E-Sign Disclosure and Agreement for River City Bank s Mobile Banking Application
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- Philip Murphy
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1 Please take this opportunity to review the following disclosures and information about accessing your River City Bank (RCB) accounts through the Mobile Banking App: E-Sign Disclosure and Agreement for River City Bank s Mobile Banking Application As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. We are required by law to give you certain information in writing which means you are entitled to receive it on paper. We may provide some of this information to you electronically, instead, with your prior consent. Please review this agreement as it applies to required initial and future disclosures and agreements related to your accounts, and will be effective until expressly withdrawn by you. Applicability of Consent This E-Sign Disclosure and Agreement applies only to River City Bank s Mobile Banking Application. Electronic Delivery of Disclosures and Notices By agreeing to the terms of the E-Sign Disclosure and Agreement, you are consenting to receive electronic communications, including but not limited to disclosures, notices, statements, and Terms and Conditions related to the opening and use of and access to your accounts Note: Consenting to receive electronic disclosures under this E-Sign Disclosure and Agreement does not automatically enroll you in Mobile Banking and will not result in electronic delivery of periodic statements unless you have already agreed to such delivery and are receiving periodic statement through Online Banking. Following this E-Sign Disclosure and Agreement and demonstration of your ability to access the disclosures electronically, you will see eligible disclosures provided electronically. The River City Bank Free Mobile Banking App provides a customized and fast Mobile Banking experience designed specifically for smartphones and devices. We may, at our sole discretion, provide you with any communication in writing, even if you have chosen to receive it electronically. There are certain communications that by law we are not permitted to deliver to you electronically, even with your consent. For example, we will continue to provide your interest tax statements on paper.
2 Paper Copies You may obtain paper copies of any of the communications the River City Bank provides to you electronically by sending your written request to River City Bank, P.O. Box 15247, Sacramento, CA 95851, or by calling us at or If you request a paper-based copy, the River City Bank will provide the initial copy to you free of any River City Bank fees or charges. The River City Bank will mail paper-based copies of a communication to you (at the address shown on the River City Bank records) within ten (10) business days after the date the River City Bank receives your request. Although we do not currently impose a fee or other charge for the initial paper copy of your communications, we reserve the right to impose a fee or charge in the future and to change such fee at any time. If you provide us your address, at your request we will you a copy free of charge. Hardware and Software Requirements In order for you to access and retain the communications, you will need a computer as well as a working connection to the Internet. The River City Bank supports the two most recent public release versions of the following browsers: Windows o Internet Explorer o Firefox Mac o Safari To use iphone and Android applications, your device must have a data plan and/or your device must be able to access the Internet. For App Banking, Android devices must run operating system or higher and iphone devices must run operating system 7.0 or higher. To use Mobile Banking, you must have a mobile device with an Internet browser, a data plan and/or the device must be able to access the Internet. Additionally, Adobe Reader software is required to read the account statements and other important notices. River City Bank supports the two most recent versions of Adobe Reader. We may revise hardware and software requirements from time-to-time and will notify you if there is a material risk that based on the changes you would not be able to access your electronic records. You will have the opportunity to withdraw consent without the imposition of a fee. You are responsible for the installation, maintenance, and operation of your computer or electronic device. We are not responsible for any errors or failures from any malfunction of your computer or electronic device, for any virus, other problems or changes that may be associated with the use of your computer or electronic device, including, for example, the cost of your Internet Service Provider.
3 Withdrawal of Electronic Acceptance of Disclosures and Notices You may withdraw your consent to receiving electronic disclosures at any time by contacting River City Bank Customer Service at or Your withdrawal of consent will be effective after we have had a reasonable opportunity to act upon it. Your withdrawal of consent applies only to mobile banking. Governing law TERMINATION OF ELECTRONIC ACCEPTANCE WILL RESULT IN YOUR BEING UNABLE TO USE MOBILE BANKING. The E-Sign Disclosure and Agreement is made in California and is subject to California law to the extent it is not inconsistent with federal law or regulation. Consent By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active address for use if you choose to set up an account notification (Alert) feature that permits you to request automated notification of specific situations. (RCB will not have access to this address.) You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, or other delegates as identified on your account agreements. This consent applies only to River City Bank s Mobile Banking application. Acceptance or Decline By clicking Accept at the end of this entire disclosure (including this E-Sign Agreement and the Terms and Conditions Mobile Banking Agreement to follow), you are agreeing to receive disclosures electronically as stated in this E-Sign Disclosure and Agreement and you are agreeing to the following Terms and Conditions -Mobile Banking Agreement. If you DO NOT want to consent to electronic delivery of disclosures, PLEASE EXIT THE APPLICATION NOW. If you consent to electronic delivery of the following disclosures, there will be an Accept button at the end of the next disclosure section.
