MOBILE BANKING AND MOBILE DEPOSIT SERVICE AGREEMENT

Transcription

1 MOBILE BANKING AND MOBILE DEPOSIT SERVICE AGREEMENT Please read this agreement. It cntains imprtant infrmatin abut Mbile Banking and Mbile Depsit Services. Yu shuld save r print a cpy f this agreement fr yur future reference. If yu d nt have a printer, yu may request a cpy f this agreement by cntacting Central Pacific Bank Att: Custmer Service Center, P.O. Bx 3590, Hnlulu, HI 96811, by phne at r The terms f this agreement are in additin t thse that apply t any accunt r service yu have with us, ur Persnal Online Banking Terms and Cnditins Agreement, and ur Depsit Accunt Agreement. By participating in this service, yu agree t the fllwing terms and cnditins. DESCRIPTION OF OUR MOBILE BANKING SERVICE Central Pacific Bank s ( CPB, us, we, r ur ) Mbile Banking Service allws custmers t access accunt infrmatin thrugh a mbile device. Mbile Banking is ffered as a cnvenience and as a supplemental service t ur Online Banking services. T use Mbile Banking, yu must currently be enrlled in Online Banking. A valid 10-digit mbile phne number must be prvided in rder t cmplete yur enrllment. Mbile Banking is nt intended t replace access t Online Banking frm yur persnal cmputer r ther methds yu use fr managing yur accunts and services with us. We have several ptins under ur Mbile Banking Services: Obtain Balance & Transactin Histry Make Transfers Between Accunts Make Bill Payments (t existing payees) Mbile Depsit Service SMS Text Banking x x Web Based Banking x x x Dwnladable x x x x Mbile App Fr mre detailed infrmatin, visit ur website at centralpacificbank.cm under Online Services. DESCRIPTION OF OUR MOBILE DEPOSIT SERVICE CPB s Mbile Depsit Service allws cnsumer custmers (nt applicable t businesses) t depsit checks using CPB's dwnladable Mbile Banking applicatin and yur mbile device's camera. Yu can nly depsit riginal checks payable t yu. T make a depsit, yu will capture an image f the frnt and back f the check using yur mbile device's camera and then transmit the check with ther infrmatin t us fr review and prcessing. Specific terms and cnditins fr using Mbile Depsit are prvided in this Agreement. DEFINITIONS Yu and yur refer t the persn r persns wh have cmpleted and submitted the Mbile Banking nline enrllment thrugh ur Online Banking Service. Mbile Banking Services r Mbile Banking refer t the mbile based service by which Central Pacific Bank custmers can access accunt infrmatin, view accunt activity, transfer funds between eligible accunts, find branch and ATM lcatins, and if already enrlled in the Online BillPay service thrugh Online Banking, make payments t existing payees. Mbile Depsit Services r Depsit Services refer t the ability t depsit checks int eligible checking accunts by use f an apprpriately cnfigured mbile device (dwnlad f ur Mbile Banking app t yur mbile device is required).

