Terms and Conditions

Thank you for using the First National Bank Mobile Banking Services (“Mobile Services”) which may be accessed by a supportable mobile device including, without limitation, a cellular phone, smart phone, or other mobile device that satisfies the hardware and software requirements specified by Financial Institution from time to time (“Device”) and any related Software (“Software”) provided by First National Bank of Walker (“Financial Institution”) combined with your Device's text messaging capabilities.  By checking the box below or participating in the Mobile Services or using the Software, you are agreeing to (i) the following terms and conditions (“Supplemental Terms and Conditions”) together with (i) the terms and conditions of the Financial Institution Internet Banking Agreement and Disclosures (“Online Agreement”), which may be accessed by clicking here, as amended from time to time, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Mobile Services are a part.  Financial Institution in its discretion may modify these Supplemental Terms and Conditions at any time without prior notice to you, except as may be required by law.  By continuing to use the Mobile Services after the effective date of any such change, you confirm your agreement to such change.  Standard messaging and data charges apply. 

General Terms and Conditions:

a.  Program: Financial Institution offers its customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (“SMS”), Browser Banking, as well as the Mobile Application.  Financial Institution also offers the Mobile Remote Deposit Capture service that provides you the ability to access and make deposits to your designated eligible accounts (“Accounts”).  The Mobile Remote Deposit Capture service enables you to use your Device to scan a digital image (“Image”) of original paper checks (“Original Checks”) that are drawn on or payable through United States financial institutions and to electronically submit the Image and associated deposit information to Financial Institution from your home or other remote locations using the Software for deposit into an Account for collection thereafter by Financial Institution.  The Mobile Services are offered as a convenience and supplemental service to our Internet Banking Services.  It is not intended to replace access to online banking with Financial Institution from your personal computer or other methods you use for managing your accounts and services with Financial Institution.  In utilizing the Mobile Services, you agree to the terms and conditions of the Online Agreement.  These Supplemental Terms and Conditions are a supplement to the Online Agreement, and the Mobile Services shall be considered Internet Banking Services for purposes of such Online Agreement.  Not all functions that are described in your Online Agreement available as Internet Banking Services may be available with the Mobile Services.  In the event of a specific conflict between the terms of these Supplemental Terms and Conditions and your Online Agreement and relating to the Mobile Services, the terms of these Supplemental Terms and Conditions shall prevail.  Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number.  For Text Banking (SMS) and Browser Banking, the mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website.  For Mobile App Banking, the customer will have to visit the App Store or Google Play Store and search for touchbanking, open the app and when asked for the “app code” enter fnbnorth followed by their Internet Banking login credentials.  Customers will be allowed to opt out of this program at any time. 

b.  Questions: You agree to accept responsibility for learning how to use the Mobile Services in accordance with any instructions provided and agree that you will contact Financial Institution directly if you have any problems with the Mobile Services.  In the event of any modifications, you are responsible for making sure you understand how to use the Mobile Services as modified.  You also accept responsibility for making sure that you know how to properly use your Device and Financial Institution will not be liable to you for any losses caused by your failure to properly use the Mobile Services or your Device.  You can contact us at “www.fnbnorth.com” or 218-547-1160:  We can answer any questions you have about the program. 

c.  The Mobile Services and/or Software may not be available at any time for any reason outside of the reasonable control of Financial Institution or any service provider.  Financial Institution reserves the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through the Mobile Services. Financial Institution, in its sole discretion, may also modify the scope of the Mobile Services provided at any time without prior notice to you, except as may be required by law. The Mobile Services may not be accessible or may have limited utility over some network carriers. In addition, the Mobile Services may not be supportable for all Devices. Financial Institution cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues.

d.  Financial Institution may offer additional Mobile Services and features in the future.  Any such added Mobile Services and features will be governed by these Supplemental Terms and Conditions and by any terms and conditions provided to you at the time the new Mobile Services or feature is added and/or at the time of enrollment for the feature or Mobile Services, if applicable. 

