This Banking Online Agreement (The “Agreement”) governs your use of First Community Bank of East Tennessee’s Internet Banking (the “Service”) available to you online or by mobile phone or other supported wireless devices. By subscribing to the Service or using the Service, you agree that you have complied with online instructions in accessing the Service and that you will be bound by the terms of this entire Agreement. Please read this Agreement carefully and keep a copy for your records.
In this Agreement, “you” or “your” refers to the person(s) subscribing to or using the Service; “we” “us” or “our” refers to First Community Bank of East Tennessee (FCB) and any agent, independent contractor, designee, or assignee FCB may, in its sole discretion, involve in the provision of the Service.
A. The Service. This agreement applies whether accessing your accounts through the Internet, mobile device or other software. Additional terms and conditions that apply to the Mobile Banking services that we may provide to you are described in Section III. of this Agreement. You may check the balance in your designated First Community accounts and view account transactions, request transfer(s) of funds between eligible accounts, request payments to designated third parties (“Payees”) and other services as described in this Agreement.
B. Custodial Accounts. For any eligible Custodial Accounts linked to your Internet Banking profile, you agree, acknowledge and assume all responsibilities as custodian under any applicable laws and regulations. You will not access the Custodial Account, transfer funds into or out of the account or use the account for any reason other than for the benefit of the person over whom you have custody pursuant to your responsibilities as custodian. You release and hold us harmless from any liability for any use or transactions made on the account through the Service that are in violation of these terms and conditions and this Agreement.
C. Systems Requirements. For Internet Banking, you must have access to a device with Internet access using a modern browser such as the current and prior Major Releases of Microsoft Internet Explorer, FireFox, Safari, and Google Chrome. Note: Other modern browsers may work, but are not supported. We currently do not support the interface with Intuit’s Quicken, Quickbooks or Microsoft Money.
D. Internet Gambling; Illegal Transactions. We may, but
are not required to, deny authorization for any Internet gambling transactions.
You agree not to use the Service or any of your Accounts for any illegal
activity. You agree that use of the Service or your Account for illegal
activity will be deemed an action of default and/or breach of contract and, in
such event, the Service and/or any of your Accounts may be terminated at our
discretion. You further agree that should illegal use occur, you waive any
right to sue us for such illegal use or any activity directly or indirectly
related to it, and you agree to indemnify and hold us harmless from any suits,
legal action, or liability directly resulting from such illegal use.
E. Your Password. You will be asked to choose an alpha-numeric, complex password which you will use to obtain access to Internet Banking. You should not use your ATM Card personal identification number (“PIN”) as your password. You authorize us to follow any instructions entered through the Service using your password.
Because your password can be used to obtain information and access money in your Accounts, you should treat your password with the same degree of care and secrecy that you use to protect your PIN or other sensitive personal financial data. You agree not to give your password, or make it available, to any person not authorized to access your Accounts.
F. Our Liability for Failure to Complete Transactions. We will process and complete all transfers (to and from eligible accounts) properly initiated through the Service in accordance with the online or mobile instructions provided within Internet Banking and the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount in accordance with online or mobile instructions provided with Internet Banking and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages.
Further, we will not be liable if:
a. Through no fault of ours, you do not have enough money in your account to make the transfer or payment.
b. The Service, your PC, Internet connection or mobile device is not working properly
c. A Payee mishandles or delays handling payments sent by us.
d. You have not provided us with the correct Payee name, address, account information or payment amount.
e. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
f. We determine that the transaction is related to Internet gambling or to some illegal activity as set forth in Section I.D.
G. Alerts. In connection with the Service, we will provide alerts to you. Some of these alerts are optional and can be managed by you by visiting the ”Alerts” page under – the “Options” tab. Some are provided for security reasons and cannot be turned off by you. You agree that these alerts are in addition to and not a replacement for services received by you under the Bank Depositor Agreement or any other special account services agreements you have entered with us. You acknowledge that these alerts are provided as a convenience to you and agree that we shall have no liability to you for any delay in or failure to provide an alert, any inaccuracy in an alert, or any interception of an alert by an unauthorized person or entity.
H. Mobile Alerts. If you choose to provide us with a mobile number, you are representing and warranting that you are the mobile device account number holder or that you have authority from such account holder to use the mobile number in connection with the Service. Further, you are consenting to receive alerts and other communications from us by pre-recorded artificial voice messages, phone call or text message to that number. Text or data charges may be imposed by your carrier. You agree to notify us of a change to your mobile number by removing the mobile number by calling Customer Service.
I. Statements. All of your payments and funds transfers made through the Service will appear on your monthly account statement(s). The Payee name, payment amount, and Transaction Date will be reflected for each payment made through the Service. You can choose to receive statements and other communications electronically instead of in paper form. When a statement or document is delivered online, we send an email to alert you that it is available for viewing. To begin receiving electronic statements, you must consent to the terms of the Electronic Statement / Notice Delivery.
