Mobile Banking Agreement

<p><strong>CHEVRON FEDERAL CREDIT UNION</strong></p>
<p><strong>MOBILE BANKING SERVICE AGREEMENT</strong></p>
<p>In this Mobile Banking Service Agreement ("Agreement"), the words "we," "our," "us" and “Credit Union” mean Chevron Federal Credit Union and the words "you" and "your" mean the person who applied for and/or uses any of the mobile banking services ("Mobile Banking" or the “Mobile Banking Service”) described in this Agreement to remotely access your account information.</p>
<p><strong>Use of the Mobile Banking Service.</strong> Mobile Banking is a personal financial information management service that allows you to access your Credit Union account information, products and services similar to PC Access online banking and engage in such other financial transactions as more fully set forth in your Master Account Agreement and Disclosure using compatible and supported mobile devices. All features and services available through PC Access are not available via Mobile Banking. By accessing Mobile Banking, you agree to comply with the terms and conditions of this Agreement.</p>
<p>We reserve the right to: (a) limit the types and number of accounts eligible for Mobile Banking; and (b) refuse to process any transaction you request through Mobile Banking; and (c) modify the scope of the Mobile Banking Service at any time.</p>
<p>You understand and agree that Mobile Banking may not be accessible or may have limited utility over some network carriers, such as while roaming. In addition, the Mobile Banking Service may not be supportable for all mobile devices. The Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as (but not limited to) data outages or "out of range" issues.</p>
<p><strong>Minimum Mobile Communication Device Requirements.</strong> To use the Mobile Banking Service, you must be registered to use the Mobile Banking Service and have a valid Account Number/User ID and Password/ID. You must also have a mobile device with a service plan that includes text messaging and data and internet access with Secure Socket Layer (SSL) capability. Third party fees may apply for data and internet access and text messaging. Contact your mobile device provider for additional information.</p>
<p><strong>Types of Available Transactions. </strong>You may use Mobile Banking to perform the following transactions:</p>
<ul>
<li>Transfers between your Credit Union accounts.</li>
<li>Transfers between your Credit Union accounts and your accounts at other financial institutions.</li>
<li>Transfers between your Credit Union accounts and other members' accounts at the Credit Union.</li>
<li>Person-to-person transfers/payments.</li>
<li>Make account inquiries.</li>
<li>View account histories.</li>
<li>Transfers from your Savings or Checking account to make Credit Union loan payments.</li>
<li>Deposit paper checks using Mobile Deposit.</li>
<li>Schedule and review bill payments through Bill Payer.</li>
<li>Find ATM and branch locations.</li>
<li>View Credit Union and mobile application FAQs.</li>
<li>View general Credit Union information.</li>
</ul>
<p><strong>Mobile Banking Limitations. </strong>Mobile Banking cannot be used to:</p>
<ul>
<li>Create new payees for Bill Payer.</li>
</ul>
<p><strong>Representations and Warranties</strong>. When you use Mobile Banking to access your accounts, you make the following representations and warranties to us:</p>
<ul>
<li>You are the legal owner of the accounts and other financial information which may be accessed using Mobile Banking.</li>
<li>All information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.</li>
<li>You are an authorized user of the mobile device you will use to access Mobile Banking.</li>
<li>You will not copy, reproduce, distribute, or create derivative works from any content delivered to you through Mobile Banking. You will not reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any software or other mobile phone applications associated with Mobile Banking.</li>
<li>You will not use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) 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; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) 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; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.</li>
<li>You will use the Mobile Banking Service for personal use only.</li>
<li>Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us and our service providers harmless from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your improper use of Mobile Banking or your breach of any representation or warranty in this Agreement.</li>
<li>You will not give or make available your Mobile Banking Personal Identification Number (the “PIN”) or other means to access your account to any unauthorized individuals. You are responsible for transfers or other transactions you authorize using Mobile Banking. If you permit other persons to use your mobile device and PIN or other means to access Mobile Banking, you are responsible for any transactions they authorize.</li>
</ul>
<p><strong>Mobile Banking Unavailability.</strong> You understand and agree that Mobile Banking may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and Internet software. In the event that Mobile Banking is unavailable, you may conduct transactions via PC Access Online Banking, at our branches, or through our ATMs.</p>
<p><strong>Security. </strong>Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so. You also accept responsibility for making sure that you know how to properly use your mobile device. You agree that you will not install software onto your mobile device that you are not familiar with or have not read the terms and conditions for that software. You agree to download mobile security software updates when available. In the event we change or upgrade the Mobile Banking Service, you are responsible for making sure that you understand how to use Mobile Banking as changed or upgraded. 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 and to log off immediately at the completion of each access by you. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device</p>
<p><strong>Conduct</strong>. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would be considered illegal.</p>
