INTERNET AND TELEPHONE BANKING
AGREEMENT AND DISCLOSURES
1. Coverage. This Agreement applies to your use of our Internet and Telephone Banking
Service(“Service”), which permits you to access your accounts with us via the Internet and/
or Telephone for services selected by you and agreed upon by us. This Agreement applies
to all persons that are parties to the accounts. In this Agreement, the terms "you" and
"your" refer to each depositor on an account accessible by Service, and the terms
"us," "we," and "our" refer to the Bank.
2. Enrollment. To establish Internet and/or Telephone Service and contract for this
service, you need to come into the Bank to sign up.
3. Responsibility. You are responsible for selecting all systems, hardware and your
Service provider and for any defect, malfunction or interruption in service or security due
to hardware failure, your choice of Service provider and systems and computer services.
4. Access and User Codes.
a. The first time you log in to Internet Banking, you will be required to change
your password to access the Internet Banking services. (It is not necessary to
change your Username. You may choose to enter the same Username that you
used for your initial log in.) Your Password has the same effect as your signature
for authorizing transactions. You agree to safely keep the Password, not to record
your Password or otherwise disclose or make your Password available to anyone
other than authorized users of your accounts. Anyone to whom you disclose your
Password and anyone who has access to your Password will have full access to the
services you can perform on Internet Banking, including full access to your
accounts. You have no ability to limit any such person's authority. If anyone uses
your Password with your permission, you will be responsible for any transactions
performed by that person. If you fail to log in three consecutive times to Internet
Banking, your access will be disabled. Call Farmers & Merchants Union Bank at
920-623-4000. We will reset your "record", so that you will again be required to log
on as a First Time User.
b. The first time you log in to Telephone Banking, you will be required to change
your pin number to access the Telephone Banking services. Your pin number
has the same effect as your signature for authorizing transactions. You agree to
safely keep the pin number, not to record your pin number or otherwise disclose or
make your pin number available to anyone other than authorized users of your
accounts. Anyone to whom you disclose your pin number and anyone who has
access to your pin number will have full access to the services you can perform on
Telephone Banking, including full access to your accounts. You have no ability to
limit any such person's authority. If anyone uses your pin number with your
permission, you will be responsible for any transactions performed by that person.
If you fail to log in three consecutive times to Telephone Banking, your access
will be disabled. Call Farmers & Merchants Union Bank at 920-623-4000. We
will reset your "account", so that you will again be required to log on as a First
Time User.
5. Customer Liability. Tell us at once if you believe your pin number has been lost,
stolen or otherwise become available to an unauthorized person.
Telephoning is the best
way of keeping your possible losses down. You could lose all the money in your
accounts. If you tell us within two business days, you can lose no more than $50 if
someone used your Pin number without your permission. If you do NOT tell us within
two business days after you learn of the loss or theft of your pin number, and we can
prove that we could have stopped someone from using your pin number without your
permission, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do
not tell us within 60 days of the date we mail a periodic statement to you, you may not get
any money you lost after the 60 days if we show that we could have stopped someone
from taking the money if you would have 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.
6. Contact in Event of Unauthorized Transfer. If you believe your pin number has
been lost or stolen or that someone has transferred or may transfer money from
y
our account without your permission, call 920-623-4000 or write Farmers &
Merchants Union Bank, Attention: Telephone Banking, Post Office Box 226,
Columbus, Wisconsin 53925.
7. Business Days. Our business days are Monday through Friday. The following holidays
are not included as business days: New Years Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving and Christmas. We can process a fund transfer or bill payment on the
same business day as your instructions, if we receive your instructions before our
Telephone Service cut-off hour of 3:00 p.m. on a business day. If we receive your
instruction after the end of our business day, we process the transaction on our next
business day.
8. Functions
.
a. Using your User ID and Pin number and Telephone Banking, you can perform
the following functions :
·
check account information
· transfer funds among your deposit accounts
· make payments out of deposit accounts to your loan accounts
· transfer funds from
your line of credit to your checking account
Subject to available funds, you may transfer funds through Telephone Banking
in any amount
b. Using your Username and Password and Internet Banking, you can perform the
following functions :
· view account information
· transfer funds among your deposit accounts
· transfer funds from your line of credit to your checking account
· make payments out of deposit accounts to your loan accounts
· export account activity to Quicken or Microsoft Money
Subject to available funds, you may transfer funds through Internet Banking in
any amount
9. Canceling Funds Transfers
a. Canceling an Order. You may cancel or change a pending f
unds transfer by
selecting and accurately changing the Transfer information in the appropriate
fields on the relevant Transfer (from the Transfer list). Any instruction to cancel or
change a transfer must be received at least 2 days before the day the transaction is
to be processed. Except for preauthorized transfers, described below, if we don't
receive your complete and accurate instruction identifying a funds transfer or
payment prior to that time, we may process the transaction.
b. Preauthorized Transfers. If you tell us in advance to make a regular payment at
a regular time out of your account without further action by you (a preauthorized
transfer), you can stop these payments either by calling us at 920-623-4000 or
write us at Farmers & Merchants Union Bank, Post Office Box 226, Columbus,
Wisconsin 53925 in time for us to receive your request three 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 in a form approved by us and get the form to us
within 14 days after you call. We will require that you tell us the exact amount of
the debit, the next date the debit is to be made and the exact name of the payee. If
you stop payment of such a preauthorized transfer in accordance with the terms of
this Agreement, we will stop the next debit and all subsequent preauthorized
payments to that payee.
c. Liability for Failure to Stop a Preauthorized Transfer. If you order us to stop a
preauthorized transfer three business days or more before the transfer is scheduled,
and the stop payment order is made according to the terms and conditions of the
account and this Agreement, including the requirement that you give us the exact
amount of the debit, the next date of the debit and the exact name of the payee,
and we do not do so, we will be liable for your losses or damages proximately
caused by our failure.
d. Charges For Stopping Payment. If you submit an oral or written stop payment
request for a preauthorized payment, we will charge you for each such stop
payment order, the charge for stopping payment identified in our current fee
schedule, which was provided to you at account opening. The fee schedule may
be amended from time to time.
e. Our Rights. If we fail to cancel or stop any funds transfer or bill payment, the
payment will stand unless you show us that payment to the payee was
unenforceable. If we recredit your account after transferring funds over a valid
and timely cancellation request, you agree to sign a statement describing the
dispute with the payee, to transfer to us all of your rights against the payee, and to
assist us in any legal action taken against that person.