e.  You agree that Financial Institution may provide you with all disclosures, notices, and other communications about the Mobile Services, and any future amendments or changes or additions to these Supplemental Terms and Conditions, in electronic form.  Financial Institution will provide all future updates to these Supplemental Terms and Conditions by posting the updated Supplemental Terms and Conditions on its website.  At your request, Financial Institution agrees to provide you with a paper copy of these Supplemental Terms and Conditions.  You may request paper copies of these Supplemental Terms and Conditions by calling a Client Service Specialist at (218) 547-1160.  Your consent to receive notices and updates in electronic form only will apply for as long as you use the Mobile Services.  You may withdraw your consent at any time by choosing to cancel the Mobile Services. 

Mobile Remote Deposit Capture Service Terms and Conditions:

a.  To access the Mobile Remote Deposit Capture service you must have or acquire and maintain a compatible Device and a wireless plan from a compatible wireless carrier.  You must be a Financial Institution Internet banking customer who has the Mobile Banking application installed on your Device. 

b.  You may scan and submit Images for deposit to Financial Institution subject to the following dollar limits established for you by Financial Institution, which dollar limits Financial Institution, in its sole discretion, may adjust up or down from time to time without prior notice to you.  Our standard deposit limit ill allow you to deposit up to $2,500.00 per day.  Each check must be deposited separately.  The aggregate daily Image deposit limit is also $2,500.  Financial Institution may, at its sole discretion, accept or refuse any Image deposit, whether or not such deposits exceed the applicable dollar limits.  If at any time Financial Institution accepts an Image deposit that exceeds your deposit limits such deposit will remain subject to the terms of these Supplemental Terms and Conditions, and Financial Institution will have no obligation to accept deposits exceeding applicable deposit limits in the future.  Financial Institution reserves the right to disable your access to the Mobile Remote Deposit Capture service.  The following account types are currently eligible for the Mobile Remote Deposit Capture Service:  checking and savings accounts.

c.  Your scanning and submitting Image deposits alone does not constitute receipt of the deposit by Financial Institution.  You should view the deposit history on your mobile application to view the status of your deposit.  Generally, Image deposits received prior to 1:30 p.m., Central Time are processed on the business day of receipt.  Any Image deposit received after this time or on Saturdays, Sundays, and holidays when Financial Institution is closed will be processed on Financial Institution's next business day.  Acknowledgment that your Image deposit has been received by Financial Institution does not mean that the Image deposit has been accepted.  Once accepted, the deposit will be processed through the normal banking channels and you must check your account history to confirm the check has posted to your Account.  If there is a problem with the deposit during processing, the customer will be notified of the issue. 

d.  You agree that you will use the Mobile Remote Deposit Capture service to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with Financial Institution.  All other items may be deposited by alternate methods such as in person or by mail.  You also agree that you will not use Mobile Remote Deposit Capture service to deposit: 

• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you). 

• Checks payable to you and another party who is not a joint owner on the account.

•  Checks that contain evidence of alteration, or that 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.

• 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, and you agree to obtain such endorsements prior to submitting the Original Check through the Mobile Remote Deposit Capture service.   

e.  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, magnetic ink character recognition (“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 share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include your signature and “mobile deposit only”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

f.  You represent that you are an authorized user of the Device you will use to access the Mobile Remote Deposit Capture service.  You also understand that Financial Institution is not obligated to accept for deposit any Image, including, without limitation, any Image that Financial Institution in its sole discretion determines to be ineligible for the Mobile Remote Deposit Capture service.  Ineligible items include but are not limited to:  (i) Images of items drawn on banks located outside the United States, (ii) Images that are illegible, (iii) Images of checks previously converted to Substitute Checks (as defined by Check 21), and (iv) Images with unreadable MICR information.  You acknowledge and agree that even if Financial Institution does not identify an Image as ineligible, the Image may be returned to Financial Institution because, among other reasons, the Image or any Substitute Check created from the Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution.  Financial Institution's failure to identify an Image you transmit to Financial Institution as ineligible shall not preclude or limit your obligations.

