Consumer Deposit Capture User Agreement ("Agreement")
This Agreement contains the terms and conditions for the use of Community Bank of Broward's Mobile Banking App and Mobile Capture Service that Community Bank of Broward or its affiliates ("Community Bank", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with Community Bank of Broward, including the Depository Agreement and Disclosures governing your Community Bank of Broward account, are incorporated by reference and made a part of this Agreement.
1. Service. The Mobile Capture Service is designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations and deliver the images and associated deposit information to Community Bank of Broward or Community Bank of Broward's designated processor.
2. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time, we will notify you of any material changes via US mail. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, Community Bank of Broward reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
3. Limitations of Service. When using the Service, 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 Service has qualification requirements, and we reserve the right to change the qualifications referenced in Section 4 through Section 11 at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
4. Eligible items. You will deposit only checks and other items acceptable in form and substance to Community Bank of Broward, in its sole discretion. The image of the check transmitted to Community Bank of Broward is an item that Community Bank of Broward is able to process for collection or payment. You will not use the Service to deposit any of the following checks or other items:
5. Image Quality. The image of an item transmitted to Community Bank of Broward using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Customer shall also capture and transmit to the bank the full-field MICR encoded on the check
6. Endorsements and Procedures. You agree to endorse any item transmitted through the Mobile Capture Service. You agree to follow any and all other procedures and instructions for use of the Mobile Capture Service as Community Bank of Broward may establish from time to time.
7. Receipt of Items. We reserve the right to reject any item transmitted through the Service, 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 Community Bank of Broward that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
8. Availability of Funds. Items presented for deposit through this Service are available to you on the second business day after the day we receive your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit after 4:00 p.m. EST or on a day we are not open, we will consider that the deposit made through this Service was made on the next business day we are open. Community Bank of Broward reserves the right to apply longer delays to items deposited through this Service at our discretion.
9. Disposal of Transmitted Items. Upon your receipt of a confirmation from Community Bank of Broward that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID". Customer shall securely store each original Check for a period of sixty (60) days after Customer has received notice from Bank that the check has been processed. During the sixty (60) day period, Customer shall take appropriate security measures to ensure that the check is in a safe place, that the information contained on the Check shall not be disclosed, and that the original Check will not be duplicated, scanned more than one time, or deposited or negotiated in any form. Customer shall destroy the original Check by shredding the Check (or by another commercially reasonable method approved by Bank) upon the expiration of the sixty (60) day period.
10. Deposit Limits. We reserve the right to impose Deposit limits on the deposits that you transmit using the Service and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit; if we permit you to make deposits in excess of the daily deposit limit, such deposits will still be subject to this Agreement. The current Daily Deposit Limit is $1,500.00 per consumer; the monthly Deposit Limit is $10,000.00 per consumer. If you exceed these limits, you may be subject to Mobile Capture being discontinued from your Mobile Banking Application without prior notice.
11. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Community Bank of Broward from time to time. See Community BankofBroward.com for current hardware and software specifications. Community Bank of Broward is not responsible for any third party software you may need to use the Service. 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 Community Bank of Broward of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable Community Bank of Broward account statement is sent. Unless you notify Community Bank of Broward within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Community Bank of Broward for such alleged error.
13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Community Bank of Broward's sole discretion subject to the Depository Agreement and Disclosures governing your account.
14. Ownership & License. You agree that Community Bank of Broward retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service 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 Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Community Bank of Broward's business interest, or (iii) to Community Bank of Broward's actual or potential economic disadvantage in any aspect. You may use the Service 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 Service.
15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE 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 SERVICE, 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 SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE 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 SERVICE 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 SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF COMMUNITY BANK OF BROWARD HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
17. User warranties and indemnification. You warrant to Community Bank of Broward that:
You agree to indemnify and hold harmless Community Bank of Broward from any loss for breach of this warranty provision.
18. Other terms. You may not assign this Agreement. This Agreement is entered into in Broward County, Florida, and shall be governed by the laws of the State of Florida 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.