10. Overdrafts. When you schedule a funds transfer or bill payment using our service,
you authorize us to withdraw the necessary funds from your account with us. We deduct
the amount of your funds transfer from your account on the date we process your
instruction. Each instruction to us to withdraw or transfer from an account is an order to
us to pay from that account at that time or on a later date, if any, indicated in the
instruction. We may charge payments against the account even though the charge creates
an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you
overdraw your account, you agree to immediately pay us the overdrawn amount, together
with any applicable fees. If the account is maintained in connection with an overdraft
credit plan, any overdraft will be made in accordance with the agreement or rules
governing that account rather than this Agreement.
11. Limitations on Transfers. Under federal regulations, you may make no more than
six preauthorized electronic fund transfers and telephone transfers, including Telephone
or Internet Banking transactions, checks and point-of-sale transactions per month from
your savings or money market deposit account. Each fund transfer or bill payment
through Telephone or Internet Banking from your savings or money market deposit
account is counted as one of the six limited transfers you are permitted each month.
12. Fees. No fees are assessed for using our Service.
13. Periodic Statements. Your Service account activity will appear on your periodic
account statement.
14. Our Liability For Failure to Make Transfers. If you have given us all of the proper
and timely instructions and have properly completed all fields to complete a transfer and
we do not complete a transfer to or from your account on time or in the correct amount
according to our agreement with you, subject to the limitations contained in this
Agreement, we will be liable for your losses or damages proximately caused by our
failure. However, there are some exceptions. We will not be liable, for instance:
· If, through no fault of ours, your account does not contain sufficient collected funds
to make the transfer.
· If the money in your account is subject to legal process or other encumbrances
restricting the transfer.
· If a transfer system was not working properly and you knew about the breakdown
when you started the transfer.
· If an act of God or circumstances beyond our control (such as fire or flood) prevent
the transfer or use of Service despite reasonable precautions that we have taken.
· If incomplete or inaccurate information is forwarded to us by you or through an
automated clearinghouse.
· If you have not properly followed the instructions for using our Service.
· For errors or failures from
any malfunctions of your service provider, or other
problems relating to the telephone equipment you use with our Service, including,
without limitation, your inability to access the
Service or any part of the Service.
· For a failure to provide access or for interruptions in access to the Service due to
Service system failure.
· NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT,
UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY
FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN
TRANSFERRING FUNDS WILL BE TO CORRECT THE ERROR, BUT IN NO
CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR
IN ANY WAY RELATED TO THE SERVICE.
15. Account Information Disclosure. The circumstances under which we may provide
information about your accounts to third parties are summarized in our current privacy
statement accompanying this Agreement.
16. Termination. We may modify, suspend or terminate your privilege of using Service
and may withhold approval of any transaction, at any time, without prior notice to you. In
the event we terminate your access to the Service, we will try to notify you in advance but
are not required to do so. You will be notified as soon as practicable. Any one person who
can use the account accessible with the Service may terminate the Telephone Banking
service. Termination shall not affect the rights and obligations of the parties for
transactions made with the Service before we have had a reasonable time to respond to
your termination request. It is your responsibility to cancel all future funds transfers,
whether recurring or individual payments, when you terminate the Service or we may
continue to process such payments.
17. Third Parties. You understand that support and services relating to the Service are
provided by third parties other than us, and you authorize us to contract with third parties
to provide such support and service.
18. Amendment. We may amend this Agreement at any time. We will notify you of
changes by mail at your current address in our files or by electronic mail message (e-
mail) at your current e-mail address in our files. If sent via email, we will consider it
received three days after the date it was sent. The revised terms and conditions shall be
effective at the earliest date allowed by applicable law.
19.
General
. This Agreement is intended to supplement and not to replace other
agreements between you and us relating to your accounts, including, without limitation,
our Deposit Account Rules. In the event of a conflict between this Agreement and any
other account rules and agreements that apply to your accounts, this Agreement shall
govern and prevail.
In Case of Errors or Questions About Your Electronic Transfers
Telephone us at 920-623-4000 or write us at Farmers & Merchants Union Bank, Post
Office Box 226, Columbus, Wisconsin 53925, as soon as you can, if you think your
statement or receipt is wrong or if you need more information about a transfer listed on
the statement or receipt. We must hear from you no later than 60 days after we sent you
the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. De
scribe 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.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in
writing within 10 business days.
We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will
credit your account within 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 10 business days, we may not credit your account.
The 10 day periods in the preceding paragraph may be extended to 20 business days, if
the error involves a transfer to or from the account within 30 days after the first deposit
to the account was made.
If the error involves an electronic transfer from your account to buy goods or services
direct from a merchant, a transfer initiated outside of the United States or a transfer that
occurred within 30 days after the first deposit to the account was made, the 45 day time
period to investigate your complaint or question will be 90 days in place of 45 days.
We will tell you the results within three 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.
Account to Account Transfer Terms of Service
1. Introduction. This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a
contract between you and Farmers & Merchants Union Bank (hereinafter "we" or "us") in connection with the
Account to Account Transfer Service (as defined below) offered through our online banking site or mobile
applications (the "Site"). This Agreement applies to your use of the Account to Account Transfer Service and
the portion of the Site through which the Account to Account Transfer Service is offered.