<p><strong>Charges for Use of Mobile Banking.</strong> Any charges associated with Mobile Banking are disclosed in the Schedule of Fees and Charges which was previously provided to you.</p>
<p><strong>DISCLAIMER OF WARRANTIES.</strong> YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE BANKING 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 MOBILE BANKING 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 MOBILE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE MOBILE BANKING SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE MOBILE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.</p>
<p><strong>LIMITATION OF LIABILITY.</strong> YOU UNDERSTAND AND 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 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, THE MOBILE BANKING SERVICE, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.</p>
<p><strong>Financial Information.</strong> You must inform us immediately of any material change in your financial circumstances. This includes, but is not limited to, notification of the following: (a) any creditor tries to take any of your property on or in which we have a lien or security interest, including a garnishment of any of your accounts with us; (b) a judgment or judgments is entered against you in the aggregate amount of $250 or more that is not satisfied within thirty (30) days or stayed pending appeal; (c) an involuntary lien or liens is attached to any of your assets or property and not satisfied within thirty (30) days or stayed pending appeal; (d) an adverse change occurs in your financial condition or applicable credit histories; and (e) you are in default under any agreement for borrowed money or any other material contract. You agree to provide us in a timely manner any financial information we reasonably request during the term of this Agreement. You authorize us to review your credit history from time to time.</p>
<p><strong>Change in Terms.</strong> We may change the terms and charges for Mobile Banking indicated in this Agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this Agreement from time to time. Your use of Mobile Banking after receipt of notification of any change by us constitutes your acceptance of the change.</p>
<p><strong>Relationship to Other Disclosures.</strong> The information in this Agreement applies only to the Mobile Banking Service described herein. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers of yours (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may include fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for uses of or interaction with Mobile Banking, including while downloading software, receiving or sending Mobile Banking text messages, or other use of your mobile device when using software or other products or services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. If you have any problems with Mobile Banking, you will contact us directly.</p>
<p><strong>Mobile Banking Software License.</strong> Subject to your compliance with this Agreement, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the software on your mobile device within the United States and its territories. We make no representations that Mobile Banking will be available for use in locations outside of the United States. In the event that you obtain a new or different mobile device, you will be required to download and install the software to that new or different mobile device. This License shall be deemed revoked immediately upon (a) your termination of Mobile Banking in accordance with this Agreement; (b) your deletion of the software from your mobile device; or (c) our written notice to you at anytime with or without cause. If this License is revoked for any of the foregoing reasons, you agree to promptly delete the software from your mobile device.</p>
<p><strong>Lost or Stolen Mobile Device or PIN.</strong> If you believe that your PIN, mobile device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or has transferred money without your permission, you must notify us promptly by calling Member Services at 510-627-5000 or 800-232-8101.</p>
<p><strong>Termination of Mobile Banking.</strong> You may cancel your participation in Mobile Banking by uninstalling Mobile Banking or by closing your Credit Union account. We may terminate your use of Mobile Banking at any time without notice. We may immediately suspend or terminate your access to Mobile Banking in the event we reasonably determine such suspension or termination is necessary in order to protect the Mobile Banking Service or the Credit Union from harm or compromise of integrity, security, reputation or operation or that you are in breach of this Agreement or are otherwise using Mobile Banking in a manner inconsistent with the terms of this Agreement or with applicable law. You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.</p>
<p><strong>Governing Law.</strong> You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of California.</p>
<p><strong>Waiver.</strong> The failure of either party to seek a redress for violation, or to insist upon the strict performance of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.</p>
<p><strong>Relationship.</strong> This Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.</p>
<p><strong>Force Majeure.</strong> You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from the unavailability of Mobile Banking due to causes beyond our reasonable control.</p>
<p><strong>No Assignment.</strong> You may not assign this Agreement. We may assign this Agreement to a third party without prior notice to you.</p>
<p><strong>Severability.</strong> A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.</p>
<p><strong>In Case of Errors or Questions about Your Account</strong>. Please refer to the Master Account Agreement and Disclosure given at account opening for a description of the error resolution process as well as how transfer and deposits are processed on your account. If you need a copy of the agreement or have additional questions regarding Mobile Banking Services, please contact us using one of the following methods:</p>
<ul>
<li>Telephone 510-627-5000 or toll-free 800-232-8101</li>
<li>Email cfcumail@chevronfcu.org</li>
<li>Send a Secure Email through PC Access Online Banking</li>
<li>Write to Chevron Federal Credit Union, P.O. Box 2069, Oakland, CA 94604-2069</li>
</ul>
<p> </p>
 
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