City National Bank &
Trust Mobile Check Deposit Agreement
This City National Bank & Trust Mobile Check Deposit
Agreement (“Mobile Check Deposit Agreement” or “mRDC Agreement”) sets forth the
terms and conditions of the Mobile Check Deposit services that City National
Bank & Trust Company of Lawton, Oklahoma makes available to its customers (“Mobile
Check Deposit Service” or “mRDC Service”).
The terms and conditions
of this mRDC Agreement are in addition
to all other agreements, documents and disclosures that relate to your accounts
at City National Bank, including but not limited to the Consumer Deposit
Account Agreement and Disclosure (“Disclosure Booklet”), CityNET Consumer
Online Banking Agreement, and the other agreements referred to in the
Disclosure Booklet, including the Consumer Deposit Accounts Brochure and the
account opening documents for your account, and any subsequent amendments and
updates, all of which make up the contract between you and City National Bank
that governs your account. In the event there is a conflict between the terms
of (A) this Mobile Check Deposit Agreement, (B) CityNET Consumer Online Banking
Agreement and (C) the Consumer Deposit Account Agreement and Disclosure
booklet, the terms of the Disclosure Booklet shall control.
By applying for Mobile Check Deposit, accessing your account and
engaging in Online Financial Services you agree to be bound by the terms of the
most recent version of this mRDC Agreement. Your continued use of Mobile Check Deposit
will be additional evidence of your agreement to these terms. The most recent version of this CityNET Agreement
is available to you at: https://www.cnb1901.com/CityNET-Consumer-Online-Banking-Agreement.pdf. You may also receive a copy of this mRDC Agreement by calling Customer Service
during our business hours at 1-866-385-3444, writing us at PO Box 2009, Lawton
OK 73502-2009, or visiting any CNB branch. Our Customer Service business hours
are: Monday through Friday, 8:00 AM to 7:00 PM, and Saturday, 9:00 AM to 4:00
PM, excluding federal holidays.
TERMS AND DEFINITIONS
• City National Bank & Trust Company of Lawton, Oklahoma, is
referred to throughout as “City National Bank”, “CNB”, the “Bank”, “Us” and
“We”.
• “Account” or “Accounts” shall mean your CNB checking, savings,
loan or certificate of deposit accounts and other CNB products that can be
accessed using CityNET online services.
• “You”, “your” and “yours” refers to the account holder(s) and
authorized signer(s) of an account, any person that is authorized to access
account information, including any person using the CityNET online banking
username and password provided to the account holder, and anyone else with the
authority to deposit, withdraw, or exercise control over the funds in the
account.
• “CityNET” or “Service” refers to the personal banking online
services that City National Bank makes available to its customers, including
Internet banking, Bill Pay, Mobile Check Deposit and other mobile banking and
text banking services.
• “Disclosure Booklet” refers to the Consumer Deposit Account
Agreement and Disclosure Booklet.
• “Online Financial Services” refers to any online or mobile
financial service provided through CityNET to you, either on a computer through
a traditional Internet connection or on a Mobile Device. These Online Financial
Services include: Internet banking, mobile banking, and text banking services,
eStatements and Mobile Check Deposits.
• “Access Device” means any electronic device you use to access
Online Financial Services or to view electronic documents, including but not
limited to a traditional computer such as a desktop or laptop, or a mobile
device like a tablet computer or a smartphone.
• “Mobile Device” means a supportable mobile device (example: a
cellular phone or other mobile device) that is Web-enabled and allows secure
SSL traffic which is also capable of sending and receiving text messages.
• “Mobile Check Deposit” refers to the service of depositing a
check via your mobile application by taking a photo of the check with your Mobile
Device. This may also be referred to as mobile remote deposit capture or “mRDC”.
Please
carefully read this Mobile Check Deposit Agreement, CityNET Online Banking
Agreement, Consumer Deposit Accounts Brochure, and the account opening
documents for your account. These documents tell you your rights and
obligations for your account and other products and services. You should keep
these documents, including any subsequent amendments and updates, for future
reference regarding your account and other products and services.
MOBILE CHECK DEPOSIT SERVICES AGREEMENT
This mRDC Agreement
contains important terms and conditions which govern the Mobile Check Deposit Service.
Other agreements you have entered into with City National Bank and disclosures
governing your City National Bank account(s) are incorporated by reference and
made a part of this Agreement. You understand and agree that by using the
Mobile Check Deposit Services, you are accepting the terms and conditions of
this Mobile Check Deposit Agreement and that your use of your CityNET Username
and Password will be considered the same as your written signature in
authorizing us to complete any transaction or request communicated to us.
