Terms & Conditions. By participating in Mobile Banking, you are agreeing to the terms and conditions presented here. This Mobile Banking Addendum to the OnLine Bank Agreement of The Middlefield Banking Company governs your use of and The Middlefield Banking Company’s provision to you of The Middlefield Banking Company’s Mobile Banking services, as defined below. The terms “you” and “your” refer to the Customer entering into this Mobile Banking Addendum for Mobile Banking Services with The Middlefield Banking Company. The Middlefield Banking Company may be referred to in this Mobile Banking Addendum as “we” or “us.” The term “Mobile Banking” means any service or services that we provide and that you subscribe to enabling you to make banking or other financial transactions with The Middlefield Banking Company through your Mobile Device. The term “Mobile Device” means a supportable mobile device, including a cellular telephone or other device that is web-enabled and that allows secure SSL traffic that is also capable of receiving text (SMS) messaging, Wireless Application Protocol (WAP), or other protocols that we select or approve. The term “OnLine Bank Agreement” means the OnLine Bank Agreement that you accepted when you enrolled in The Middlefield Banking Company’s EasyLink Online Banking program, as that OnLine Bank Agreement has been or may hereafter be amended from time to time. This Mobile Banking Addendum is a part of the OnLine Bank Agreement. Capitalized terms that are not defined in this Mobile Banking Addendum are defined in your OnLine Bank Agreement.
You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including but not limited to your mobile service carrier or provider (for example, AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, etc.), and that this Mobile Banking Addendum does not amend or supersede any of those agreements. You understand that those agreements may impose costs, limitations, and restrictions affecting your use of Mobile Banking. For example, your mobile service carrier or provider could impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Mobile Banking software, receiving or sending Mobile Banking text messages, or other use of your Mobile Device when using the Mobile Banking software or other products and services provided by Mobile Banking. You agree to be solely responsible for all of those costs, limitations, and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
If you wish to enroll for and use Mobile Banking, you must both (x) consent to receive notices and disclosures electronically, and (y) read and accept this Mobile Banking Addendum, doing so by selecting the box declaring your acceptance at the time you enroll to receive your Mobile Banking activation code. In addition, you are deemed to automatically renew that consent and acceptance each time you log in as a user of The Middlefield Banking Company’s Mobile Banking and use Mobile Banking to conduct any transaction. This Mobile Banking Addendum can also be viewed within the EasyLink Online Banking Program at https://www.middlefieldbank.bank/online/online1f.asp
We may elect to discontinue Mobile Banking at any time and we may elect at any time to discontinue any of the services that we provide through Mobile Banking. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice.
Your Consent to Electronic Delivery of Notices and Disclosures. By accepting this Mobile Banking Addendum, you consent to receiving notices and disclosures concerning Mobile Banking, OnLine Banking, and your enrolled accounts electronically, including by email or text message. You must enter your electronic address for these disclosures and notices when first subscribing to Mobile Banking. You are solely responsible for immediately updating your electronic address if it changes. You must update your electronic address by logging into Mobile Banking, going to the page for managing your Mobile Banking account, and entering your new electronic address. All disclosures and notices by us shall be deemed given and received by you if sent to the electronic address you have most recently provided. Many disclosures and notices may also appear in your account statement. Unless specifically required by law, we are not required to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. If you withdraw our right to provide you with electronic communications as described in this section, we may terminate your Mobile Banking.
To retain notices and disclosures that are sent electronically to you, you must be able to save them to your mobile device or computer or to print them. You can request a paper copy of an electronic notice or disclosure at no additional charge by calling the Electronic Banking Department at 1-888-801-1666.
MOBILE BANKING SERVICE GENERALLY
We endeavor to provide you with superior Mobile Banking services. To use Mobile Banking, your phone or other mobile communication device must be Internet enabled, able to receive SMS text messages, and connected to the Internet through your mobile communication service provider. To use Mobile Banking, you must first be enrolled in EasyLink OnLine Banking with The Middlefield Banking Company and then subscribe to Mobile Banking. The same credentials (Login ID and Password) that are in place for your OnLine Banking service apply to Mobile Banking.
