.
· Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
· Checks that have previously been deposited or negotiated in any way via any method at First National Bank/Colorado First National Bank or any other financial institution.
· Rebate checks, money orders, or bonds.
· Checks with misplaced, incomplete, or missing Magnetic Ink Character Recognition (MICR) Lines.
6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as "For FNB Mobile Deposit Only, Account #______", along with the owner’s signature, or as otherwise instructed by First National Bank/Colorado First National Bank. Endorsements should be made on the back of the check within 1 ½ inches from the top edge. You agree to follow any and all other procedures and instructions for use of the Services as First National Bank/Colorado First National Bank may establish from time to time.
7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from First National Bank/Colorado First National Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our charge back of an ineligible item.
8. Availability of Funds. Checks deposited via the Service by the Bank's stated 3:00 p.m. MT deadline will be considered deposited on that business day and subject to the Funds Availability disclosure provided during account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available on the first business day after the day of deposit.
9. Disposal of Transmitted Items. You agree never to re-present the item. You agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 calendar days, you agree to destroy the check that you transmitted. Promptly after the 30 calendar day period, you must destroy the check by shredding, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to First National Bank/Colorado First National Bank at your expense.
10. Deposit Limits. We reserve the right to and may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
11. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in First National Bank/Colorado First National Bank's sole discretion subject to the agreements governing your account.
12. Duplicate Presentment of Checks. Once you have used the Services to deposit a check, you agree not to present, or allow anyone else to present, that original check or a substitute check again for deposit. A substitute check returned to you may only be deposited at a branch, night drop or drive-thru location. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if has been charged back to you. You will be liable for checks that are presented and/or deposited more than once. If you or anyone else present a check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that we may debit from your bank account for the aggregate amount of any checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency from any other of your account(s) with the Bank in our sole discretion. Intentional duplicate presentments may lead to termination of the Service.
13. Errors. You agree to notify First National Bank/Colorado First National Bank of any suspected errors regarding items deposited through the Services immediately, and in no event later than 60 days after the applicable First National Bank/Colorado First National Bank account statement is sent. Unless you notify First National Bank/Colorado First National 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 against First National Bank/Colorado First National Bank for such alleged error.
14. Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First National Bank/Colorado First National Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
15. Image Quality. The image of an item transmitted to First National Bank/Colorado First National Bank using the Services must be legible, as determined in the sole discretion of First National Bank/Colorado First National Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by First National Bank/Colorado First National Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
16. User Warranties and Indemnification. You warrant to First National Bank/Colorado First National Bank that:
· You will only transmit eligible items.
· You will not transmit duplicate items.
· You will not re-deposit or re-present the original item.
· All information you provide to First National Bank/Colorado First National Bank is accurate and true.
· You will comply with this Agreement and all applicable rules, laws, and regulations.
· You are not aware of any factor which may impair the collectability of the item.
· You agree to indemnify and hold harmless First National Bank/Colorado First National Bank from any loss for breach of this warranty provision.
· Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions. 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 Agreement.
18. Termination. We may terminate this Agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. We may turn off the Service for reasons including but not limited to: if we suspect fraud, if you misuse the Services, if you deposit items more than once, if you do not notify us of a known error, or if you have excessive overdrafts or returned items.
19. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
20. Ownership & License. You agree that First National Bank/Colorado First National 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 First National Bank/Colorado First National Bank's business interest, or (iii) to First National Bank/Colorado First National Bank's actual or potential economic disadvantage in any aspect. You may use the Services only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
21. Legal Compliance and Export Restrictions. You represent and warrant that: 1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” county; and 2) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge that the Services may be subject to other U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to us as well as end-user, end-use, and destination restrictions imposed by U.S. and foreign governments.
22. 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 MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 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.
23. 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 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 THESE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST NATIONAL BANK/COLORADO FIRST NATIONAL BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.