This mRDC Agreement is
revised periodically, and it may include changes from earlier versions. This
mRDC Agreement must be reviewed in conjunction with the Consumer Deposit Account
Agreement and Disclosure Booklet, the CityNET Consumer Online Banking
Agreement, the Consumer Deposit Accounts Brochure and all of your account
opening documents for a complete discussion of all of the terms and conditions
applicable to this mRDC Agreement, your account and your use of CityNET Online
Financial Services.
ACCEPTANCE OF TERMS
Your use of Mobile
Check Deposit constitutes your acceptance of the terms of this mRDC Agreement.
This mRDC Agreement is subject to change from time to time. We will send all
notifications of a material change by mail or secure email. Your continued use
of the service after such notification will indicate your acceptance of the
revised mRDC Agreement. Further, CNB reserves the right, in its sole
discretion, to change, modify, add or remove features or functions of the
Mobile Check Deposit Service. Your continued use of the Mobile Check Deposit Service
will indicate your acceptance of any such changes.
We reserve the right
to change, suspend or discontinue the service, in whole or in part, or your use
of the Mobile Check Deposit Service, in whole or in part, immediately and at
any time without prior notice to you. We may elect to discontinue Mobile Check
Deposit at any time. We may deny you access to Mobile Check Deposit for
inactivity if you do not make use of the service for an extended period of
time. If we choose to discontinue the service, we will make reasonable efforts
to provide you with the reasonable advance notice.
LIMITATIONS OF SERVICE
We do not guarantee
functionality of the service on all wireless communication devices. When using
the Mobile Check Deposit service, you may experience technical or other
difficulties. We are not responsible for items we do not receive or for images
that are dropped during transmission. We
cannot assume responsibility for any technical or other difficulties or any
inconvenience or losses you may experience as a result of technical or other
difficulties.
APPLICATION, ELIGIBILITY
AND DEPOSIT LIMITATIONS
By applying for the
mRDC Service, you agree to allow CNB to evaluate your account for
eligibility. To be eligible for CNB’s
mRDC Service, you must be a current CNB CityNET Online Banking customer with at
least one open and active consumer deposit account. City National Bank reserves the right to
change the qualification requirements at any time without prior notice.
Upon approval, certain
limits on dollar amounts and/or limits on the number of items per business day
you may deposit may be established for you by us (“deposit limits”). You may scan and submit check images for
deposit to your City National Bank deposit account within these deposit limits.
These deposit limits will be
communicated to you at the time you are approved for the mRDC Service. From time to time, we may establish or change
limits on the dollar amount and/or number of items you may deposit using Mobile
Check Deposit during specified time periods. If you attempt to initiate a
deposit using the Mobile Check Deposit Service in excess of these limits, we
will reject your deposit. If we permit you to make a deposit in excess of these
limits, our acceptance of such deposit will be subject to the terms of this mRDC
Agreement and we will not be obligated to allow a deposit in excess of
applicable limits at any other time.
FEES AND CHARGES
The Bank offers
the benefits and convenience of the Mobile Check Deposit Services to you at no
additional charge. The Bank reserves the right to charge fees for the services
in the future.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to use Mobile
Check Deposit Services, you must obtain and maintain, at your own expense,
compatible hardware and software as specified by CNB from time to time. You are responsible for
providing your own hardware and software to access the service. You are also
responsible for the charges of any wireless network or internet service
provider you may utilize in accessing the service.
The Bank is not
responsible for any third party software you may need to use the mRDC Services.
You agree that you will perform, or cause to be performed by properly trained
personnel, all vendor recommended maintenance, repairs, upgrades and
replacements. Unless otherwise provided
in this mRDC Agreement, you are solely responsible, at your own expense, for
purchasing, installing, operating, testing and maintaining all hardware and
software necessary to use the mRDC Service. You must install and test your
Mobile Device, your system, and any other required hardware and software before
you make your first deposit through the mRDC Service. You accept any such
software “as is” and subject to the terms and conditions of the software
agreement that you enter into directly with the third party software provider
at the time of download and installation.
ELIGIBLE CHECKS AND
ITEMS
In using Mobile Check
Deposit, you agree to scan and remotely deposit into a deposit account only
checks, as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). When the image of the check transmitted
to CNB is converted to an Image Replacement Document for subsequent presentment
and collection, it shall thereafter be deemed an "item" within the
meaning of Article 4 of the Uniform Commercial Code as adopted in
Oklahoma.