- Mobile Banking Functions. You may select Mobile Banking functions at any time by logging into Mobile Banking. Mobile Banking functions include viewing balances, searching for transactions, viewing transactions, specific types of funds transfers, and other functions. We may add, reduce, or modify Mobile Banking functions from time to time without advance notice. We may also modify, reduce, or expand the geographic areas in which we offer Mobile Banking or any of its functions or services. We reserve the right to refuse to make any transaction you request through Mobile Banking. Not all functions that are described in your EasyLink OnLine Bank Agreement or available at the OnLine Banking website are available with Mobile Banking. For example, you may not transfer to or from an account at another financial institution using Mobile Banking. All terms and conditions in your OnLine Bank Agreement and on the OnLine Banking website that limit or govern your use of OnLine Banking functions will also limit and govern your use of those functions through Mobile Banking.
- Mobile Banking Service Availability. We will use reasonable efforts to make Mobile Banking service available for use. We do not guarantee functionality of Mobile Banking on all Mobile Devices, we do not guarantee functionality of any specific software that we provide for Mobile Banking, and we do not guarantee functionality on all communication networks, in all geographic regions, or at all times. Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance. We will seek to schedule maintenance for non-peak hours, but we may conduct maintenance at any time. In addition, your access to the Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish Mobile Banking service when this occurs, but we cannot guarantee the Mobile Banking service will always be available for your use. For reasons outside of the reasonable control of The Middlefield Banking Company or any service provider, Mobile Banking and any software you may obtain from Mobile Banking might be unavailable at any time. In the case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks.
- Fees Charged by The Middlefield Banking Company. We currently do not charge fees for subscribing to or using Mobile Banking. However, we may assess fees (x) as described in the applicable product or account disclosure statement or fee schedule (including applicable transfer fees), or (y) for products and services purchased online. We reserve the right to institute or change fees for Mobile Banking, but if we do that we will first send notice to you. See the section captioned “Changes in Fees and Other Terms.”
- Mobile Device Requirements. Your mobile carrier may charge you for Internet- related use and text (SMS) messages, so please see your mobile carrier for further details about these charges. To take advantage of our Mobile Banking service, you are responsible for providing your own Mobile Device. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code. We are not responsible for advising you of the existence or potential effect of malicious code. Your use of your hardware and software is at your own risk. You are responsible for all fees and charges that you may incur to any mobile communication service provider or other third parties while using Mobile Banking. We are not a party to your mobile communication service agreement and we have no duty, liability, or responsibility for that agreement or for any Mobile Device, hardware, software, or other any product or service that you purchase relating to your use of Mobile Banking.
- Mobile Banking License Rights. Mobile Banking users must download, install, and use software systems and programs developed by us, by our licensors, or by other third-parties. We are not responsible for any resulting damage to your Mobile Device. You download, install, and use those systems and programs at your own risk. We and our licensors or other third parties who have directly or indirectly granted rights in those software systems and programs for Mobile Banking will require you to agree to the terms and conditions of license rights arrangements and/or “end user” license agreements. By subscribing to the portions of the Mobile Banking services relating to those software systems and programs and downloading and installing those software systems and programs, you accept the terms and conditions of those arrangements and agreements. We may also condition your use of some or all of those software rights and programs on your execution of, agreement to, or acknowledgment of those arrangements and agreements through the use of “I Accept” dialogue box acknowledgements or other affirmative or use-based acknowledgement and agreement systems. We and our service providers (which includes, without limitation, any third party provider of software used in connection with Mobile Banking) reserve all rights not granted to you in this Mobile Banking Addendum and under the terms of those arrangements and agreements. If you obtain a different Mobile Device, you must download and install the software to that different Mobile Device under the same terms set forth in this Mobile Banking Addendum, including the provisions of this paragraph.