2. Description of Account to Account Transfer Service. The Account to Account transfer service (the
"Account to Account Transfer Service") enables you to transfer funds between your Account(s) that you
maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the
other hand.
3. Definitions.
a. "Account" means a checking, money market or savings account that is either an Eligible Transaction
Account or External Account, as applicable.
b. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds
transfer services to participating financial institutions.
c. "Affiliates" are companies related by common ownership or control.
d. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that
banks are legally closed.
e. "Eligible Transaction Account" is a transaction account from which your transfers will be debited, your
Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers
and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An
Eligible Transaction Account shall be limited to a checking, money market or savings account that you
hold with us.
f. "External Account" is your account at another financial institution (i) to which you are transferring funds
from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible
Transaction Account.
g. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange
payment network) through which funds may be transferred.
h. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of
the Account to Account Transfer Service to you on our behalf.
i. "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the
Account to Account Transfer Service for a transfer of funds.
4. Service Providers. We are offering you the Account to Account Transfer Service through one or more
Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to
you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or
all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or
transfers conducted using the Account to Account Transfer Service and we are solely responsible to you and
any third party to the extent any liability attaches in connection with the Account to Account Transfer Service.
You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and
performance obligations that we have under this Agreement, and that the Service Providers will be third party
beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement
provides to us.
5. Authorization and Processing.
a. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal right, power and authority to
transfer funds between the Eligible Transaction Account and the External Account. If you are a joint
owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant
that (i) you have been authorized by all of the other joint owners to operate such Accounts without their
consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to
even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such
Accounts without liability to such other joint owners. Further, you represent and warrant that the
External Account is located in the United States.
b. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction
Account and remit funds on your behalf to the External Account designated by you and to debit your
applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and
Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds
on your behalf from the External Account designated by you and to debit your applicable Account as
described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You
also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other
Account in the transaction for any reason, including but not limited to nonsufficient funds.
c. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability
if we are unable to complete any transfers initiated by you because of the existence of any one or more
of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not
contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of
your overdraft account;
2. The Account to Account Transfer Service is not working properly and you know or have been
advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 10 (Refused Transfers) below;
4. You have not provided us with the correct information, including but not limited to the correct
Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system
down time, issues with the financial institution(s), or interference from an outside force) prevent
the proper execution of the transfer and we have taken reasonable precautions to avoid those
circumstances.
d. It is your responsibility to ensure the accuracy of any information that you enter into the Account to
Account Transfer Service, and for informing us as soon as possible if you become aware that this
information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable
effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee
such recovery and will bear no responsibility or liability for damages resulting from incorrect
information entered by you.
6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through
our Account to Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion.
You may have the ability to log in to the Site to view your individual transaction limits. We or our Service
Provider also reserve the right to select the method in which to remit funds on your behalf though the Account
to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise
unavailable to us the method to return funds to you.
7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown
in the Account to Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts
to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for
the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we
will make reasonable attempts to otherwise return the funds to you.
8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact
customer care for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and
Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability
for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The
charge for each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all
fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in
the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees
will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that
are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against
the Account that is debited for the funds transfer. There may also be charges for additional transactions and
other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from
the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds
transfer, depending on how such charges are described in the user interface for the Account to Account Transfer
Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are
responsible for any and all telephone access fees and Internet service fees that may be assessed by your
telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do
not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we
debit the External Account for such fees, as described in this Section, and there are insufficient fees in the
External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to
the External Account, not just the Eligible Transaction Account, in such circumstances.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will
notify you promptly if we decide to refuse to transfer funds.
11. Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be
returned for various reasons such as, but not limited to, the External Account number is not valid. We will use
reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit
your Account from which you attempted to transfer funds. You may receive notification from us.
12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below,
notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: Post
Office Box 226, Columbus, WI 53925. We may also be reached at 920-623-4000 for questions and other
purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described
below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute
legal notices under this Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-
product message within the Account to Account Transfer Service, emailing it to an email address that you have
provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any
mobile phone number that you have provided us, including but not limited to the mobile phone number that you
have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the
Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer
Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones.
All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after
they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than
three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and
you may terminate your consent to receive required disclosures through electronic communications by
contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service)
above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to
each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you
withdraw your consent to receive electronic communications.
14. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a
wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and
our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC
TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes
(including identity verification). You acknowledge and agree that such telephone calls include, but are not
limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by
an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account to
Account Transfer Service and looking at your transaction history. You agree to review your transactions by this
method instead of receiving receipts by mail.
16. Your Privacy; Privacy of Others. Protecting your privacy is very important to us. Please review our
Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and
disclosure of your information. If you receive information about another person through the Account to Account
Transfer Service, you agree to keep the information confidential and only use it in connection with the Account
to Account Transfer Service.
17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United
States who can form legally binding contracts under applicable law. Without limiting the foregoing, the
Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction
Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to
Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by
this Agreement.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account
Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such
transfers:
a. Transfers to or from persons or entities located in prohibited territories (including any territory outside
of the United States); and
b. Transfers that violate any law, statute, ordinance or regulation; and
c. Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
d. Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5)
ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under
applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in
illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate,
violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame,
abuse, harass or threaten others; (11) goods or services that include any language or images that are
bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that
advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright,
trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
and
e. Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including,
but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that
facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f. Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get
rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real
property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or
refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or
possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the
following "money service business" activities: the sale of traveler’s checks or money orders, currency
dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
g. Transfers relating to tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims
or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to
us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer
Service) above of any violations of the Agreement generally.