You agree that you
will NOT use Mobile Check Deposit to electronically present to CNB for deposit
any of the following items:
a.
Any check or item payable to any person or entity other
than you;
b.
Items that are drawn on your own account here at City
National Bank (either personal or business affiliated account);
c.
Any check or item containing an alteration on the front
of the check or item, or which you know or suspect, or should know or suspect,
is fraudulent or otherwise not authorized by the owner of the account on which
the check or item is drawn;
d.
Any check or item payable jointly, unless deposited
into an account in the name of all payees;
e.
Any check previously converted to a substitute check,
as defined in Reg CC;
f.
Any check drawn on a financial institution located
outside the United States;
g.
Any check that is a remotely created check, as defined
in Reg CC;
h.
Any check not payable in United States currency;
i.
Any check dated more than 6 months prior to the date of
deposit;
j.
Any check or item prohibited by City National Bank’s current
procedures relating to Mobile Check Deposit or which is not acceptable under
the terms of your City National Bank account;
k.
Any check payable on sight or payable through draft, as
defined in Reg CC;
l.
Any check not properly endorsed as specified in this mRDC
Agreement;
m. Any check that has previously been submitted through the mRDC
Service or through a remote deposit capture service offered at any other
financial institution;
USER WARRANTIES AND INDEMNIFICATION
You agree that you
will not deposit, without our prior written consent, items prohibited by this
Mobile Check Deposit Agreement, or in violation of applicable laws and/or
regulations, or “Substitute Checks” as defined by federal law or Image
Replacement Documents (as that term is defined by the Check Clearing for the
21st Century Act, also known as Check 21) that purport to be substitute checks
and have not been previously endorsed by a bank. If you deposit such an item,
you agree to reimburse us for any losses, costs and expenses we may incur
associated with warranty or indemnity claims. If you provide us with an Image
Replacement Document of a substitute check for deposit into your account
instead of an original check, you agree to reimburse us for losses, costs and
expenses we incur because the substitute check resulting from the Image
Replacement Document does not meet applicable substitute check standards and/or
causes duplicate payments.
You further warrant that,
for any check deposited using Mobile Check Deposit Services:
a.
The item is eligible for deposit using Mobile Check
Deposit;
b.
The item is not a duplicate of an item previously
deposited;
c.
You will not
re-deposit or re-present the item;
d.
All information
you provide to CNB in connection with
the item is accurate and true;
e.
You are in
compliance with this mRDC Agreement and with all applicable laws, rules and
regulations;
f.
You are not
aware of any factor which may impair the collectability of the item.
Any breach of the above warranties may
result in cancellation of the mRDC Service, CityNET Service, or closure of your
account(s).
You agree that we may debit from your
Bank account the aggregate amount of any checks that that are deposited in
violation of these warranties, and, to the extent that funds in your account
are insufficient to cover such amount, we may debit the deficiency amount from
any other of your account(s) with the Bank in our sole discretion. You further state that
you will indemnify, defend and hold City National Bank harmless from and
against all liability, damages or loss that may result from any breach of this
warranty provision or the terms and conditions of this Mobile Check Deposit
Agreement.
ENDORSEMENTS
You agree to
restrictively endorse any item transmitted through the mRDC Service as, “For Deposit Only City National Bank “or as
otherwise instructed by the Bank. You agree to follow any and all other
procedures and instructions for use of Mobile Check Deposit that City National
Bank & Trust may establish from time to time. Endorsements must be printed, on two lines,
within the endorsement box on the back of the check.
Any loss we incur from
a delay or processing error resulting from an irregular endorsement or other
markings by you will be your responsibility.
For a check payable to you and any joint owners(s) of your Bank account,
the check must be endorsed by all such payees and you may only use Mobile Check
Deposit to deposit such check into a Bank account jointly owned by all such
payees. If the check is payable to you
or your joint owner, either of you can endorse it. If the check is made payable to you and any
non-joint owner, you may NOT deposit the check into your Bank account using the
mRDC Services.
IMAGES
You shall ensure that
the images you transmit to us shall be of such quality that the following
information can clearly be read:
a.
The amount of the item
b.
The payee
c.
The drawer’s signature
d.
The date of the item
e.
The item number
f.
The information identifying the drawer and the paying bank
that is preprinted on the check, including the complete MICR line
g.
Other information placed on the item prior to the time
an image of the item is captured, such as any required identification written on the front of the item
and any endorsements applied to the back of the item; and
h.
Such other information as may be reasonably required by
City National Bank.