You agree to delete all such software from your Mobile Device promptly if the license rights granted in this Mobile Banking Addendum terminate for any reason. We reserve the right to change, add to, or terminate services with our third-party software solutions partners, to substitute different software solutions for the software relating to the operation of Mobile Banking, and to enter into arrangements and agreements for the provision of software solutions for Mobile Banking with other licensors and third-parties.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS MOBILE BANKING ADDENDUM OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING, MOBILE BANKING AND MOBILE BANKING SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY, OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH MOBILE BANKING IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
- Your Responsibilities. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information to which you may gain access through Mobile Banking. You represent and agree that all information you provide to us for your use of Mobile Banking is accurate, current, and complete and that you have the right to provide that 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 account information current and accurate. You represent that you are an authorized user of the Mobile Device you will use to gain access to Mobile Banking.
Device and Product Knowledge. You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so, and you accept responsibility to use Mobile Banking in accordance with the online instructions posted on our website. You also accept responsibility to know how to properly use your Mobile Device and the Mobile Banking software. We may change or upgrade Mobile Banking from time to time. If we make changes or upgrades, you must make sure that you understand how to use the changed or upgraded Mobile Banking. We will not be liable to you for any losses caused by your failure to use Mobile Banking or your Mobile Device properly. From time to time we may develop additional Mobile Banking services or functions. When developed, you will have the opportunity to add those services and functions to your Mobile Banking service, provided you have a compatible Mobile Device.
User Security. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking. You agree to log off immediately at the completion of each Mobile Banking session. You agree not to provide your username, password, or other access information to an unauthorized person. You understand that a Mobile Device may be less secure than a personal computer with standard anti-virus and security software, such as a desktop computer, and that connecting to the Internet with your Mobile Device by a public wireless local area network exposes the security of your Mobile Device and potentially the security of your account to compromise. If you permit other persons to use your Mobile Device, login information, or other access to your Mobile Banking services, you will be responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your account.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Using Mobile Banking from locations outside of the United States is at your own risk.
User Conduct. In addition to and not in limitation of any other provisions included in this Mobile Banking Addendum or the OnLine Bank Agreement or your deposit account agreement, you agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would (1) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Mobile Banking software, (2) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity, (3) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), (4) be false, misleading or inaccurate, (5) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers, (6) be defamatory, libelous, unlawfully threatening or unlawfully harassing, (7) potentially be perceived as illegal, offensive or objectionable; (8) interfere with or disrupt computer networks connected to Mobile Banking, (9) interfere with or disrupt the use of Mobile Banking by any other user, or (10) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
- Additional Terms and Conditions. This Mobile Banking Addendum is an addendum to your EasyLink OnLine Bank Agreement. Your use of Mobile Banking is subject to the terms and conditions of your OnLine Bank Agreement, as amended from time to time, and your other agreements with us and our affiliates. Without limitation, this Mobile Banking Addendum is subject to your OnLine Bank Agreement’s provisions regarding limitations on your liability for unauthorized transfers, contacting us concerning questions or errors, disclaimers of warranties, limitations on our liability, indemnity, amendments, dispute resolution, and definitions. If there is a specific conflict between this Mobile Banking Addendum and the terms of the OnLine Bank Agreement, the terms of this Mobile Banking Addendum will govern. Each account through which you conduct a transaction using Mobile Banking or to which you gain access using Mobile Banking is subject to the terms and conditions of that account’s Account Agreement.
You agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers for your Mobile Device, such as your service carrier or provider, and that you are subject to any fees, costs, other charges, limitations, or restrictions imposed by those parties under your agreements with them. This Mobile Banking Addendum does not amend or supersede any of those agreements. Your mobile service carrier or provider is responsible for its products and services, and you agree to resolve any problems with your carrier or provider directly, without involving us.
- Changes in Fees and Other Terms. We may change this Mobile Banking Addendum at any time by sending notice as described in your OnLine Bank Agreement. However, this Mobile Banking Addendum governs our right to provide you with that notice electronically. You may choose to accept or decline the change. By continuing to use any Mobile Banking service to which a notice relates, you are deemed to accept the changes relating to that service. Changes to fees applicable to a specific account are also governed by the applicable Account Agreement(s) and any interest or fee schedules pertaining to your account.