19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws
in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose
of the use, and for all communications you send through the Account to Account Transfer Service. We and our
Service Providers have the right but not the obligation to monitor and remove communications content that we
find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the
Account to Account Transfer Service for communications or activities that: (a) violate any law, statute,
ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime;
(c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful,
racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark,
right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an
unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses,
worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic
device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site
through which the Account to Account Transfer Service is offered without our prior written permission; (i)
constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account
Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service;
or (j) may cause us or our Service Providers to lose any of the services from our internet service providers,
payment processors, or other vendors. We encourage you to provide notice to us by the methods described in
Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the
Agreement generally.
20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized
Transfer Instruction, you shall communicate with customer care for the Account to Account Transfer Service in
the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business
Days after you discover your password or other means to access your account through which you access the
Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should
someone access your account without your permission. If you do not tell us within two (2) Business Days after
you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your
password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at
once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount
transferred without your authorization after the sixty (60) days if we can prove that we could have stopped
someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay)
prevented you from telling us, we may in our sole discretion extend the period.
21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or
receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or
remitting any taxes arising from any transaction.
22. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are
requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction
Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible
Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the
Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account,
to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our
Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in
such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the
Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each
such case, you agree that:
a. You will reimburse our Service Provider immediately upon demand the amount of the Transfer
Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft
credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs
of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be
debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would
exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or
if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to
any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as
disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider
to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact
information in your user profile is current and accurate. This includes, but is not limited to, name, physical
address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes
may be able to be made within the user interface of the Account to Account Transfer Service or by contacting
customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding
the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or
fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact
information.
24. Information Authorization. Your enrollment in the applicable Account to Account Transfer Service may
not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or
use of each Account to Account Transfer Service, you agree that we reserve the right to request a review of
your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our
Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without
limitation, financial information and transaction history regarding your Eligible Transaction Account. You
further understand and agree that we reserve the right to use personal information about you for our and our
Service Providers’ everyday business purposes, such as to maintain your ability to access the Account to
Account Transfer Service, to authenticate you when you log in, to send you information about the Account to
Account Transfer Service, to perform fraud screening, to verify your identity, to determine your transaction
limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from
government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve
disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to
customize, measure, and improve the Account to Account Transfer Service and the content and layout of the
Site. Additionally, we and our Service Providers may use your information for risk management purposes and
may use, store and disclose your information acquired in connection with this Agreement as permitted by law,
including (without limitation) any use to effect, administer or enforce a transaction or to protect against or
prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service
Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk
management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business
purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in
connection with the Account to Account Transfer Service in statistical form for pattern recognition, modeling,
enhancement and improvement, system analysis and to analyze the performance of the Account to Account
Transfer Service.
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about
your account, such as subscriber status, payment method and device details, if available, to support
identity verification, fraud avoidance and other uses in support of transactions for the duration of your
business relationship with us. This information may also be shared with other companies to support your
transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about
you and your devices with third party service providers, who will compare and add device data and
fraud data from and about you to a database of similar device and fraud information in order to provide
fraud management and prevention services, which include but are not limited to identifying and
blocking access to the applicable service or Web site by devices associated with fraudulent or abusive
activity. Such information may be used by us and our third party service providers to provide similar
fraud management and prevention services for services or Web sites not provided by us. We will not
share with service providers any information that personally identifies the user of the applicable device.
25. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel
the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us
Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before
the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of
the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination,
cancellation nor suspension shall affect your liability or obligations under this Agreement.
26. Errors, Questions, and Complaints.
a. In case of errors or questions about your transactions, you should as soon as possible contact us as set
forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
b. If you think your periodic statement for your account is incorrect or you need more information about a
transaction listed in the periodic statement for your account, we must hear from you no later than sixty
(60) days after we send you the applicable periodic statement for your account that identifies the error.
You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you
believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business
Days after your oral notification. Except as described below, we will determine whether an error
occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of
our investigation within three (3) Business Days after we complete our investigation of the error, and
will correct any error promptly. However, if we require more time to confirm the nature of your
complaint or question, we reserve the right to take up to forty-five (45) days to complete our
investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account
within ten (10) Business Days for the amount you think is in error. If we ask you to submit your
complaint or question in writing and we do not receive it within ten (10) Business Days, we may not
provisionally credit your Eligible Transaction Account. If it is determined there was no error we will
mail you a written explanation within three (3) Business Days after completion of our investigation. You
may ask for copies of documents used in our investigation. We may revoke any provisional credit
provided to you if we find an error did not occur.
27. Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either
trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button
icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not
copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole
discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer
Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest
in and to the Account to Account Transfer Service, the portion of the Site through which the Account to
Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer
Service, and any and all technology and any content created or derived from any of the foregoing, is our
exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other
information you may send to us through or regarding the Site or Account to Account Transfer Service shall be
considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed
our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of
confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the
owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those
materials have been waived, and you warrant that you have the right to make these warranties and transfers of
rights.
28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the
Account to Account Transfer Service is offered for your convenience. By providing these links, we are not
endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by
them, and are not responsible for the materials, services or other situations at or related to or from any other site,
and make no representations concerning the content of sites listed in any of the Account to Account Transfer
Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright
compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to
the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off
the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part
of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal
information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the
Site may send cookies to users that we do not control. You may link to the home page of our Site. However,
you may not link to other pages of our Site without our express written permission. You also may not "frame"
material on our Site without our express written permission. We reserve the right to disable links from any third
party sites to the Site.
29. Password and Security. If you are issued or create any password or other credentials to access the Account
to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is
offered, you agree not to give or make available your password or credentials to any unauthorized individuals,
and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If
you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the
Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone
number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See
also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice
impacts your liability for unauthorized transfers.
30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account to
Account Transfer Service at any time by posting a revised version on the Site. The revised version will be
effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the
Account to Account Transfer Service after a notice of change or after the posting of a revised version of this
Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may,
from time to time, revise, update, upgrade or enhance the Account to Account Transfer Service and/or related
applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right
to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or
related applications and material, and limit access to only the Account to Account Transfer Service’s more
recent revisions, updates, upgrades or enhancements.
31. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your
agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have
control of, or liability for, any products or services that are paid for with our Account to Account Transfer
Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service
(including but not limited to recipients to whom you send transfers).
32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement
without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer
or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also
assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or
other third parties.
33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized
activities described in this Agreement or have otherwise breached your obligations under this Agreement, we
may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service;
notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse
to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole
discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account
Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are
cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or
otherwise.
34. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to
resolve the dispute by looking to this Agreement.
35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve
the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party
elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation
Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative
dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the
following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely
based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration
shall not involve any personal appearance by the parties, their representatives or witnesses unless
otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be
submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the
parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any
award in such arbitration shall be final and binding upon the parties and may be submitted to any court
of competent jurisdiction for confirmation. The parties acknowledge that remedies available under
federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER
REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR
CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE
ALLOWABLE IN ARBITRATION.
36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement
shall be governed by and construed in accordance with the laws of the State of Wisconsin. To the extent that the
terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such
conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this
Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you
agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35
(Arbitration) above) must be resolved by a court located in the county in which you reside. You agree to submit
to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is
submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any
right to have a jury participate in the resolution of any dispute or claim between the parties or any of their
respective Affiliates arising under this Agreement.
37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service
Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim
or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of
this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.
38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each
of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature
arising out of or in any way connected with any dispute that may arise between you or one or more other users
of the Site or the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive
California Civil Code §1542, which states that a general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which if not known by him
must have materially affected his settlement with the debtor.
39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is
in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising
any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A
waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future
occasions.
40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND
RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT
TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY
NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES
AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT
TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO
ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM
TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED,
INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME
DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT
LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE
ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER
FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO
EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR
CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED
TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY
SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR
OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF
THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED
OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE
SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF
SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING
THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE
EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM
OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE
SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT
YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION
PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE
DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL
APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY,
AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR
ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED
TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED
DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the
complete and exclusive statement of the agreement between us, sets forth the entire understanding between us
and you with respect to the Account to Account Transfer Service and the portion of the Site through which the
Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written,
and any other communications between us. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of
Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction
of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well
as any other terms which by their nature should survive, will survive the termination of this Agreement. If there
is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours
(including but not limited to its customer care personnel), the terms of the Agreement will prevail.
Mobiliti Terms and Conditions
Thank you for using Farmers & Merchants Union Bank Mobile Banking combined with your
handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP"
to 99588. To cancel, text "STOP" to 99588 at any time. In case of questions please contact
customer service at 920-623-7112 or visit www.fmub.bank.
Terms and Conditions
Program: Farmers & Merchants Union Bank offers their customers mobile access to their
account information (e.g., for checking balances and last transactions) over SMS, as well as the
option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires
identification of the user's banking relationship as well as providing a mobile phone number. 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. Additionally, customers may
select the type of alerts and other preferences which will determine, together with their account
data, the frequency of alerts delivered to the customer. This program will be ongoing.
Message & Data rates may apply. Customers will be allowed to opt out of this program at any
time.
Questions: You can contact us at 920-623-7112, or send a text message with the word "HELP"
to this number: 99588. We can answer any questions you have about the program.
To Stop the program: To stop the messages from coming to your phone, you can opt out of the
program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-
time opt-out confirmation text message. After that, you will not receive any future messages.
Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and
conditions presented here.
Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile
®
, U.S.
Cellular
®
, Verizon Wireless, MetroPCS.
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not
be available at any time for any reason outside of the reasonable control of Farmers & Merchants
Union Bank or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile
Banking, Farmers & Merchants Union Bank and its affiliates and service providers, including
Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names,
addresses, passwords, telephone and device numbers, the content of messages, data files and
other data and information provided by you or from other sources in connection with Mobile
Banking or the Software (collectively “User Information”). Farmers & Merchants Union Bank
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 Mobile Banking 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. Farmers & Merchants Union Bank and its affiliates and service providers also
reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying
compliance with the law, these terms and conditions and any applicable license, but disclaim any
obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the 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 Mobile Banking or the 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 Farmers & Merchants Union Bank (in its sole discretion), that
is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise
objectionable, materials that are harmful to minors or excessive in quantity, or materials the
transmission of which could diminish or harm the reputation of Farmers & Merchants Union
Bank or any third-party service provider involved in the provision of Mobile Banking; (iv)
material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related
(e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms,
bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes,
sexual content), crime-related (e.g., organized crime, notorious characters), violence-related
(e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist
organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless
carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan
horses, worms, time bombs, cancelbots, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data, or personal information; (vi) any material or information that is false, misleading,
or inaccurate; (vii) any material that would expose Farmers & Merchants Union Bank, any third-
party service provider involved in providing Mobile Banking, 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: (a) access any software or services for which your use has not been authorized; or (b)
use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of
Mobile Banking or the Software, the security of Mobile Banking or the Software, or other
customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the
Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found
at http://maps.google.com/help/terms_maps.htmland the Google Legal Notices found
at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated
by Google.
Additional Terms and Conditions
Other Agreements: For the avoidance of doubt, unless otherwise provided herein, the terms and
conditions of the internet banking agreement apply to the Services and Software.
Remotely Deposited Checks: Farmers & Merchants Union Bank also allows customers to deposit
checks remotely using approved mobile devices. Terms and conditions specifically applicable to
remotely deposited checks are set forth in Exhibit A to these Terms and Conditions.
Fees: We do not currently charge any additional fees for using the mobile deposit service. If we
start charging fees in the future, you will be provided prior notice.