4 Terms and Conditions Mobile Banking Agreement Consumer Privacy Policy A link to our Consumer Privacy Policy is located at the bottom of the log in screen. Please take an opportunity to review the Policy at your earliest convenience. Within the Privacy Policy there is a link to RCB s Privacy Notice as well. Our Privacy Policy was provided to you when you originally opened your deposit account and annually thereafter. It is always posted on our website at Mobile Banking is a personal financial information management service that allows you access to your River City Bank account(s) information. River City Bank does not permit your Password or any account information to be stored on your device. Please visit the app store of your device periodically to check for a new version of the River City Bank Mobile app. Then, simply update and continue your mobile banking. Enrollment. To enroll in Mobile Banking: You must have a River City Bank account in good standing You must first be enrolled in Online Banking You must be 18 years of age or older We reserve the right to modify the Services at any time. In the event of any modifications you are responsible for making sure that you understand how to use the App as modified. We will not be liable to you for any losses caused by your failure to properly use the Services or your Wireless Device. The availability, timeliness and proper functioning of Mobile Banking depends on many factors, including your Wireless Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your Wireless Device. Neither we nor any of our service providers warrants that the Services or the Software App will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Mobile Banking, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of date or loss of personalized settings. You agree that, when you use Mobile Banking, you remain subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider (i.e. AT&T, Verizon, etc.) and that this Terms and Conditions Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking, which may include downloading the Software, receiving or sending Mobile
5 Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, Wireless Device or mobile network which you utilize to access Mobile Banking. The Services and Software are provided As Is without warranty of any kind, express or implied including, but not limited to warranties of performance or merchantability or fitness for a particular purpose or non-infringement or any other warranty as to performance, accuracy or completeness. You agree to exercise caution when utilizing the Services on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information. Neither we nor our service providers are liable for failures to perform our obligations under this Agreement resulting in fire, earthquake, flood or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond our control. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your personal information up to date and accurate. You may choose to provide your address to set up an account notification feature (alert) that permits you to request automated notification of specific situations. You agree to keep the address up-to-date. RCB does not have access through Mobile Banking to that information as it is not stored on our Mobile Banking records. You represent that you are an authorized user of the Wireless Device you will use to access Mobile Banking, and that you are authorized to download and install the Software App on your Wireless Device. You agree not to give or make available your Mobile Banking password or other means to access your account to any unauthorized individuals. If you permit other persons to use your Wireless Device and password or other means to access Mobile Banking, you are responsible for any transactions they authorize. If you believe that your password, Wireless Device or other means to access your account has been lost or stolen, or that someone may attempt to use Mobile Banking without your consent, you must notify us in accordance with the notification requirements set forth in the Bank s Electronic Funds Transfer Disclosure as set out below under Unauthorized Transfers and Regulation E.
6 ELECTRONIC FUNDS TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES and Regulation E Electronic Funds Transfer (Regulation E) rules apply to consumer accounts only and disclosures are not intended to convey any rights or benefits to business accounts. Indicated below are types of Electronic Funds Transfers we are capable of handling on mobile banking, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. Transfers to/from a savings account or money market deposit account Transfers to/from a checking account You should keep this notice for future reference. Since you are unable to save this set of disclosures on your mobile device, you may obtain paper copies of any of the electronic communications River City Bank provides to you by sending your written request to River City Bank, P.O. Box 15247, Sacramento, CA 95851, calling us at or If you request a paper-based copy, the River City Bank will provide the initial copy to you free of any River City Bank fees or charges. The River City Bank will mail paper-based copies of a communication to you (at the address shown on the River City Bank records) within ten (10) business days after the date the River City Bank receives your request. If you provide us your address, at your request we will you a copy free of charge. FINANCIAL INSTITUTION S LIABILITY Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your account to make the transfer. If your mobile telephone was not working properly and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions stated in our agreement with you.
7 UNAUTHORIZED TRANSFERS and REGULATION E Consumer liability. Tell us AT ONCE if you believe your password has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You may call us by tapping the Contact Us button at the bottom of the mobile banking menu. Then tap Call for Assistance. Or you may call us at or You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your mobile device or password, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by debit card, mobile phone or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can provide that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as long trip or a hospital stay) kept you from telling us, we will extend the time periods. Contact in event of unauthorized transfer. If you believe your password or mobile device has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, send your written request to River City Bank, P.O. Box 15247, Sacramento, CA or by calling us at or ERROR RESOLUTION NOTICE In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below 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 the FIRST statement on which the problem or error appeared. Tell us your name and account number Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. 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.