- Lost or Stolen Mobile Device or Password; Unauthorized Transfers. If you believe your Mobile Device, user name (Login ID), password, or other approved access device is lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at 1-888-801-1666. For a description of your and The Middlefield Banking Company’s responsibilities and liability for unauthorized transactions, review the appropriate sections of your account’s Deposit Agreement.
- In Case of Errors or Questions about Your Account. Please contact our Electronic Banking Customer Service Center at 1-888-801-1666 about any errors in or questions about your transfers. Refer to your account’s Deposit Agreement for a description of how errors and questions on funds transfers are processed.
To contact us by mail, please use the following address:
The Middlefield Banking Company
Electronic Banking Department ATTN: Mobile Banking Support
P.O. Box 35
Middlefield, Ohio 44062
- Transfers. A federal regulation limits the number of transfers that may be made from savings and money market accounts. Federal regulation prohibits you making more than a total of six transfers each month to other accounts from a savings or money market account (including transfers to another account for overdraft protection) or to third parties each month by check, through point-of-sale purchase transactions with a banking card, by preauthorized or automatic agreements, telephone, or online. See your deposit account agreement for more information. Other limits may apply to your account. Excessive transactions may result in changing your money market or savings account to a checking account.
- Privacy and User Information. You acknowledge that The Middlefield Banking Company and its affiliates and its service providers, including Fiserv, Inc. and its affiliates, may receive 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 your use of Mobile Banking or the Mobile Banking software. The Middlefield Banking Company 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 Mobile Banking 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. The Middlefield Banking Company and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Mobile Banking 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.
ADDITIONAL TERMS FOR REMOTE DEPOSIT CAPTURE
- Remote check imaging service. One of the services that The Middlefield Banking Company may offer is remote deposit capture, which will allow you to deposit checks to your designated eligible accounts using the Mobile Banking software, taking advantage of The Check Clearing for the 21st Century Act and its regulations (collectively “Check 21"). The Mobile Remote Deposit Capture service will enable you to use a compatible handheld device to scan an image of original paper checks (“Original Checks”) that are drawn on or payable through United States financial institutions (each a “Check Image”) and to electronically submit the Check Image and associated deposit information to The Middlefield Banking Company from your home or other remote locations using the Mobile Banking software for deposit into a designated eligible account for collection thereafter by The Middlefield Banking Company. A Check Image submitted to The Middlefield Banking Company electronically for deposit is not deemed received until The Middlefield Banking Company accepts and confirms receipt of your Check Image deposit.
- Requirements and limitations. Your use of the Mobile Remote Deposit Capture service will be subject to special requirements:
- to access the Mobile Remote Deposit Capture service you must have or acquire and maintain a compatible handheld device and a wireless plan from a compatible wireless carrier
- enrollment for and access to the Remote Deposit Capture service is not guaranteed. You will have access to and qualify for the Mobile Remote Deposit Capture service if and only if you are approved by The Middlefield Banking Company for the Mobile Remote Deposit Capture service. The Middlefield Banking Company reserves the right to deny an account holder’s enrollment for the Mobile Remote Deposit Capture service, to terminate an account holder’s access to and enrollment for the Mobile Remote Deposit Capture service, and to make access to and enrollment for the Remote Deposit Capture service conditional on the account holder providing to The Middlefield Banking Company such information as The Middlefield Banking Company may reasonably request, including information about risk management information and operational controls and insurance and including in the case of a business account access to the customer’s location and personnel for purposes of The Middlefield Banking Company’s risk assessment
- you may scan and submit Check Images for deposit to The Middlefield Banking Company within the dollar limits (“Deposit Limits”) established for you by The Middlefield Banking Company. The Middlefield Banking Company reserves the right to limit the frequency and dollar amount of deposits submitted through the Mobile Remote Deposit Capture Service. If you exceed the Deposit Limits established for you, The Middlefield Banking Company may in its sole discretion accept or refuse the Check Image deposit. If at any time The Middlefield Banking Company accepts a Check Image deposit that exceeds your Deposit Limits, The Middlefield Banking Company will have no obligation to do so again in the future. The Middlefield Banking Company may at any time at its sole discretion raise or lower your Deposit Limits.