Security: We reserve the right at all times to take actions to protect the Services, our systems and
our information, including denying you access to the Services in whole or in part. We will
attempt to secure the Services to prevent, among other things, access by unauthorized persons
and the introduction of any malicious code, such as a computer virus. However, no security
system is failsafe, and despite our efforts the security of the Services could be compromised or
malicious code could be introduced by third parties. You agree to immediately notify us of any
unauthorized use of the Services or any other breach of security known to you and you shall
cooperate with us in investigations and other actions taken with respect to same. We make no
representations that the Services will be available for use in locations outside of the United
States, and accessing Services from locations outside of the United States is at your own risk.
Anyone using your mobile device and your password can access your account and have full
access to the Services in the same manner as you can. If anyone uses your mobile device and/or
password with or without your permission, you will be responsible for any transactions
performed by that person with respect to your account unless applicable law provides otherwise.
You agree to take every precaution to ensure the safety, security and integrity of your account
and transactions when using the Services. You agree to keep your mobile device and password
safe, confidential and secure, not to record the password or otherwise disclose or make the
password available to anyone other than authorized users of your account. We may also place
additional limitations on your use of the Services, such as for example limitations on the number
or amount of funds transfers during a given period of time.
Indemnification: Unless caused by our intentional misconduct or gross negligence or applicable
law provides otherwise, you agree to indemnify, defend and hold us, our affiliates, employees
and agents, harmless from any and all third party claims, liability, damages, expenses and costs
caused or arising from a third party claim, dispute, action or allegation of infringement, misuse
or misappropriation based on information, data, files or otherwise in connection with your use of
the Services or your violation of any law or rights of a third party.
Exclusion of Liability and Warranties: The Services make use of a private network, intended for
authorized users only. We have confidence in the security measures we employ, however, this is
not an invitation for individuals to attempt unauthorized access. BY USING THE SERVICES,
YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY; THEREFORE, UNLESS
OTHERWISE PROVIDED BY APPLICABLE LAW, WE AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY
AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO
YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF SERVICES, AND WE FURTHER
SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT THERETO,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND/OR FITNESS FOR A PARTICULAR PURPOSE.
EXHIBIT A
MOBILE DEPOSIT SERVICE
Mobile Deposit Service. The mobile deposit service is a part of the Mobile Money Services and
allows you to make deposits of the electronic image of a check or substitute check (as defined by
federal law) (each an “Item”) to your checking, savings or money market accounts held with us
by capturing an electronic image of the Item with the capture device (such as a camera on your
mobile device) and submitting images and associated information to us for processing. Your
accounts used in connection with the mobile deposit service continue to be governed by the
deposit account agreement and the internet banking agreement. In the event that the terms
contained in this Exhibit conflict with the terms contained in the deposit account agreement or
internet banking agreement, the terms of this Exhibit shall govern.
Eligible Items. All Items deposited using the mobile deposit service must be endorsed as “For
Deposit Only, Mobile Deposit Item” to your account. In addition, you agree that you will not
use the mobile deposit service to deposit any of the following Items:
(1) Items payable to any person or entity other than you;
(2) Items containing a restrictive endorsement;
(3) Items that are substitute checks or image replacement documents;
(4) Items drawn on a financial institution located outside the United States;
(5) Items containing obvious alteration to any of the fields on the front of the Item, or
which you know or suspect, or should know or suspect, are fraudulent; or
(6) Items prohibited by our current procedures relating to the mobile deposit service or
which are otherwise not acceptable under the terms of your checking, savings or money market
account.
Image Quality and Duplicate Deposit. The image of an Item transmitted using the mobile
deposit service must be legible and clear to us. It must not be altered. It must capture all
pertinent information from both sides of the Item. Image quality must comply with industry
requirements established and updated by the Federal Reserve Board or any other regulatory
agency.
Endorsement. You agree to properly endorse all Items captured and submitted using the mobile
deposit service.
Processing Time and Availability of Funds. If we receive the image of an Item for deposit on or
before 5:00 p.m. Central Time on a Business Day, subject to review we will consider that day the
day of deposit. If we receive the image of an Item for deposit after 5:00 p.m. Central Time or on
a weekend or on a non-Business Day, subject to review we will consider the next Business Day
as the day of deposit. For purposes of this Exhibit, “Business Days” are Monday through Friday,
except federal holidays. Funds deposited using the mobile deposit service, and accepted by us for
deposit, will be made available to you in accordance with the agreement governing your deposit
account.
Deposit Limits. The bank sets all customers with a daily limit of $2,000.00 and an item limit of
$2,000.00. This limit may be changed at any time. Requests to change this limit may be made
by calling920-623-7112.
Item Review. Items we receive may be reviewed for image quality, duplicate presentment,
endorsement, and any other factors that may prevent forward collection of the item. If an item is
rejected upon review you will be notified along with the reason for rejection.
Disposal of Transmitted Items. You agree to safeguard and keep the original Item for fifteen (15)
Business Days after you have transmitted the Item. After fifteen (15) Business Days following
the deposit using the mobile deposit service, if you have verified that the funds have been
credited to your account, you agree to mark the item as “VOID” and properly dispose of it to
ensure it is not presented for deposit again.
Restrictions and Limitations. You agree:
(1) only Items that originated as paper Items and no third party or electronic checks may
be deposited using the mobile deposit service;
(2) after you submit an Item for deposit using the mobile deposit service you will not
redeposit or otherwise transfer or negotiate the original Item;
(3) not to deposit Items into your account unless you have authority to do so;
(4) to abide by any per-day, per-week, per Item, or any other limitation that we establish in
connection with the mobile deposit service;
(5) after you submit an Item for deposit you are solely responsible for the storage or
destruction of the original Items;
(6) you may only utilize the mobile deposit service if you and your mobile device are
located in the United States;
(7) to comply with any additional instructions or requirements that we communicate to
you, including for example any help screens or user guides;
(8) the electronic image of the Item will become the legal representation of the Item for all
purposes; and
(9) any image we receive accurately and legibly represents all of the information on the
front and back of the original Item as originally drawn.
