Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Farmers & Merchants State Bank combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking services of which the Service is a part. Farmers & Merchants State Bank in its discretion may modify these Terms and Conditions at any time. Message and data rates apply.
a. Program: Farmers & Merchants State Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (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 with Farmers & Merchants State Bank 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 and data rates apply. Customers will be allowed to opt out of this program at any time.
b. Questions: You can contact us at firstname.lastname@example.org or 920-478-3007, or send a text message with the word "HELP" to this number: 96924. We can answer any questions you have about the program.
c. 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: 96924. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Farmers & Merchants State Bank or any service provider.
e. Carriers: Our participating carriers include (but are not limited to) Alltel, A T & T, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.
Privacy and User Information. You acknowledge that in connection with your use of the Services, Farmers & Merchants State 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 the Services or Software (collectively “User Information”). Farmers & Merchants State 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 the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Farmers & Merchants State Bank and its affiliates and service providers also reserve the right to monitor use of the Services and 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 the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Farmers & Merchants State 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 State Bank or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or 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 State Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
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 State 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.
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:
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.
- Items payable to any person or entity other than you;
- Items containing a restrictive endorsement;
- Items that are substitute checks or image replacement documents;
- Items drawn on a financial institution located outside the United States;
- 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
- 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.
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 3:00 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 3:00 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.
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:
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.
- only Items that originated as paper Items and no third party or electronic checks may be deposited using the mobile deposit service;
- after you submit an Item for deposit using the mobile deposit service you will not redeposit or otherwise transfer or negotiate the original Item;
- not to deposit Items into your account unless you have authority to do so;
- to abide by any per-day, per-week, per Item, or any other limitation that we establish in connection with the mobile deposit service;
- after you submit an Item for deposit you are solely responsible for the storage or destruction of the original Items;
- you may only utilize the mobile deposit service if you and your mobile device are located in the United States;
- to comply with any additional instructions or requirements that we communicate to you, including for example any help screens or user guides;
- the electronic image of the Item will become the legal representation of the Item for all purposes; and
- any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.
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 920-478-2181.
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 attorneys fees) arising from your use of the mobile deposit service. This obligation survives termination of this Exhibit and the Agreement.