- by requesting access to the Mobile Remote Deposit Capture service, you authorize The Middlefield Banking Company to provide you with access to all of the eligible accounts you designate to participate in the Mobile Remote Deposit Capture service. The following account types are currently eligible for the Mobile Remote Deposit Capture Service: checking, savings, and money market accounts.
- Cut-off time. Scanning and submitting Check Image deposits does not constitute receipt of the deposit by The Middlefield Banking Company. Generally, Check Image deposits received prior to 5:00 p.m., Eastern Time are processed on the business day of receipt. Any Check Image deposit received after this time or on Saturdays, Sundays, and holidays when The Middlefield Banking Company is closed will be processed on The Middlefield Banking Company’s next business day. Acknowledgment that your Check Image deposit has been received by The Middlefield Banking Company does not mean that the Check Image deposit was received error free.
- Verifying your deposit; service interruption. The Middlefield Banking Company will acknowledge receipt of your Check Image deposit submitted through the Mobile Remote Deposit Capture service and notify you if a Check Image is not eligible for deposit or is rejected in whole or in part. The ability of The Middlefield Banking Company to provide the Mobile Remote Deposit Capture service is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and The Middlefield Banking Company’s response. The Middlefield Banking Company shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Mobile Remote Deposit Capture service, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within The Middlefield Banking Company’s control. You may verify receipt and the amount of your Check Image deposit credited to your account by reviewing your statement online or by calling The Middlefield Banking Company telephone banking number.
- Check requirements. You agree that you will use the Mobile Remote Deposit Capture service to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with The Middlefield Banking Company. All other items may be deposited by alternate methods such as in person or by mail including a completed account deposit slip.
- Ineligible Check Images. You understand that The Middlefield Banking Company is not obligated to accept for deposit any Check Image that The Middlefield Banking Company in its sole discretion determines to be ineligible for the Mobile Remote Deposit Capture service. Ineligible items include Check Images of checks that –
- are drawn on banks located outside the United States,
- are illegible,
- are images of checks previously converted to Substitute Checks (as defined by Check 21),
- are payable to others,
- are not dated, are postdated, or are more than six months old,
- are payable to cash or to The Middlefield Banking Company,
- are traveler’s checks, or
- exceed your Deposit Limit.
The quality of any Check Image must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if The Middlefield Banking Company does not identify a Check Image as ineligible, the Check Image may be returned to The Middlefield Banking Company because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. The Middlefield Banking Company’s failure to identify a Check Image you transmit to The Middlefield Banking Company as ineligible shall not preclude or limit your obligations.
- Original Checks to be destroyed. You shall fully destroy each Original Check in your Check Image deposit 14 days after receipt and crediting of your Check Image deposit or as The Middlefield Banking Company may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You understand each Original Check must be fully destroyed after any retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused after submission by Check Image deposit and its full destruction. After submitting a Check Image, mark the Original Check “ELECTRONICALLY PRESENTED.”
- Representations and warranties. You make the following representations and warranties:
- you shall not alter any Original Check or Check Image and you shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image
- you shall submit to The Middlefield Banking Company only Check Images that are suitable for processing, including but not limited to Check Images that are legible and that contain machine-readable MICR data
- you shall destroy the Original Checks as stated above
- you shall not submit to The Middlefield Banking Company or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your account with The Middlefield Banking Company or has previously been submitted to and accepted by any other person or entity for deposit
- you shall not deposit into your account with The Middlefield Banking Company or any other deposit-taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to The Middlefield Banking Company, unless after receipt of your submission The Middlefield Banking Company notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn
- you shall indemnify, defend, and hold harmless The Middlefield Banking Company and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties for any Check Image, Substitute Check, or Original Check processed through the Mobile Remote Deposit Capture service as described above. You shall use the Mobile Remote Deposit Capture service solely for your own personal, home office, or business use in accordance with the terms of this Mobile Banking Addendum. You shall not make the Mobile Remote Deposit Capture service available or transfer your rights to use the Mobile Remote Deposit Capture service for the benefit of any third party.
