UMB Mobile Banking Agreement and Disclosure

Online Banking Addendum

 

1. Introduction
By enrolling in Mobile Banking (the “Service”), you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”).

We may offer additional Mobile Banking services and features in the future.  Any such added Mobile Banking services and features will be governed by this Agreement and by the terms and conditions provided to you, if any, at the time the new Mobile Banking service or feature is added and/or at the time of enrolling for the feature or service, if applicable.  From time to time, we may amend these terms and modify or cancel the Service we offer without notice, except as may be required by applicable law, rule or regulation.

2. Definitions
As used in this Agreement and Mobile Banking services, the following words have the meaning given below:

“Account (s)” mean(s) your eligible UMB checking, savings, loan, or certificate of deposit or other UMB products that can be accessed through Mobile Banking.

  “Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages.  Your wireless carrier may assess you fees for data or text messaging services.  Please consult your wireless plan or provider for details.

  “Mobile Banking” means the Service accessible from the Device you have registered with us for Mobile Banking.

 “You” and your(s),” mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.

  “We”, “Us” and “Bank” means UMB.

3. Mobile Banking Service
A.  Description of Service.  Mobile Banking is offered as a convenience and supplemental service to our Online Banking services.  It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and service with us.  You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates, including, without limitation, the UMB Online Banking Services Agreement. Mobile Banking allows you to access your UMB account information, make payments to payees, transfer funds and conduct other banking transactions.  To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device.

We reserve the right to limit the types of accounts available through Mobile Banking and the right to refuse to make any transaction you request through Mobile Banking.  We also reserve the right to modify the scope of the Service at any time.

Mobile Banking may not be accessible or may have limited utility over some network carriers.  In addition, the Service may not be supportable for all Devices.  UMB cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.  We will not be responsible for any damages, consequences, or liabilities that arise from the unavailability of data services.  

B. Use of Service.  In order to properly use Mobile Banking, you should review and follow the instructions provided on our website.  You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking.  We may modify the Service from time to time at our sole discretion.  In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified.  You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.

C. Other Agreements
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements.  You understand that those agreements may provide for 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 your use or interaction with Mobile Banking).

Any deposit account, loan or other banking product accessed through the Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening.  You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.

D.  Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all contents of Mobile Banking, including the graphics, icons and overall appearance of the Service, are the sole and exclusive property of us and/or our affiliates. Certain of our trademarks and/or servicemarks are also listed below. The posting of the contents of this Service neither constitutes a waiver of any of our proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Service user or to any third party. Contents of this Service are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any contents you obtain from the Service.

unitedmsbank.com is a trademark of Bank.

The display of third party trademarks within this Service does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of contents of this Service or any Service linked to this Service may be a violation of federal and other trademark laws and federal copyright laws.

            4. Permitted Mobile Banking Transactions

A. You may use the Service to:

• View your current balance information of your accounts.
• Review available transactions on your accounts.
• View UMB Branch and ATM locations.
• Touch dial UMB Branches.
• View account alerts.
• Make a one time immediate bill payment to existing payees.
• Make a one time Transfer of funds between your linked UMB accounts.
• Release ACH files.   

B. Transfer funds between your eligible UMB accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using the Service.

If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking.  Transfer transaction requests received by the Service after 6:00 p.m. Central Standard Time on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank’s next business day. 

You must have sufficient funds available in the selected account at the time the transfer request is received. Transfer requests on accounts with insufficient funds are subject to the Bank’s normal business practices and procedures and the Bank reserves the right to refuse any such request.  The Bank is not liable or responsible for any damages or liability that occurs due to requests that may not be completed due to insufficient funds.

Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account.  Each transfer from a savings or Money Market account using Mobile Banking is counted as one of the six transaction limit each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject to fees or account conversion if you exceed the transaction limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures.

We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without notice, at our option.

You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

C. Bill payments to existing payees, previously set up in the Internet Banking System, may be made for immediate payment.  You cannot use the Service to set up new payees.  You must use the Internet Banking System to set up payees.             

If you submit your bill payment request prior to the deadline established by us for Mobile Banking bill payment service, you will initiate an immediate Bill Payment via Mobile Banking.  Bill payment transaction requests received after the processing deadlines (2:00 A. M. Central Standard Time and 12:00 Noon Central Standard Time) on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank’s next business day.  You may cancel your bill payment prior to the cut off time.

You must have sufficient funds available in the selected account at the time the bill payment request is received. Bill payment requests from accounts with insufficient funds are subject to the Bank’s normal business practices and procedures and the Bank reserves the right to refuse any such request.  The Bank is not liable or responsible for any damages or liability that occurs due to requests that may not be completed due to insufficient funds.

Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account.  Each withdrawal from a savings or Money Market account using Mobile Banking is counted as one of the six  transaction limit each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures.

We may also limit the type, frequency and amount of bill payments for security purposes and may change or impose limits without notice, at our option.

You agree to confirm the completion of each bill payment in your account balance and transaction history before sending the funds.

 

       5. Your Responsibilities     
You represent and agree to the following by enrolling for Mobile Banking or by using the Service.

A.  Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking.  You represent and agree that 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, your account information, or other means to access Mobile Banking. You are responsible for any transaction that you or any authorized third-party, authorize and we will not be held liable for any damages resulting to you due to such.  You agree not to use any personally identifiable information when creating shortcuts to your Account.

B. Joint Accounts.  When your Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.

C. User Security.  You agree to take every precaution to insure the safety, security and integrity of your Account and transactions when using Mobile Banking, including using a passcode on your Device.   You agree not to leave your Device unattended while logged into Mobile Banking or make available your username, password or other access information to any unauthorized person. For your protection, sign off after every Mobile Banking session.  You agree not to store your mobile banking passwords in your phone.  If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damage resulting to you.  You agree not to use any personally identifiable information when creating shortcuts to your Accounts. 

Your agree to tell us at once if you believe your mobile Banking username and/or password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your mobile Banking services could cause you to lose your money in your accounts.  For any Account that is a consumer account, you could lose all the money that is in your account, plus any amount available under an overdraft line of credit. You can lose no more than $50 if you notify the Bank within two Business Days of discovering any unauthorized use of Mobile Banking or any loss, theft or unauthorized access to your Devices. However, you can lose as much as $500 from any such consumer account if you do not notify the Bank within two Business Days after discovering the unauthorized use or access and the Bank can prove that it could have prevented the unauthorized use had it been notified.
Also, notify the Bank immediately if your statement shows a transaction on an Account that you did not make. For any Account that is a consumer account, if you do not notify the Bank within 60 days after the statement was sent or otherwise made available to you, you may not receive back any money you lost after the 60 day period if the Bank can prove that it could have prevented the unauthorized use had it been notified. You could lose all the money in your consumer accounts if the Bank can establish that it could have prevented those losses if you had given notice to the Bank in time. If a good reason, such as extended travel or hospitalization, prevents you from promptly notifying the Bank of unauthorized use of consumer accounts, the time periods specified in this Section may be extended to reasonable periods.
To notify us, call (601) 445-7000 between the hours of 8:00 am and 5:00 pm during a Business Day or write to us at United Mississippi Bank, P O Box 670 Natchez MS 39121.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend these time periods.
You are encouraged to install a security application from a reputable security provider.  Avoid clicking on links in text messages or emails, since these links may lead to malicious websites or downloads.  The Bank will not contact you and ask for your login credentials.       

Further, you expressly agree that you will indemnify, protect, and hold harmless Bank from losses, claims, costs, and liabilities,  to the extent allowed by applicable law in the event that any unauthorized or unlawful access to your wireless device, Mobile Banking services, or software occurs and you or Bank is harmed in any way by such access.    

We make no representation that any content of use of Mobile Banking is available for use in locations outside of the United States.  Accessing Mobile Banking from locations outside of the United States is at your own risk.

D. User Conduct.  You agree not to 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 right of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statue, ordinance or regulation (including, but not limited to, those governing internet gambling, 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 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.

E. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information.  You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.

F. Indemnification.  Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless UMB its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.

G. Changes or Cancellations.  You may cancel your participation in Mobile Banking by calling us at (601) 445-7000.  This cancellation applies to the Service, and does not terminate your deposit or credit accounts with us. We recommend that you cancel any scheduled transactions prior to notifying us that you are discontinuing the Service. If you choose to cancel the Service, any unprocessed transactions may be canceled. We reserve the right to change or cancel Mobile Banking at any time without notice.  We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking.  You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

6.  Miscellaneous

A. Third Party Beneficiaries.  You agree that our service providers may rely upon your agreements and representations in this Addendum and the Agreement, and such service providers are third party beneficiaries to this Addendum and Agreement, with the power to enforce its provisions against you.

B. LIMITATIONS AND WARRANTY DISCLAIMERS. WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE MOBILE BANKING SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR OUR SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED OR, OR HAVE REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES.

C. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

D. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Mississippi, without regard to the conflict of laws thereof, and to the laws of the United States.

E. Severability. To the extent any portion of this Agreement is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and this Agreement, as so modified, shall remain in full force and effect.

F. Waiver.   No waiver by us of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.

G. Disclosure of Account Information.  We may disclose information to third parties about you or your transactions in the following instances:
• When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
• To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
• If you give us your permission
• With our affiliates as permitted under Federal and applicable state laws
• On a closed account, if we reasonably believe you have mishandled it

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