2 Services refers t bth Mbile Banking Services and the Mbile Depsit Services defined abve. Mbile Device refers t a wireless mbile device such as a cell phne, tablet cmputer, r persnal digital assistant. Business Days are every day, except Saturdays, Sundays and federal hlidays. Persnal Online Banking Terms and Cnditins Agreement refers t the Online Banking agreement that yu agreed t when enrlling in Online Banking. The Persnal Online Banking Terms and Cnditins Agreement can be fund n the CPB website under Online Services. HOW TO CONTACT US Yu can cmmunicate with us in any f the fllwing ways: TELEPHONE: (808) On Oahu; tll-free MAIL: Central Pacific Bank Custmer Service Center P.O. Bx 3590 Hnlulu, HI GENERAL TERMS AND CONDITIONS This Mbile Banking and Depsit Service Agreement ("Agreement") gverns use f the Mbile Banking Services and Mbile Depsit Services prvided t yu by Central Pacific Bank. This Agreement cntains imprtant terms and disclsures regarding the Services which yu may access thrugh a mbile device. It supplements ur Persnal Online Banking Terms and Cnditins Agreement. Acceptance and Cmmunicatins. When yu enrll in the Services thrugh CPB Online Banking by clicking Enrll, r by therwise using the Services, yu agree t the terms and cnditins f this Agreement by which CPB prvides the Services t yu. Yur enrllment fr and/r cntinued use f any f the Services indicates yur cntinuing acceptance f the terms f this Agreement as mdified frm time t time. Yur use f the Services may be made by use f certain numbers, cdes, marks, signs, r ther means f establishing yur identity and yur acceptance f the electrnic cmmunicatins that we establish frm time t time. All such items fr establishing yur identity and validity f the electrnic cmmunicatins are referred t as "Access Infrmatin." Equipment. T use the Services, yu must have a supprted mbile device, a camera fr use f Mbile Depsit Services as defined belw, a supprted perating system, and a data plan fr yur mbile device. Yu are respnsible fr btaining and maintaining internet service as well as the mbile device, perating system, and sftware necessary t ensure prper access t the Mbile Banking Service. CPB shall nt be respnsible fr prviding, servicing, r making any payments twards f any mbile device r its services. Fr sme Mbile Services, yu will need t dwnlad an applicatin t yur mbile device and, if s, the applicatin will be available fr dwnlad by clicking n the apprpriate icn n the CPB website r at the varius nline stres fr accessing applicatins. In the event we change r upgrade the Services, yu are respnsible fr making sure that yu upgrade the applicatin sftware and understand hw t use the sftware as changed r upgraded. We will nt be liable t yu fr any lsses caused by yur failure t prperly use the Services r yur mbile device. Yu will be required t enter yur username and passwrd, and yu may have t answer authenticatin questins befre accessing Mbile Banking Services. Nt all Online Banking services and/r functins are accessible features n the Mbile Banking Service. Fr a descriptin f ur Services, read the sectin abve titled Descriptin f ur Mbile Banking Service. We may add, mdify, r delete any particular functin, Mbile Banking Service, r future service at any time. We d nt guaranty that yur particular mbile device and camera (fr

3 Mbile Depsit Services), mbile device perating system, r mbile carrier will be cmpatible with the Services. Security f Yur Mbile Device and Accunt Infrmatin. Yu are respnsible fr: (a) maintaining the cnfidentiality and security f yur mbile device, access number, passwrd, security questins and answers, accunt numbers, username, and any ther security r access infrmatin yu use t access the Services (cllectively "Access Infrmatin") and (b) preventing unauthrized access t r use f the infrmatin, files, r data that yu transmit r use in r with the Services. Yu agree nt t supply yur Access Infrmatin t anyne. Yu will be respnsible fr all electrnic cmmunicatins, including image transmissins, , and ther data ("Cmmunicatins ) entered using the Access Infrmatin. Any Cmmunicatins received thrugh the use f the Access Infrmatin will be deemed t be sent r authrized by yu. Yu agree t ntify us immediately if yu becme aware f any lss, theft, r unauthrized use f any Access Infrmatin, including yur mbile device. Gelcatin. Using ur mbile app, the Services allw yu t lcate CPB branches and ATMs using the GPS functinality f yur mbile device. If yu chse t use this functinality, yu must enable lcatin services r its equivalent n the mbile device fr this feature f the Services t functin prperly. Additinal Limitatins. We d nt guaranty the functinality f the Services n all mbile devices, cmmunicatin netwrks, and/r gegraphic areas at all times. The Services may be temprarily unavailable during regular r emergency system maintenance r due t cnditins beynd ur cntrl. In n event will we be liable t yu fr unavailability f the Services r yur inability t access the Services. Except as prvided by applicable law, we will nt be liable r have any respnsibility f any kind fr any lss r damage thereby incurred by yu in the event f any failure r interruptin f the cmmunicatin systems r the Services resulting frm the act r missin f any third party r frm any ther cause nt reasnably within the cntrl f CPB. Withut limiting the freging, we d nt assume respnsibility fr any such difficulties r any resulting damages that yu may incur. The Service is restricted t nly ne 10-digit mbile telephne number per