The legibility of the
image of an item transmitted to us shall be determined in our sole discretion.
Without limiting the foregoing, the image quality of the item must comply with
the requirements established from time to time by City National Bank, the
American National Standards Institute (ANSI), the Federal Reserve Board, and
any other regulatory agency, clearinghouse or association.
An image of an item
shall be deemed received by City National Bank when you receive via email on
your Access Device or otherwise a confirmation from City National Bank that we
have received the image. Receipt of such confirmation does not mean that the
transmission was error-free or complete or will be considered a deposit and
credited to your account. We further reserve the right to charge back to your
account at any time any item that we subsequently determine was not an eligible
item, and you agree that CNB is not liable for any loss, costs,
or fees you may incur as a result of our chargeback of an ineligible item.
Upon acceptance of an
image, we shall grant your account provisional credit, for the amount of each
image on the following business day. “Provisional credit” means that the credit
is made to your account subject to final payment of the items and subject to
the terms of the Disclosure Booklet and Consumer Deposit Account Agreement.
FUNDS AVAILABILITY
You agree that items transmitted using the
Mobile Check Deposit Services are not subject to the funds availability
requirements of Federal Reserve Board Regulation CC. In general, funds from
items deposited through Mobile Check Deposit will be available according to the
City National Bank's Funds Availability Policy, as amended from time to time.
CNB's funds availability policy is set forth in the Disclosure Booklet and is
available at any City National Bank branch for your review. If an image
of an item you transmit through Mobile Check Deposit Services is received and
accepted before 8:00
PM Central Standard Time on a business day that we are
open, we consider that day to be the day of your deposit. However, if the
deposit is made after that time, or on a day we are not open or it is not a
business day, we consider the deposit to be made the next business day.
Funds deposited using the Mobile Check Deposit Service will generally be made
available no later than three business days from the day of deposit. CNB,
in its sole discretion, may make such funds available sooner or may extend the
hold period beyond three business days based on such factors as credit
worthiness, the length and extent of your relationship with us, transaction and
experience information, and such other factors as CNB, in its sole discretion,
deems relevant.
REJECTION OF DEPOSITS
After we receive check
images and all other required deposit information from you through the Mobile
Check Deposit Services, we shall provisionally credit your designated account
for the total amount of such checks. The
provisional credit is subject to final payment of the checks and is also
subject to the provisions of CNB’s Disclosure Booklet, and other agreements referred to in the Disclosure
Booklet, including the Consumer Deposit Accounts Brochure and the account
opening documents for your account, and any subsequent amendments and updates. You agree that all
deposits received by us are subject to verification and final inspection and
may be rejected by us in our sole discretion, and you shall be liable to the
Bank for any errors, inaccuracies, breach of warranties and any other loss
sustained by, or claim made against the Bank relating to such deposits.
You agree that the
Bank is not liable for any service or late charges that may be imposed against
you due to the Bank’s rejection of any check that you transmit for deposit through the mRDC
Services. In all cases, you are responsible for any loss or overdraft plus any
applicable fees to your account due to a check being returned. You acknowledge
and agree that, while we normally provide notice of rejected deposits, we may
reject any check transmitted through the mRDC Services in our sole discretion
without notice to you, and we will not be liable for any such rejection or
failure to notify you of such rejection.
If we reject a check for remote deposit, you must physically deposit the
original check as set forth in the Deposit Contingency section below.
UNPAID CHECKS
You are solely
responsible for verifying that checks you deposit by using the Mobile Check
Deposit Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any
deposits that it is unable to process because checks were returned unpaid by
the payor financial institution. You agree to accept such notices at your email
address on file with us, but we may choose any reasonable method for providing
such notices to you. In the event that
the Bank credits your account for a check that is subsequently dishonored and
returned, you authorize the Bank to debit the amount of such check plus any
associated fees from the account. To the extent that funds in your account are
insufficient to cover such amount, we shall debit the deficiency amount from
any of your other account(s) with the Bank in our sole discretion. Our right to
charge your account(s) will apply without regard to whether the check was
timely returned or whether there is any other claim or defense that the check
was improperly returned.
You understand and
agree, that since the original check is your property, it will not be returned
and the Bank may charge back an image of the check, an ACH debit, or other
electronic or paper debit, as applicable, to your account. You further agree that any image that we
charge back may be in the form of an electronic or paper reproduction of the
original check or a substitute check.
You may not use the mRDC Service to deposit a substitute check and you
may not deposit the original check through the mRDC Service or in any other
manner if you receive a dishonored check.