J. Fees. Your fees are as listed in the fee schedule, your account agreement, and terms and conditions, as modified from time to time. We will notify you of any changes.
K. Equipment. We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service: (ii) the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or (iii) any defect or malfunction of your PC, Internet connection device or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
L. Business Days/Hours of Operation. Our business days are Monday through Friday, except for bank holidays. The Service is available 24 hours a day, seven days a week for the scheduling, modification, or review of payment orders and for funds transfers and balance inquiries, except during maintenance periods.
M. Notice of Your Rights and Liabilities.
(1) Consumer Accounts. This subsection applies only to accounts that are established primarily for personal, family or household purposes. Tell us AT ONCE if you believe that your password has been lost, stolen or compromised. Otherwise, you could lose all the money in your accounts accessed by the password. Telephoning is the best and fastest way of keeping your possible losses down.
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, call:
Customer Service – 877-217-8110
or write to:
Internet Banking Services
First Community Bank of E TN
P. O. Box 820
Rogersville, TN 37857
If you tell us within two (2) business days after you discover that your password has been lost or stolen, you will have zero liability 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 $500.00.
Also, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 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 hospital stay) prevented you from telling us, we will extend the time periods.
(2) Business Accounts. You agree to tell us of any unauthorized transactions, or the loss or compromise of your password, within two (2) business days of discovery. You may call your account officer or use the numbers listed in subsection (a) above. If you do not notify us in two business days, we will not be responsible for unauthorized transactions that we could have prevented had you provided timely notice. In no event may you assert an unauthorized transfer claim against us more than 14 days after the record of such transfer became available online for access through your PC, whether or not such information was accessed.
N. Errors and Questions. In case of errors or questions about your electronic transfers or payments, you should telephone Customer Service at 877-217-8110.
We must hear from you no later than sixty (60) days after you received the FIRST statement or notification on any of your devices in which a problem or error appeared.
a. Tell us your name and account number.
b. 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.
c. Tell us the dollar amount of the suspected error.
We will tell you the results of our investigation within ten (10) business days 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 to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) business days for the amount you think is in error, 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 do not receive it within ten (10) business days, we may not re-credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
O. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make:
a. Where it is necessary for completing a transaction; or
b. In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
c. In order to comply with a governmental agency or court orders; or
d. If you give us your written permission; or
e. To our affiliates or for purposes of offering or providing you with other products or services; and
f. In accordance with our Privacy Notice and Internet Privacy Notice.
P. Termination. You may terminate your use of the Service at any time by calling Customer Service at 877-217-8110 or write to: Internet Banking Services, First Community Bank of E TN, P. O. Box 820, Rogersville, TN 37857. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Transaction Date within this ten-day period, you also must separately cancel those payments. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Transaction Dates during the ten (10) days following our receipt of your written notice of termination. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Accounts are closed, or access to your Accounts is restricted, for any reason. If you would like to transfer the Service to a different account with us, you must provide ten (10) business days advance written notice. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.
Q. Limitation of Liability. Except as otherwise provided in this Agreement, 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 Service 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 the Service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if FCB has been informed of the possibility thereof.
R. Software. The software programs providing the Services are provided “as is.” We disclaim all warranties whatsoever concerning the software, specifically including without limitation any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets in its human perceivable form and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the software to a human-perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels or marks on the software or accompanying documentation. You agree not to transfer or otherwise sublicense the right to use the Services, attempt to copy or otherwise reproduce the Service; attempt to access or decompile, reverse engineer or otherwise derive the source code for the Service, resell or use the Service for the benefit of any other entity other than you, or alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any interfaces related to the Service or authorized reproductions thereof.
S. Privacy Notice. Our Privacy Notice applies to your use of our website and our mobile device applications and supplements this Agreement. In the event of a conflict between the Privacy Notice and this Agreement, the terms of the Notice shall govern the matter. To the extent, any information collected is “nonpublic personal information” as defined by the Gramm-Leach-Bliley Act of 1999 and applicable regulations (as amended from time to time), the Privacy Notice for Customers of First Community Bank (Privacy Notice) will apply to our use of such information.
T. Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to the Service and supplements the Bank Depositor Agreement related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control.
U. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Tennessee, without regard to any state’s conflicts of laws provisions.
V. Amendments. We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the Bank Depositor Agreement governing your accounts.
W. Severability. The same severability provisions, which are set forth in the Bank Depositor Agreement, shall also apply to this Agreement.
II. Bill Payment
A. The Bill Payment Service. You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you or on your behalf and that has an address we can verify. You may also make payments through the Service to individuals, family, or friends for non-business purposes.