user access. Third Party Interests. We may use third-party service prviders (including any Sftware prvider) t help deliver the Services t yu. These service prviders may rely upn yur agreements and representatins in this Agreement and are third-party beneficiaries t this Agreement, with the pwer t enfrce applicable prvisins against yu, such as the Sftware license belw. Subject t yur cmpliance with this Agreement, yu are hereby granted a persnal, limited, nntransferable, nnexclusive, and nnassignable license ("License") t use the Sftware n yur mbile device within the United States and its territries. In the event that yu btain a new r different mbile device, yu will be required t dwnlad and install the Sftware n that new r different mbile device. This License shall be deemed revked immediately upn (a) yur terminatin f the Services in accrdance with this Agreement, r (b) yur deletin f the Sftware frm yur mbile device, r (c) ur written ntice t yu at any time, with r withut cause. If this License is revked, yu agree t prmptly delete the Sftware frm yur mbile device. This prvisin shall survive revcatin f the License. a. Prprietary Rights. Yu are permitted t use cntent delivered t yu thrugh the Services nly in reference t the Service. Yu may nt cpy, reprduce, distribute, r create derivative wrks frm this cntent. Further, yu agree nt t reverse engineer r reverse cmpile any f the related technlgy, including withut limitatin any Sftware r ther mbile device applicatins assciated with the Service. b. N Cmmercial Use r Re-Sale. Yu agree nt t resell r make cmmercial use f the Services. Fees. Currently there are n fees fr use f ur Services. All service fees are subject t change by CPB upn 30 days written ntice t yu. Terminatin. We reserve the right t change r cancel the Services at any time. We may als suspend yur access t the Services at any time withut ntice and fr any reasn, including withut

4 limitatin, yur failure t lgin t the service fr 120 cnsecutive days. Yu agree that we will nt be liable t yu r any third party fr any discntinuance f the Services. Ntwithstanding any such ntice f terminatin, this Agreement shall remain effective with respect t any transactin that ccurred prir t terminatin. Upn any terminatin f this Agreement, yu will immediately cease using the Services. We may immediately suspend r terminate yur access t the Services in the event that we reasnably determine that suspensin r terminatin is necessary in rder t prtect the Services r CPB frm harm r cmprmise f integrity, security, reputatin, lss, theft, unauthrized use r peratin. Yu may end yur use f the Services at any time by lgging int Online Banking, clicking n the Mbile Banking menu under the Other Services tab. MOBILE DEPOSIT SERVICE Yu accept respnsibility fr making sure that yu understand hw t use the Mbile Depsit Service befre yu actually d s. Yu will use the Mbile Depsit Service nly in accrdance with the instructins psted n ur website r as prvided n the mbile banking applicatin. Yu must create an electrnic image f checks t be depsited with the camera n yur mbile device and then transmit the electrnic image t CPB fr depsit t yur accunt. Yu agree t scan and transmit nly riginal checks that are payable nly t yu. Yu als agree that yu will use the Depsit Service t depsit checks drawn n financial institutins in the United States with a valid ABA ruting number and denminated in United States dllars. CPB may use a prcessing agent t perfrm a quality assessment f the electrnic image f the check and take steps necessary t facilitate the depsit and cllectin f the check. Yu agree that the manner in which checks are cleared, presented, r rejected fr payment shall be determined by CPB in its sle discretin. We reserve the right t select the clearing agents thrugh which we clear checks. In the event that the Depsit Service is interrupted, unavailable, r checks d nt meet the requirements mentined abve, checks must be depsited in persn at a branch, by a night drp facility, by mail, r any ther acceptable methd. Depsit Accunt. Prir t submissin f yur depsit, yu must select the accunt t receive the depsit frm yur eligible checking accunt(s). This will be cnsidered yur settlement accunt. Yu will be respnsible fr reviewing and balancing any settlement accunt. Depsit Prhibitins and Limitatins. Yu agree that yu will nt use the Depsit Service t depsit, attempt t depsit, r allw thers directly r indirectly t depsit r attempt t depsit by any means, any f the fllwing: Checks r items that are nt payable t yu Checks r items that are payable t yu and anther party wh is nt a jint wner f the accunt int which the check is t be depsited. Checks r items that have been altered r that yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the check r item is drawn. Any image f a check that has already been depsited. Checks r items drawn n a financial institutin lcated utside the United States. Checks r items nt payable in United States currency. Checks r items dated mre than six mnths befre the date f depsit. Checks that are irregular in any way (e.g., where the numerical and written amunts are different). Registered gvernment warrants. Checks payable t Cash. Travelers checks, mney rders, r pstal mney rders. Checks that have previusly been returned unpaid fr any reasn. Checks r items fr which yu are aware that a stp payment rder has been issued r fr which there are insufficient funds. Checks that exceed the maximum daily r mnthly aggregate depsit limits described in this Agreement.