Minimum Hardware and Software Requirements. In order to use the mobile deposit service, you
must obtain and maintain, at your expense, compatible hardware and software as specified by us,
including an Internet enabled mobile device as approved by us. Without limiting the preceding
sentence, you are responsible for all telephone and internet service charges. You agree to
implement and maintain specific security controls to protect your hardware and software and
customer information from unauthorized persons. You agree to implement any additional
security procedures or controls that we communicate to you from time to time.
Eligibility, Termination and Changes. You must meet the eligibility requirements in order to use
the mobile deposit service. We have the right to suspend or terminate the mobile deposit service
at any time if you or your accounts(s) do not meet the eligibility requirements for the service. We
also reserve the right to change the mobile deposit service at any time. You may terminate the
mobile deposit service by calling us at 920-623-7112.
No Waiver. In the event we accept an Item for deposit through the mobile deposit service that is
otherwise in violation of any applicable term or condition, we shall not be obligated to accept
similar deposits in the future.
Errors. You agree to notify us of any suspected errors related to your deposits through the mobile
deposit service immediately and no later than thirty (30) days after the applicable account
statement is provided.
Interruptions. The mobile deposit service is provided for your convenience and does not replace
your monthly account statement, which is the official record of your account. The mobile
deposit service may be delayed, interrupted or otherwise negatively impacted by factors relating
to your mobile device, your Internet service provider, wireless provider or other parties, or due to
other reasons outside of our control. We will not be liable for any such delays, interruptions or
negative impacts to the mobile deposit service and you agree that neither we nor our service
providers will be liable for any errors or delays in the content, or for any actions taken in reliance
thereon.
Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor
quality transmissions, and resolutions of customer claims, including by providing, upon request
and without further cost, any originals or copies of Items in your possession and your records
relating to Items and transmissions.
Indemnification. Notwithstanding any other provision contained herein, you agree to indemnify,
defend and hold us harmless from and against any claims, losses, liability, cost and expenses
(including reasonable attorney’s fees) arising from your use of the mobile deposit service. This
obligation survives termination of this Exhibit and the Agreement.
Touch ID™ for Mobile Banking.
Touch ID is an optional fingerprint sign-in method for Farmers & Merchants Union Bank -
Columbus, WI Mobile Banking that is currently available for most Apple
®
devices that have a
fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to
"Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help
with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored
on your device only and Farmers & Merchants Union Bank - Columbus, WI never sees or stores
your fingerprint information. You acknowledge that by enabling Touch ID, you will allow
anyone who has a fingerprint stored on your device access to your personal and payment account
information within Farmers & Merchants Union Bank - Columbus, WI Mobile Banking. Farmers
& Merchants Union Bank - Columbus, WI reserves the right to suspend or disable this feature at
any time. Touch ID can only be associated with one Mobile Banking username at a time on a
device. If your device doesn’t recognize your fingerprint, you can sign in using your password.
To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each
device. You can enable or disable Touch ID anytime from the Services menu within Farmers &
Merchants Union Bank - Columbus, WI Mobile Banking.
Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for Farmers &
Merchants Union Bank - Columbus, WI Mobile Banking is only available on compatible iOS
devices.
Fingerprint Login for Mobile Banking
Fingerprint Login is an optional fingerprint sign-in method for Farmers & Merchants Union
Bank - Columbus, WI Mobile Banking that may be available for certain Android® mobile
devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first
save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the
manufacturer that supports your mobile device). Fingerprints are stored on your device only and
Farmers & Merchants Union Bank - Columbus, WI never sees or stores your fingerprint
information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who
has a fingerprint stored on your device access to your personal and payment account information
within Farmers & Merchants Union Bank - Columbus, WI Mobile Banking. Farmers &
Merchants Union Bank - Columbus, WI reserves the right to suspend or disable this feature at
any time. Fingerprint Login can only be associated with one Mobile Banking username at a time
on a device. If your device does not recognize your fingerprint, you can sign in using your
standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on
multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint
Login anytime within Farmers & Merchants Union Bank - Columbus, WI Mobile Banking.
Android is a trademark of Google Inc.
Biometric Login for Mobile Banking.
Biometric login is an optional biometric sign-in method for Farmers & Merchants Union Bank
Mobile Banking that may be available for certain mobile devices that have a built-in biometric
scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on
your mobile device (for more help with biometric scanning, contact the manufacturer that
supports your mobile device). Biometrics are stored on your device only and Farmers &
Merchants Union Bank never sees or stores your biometric information. You acknowledge that
by enabling biometric login, you will allow anyone who has biometric information stored on
your device access to your personal and payment account information within Farmers &
Merchants Union Bank Mobile Banking. Farmers & Merchants Union Bank reserves the right to
suspend or disable this feature at any time. Biometric login can only be associated with one
Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric
information, you can sign in using your standard login credentials (e.g., password). To use
biometric login for Mobile Banking on multiple devices, you will need to set it up for each
device. You can enable or disable biometric login anytime within Farmers & Merchants Union
Bank Mobile Banking.
Card Controls Additional Terms.
The following supplemental Terms of Use (“Supplement”) applies to the card controls feature
(“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”),
notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card
Controls. If Card Controls are not available to you, then this Supplement does not apply. To the
extent there is any conflict between the terms of the Agreement and this Supplement with respect
to Card Controls, then the terms in this Supplement shall apply.
1. The Card Controls feature is only available for debit cards issued by Farmers & Merchants
Union Bank - Columbus, WI that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may
continue to apply, even if you delete the Mobile Banking App or remove it from your mobile
device. Please contact Farmers & Merchants Union Bank - Columbus, WI to discontinue the
alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for
all transactions. Controls and alerts based on the location of the mobile device where the Mobile
Banking App is installed or the location of the merchant where the card is being attempted for
use may not apply appropriately to card-not-present transactions or transactions where the actual
location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to Farmers & Merchants Union Bank - Columbus, WI and
third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of
such services may require Internet access and that you accept additional terms and conditions
applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, Farmers &
Merchants Union Bank - Columbus, WI, and those third parties, as applicable, reserve the right
to change, suspend, remove, or disable access to any of those services at any time without notice.