g.  You agree to keep confidential all account and other personal information obtained from Original Checks processed through the Mobile Remote Deposit Capture service.  After you receive confirmation that Financial Institution has received an Image, you must securely store the Original Check for forty five (45) days after transmission to Financial Institution and make the Original Check accessible to Financial Institution at our request.  Upon Financial Institution’s request from time to time, you will deliver to Financial Institution within ten (10) days, at your expense, the requested Original Check in your possession.  If not provided in a timely manner, such amount may be reversed from your Account.  You shall fully destroy each Original Check forty five (45) days following Financial Institution’s confirmation of receipt of the Image and crediting of your Image deposit or as Financial Institution may otherwise instruct.  You understand each Original Check must be fully destroyed following any applicable retention period, and then using a cross cut paper shredder or another commercially reasonable means of destruction.  You are responsible if an Original Check is misused following submission by Image deposit, including, but not limited to, situations where anyone is asked to make a payment based on an Original Check that has already been paid.

h.  You make the following warranties and representations to Financial Institution with respect to each Image:

•  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.

•  The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.

• 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. 

• There are no other duplicate Images of the Original Check.

• 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.

• You are authorized to enforce and obtain payment of the Original Check.

• You shall destroy the Original Checks as required by these Supplemental Terms and Conditions.

• You have possession of the Original Check and no party will submit the Original Check for payment.

Additionally, with respect to each Image, you make to us all representations and warranties that Financial Institution makes or is deemed to make to any party pursuant to law, regulation or clearinghouse rule.  You agree that files and Images transmitted to Financial Institution will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

i.  You shall not make the Mobile Remote Deposit Capture service available or transfer your rights to use the Mobile Remote Deposit Capture service for the benefit of any third party.

j.  You maintain with Financial Institution at least one Account for the purpose of providing available funds and for deposit of received funds in connection with the use of the Mobile Remote Deposit Capture service.  You agree to maintain sufficient available funds in the Account(s) to cover all returned and rejected items and any fees you are obligated to pay hereunder.  If at any time there are not sufficient collected funds in the Account(s) to cover your payment obligations hereunder, you agree to immediately pay Financial Institution, on demand, the amount of any deficiency and we may, without prior notice or demand, obtain payment from you for any of your obligations hereunder by debiting any of your accounts with Financial Institution.

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 the Mobile Remote Deposit Capture service is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to us. 

If you believe or suspect that any Original Checks or related information is known or may be accessed by unauthorized persons, or that any unauthorized person has transmitted or attempted to transmit one or more checks, you agree to notify us immediately, followed by written confirmation within twenty-four (24) hours.  Unauthorized transactions will not affect the validity of transactions made in good faith by Financial Institution prior to receipt of such written notification and Financial Institution shall not be liable for any such transactions. 

k.  All Images processed for deposit through the Mobile Remote Deposit Capture service will be treated as “deposits” under your current account agreements with us and will be subject to all terms of your current account agreements.  When Financial Institution receives and accepts an Image, Financial Institution will acknowledge receipt of your Image deposit submitted through the Mobile Remote Deposit Capture service (or notify you if an Image is not eligible for deposit or otherwise rejected) through the deposit history on your mobile application.  Financial Institution shall not be deemed to have received and accepted the Image for deposit until Financial Institution has confirmed receipt and acceptance to you via the deposit history on your mobile application.  Confirmation does not mean that the Image contains no errors.  Financial Institution is not responsible for such errors or any Image that Financial Institution does not receive.  Following receipt, Financial Institution may process the Image by preparing a “substitute check” or clearing the item as an image.  Funds will be available as described in our general funds availability disclosures.  Financial Institution's ability to provide the Mobile Remote Deposit Capture service is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and Financial Institution's response.  Financial Institution shall not be liable or responsible for any loss or damage incurred due to Images that Financial Institution does not receive, for any Images that are dropped during transmission, or the failure or interruption of the Mobile Remote Deposit Capture service, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within Financial Institution's control.  Financial Institution is not liable for any alterations made to Images after they are transmitted by you to Financial Institution.