You agree to comply with any additional instructions we may provide to you
in connection with returned checks.
ERROR RESOLUTION:
You agree to notify City National Bank of any suspected
errors regarding items deposited through Mobile Check Deposit immediately, and
in no event later than 60 days after the City National Bank account statement
is received or made available to you. Unless you notify us within 60 days of an
error in your statement, such statement regarding all deposits made through the
service shall be deemed correct, and you will be precluded from bringing a
claim against City National Bank for any alleged error or omission in such
statement. You agree to cooperate with us in the investigation of
unusual transactions, poor quality transmissions, and resolution of customer or
third party claims, including by providing, upon request and without
reimbursement, any originals or copies of any items deposited through Mobile Check
Deposit in your possession and your records relating to such items and
transmissions.
If you need assistance
with the service, or need to notify us of an error or suspected error in your
statement, or if you need to communicate with City National Bank for other
reasons, please contact us by:
a.
Sending a secure electronic message through your
CityNET Online Banking;
b.
Calling Customer Service at 1-866-385-3444, Monday –
Friday, 8:00 AM – 7:00 PM, Saturday, 9:00 AM – 4:00 PM, excluding federal
holidays; or
c.
Writing to us at: City National Bank & Trust, ATTN:
Error Resolution, PO Box 2009, Lawton OK 73502-2009.
DEPOSIT CONTINGENCY
In the event you
are unable to capture, balance, process, produce or transmit a file to the
Bank, or otherwise comply with the terms or the procedures in this mRDC
Agreement for any reason, including but not limited to, communications,
equipment or software outages, interruptions or failures, you will need to transport
or mail the originals of all checks to the address listed above. The deposit of
original checks at an office of the Bank shall be governed by the terms and
conditions of the applicable deposit account agreement for your account and not
by the terms of this mRDC Agreement.
STORAGE AND DISPOSAL OF TRANSMITTED ITEMS
Upon your receipt
of a confirmation from City National Bank that we have approved for deposit an
image of an item that you have submitted, you agree to prominently and
indelibly mark the item with “mobile deposit on DATE” (where DATE
is the full date you deposited the check by Mobile Check Deposit) and to properly secure the item to ensure that it is not re-presented
for payment. You agree never to re-present the item. You agree to retain the
item for at least 30 calendar days from the day on which you receive or have
access to your applicable City National Bank account statement and until any
suspected error in processing the item is resolved. During that period, you
agree to promptly provide the item, or a sufficient copy of the front and back
of the item, to CNB as requested to aid in the clearing and collection process,
to investigate suspected errors in your account statement of which you notify the
Bank, to resolve claims by third parties with respect to the item, or for the
Bank’s audit purposes. After such period, you agree to destroy the item in such
a manner as will render it incapable of further transmission, deposit, or
presentment. If you have possession of a check deposited using the Mobile Check
Deposit Service and you fail to produce the original check when requested, you
authorize us to deduct that amount from your account.
AUTHENTICATION METHOD
You agree that we
are entitled to act upon instructions we receive with respect to the mRDC Services
and your CityNET account under your user ID, password, test key or other code
or authentication method that we require (these components are referred to
herein collectively as your “Authentication Method”). You are liable for all
transactions made or authorized with the use of your Authentication Method. We
have no responsibility for establishing the identity of any person who uses
your Authentication Method. You agree that if you give any component of your
Authentication Method to anyone or fail to safeguard its secrecy, you will be
in violation of your obligations under this Mobile Check Deposit Services Agreement.
You agree to take appropriate steps to ensure that all components of your
Authentication Method are protected and kept confidential. You agree to indemnify and release us from
any and all liability, and agree not to make any claim or bring any action
against us, relating to our honoring or allowing any actions or transactions
that are conducted under your Authentication Method or acting upon
instructions, messages or authorizations provided to us using your
Authentication Method.
By accessing the Mobile
Check Deposit Service and CityNET with your Authentication Method, you
authorize us to complete the requested transaction(s) through the services. Any
requests or instructions we receive from you through the mRDC Services and
CityNET using your Authentication Method shall be considered “in writing” under
all applicable law and shall have the same force and legal effect as a writing
signed by you. This includes, but is not limited to, inquiries, deposit
transactions, checks deposited, check images, changes to accounts or services
or any other communication you provide us through the mRDC Services and CityNET
using your Authentication Method.