5 Nthing in this Agreement shall be cnstrued as requiring us t accept any check r item fr depsit, even if we have accepted that type f check r item previusly. We may, but are nt bligated t identify r reject any checks r items that yu may scan and depsit that fail t meet the requirements f this Agreement r the Depsit Service. In the event that yu r any third party makes r attempts t make a depsit in vilatin f this Agreement, yu agree t defend, indemnify, and hld harmless CPB and its agents frm and against all liability, claims, damages, and lsses arising ut f any claims, suits, r demands brught by third parties with respect t any such check. Yu agree that the aggregate amunt f any items depsited mre than nce will be debited frm yur accunt and, t the extent funds in yur accunt are insufficient t cver this amunt, any balance shall be debited by CPB frm any f yur ther depsit accunts with CPB in its sle discretin. Yu further acknwledge that yu and nt CPB are respnsible fr the prcessing and handling f any riginal items that are imaged and depsited utilizing the Depsit Service and yu assume all liability t the drawer f any item imaged using the Depsit Service r liability arising frm CPB's printing f any substitute check frm thse images. Exceptin Items. We may reject any electrnic image that we determine t be ineligible fr the Depsit Service ("Exceptin Item") including withut limitatin electrnic images f checks that d nt cmply with the requirements f this Agreement. An Exceptin Item may be depsited nly by depsiting the riginal item n which the Exceptin Item is based. CPB's failure t identify an Exceptin Item shall nt preclude r limit yur bligatins t CPB r therwise limit CPB's remedies. Funds Availability. Yu agree that checks transmitted befre 6:00pm HST n a Business Day is cnsidered t be received by us n that Business Day. Any checks received after that time r n a nn- Business Day will be cnsidered t be received n the next Business Day. This is the day that we will cnsider t be the day f yur depsit. Once we have accepted yur depsit, yur funds will be available t yu by the next Business Day after the day f yur depsit. Yu agree t verify that yur depsits have been crrectly psted t yur accunt each day and t ntify us immediately f any discrepancy. Yu agree that the imaging and sending f checks thrugh the Depsit Service alne des nt cnstitute transmissin f the depsit until it is received by CPB. Except as expressly prvided in this Agreement, depsits made thugh the Depsit Service are subject t all limitatins and terms set frth in the relevant depsit agreement gverning the settlement accunt as it may be mdified frm time t time, including withut limitatin t thse related t depsit acceptance, crediting, cllectin, endrsement, prcessing rder, and errrs. If we have nt accepted yur depsit, we will prvide a ntificatin t yu via , mail r by telephne. Endrsements and Prcedures. Befre transmissin, yu agree t restrictively endrse any check r item transmitted thrugh the Depsit Service as "Fr CPB mbile depsit nly and yur signature, r as therwise instructed by CPB. Yu agree t fllw any and all ther prcedures and instructins fr use f the Depsit Service as we may establish frm time t time. Yu agree t supply any infrmatin in yur pssessin that we request regarding a check r item depsited r attempted t be depsited thrugh the Depsit Service. Limitatins. Yu may nt use the Mbile Depsit Service t depsit any ne check in an amunt greater than $5,000 per accunt. Yur ttal depsits accepted thrugh the Mbile Depsit Service will be aggregated and may nt exceed $5,000 per accunt in any ne Business Day r $20,000 per accunt in any calendar mnth. Check Retentin and Destructin. Yu agree that all checks belng t yu and nt t CPB and that thse items shall be handled in accrdance with this Agreement and any depsit accunt terms and cnditins. Yur electrnic transmissin is subject t prf and verificatin. Yu will retain the riginal f all imaged checks that have been depsited via Mbile Depsit fr 20 days frm the depsit date. It is yur respnsibility t prperly destry and dispse f all riginal checks after this time. During the perid that yu maintain any riginal checks, yu understand and agree that yu must use a high degree f care t prtect these riginal checks against security risks. These risks include, withut limitatin, (a) theft r reprductin f the riginal checks fr purpses f presentment fr depsit f these riginal checks (i.e.