l.  Any credit to your Account for checks deposited using the Mobile Remote Deposit Capture service is provisional.  If Original Checks deposited through the Mobile Remote Deposit Capture service 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 Financial Institution’s approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.  Financial Institution reserves the right to redeposit dishonored checks and attempt collection again, unless you provide special instructions regarding return deposit items.  Financial Institution may debit any of your accounts with us 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.

m.  All fees and charges related to any Account you access with the Mobile Remote Deposit Capture service as stated in the applicable Fee Schedule for the Account will remain in effect when using the Mobile Remote Deposit Capture service.  The monthly fees and charges, if any, for the use of the Mobile Remote Deposit Capture Service are found in the applicable fee Schedule.

Other Agreements.  In addition to the Online Agreement, these Supplemental Terms and Conditions are in addition to any deposit account agreements you have with us, including signature cards, account terms and conditions, schedules, disclosures, and change of terms notices (the “Deposit Agreements”).  These Supplemental Terms and Conditions are also in addition to any loan or credit agreements you have with us, including documents containing terms and conditions, schedules, and disclosures (the “Loan Agreements”).  Further, these Supplemental Terms and Conditions are in addition to the Terms of Use of the Bill Payment System, Cash Management Customer Agreement, ACH agreements, wire transfer agreements, disclaimers, and terms and conditions posted on our website, as may be amended from time to time, and applicable laws and regulations.

You also agree that, when you use the Mobile Services, you remain subject to the terms and conditions of your existing agreements with any service providers unaffiliated with Financial Institution, including, but not limited to, your mobile service provider and that these Supplemental Terms and Conditions does not amend or supersede any of those agreements.  You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Mobile Services (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Mobile Services), and you agree to be solely responsible for all such fees, limitations and restrictions.  You agree that only your mobile service provider is responsible for its products and services.  Accordingly, you agree to resolve any problems with your provider directly without involving us. 

Representations and Warranties.  You represent and agree that all information you provide to Financial Institution in connection with the Mobile Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile Services.  You agree not to misrepresent your identity or your account information.  You agree to keep your account information up to date and accurate.  You represent that you are an authorized user of the Device you will use to access the Mobile Services. 

User Security.  In addition to taking the security precautions described in the Online Agreement, you agree to comply with any security procedures that Financial Institution may establish from time to time.  By complying with any such security procedures and using the Mobile Services, you agree that such security procedures are commercially reasonable.  Our security features may require special hardware, software or third-party services.  They may also include the activation of certain internet browser software features, plug-ins or add-ons.  You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the Mobile Services.  You acknowledge that the security procedures are for verification of authenticity and not to detect errors.  No security procedure for the detection of any such error has been agreed upon between us and you; such errors are the sole responsibility of you.  You agree not to leave your Device unattended while logged into the Mobile Services and to log off immediately at the completion of each access by you.  You agree not to provide your username, password or other access information to any unauthorized person.  If you permit other persons access to your Device or to use your Device, login information, or other means to access the Mobile Services, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.  You agree not to use any personally identifiable information when creating shortcuts to your accounts.  If you believe your Device, login information, or other means to access the Mobile Services has been lost, stolen or otherwise compromised, or that someone has transferred or may transfer funds from your account without your authorization, please contact us immediately by calling 218-547-1160.  The terms of these Supplemental Terms and Conditions, your applicable Deposit Agreement(s) or other agreements with us, and applicable law, shall govern loss allocation under such circumstances.  If warranted in Financial Institution’s reasonable judgment, Financial Institution may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations hereunder.

Privacy and User Information.  You acknowledge that in connection with your use of the Mobile Services, Financial Institution 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 Mobile Services or Software (collectively “User Information”).  The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Mobile Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.  The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Mobile Services and Software for purposes of verifying compliance with the law, these Supplemental Terms and Conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.  You assume all risk that any communications or other information sent through, received by or stored in your Device may be accessed by unauthorized third parties.  Such communications and information may include your name and information pertaining to your account(s) with us and may not be encrypted.