Payments may be made only to Payees with a U.S. payment address. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through the Service. FCB does not recommend using online bill payment services to fund brokerage or investment services. We may impose a dollar amount limit on bill payment transactions. We will notify you in the event such a limit is put in place. Loan payments, other than the amount due, cannot be designated as principal, interest or payoff.
B. Your Personal Payee List. You must provide sufficient information about each Payee (“Payee Information”), as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account (“Payee Account”) to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You can enter your Payee Information using “Bill Pay”. Additions, deletions, and modifications to Payee Information are also entered using “Bill Pay”. From time to time we may set or change the number of Payees you may designate to receive payments through the Service.
C. Delivery of Your Payments. You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on a recurring schedule, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be “initiated” on any day. The date on which a payment is to be “initiated” is the date on which funds are to be deducted from your Account. This date is referred to in this Agreement as the “Transaction Date.” If your recurring payment date does not exist in a particular month (for example, February 30), your payment will be initiated by the last day of that month, if a business day, or the following business day of that month. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose, by an electronic funds transfer, or by other means. For each payee, you designate to receive a payment through the Service, the payment method, either check or electronic funds transfer, alerts you to how the payment will be sent. Because of the time it takes to transmit your payment to your Payees, they generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Rush payment, a Future Payment, or a Recurring Payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date for each payment sent by electronic funds transfer must be at least 1, 2 or 3 business days prior to the date your payment is due (payee lead times may vary), excluding any applicable grace periods (the “Electronic Transfer Due Date”) and for each payment sent by check at least 7-10 business days prior to the date your payment is due, excluding any applicable grace periods (the “Check Due Date”); the Electronic Transfer Due Date and the Check Due Date are collectively referred to as the “Due Date”). We will not be responsible for any loss you may incur as a consequence of late payment if you do not follow the bill pay rules stated above.
D. Rush Payment Guarantee. If we cause processing delays of your rush bill payment that result in late fees, we will cover up to $50 of those fees. This guarantee covers only things within our control. Our guarantee does not cover losses which you cause, or payment processing delays which are not caused by us or within our control, such as providing us with the incorrect payee name, address, confirmation number, account information or the correct payment amount, insufficient funds to complete the payment, our failure to schedule delivery of your rush payment sufficiently in advance of the Payee’s due date for the payment to arrive on time (before the grace period begins) or subsequent posting of the payment is delayed by the Payee. You will need to document to us any late fees that you incur as a result of your rush payment being delivered after the scheduled delivery date.
As a precaution to this guarantee, you agree not to enter any agreements where one of the purposes is to generate late payment fees. The risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you in the event you do not follow the procedures.
III. Mobile Banking
Should you elect to use Mobile Banking, which includes Mobile Deposit, you will be subject to the following additional terms and conditions:
A. Description. Mobile Banking is a personal financial information management service that allows you to access your account information, make payments or transfers to Payees and make other such payments or transfers as are described on our website, www.fcbanktn.com, using compatible and supported mobile phones and/or other compatible and supported wireless devices (“Wireless Devices”). We reserve the right to modify the scope of the Mobile Banking services at any time. We reserve the right to refuse any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
B. Use of Mobile Banking. In order to properly use Mobile Banking services, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with your Mobile Banking. You also accept responsibility for making sure that you know how to properly use your wireless device, as well as any software that might be used. We may modify the Mobile Banking from time to time in our sole discretion. In the event of such changes or modifications, you are responsible for making sure that you understand how to use Mobile Banking as so modified. We will not be responsible for any losses caused by your failure to properly use the Mobile Banking services or your Wireless Device.
C. Relationship to Other Agreements. You agree that, when using Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your wireless telecommunications provider (i.e. AT&T, Verizon, etc.), and this section of the Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might affect your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking) 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.
D. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
E. Fingerprint and Facial Recognition ID. Fingerprint and Facial Recognition is an alternative authentication method for logging into Mobile Banking. Fingerprint and Facial Recognition uses the biometrics saved to your device to authenticate your identity, instead of using your Internet Banking User ID and password. Your biometric data is neither accessed nor stored by FCB. If any changes are made to the biometric data stored on your device, your Internet Banking ID and password will be required at the next login. Afterward, any biometric data stored on your device can be used to access Mobile Banking until you disable Fingerprint or Facial Recognition ID. Once enabled, any biometric data stored on your device can be used to access your accounts in Mobile Banking. FCB recommends that you NOT use Fingerprint ID if you share any devices that have the Mobile Banking app. You can disable Fingerprint or Facial Recognition ID at any time. If you believe someone has gained unauthorized access to your online account, or that your password and/or User ID have been stolen, call Customer Service at 877-217-8110.
F. Limitations of Mobile Banking. When using Mobile Banking, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Mobile Banking, in whole or in part, or your use of Mobile Banking, in whole or in part, immediately and at any time without prior notice to you.
G. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking or the Software, your violation of this section of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
H. Hardware and Software. In order to use Mobile Banking, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. We are not responsible for any third party software you may need to use Mobile Banking. 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 the time of download and installation.
I. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF MOBILE BANKING 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 WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO WARRANTY IS PROVIDED 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.
J. Charges for Mobile Banking. There is no charge for using Mobile Banking. Should there be charges for Mobile Banking in the future, you will be given appropriate notice. Your wireless telecommunications provider for your Wireless Device or other third parties that you may utilize may impose fees to make that device data-capable, to exchange data between the Wireless Device and the mobile web or mobile app (as applicable), or based on the location of your use (e.g. fees for roaming or using your wireless device in a foreign country).
K. Mobile Deposit. If you are eligible and choose to use Mobile Deposit, you will be subject to the following additional terms and conditions:
a. Description. Mobile Deposit is designed to allow you to make deposits to your Accounts from your Wireless Devices by scanning checks and delivering the images and associated deposit information to us. You may use Mobile Deposit in accordance with this Agreement. We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only.
b. Acceptance of Terms. By subscribing to Mobile Deposit or using the Mobile Deposit service, you agree that you have complied with online instructions in accessing Mobile Banking, and that you will be bound by the terms of this Agreement and you will follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. FCB reserves the right, in its sole discretion, to modify the terms of the Agreement and procedures relating to Mobile Deposit service. In the event such modifications are not acceptable to you, you have the option of terminating the Agreement and use of Mobile Deposit service. Your continued use of Mobile Deposit service will indicate your acceptance of any such modifications or changes to the Mobile Deposit service.
c. Eligible Items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use Mobile Deposit to scan and deposit any checks or other items as shown below:
(1) Checks or items payable to any person or entity other than you, including a check payable to “Cash”.
(2) Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
(3) Checks or items previously converted to a substitute check, as defined in Reg. CC.
(4) Checks or items drawn on a foreign bank or payable in a foreign currency.
(5) Checks or items that are demand drafts or remotely created checks (checks lacking the original signature of the drawer)
(6) Checks that have been previously returned stop payment or account closed.
(7) Checks or items dated more than six months prior to the date of deposit.
(8) Traveler’s cheques.
(9) Money orders.
d. Image Quality. The image of a check or item transmitted to us using Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, or other clearinghouses.
e. Endorsements. You agree to restrictively endorse (sign on the back) any item transmitted through the Service as “For Mobile Deposit Only at FCB” followed immediately by your endorsement (signature) or as otherwise instructed by us.
f. Receipt of Items. We reserve the right to reject any item transmitted through the Mobile Service, 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. You agree to receive notices electronically relating to the Mobile Service whether or not you have previously agreed to accept electronic disclosures for any of your Accounts. An image of an item shall be deemed received when you receive an electronic confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
g. Representations and Warranties; Indemnification. As to all items transmitted to us, you represent and warrant that: (i) you will comply with the terms and conditions set forth in this Agreement; (ii) only transmit eligible items; (iii) you have good title to each check and item and no defense of any party to the check is good against you; (iv) the original check, or a paper or electronic representation, has not previously been deposited for collection with us or any other financial institution, and no depositary bank, drawee, or drawer will be asked to pay a check that it already has paid; (v) you have no knowledge or notice of information to indicate that the transaction is fraudulent. You agree to indemnify and hold FCB, its affiliates, directors, officers, employees, and agents harmless from and against all losses, liabilities, cost, damages and expenses (including reasonable attorneys’ fees and cost of litigation) to which we may be subjected or which we may incur in connection with any claims which might arise from or out of your use of Mobile Deposit or the Mobile Service.
h. Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Regulation CC. Funds deposited using the Service will generally be made available in two (2) business days from the day of deposit. In some cases, we may not make the funds available in accordance with the general policy. The length of the delay is counted in business days from the day of your deposit. If you make a deposit before 6 p.m. ET on a banking business day (every day except Saturdays, Sundays and federal holidays), we will consider that day to be the day of deposit. If you transmit an item after 6 p.m. ET, or on a day we are not open, we may consider that the deposit was made on the next business day we are open. If your deposit is declined, we will e-mail you the notice by the first business day after the day we receive your deposit.
i. Safeguard and Disposal of Transmitted Items. Upon your receipt of a confirmation from us that we have received the image of an item, you agree to safeguard all original checks transmitted to us until the checks are destroyed. You may wish to retain the original check, or a sufficient copy of the front and back of the item, until final settlement of the item should there be any dispute that the image does not satisfy legal equivalence requirements.
j. Deposit Limits. Deposits transmitted through the Mobile Deposit service are limited to a specified dollar amount per item, per transaction, per day, and per week. We reserve the right to change limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit and may modify such limits from time to time.
k. Deposit Errors. You agree to notify us of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than 40 days after the applicable account statement is sent or made available to you. Unless you notify us within 40 days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.