In no event will we be liable for the removal of or disabling of access to any such services. We
may also impose limits on the use of or access to certain services, in any case and without notice
or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND
OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT
THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO
TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED,
INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE
TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT
NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE
PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES,
EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO
EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE
EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM
ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES
OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN
NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR
THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE,
OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE
WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE
OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND
NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR
AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR
CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR
RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE
THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT
STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION
PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING
RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL
CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE
LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND
LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF
EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR
OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT
OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED
DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by
and construed in accordance with the laws of the State in which you reside, without regard to its
conflicts of laws provisions. To the extent that the terms of this Agreement conflict with
applicable state or federal law, such state or federal law shall replace such conflicting terms only
to the extent required by law. Unless expressly stated otherwise, all other terms of this
Agreement shall remain in full force and effect.
Alerts Terms and Conditions
Alerts. Your enrollment in Farmers & Merchants Union Bank Online Banking and/or Mobile
Banking (the “Service”) includes enrollment to receive transaction alerts and notifications
(“Alerts”). Alerts are electronic notices from us that contain transactional information about
your Farmers & Merchants Union Bank account(s). Alerts are provided within the following
categories:
• Mandatory Alerts provide you with important account notifications, such as information
about changes to your Online Banking password, PIN, or login information. You do not
have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when
certain changes are made to your Service accounts, such as scheduled payments made,
scheduled payments cancelled and mobile deposits. These Alerts are automatically
activated for you. Although you may suppress these Account Alerts, we strongly
recommend that you do not do so because they provide important information related to
your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can
be accessed from the Alerts menu within Farmers & Merchants Union Bank Online
Banking and More - Alerts menu within Farmers & Merchants Union Bank Mobile
Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service.
You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to
time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to
do so. Farmers & Merchants Union Bank reserves the right to terminate its Alerts service at
any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a)
a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account,
by an e-mail message; or (d) your Farmers & Merchants Union Bank Online Banking message
in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is
your responsibility to determine that each of the service providers for the EndPoints described in
(a) through (c) above supports the email, push notification, and text message Alerts provided
through the Alerts service. Please be advised that text or data charges or rates may be imposed by
your EndPoint service provider. Alert frequency varies by account and preferences. You agree to
provide us a valid mobile phone number or email address so that we may send you Alerts. If
your email address or your mobile device's number changes, you are responsible for informing
us of that change. Your Alerts will be updated to reflect the changes that you communicate to us
with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime.
Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on
your mobile phone, just visit the Alerts tab in Farmers & Merchants Union Bank Online Banking
and click the box next to your mobile number for the Alerts you'd like to receive again. For help
with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service
at 920-623-7112. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-
Mobile
®
, U.S. Cellular
®
, Verizon Wireless, MetroPCS.
Limitations. Farmers & Merchants Union Bank provides Alerts as a convenience to you for
information purposes only. An Alert does not constitute a bank record for the deposit or credit
account to which it pertains. We strive to provide Alerts in a timely manner with accurate
information. However, you acknowledge and agree that your receipt of any Alerts may be
delayed or prevented by factor(s) affecting your mobile phone service provider, internet service
provider(s) and other factors outside Farmers & Merchants Union Bank's control. We neither
guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold
Farmers & Merchants Union Bank, its directors, officers, employees, agents, and service
providers liable for losses or damages, including attorneys' fees, that may arise, directly or
indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected
delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or
use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted,
we will never include your passcode or full account number. You acknowledge and agree that
Alerts may not be encrypted and may include your name and some information about your
accounts, and anyone with access to your Alerts will be able to view the contents of these
messages.
Privacy and User Information – Data Analytics. You acknowledge that in connection with your
use of Mobile Banking, Farmers & Merchants Union Bank and its affiliates and service providers,
including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as
session length, number of transactions and geolocation), and other data and information provided
by you or from other sources in connection with Mobile Banking or the Software. Farmers &
Merchants Union Bank 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 Mobile Banking, perform analytics to
improve the service, 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.
E-Statements
If I subscribe to e-statements, I understand that by this enrollment I will no longer
receive my monthly bank statement via U.S. Mail and that I will have 24/7 access to my statement
through Internet Banking. I also understand that if at any time I wish to receive my monthly
statement via U.S. Mail, I must notify FMUB in writing.
Privacy Statement
At Farmers & Merchants Union Bank, we recognize our customers' rights to privacy. You
have chosen to do business with us and we honor your expectations that your personal
financial information will remain private and secure. Farmers & Merchants Union Bank
will maintain standards to ensure that your information is private and secure at all times.
We believe the confidentiality and protection of customer information is one of our
fundamental responsibilities. While information is critical to providing quality service, we
recognize that one of our most important assets is our customers' trust. Thus, the
safekeeping of customer information is a priority for Farmers & Merchants Union Bank.
1. This statement is intended to describe how we collect, maintain and disclose customer
information, and how you can choose how information about you is used by us. This
statement may be amended from time to time at our discretion. If you have any questions,
comments or complaints about the privacy of information about you, please contact us at:
Farmers & Merchants Union Bank
159 W. James Street
Columbus, Wisconsin 53925
920-623-4000
2. We collect nonpublic personal information about you from the following sources:
ꞏ Information we receive from you on applications or other forms
ꞏ Information about your transactions with us or others
ꞏ Information we receive from a consumer reporting agency
3. We do not disclose any nonpublic personal information about you to anyone, except as
permitted by law.