Limitation of Liability and Disclaimer of Warranty.  The Financial Institution will be responsible for acting only on those instructions sent through the Mobile Services which are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.  The Financial Institution is not responsible for any losses or delays in transmission of instructions arising out of the use of any mobile services provider or caused by any Device.  Any information you receive from the Financial Institution can only be provided on a best-efforts basis for your convenience and is not guaranteed.  The Financial Institution is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information.  The Financial Institution is not responsible for any Device, virus or related problems that may be attributable to the Mobile Services or to any services provided by any mobile service provider. 

YOU AGREE YOUR USE OF THE MOBILE 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.  FINANCIAL INSTITUTION DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  YOU AGREE THAT NEITHER THE FINANCIAL INSTITUTION NOR ANY PERSON OR COMPANY ASSOCIATED WITH THE FINANCIAL INSTITUTION SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE YOUR DEVICE, OUR MOBILE SERVICES OR THE PRODUCTS OR SERVICES PROVIDED ON OUR THROUGH THE MOBILE SERVICES.  THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY OTHER LEGAL THEORY.  THIS PROTECTION COVERS THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL OF ITS SERVICE PROVIDERS.  THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00.  THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.  IN NO EVENT SHALL THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.  ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF THE MOBILE SERVICES ARE EXCLUDED EVEN IF THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.  If you use or misuse the Mobile Services or your Device in a way that causes a lawsuit or other claim of injury against the Financial Institution or otherwise breach these Supplemental Terms and Conditions, you have certain responsibilities unless such lawsuits or claims result from Financial Institution’s misconduct or gross negligence.  You agree to defend, indemnify and hold the Financial Institution harmless from and against any claims, actions or demands, liabilities and settlements arising from your use of the Mobile Services and/or breach of these Supplemental Terms and Conditions, including, without limitation breach of any agreements, representations or warranties contained herein.  This indemnification also covers the Financial Institution’s officers, directors, employees, agents, technology partners, and suppliers.  Your indemnification includes, without limitation, the costs of reasonable legal and accounting fees and expenses. 

Restrictions on Use.  You agree that the Mobile Services are only for the personal or business use of individuals authorized to access your account information.  You agree not to make any commercial use of the Mobile Services or resell, lease, rent or distribute access to the Mobile Services.  You agree to use the Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations.  You warrant that you will only transmit acceptable items for deposit using the Mobile Services and have handled the Original Checks in accordance with applicable laws, rules and regulations.  You agree not to use the Mobile Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.  Without limiting the foregoing, you agree that you will not use the Mobile 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 Financial Institution (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  Financial Institution or any third-party service provider involved in the provision of the Mobile 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 Mobile 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  Financial Institution, any third-party service provider involved in providing the Mobile 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 Mobile 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 the provision of the Mobile Services or Software, the security of the Mobile Services or Software, or other customers of the Mobile Services or Software, or otherwise abuse the Mobile Services or Software.

Termination.  Financial Institution, in its sole discretion, reserves the right to suspend or terminate your Mobile Services at any time without prior notice to you, except as may be required by law.  Any termination of the Mobile Services by either party will not affect obligations, representations or warranties of the parties arising prior to such termination.  On the termination date, all licenses and/or sublicenses granted to you pursuant hereto shall terminate immediately, and you shall cease using the Mobile Services and Software.  In addition, you will keep your Account(s) with us open until the later of (i) sixty (60) days after the date of termination, or (ii) final payment with respect to all processing fees, and will keep in such Account(s) an amount sufficient to cover any remaining obligations pursuant hereto.  If any such outstanding obligations pursuant hereto exceed the amount in your account(s) with us, you will pay such excess to us upon demand. 

BY CHECKING THE BOX BELOW OR PARTICIPATING IN THE MOBILE SERVICES OR USING THE SOFTWARE, YOU ARE AGREEING TO (I) THESE SUPPLEMENTAL TERMS AND CONDITIONS TOGETHER WITH (II) THE TERMS AND CONDITIONS OF THE ONLINE AGREEMENT.