- Business Accounts. The following additional provisions are applicable to Business Accounts, meaning accounts of sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not consumer accounts and that are not maintained primarily for personal, family, or household purposes –
- for Business Accounts using the Mobile Remote Deposit Capture Service, The Middlefield Banking Company is not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential, exemplary, economic, or otherwise, caused by the Mobile Remote Deposit Capture service or the use of the Mobile Remote Deposit Capture service, except as otherwise expressly provided for in this Mobile Banking Addendum or by applicable law. By using the Mobile Remote Deposit Capture service for a Business Account, you are responsible for any unauthorized use of the Mobile Remote Deposit Capture service and for any loss or damages incurred because of unauthorized access to the Business Account
- if your deposit activity through the Mobile Remote Deposit Capture service exceeds your Deposit Limits, The Middlefield Banking Company reserves the right to disable your access to the Mobile Remote Deposit Capture service and provide you with information on other business banking electronic deposit options that may be available to you
- if any person authorized access through the Mobile Remote Deposit Capture service to conduct transactions on any Business Account is no longer authorized, it is your responsibility to notify The Middlefield Banking Company. The Middlefield Banking Company shall not be liable or responsible to you for any transactions conducted on a Business Account by any person whose authority to conduct transactions is no longer in effect until The Middlefield Banking Company is expressly notified.
- Fees and charges. All fees and charges related to any account you access with the Mobile Remote Deposit Capture service as stated in the applicable Fee Schedule for the account will remain in effect when using the Mobile Remote Deposit Capture service. The monthly fees and charges, if any, for the use of the Mobile Remote Deposit Capture Service are contained in the applicable Fee Schedule.
- Disclaimer of warranties. YOU AGREE THAT YOUR USE OF THE MOBILE REMOTE DEPOSIT CAPTURE 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. THE MIDDLEFIELD BANKING COMPANY DISCLAIMS 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. THE MIDDLEFIELD BANKING COMPANY MAKES NO WARRANTY THAT THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE (1) WILL SATISFY YOUR REQUIREMENTS, (2) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THAT THE RESULTS OBTAINED FROM THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE WILL BE ACCURATE OR RELIABLE, OR (4) THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. THE MIDDLEFIELD BANKING COMPANY WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF THE MIDDLEFIELD BANKING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Consent to electronic delivery. You agree that The Middlefield Banking Company may provide you with all disclosures, notices, and other communications about the Mobile Remote Deposit Capture service and any future amendments or changes or additions to this Mobile Bank Addendum in electronic form. The Middlefield Banking Company will provide all future updates to the Mobile Banking Addendum by posting the updated Mobile Banking Addendum on the Website. At your request, The Middlefield Banking Company agrees to provide you with a paper copy of this Mobile Banking Addendum. You may request paper copies of this Mobile Banking Addendum by calling a Client Service Specialist at 1-888-801-1666. Your consent to receive notices and updates in electronic form only will apply for as long as you use the Mobile Remote Deposit Capture service. You may withdraw your consent at any time by choosing to cancel the Mobile Remote Deposit Capture service. The Middlefield Banking Company may amend or change the terms and conditions stated in this Mobile Banking Addendum (including changes in the fees and charges hereunder) by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Amendments may include adding new terms or conditions and deleting existing terms and conditions. Prior notice need not be given if an immediate change in terms or conditions is necessary to maintain or restore the security of the Mobile Remote Deposit Capture service or the safety of The Middlefield Banking Company’s relationship with you or if the change is otherwise required immediately by law or applicable regulation, but The Middlefield Banking Company will thereafter promptly advise you of the change in writing.