6 after the riginal checks have already been presented fr depsit via the Depsit Service) and (b) unauthrized use f infrmatin btained frm the riginal checks. CPB Liability. Yu assume exclusive respnsibility fr the cnsequences f any instructins that yu give t us, fr yur failure t access the Services prperly in a manner that we direct, and fr yur failure t supply accurate input infrmatin, including withut limitatin any infrmatin cntained in an applicatin used t access the Services. Yu acknwledge and agree that we will nt be liable fr any damages r lss f any kind resulting frm any unintentinal errr r missin by CPB in prviding the Services in accrdance with this Agreement r in relatin t an unintentinal deviatin frm the terms and cnditins f this Agreement. We will have n liability t yu r any ther persn r entity fr any lss, damage, cst, r expense arising ut f this Agreement r the Services regardless f the frm in which asserted, except as prvided by applicable law fr any errr r delay in perfrming the Services under this Agreement. In additin, we will have n liability fr nt effecting a transactin if (a) we receive actual ntice r have reasn t believe that yu filed r cmmenced a petitin r prceeding fr relief under any bankruptcy r similar law, (b) the wnership f funds invlving a transactin is in questin, (c) we suspect a breach f the security prcedures, (d) we suspect that yur accunt has been used fr illegal r fraudulent purpses, r (e) we reasnably believe that a transactin is prhibited by federal law r regulatin r is nt authrized in this Agreement. Subject t Regulatin E, we will nt be liable if yu fail t reprt timely any errr r discrepancy reflected in an accunt statement prepared by us r if yu fail t reprt a breach f yur Access Infrmatin. If we fail t perfrm under this Agreement in accrdance with the standards set herein, ur liability fr damages, lsses, and ther cmpensatin wing t yu will be limited as set frth belw. Yur Rights Under Federal Regulatins. Yur Mbile Depsits are electrnic fund transfers (EFT). The fllwing disclsures set frth yur and ur rights and respnsibilities cncerning electrnic fund transfers. 1. Dcumentatin. Peridic Statements. Yu will get a mnthly statement fr yur checking accunt, including Mbile Depsits. Mbile App Depsit Histry. Mbile Depsits that yu make will appear in yur app s Depsit Histry fr 30 days. 2. Cnsumer Liability. Tell us AT ONCE if yu believe yur cde r mbile device has been lst r stlen, r if yu believe that an electrnic fund transfer has been made withut yur permissin using infrmatin frm yur check. Telephning is the best way f keeping yur pssible lsses dwn. Yu culd lse all the mney in yur accunt (plus yur maximum verdraft line f credit). If yu tell us within 2 business days after yu learn f the lss r theft f yur cde r mbile device, yu can lse n mre than $50 if smene used yur cde r mbile device withut yur permissin. If yu d NOT tell us within 2 business days after yu learn f the lss r theft f yur cde r mbile device, and we can prve we culd have stpped smene frm using yur cde withut yur permissin if yu had tld us, yu culd lse as much as $500. Als, if yur statement shws transfers that yu did nt make, including thse made by card, cde r ther means, tell us at nce. If yu d nt tell us within 60 days after the statement was mailed t yu, yu may nt get back any mney yu lst after the 60 days if we can prve that we culd have stpped smene frm taking the mney if yu had tld us in time. If a gd reasn (such as a lng trip r a hspital stay) kept yu frm telling us, we will extend the time perids. 3. Our Liability fr Failure t Make Transfers. If we d nt cmplete a transfer t r frm yur accunt n time r in the crrect amunt accrding t ur agreement with yu, we will be liable