SECURITY
You will complete
each deposit promptly. If you are unable to complete your deposit promptly, you
will ensure that your Mobile Device remains securely in your possession until
the deposit has been completed. It is your responsibility to establish and
maintain procedures to safeguard against unauthorized deposits. You will notify
us immediately by telephone at 1-866-385-3444 and with written notice at City
National Bank & Trust, Attn: PO Box 2009, Lawton OK 73502-2009, if you
learn of any loss or theft of original checks. You will ensure the safety and
integrity of original checks from the time of receipt until the time of
destruction. If warranted in our reasonable judgment, we may audit and monitor
you, and you agree to cooperate with us to permit such monitoring, to confirm
that you have satisfied your obligations under this mRDC Agreement.
You acknowledge
that you understand that the hardware and software you use to access Mobile
Check Deposit Services may, at any time, be subject to unauthorized tracking,
interception, corruption, diversion or other manipulation by malware, spyware
or other malicious code. CNB is not responsible for detecting the existence of
any such malicious code, or for advising you of its existence or potential
effects even if we become aware of it, and your use of your hardware and
software to access CNB’s Mobile Check Deposit Services is at your sole risk and
expense. We reserve the right at all times and without advance notice to you to
take actions to protect our systems and information, including denying you use
of Mobile Check Deposit.
You agree that all
images and files transmitted to us through the mRDC Service will contain no
viruses or any other disabling features that may have an adverse impact on our
network, data, or related systems. We
are not responsible for, and you release us from, any and all claims or damages
resulting from, or related to, any computer virus or related problems that may
be associated with using mRDC Service, CityNET, e-mail or the Internet.
TERMINATION
City National Bank
may terminate this mRDC Agreement and your access to Online Financial Services
through CityNET, in whole or in part, at any time. This mRDC Agreement will remain in full force
and effect unless and until it is terminated by us. Without limiting the foregoing, this mRDC
Agreement may be terminated if you breach any term of this mRDC Agreement or
the CityNET Agreement, if you use the mRDC Services for any unauthorized or
illegal purpose or if you use the mRDC Services in a manner inconsistent with
the terms of this mRDC Agreement, the CityNET Online Services Agreement, the
Consumer Disclosures or any other agreement with us. You may withdraw your consent at any time by
contacting us and/or discontinuing your use of CityNET. Your continued use of
Mobile Check Deposit will be additional evidence of your agreement to the terms
of this mRDC Agreement.
ADDITIONAL TERMS AND
CONDITIONS
Intellectual Property
Rights: You agree that City National Bank retains all
ownership and proprietary rights in the mRDC Services, associated content,
technology, and website(s). Your use of
the mRDC Services is subject to and conditioned upon your complete compliance
with this mRDC Agreement and the CityNET Online Financial Services
Agreement. Without limiting the
restriction of the foregoing, any breach of your agreement with CNB for the use
of Mobile Check Deposit Services immediately terminates your right to use the
mRDC Services. Additionally, without
limiting the restriction of the foregoing, you may not use the mRDC Services
(i) in any anti-competitive manner, (ii) for any purpose which would be
contrary to CNB’s business interest, or (iii) to CNB’s actual or potential
economic disadvantage in any respect. You
may use the mRDC Services only for non-business, personal use in accordance
with this mRDC Agreement.
Other Agreements: In addition to this
Mobile Check Deposit Agreement, you agree to be bound by, and will comply with,
the Bank’s rules and regulations, the rules and regulations of any funds
transfer system to which the Bank belongs, and applicable state and federal
laws and regulations, as well as the requirements of the other agreements,
documents and disclosures that relate to your accounts at City National Bank,
including but not limited to the CityNET Online Banking Agreement, Consumer
Deposit Account Agreement and Disclosure (“Disclosure Booklet”), and the other
agreements referred to in the Disclosure Booklet, including the Consumer
Deposit Accounts Brochure and the account opening documents for your account,
and including any subsequent amendments and updates, all of which make up the
contract between you and City National Bank that governs your account. In the
event there is a conflict between the terms of this Mobile Check Deposit Agreement, the CityNET Consumer Online Banking Agreement
and the Consumer Deposit Account Agreement and Disclosure booklet, the terms of
the Disclosure Booklet shall control.
Other Terms: You
may not assign this mRDC Agreement. This mRDC Agreement shall be governed by
the laws of the State of Oklahoma. If any provision of this mRDC
Agreement is found to be void or invalid, the remainder of this Agreement will
remain in full force and effect.
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 MOBILE CHECK DEPOSIT 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 WARRANT THAT THE SERVICES (i) WILL
MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE
ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE
CORRECTED.
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
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