8 We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-ofsale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account was opened. We will tell you the results within three business days after completing our investigation. If we decide 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 by sending your written request to River City Bank, P.O. Box 15247, Sacramento, CA or by calling us at or during regular business days Monday through Friday excluding Federal holidays. LIMITATIONS ON FREQUENCY OF TRANSFERS In addition to those limitations on transfers elsewhere described, if any, the following specific account limitations apply: Transfers from a savings account or money market deposit account to another account or to a third party by preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction are limited to six per calendar month including by check, draft, debit card, or similar order payment to third parties. Note that the Limitations on frequency of transfers section regarding limitations that apply to savings accounts and money market deposit accounts, applies to consumer accounts AND business accounts. Fees for excessive withdrawals savings accounts and money market deposit accounts: An excessive withdrawal fee of $15.00 will be charged for each preauthorized transfer or withdrawal in excess of six during a calendar month. Transfers from a checking account to a savings account, money market deposit account or another checking account. There is no limitation on these transfers. TRANSFER FEES We do not charge for direct deposits to any type of account. Except as may be indicated elsewhere, we do not charge for electronic funds transfers. DOCUMENTATION Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can find out whether or not the deposit has been made by calling us at or , or reviewing your account at
9 Online Banking. Or you can refresh the information by logging out and logging in again. Periodic statements. You will receive a monthly account statement from us for your checking or money market accounts. You will receive a monthly account statement from us for your statement savings account, if there are transfers in that particular month. In any case, you will receive a statement at least quarterly. CONFIDENTIALITY We will disclose information to third parties about your account or the transfers you make: where it is necessary for completing transfer; or In order to verify the existence and condition of your account for a third party, such as credit bureau or merchant; or In order to comply with government agency or courts orders; or If you give us written permission. IMPORTANT: If your mobile phone is lost or stolen, you should immediately call us at or in order to delete the device from the mobile app access. If you later find your mobile device, you can re-enroll the same mobile number. MOBILE DEPOSIT CAPTURE USER AGREEMENT This Agreement contains the terms and conditions for the use of River City Bank s ( RCB, us, or we ) Mobile Check Deposit and/or other Mobile Deposit capture services that we may provide to you ( you, or User ). Other agreements you have entered into with RCB, including the Membership & Account Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your RCB account, are incorporated by reference and made a part of this Agreement. 1. Services. The mobile check deposit services ( Services ) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from your smartphone by taking a picture of the check(s) and delivering the images and associated deposit information to RCB or RCB s designated processor. There is currently no charge for the Services. 2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any
10 material change via a popup window in the app and display the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, RCB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services. 3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. 4. Eligible items. You agree to deposit only checks as that term is defined in Federal Reserve Regulation CC ( Reg CC ). You agree that the image of the check transmitted to RCB shall be deemed an item within the meaning of Article 4 of the Uniform Commercial Code as adopted in California. You agree that you will not use the Services to deposit any checks or other items as shown below: a. Checks or items payable to any person or entity other than you. b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder. c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn. d. Checks or items previously converted to a substitute check, as defined in RegCC. e. Checks or items drawn on a financial institution located outside the United States. f. Checks or items that are remotely created checks, as defined in Reg CC. g. Checks or items not payable in United States currency. h. Checks or items dated more than 6 months prior to the date of deposit. i. Checks or items prohibited by RCB s current procedures relating to the Services or which are otherwise not acceptable under the terms of your RCB account. 5. Image Quality. The image of an item transmitted to RCB using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI (American National Standards Institute), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. If the image is not legible, the item will be rejected immediately and you will see a message on your screen. If an item is rejected after you have received confirmation, we will contact you as soon as possible by telephone using the telephone number of record that you have previously provided to us. You will also receive a written notice. 6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as For Deposit only, RCB Account #, Deposit Date or as otherwise instructed by RCB. You agree to follow any and all other procedures and instructions for use of the Services as RCB may establish from time to time. 7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from RCB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
11 8. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Checks will be reviewed and processed daily, Monday through Friday, except Federal holidays. Checks received by 3:00 p.m. (PT) generally will be available for withdrawal the next business day. Checks received after 3:00 p.m. (PT) will be reviewed and processed the next business day. Once your check has been posted, save the check for 30 days, then destroy it. 9. Disposal of Transmitted Items. Upon your receipt of a confirmation from RCB that we have received the image of an item, you agree to prominently mark the item as Electronically Presented or VOID and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to RCB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for RCB s audit purposes. 10. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time. The Mobile App will display a message immediately if you attempt to exceed your daily limits. 11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by RCB from time to time. See your Mobile App s app store for current hardware and software specifications. RCB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. 12. Errors. You agree to notify RCB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable RCB account statement is sent. Unless you notify RCB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against RCB for such alleged error. 13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in RCB s sole discretion subject to the Membership & Account Agreement and Disclosures governing your account. 14. Ownership & License. You agree that RCB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to RCB s business interest, or (iii) to RCB s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services. 15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE
12 RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. 16. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF RCB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. 17. User warranties and indemnification. You warrant to RCB that: a. You will only transmit eligible Items. b. Images will meet the image quality standards. c. You will not transmit duplicate items. d. You will not deposit or represent the original item. e. All information you provide to RCB is accurate and true. f. You will comply with this Agreement and all applicable rules, laws and regulations. You agree to indemnify and hold harmless RCB from any loss for breach of this warranty provision. 18. Other terms. You may not assign this Agreement. This Agreement is entered into in California, and shall be governed by the laws of the State of California and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. Version 2 Effective 3/13/2015 I accept this Terms and Conditions Agreement
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