7 fr yur lsses r damages. Hwever, there are sme exceptins. We will NOT be liable fr instance: If, thrugh n fault f urs, yu d nt have enugh mney in yur accunt t make the transfer. If the mney in yur accunt is subject t legal prcess r ther claim restricting such transfer. If the transfer wuld g ver the credit limit n yur verdraft line. If the ATM where yu are making the transfer des nt have enugh cash. If the terminal r system was nt wrking prperly and yu knew abut the breakdwn when yu started the transfer. If circumstances beynd ur cntrl (such as fire r fld) prevent the transactin, despite reasnable precautins that we have taken. There may be ther exceptins stated in ur agreement with yu. 4. In Case f Errrs r Questins Abut Yur Electrnic Transfers. Telephne us r write us using the Cntact Infrmatin listed belw as sn as yu can, if yu think yur statement r receipt is wrng r if yu need mre infrmatin abut a transfer listed n the statement r receipt. We must hear frm yu n later than sixty (60) days after we sent the FIRST statement n which the prblem r errr appeared. Tell us yur name and accunt number (if any). Describe the errr r the transfer yu are unsure abut, and explain as clearly as yu can why yu believe it is an errr r why yu need mre infrmatin. Tell us the dllar amunt f the suspected errr. If yu tell us rally, we may require that yu send us yur cmplaint r questin in writing within ten (10) business days. We will determine whether an errr ccurred within ten (10) business days after we hear frm yu and will crrect any errr prmptly. If we need mre time, hwever, we may take up t frty five (45) days t investigate yur cmplaint r questin. If we decide t d this, we will credit yur accunt within ten (10) business days fr the amunt yu think is in errr, s that yu will have the use f the mney during the time it takes us t cmplete ur investigatin. If we ask yu t put yur cmplaint r questin in writing and we d nt receive it within ten (10) business days, we may nt credit yur accunt. If a ntice f errr invlves an electrnic fund transfer that ccurred within thirty (30) days after the first depsit t the accunt was made, the errr invlves a new accunt. Fr errrs invlving new accunts, pint f sale debit card transactins, r freign-initiated transactins, we may take up t ninety (90) days t investigate yur cmplaint r questin. Fr new accunts we may take up t twenty (20) business days t credit yur accunt fr the amunt yu think is in errr. We will tell yu the results within three (3) business days after cmpleting ur investigatin. If we decide that there was n errr, we will send yu a written explanatin. Yu may ask fr cpies f the dcuments that we used in ur investigatin.

8 5. Cnfidentiality. We will disclse infrmatin t third parties abut yur accunt r the transfers yu make: T cmplete transfers as necessary; T verify the existence and cnditin f yur accunt upn the request f a third party, such as a credit bureau r merchant; r T cmply with gvernment agency r curt rders; r If yu give us yur written permissin. Limitatin n Damages against CPB. CPB'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES THAT YOU SUSTAIN AND ONLY TO THE EXTENT THE DAMAGES ARE A DIRECT RESULT OF CPB'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF CPB RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED $100. IN NO EVENT SHALL CPB BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS, WHETHER OR NOT CPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CPB'S LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO YOU IN CONNECTION WITH ANY MATTER. Disclaimer f Warranties. YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CPB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICES AND WITHOUT ANY WARRANTIES OF ANY KIND. CPB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CPB DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF THE SERVICES (INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING.