END USER TERMS
This service is provided to you by Eureka Savings Bank and powered by a Third Party (the "Licensor") mobile technology solution. These End User Terms are a legal agreement between you and Eureka Savings Bank.
SECTION A
EUREKA SAVINGS BANK TERMS AND CONDITIONS
Thank you for using Eureka Savings Bank Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 73955. To cancel your plan, text "STOP" to 73955 at anytime. In case of questions please contact customer service at mobile@eurekasavings.com or call 815-883-3354.
Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Eureka Savings Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by Eureka Savings Bank and not by any other third party. You and Eureka Savings Bank are solely responsible for the content transmitted through the text messages sent to and from Eureka Savings Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
SECTION B
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
SECTION C
Eureka Savings Bank
Zelle Network® Terms Agreement
For purposes of this disclosure, the terms "we", "us", and "our" refer to Eureka Savings Bank. The terms "you" and "your" refer to the recipient of this disclosure and agreement.
Other terms as used in this agreement and their definitions are as follows:
• "Agreement" refers to this Zelle Network Terms Agreement unless preceded by a description of a different agreement.
• "In Process" refers to funds that are in transit from one location to another but not yet credited to the destination account.
• The "Service" or "Services" is as defined below in Section 1. Description of Services.
1. Description of Services
a. We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Zelle Network Terms Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
We reserve the right to amend the terms of this Agreement at any time. If we do so, you will need to acknowledge the new terms of the Agreement before you would be allowed to continue to use the Zelle Network services.
Only Eureka Savings Bank Online Banking/Mobile Banking transaction accounts will be allowed to participate in the Zelle Network services under this Zelle Network Terms Agreement. Debit cards will not be allowed to be linked to Zelle Network services.
3. Consent to Share Personal Information (Including Account Information)
We may disclose your personal information and account information to Zelle and other third parties as follows:
• As necessary to complete your transactions.
• As necessary to offer and connect you with this Service.
• As necessary to investigate any transaction errors you have reported.
• In order to comply with government/court orders and rules.
• As further permitted by our Privacy Policy.
• As you deem in any other written permissions you give us.
4. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Privacy Policy at https://www.eurekasavings.com/about/privacy-policy, which our Privacy Policy is incorporated into and made a part of this Zelle Network Terms Agreement by this reference.
5. Wireless Operator Data
We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT & T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle's Privacy Policy [https://www.zellepay.com/privacy-policy] and Eureka Savings Bank's Privacy Policy [https://www.eurekasavings.com/about/privacy-policy] for how it treats your data.
6. Enrolling for the Service
a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Zelle Network Terms Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may, or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service using the contact information found in Section 25. Eureka Savings Bank Contact Information of this Agreement. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: AT & T, Sprint, T-Mobile, Verizon. If your carrier is not listed when you enroll, select ‘Other' and try the Mobile Web option, or check back later, as new carriers will be added over time.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle Network Terms Agreement and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Zelle Network Terms Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
10. Liability
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
11. Send Limits
Transfers from consumer accounts with Eureka Savings Bank are subject to pre-set limits at the Bronze level. The Bronze level provides a $200.00 transaction limit/$400.00 daily limit. Requests for higher limits may be made and are subject to bank approval. Higher limits may be approved at the Silver Level, which is subject to a $400.00 transaction limit/$600.00 daily limit or Gold Level, which provides a $1,000 transaction limit/$1,000 daily limit.
Send limits may be subject to temporary reductions if certain events occur. Please refer to Section 15. Liability for Failure to Complete Transfers for examples of when send limits may be reduced.
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Zelle Network Terms Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
13. Transaction Errors
If you think a transaction to be in error, or if you need more information about it, call us or write to us using the contact information listed in Section 25. Eureka Savings Bank Contact Information in this Agreement.
We must hear from you no later than 60 days past the date we mailed you a statement noting the transaction in question. When you call us, please be prepared to provide us with the following information:
• Your name and account number
• A description of the transaction in question, including the date and amount, and an explanation of why you feel the transaction is in error.
We will determine within 10 business days (20 business days for deposit accounts opened within 30 days of the transaction in question) of hearing from you whether an error occurred, and we will correct any error promptly. We may take up to 45 days (90 days for deposit accounts opened within 30 days of the transaction in question) to investigate the potential error if we need more time. Under this circumstance, we will provisionally credit your account for the transaction amount in question until such investigation is complete. If the investigation results in the conclusion that the transaction was in error, we will consider the credit final. If the investigation concludes that the transaction was not an error, your account will be debited for the provisional credit amount.
We may require you to send us a notice of the transaction error in writing for us to give you provisional credit if you first notify us by calling us. Written notice would be required within 10 business days of your phone call to us.
We will call you with the results of our investigation within three business days of our conclusion. Written results of the investigation will also be provided to you if we conclude the transaction was not in error.
14. Your Liability for Unauthorized Transfers (consumer accounts)
If you give permission to other individuals to use your login credentials, you are responsible for any transactions they conduct from the service with your accounts.
If you believe your login credentials have been lost or stolen, you must call us immediately by calling one of the contact numbers listed in Section 25. Eureka Savings Bank Contact Information of this Agreement. You must notify us AT ONCE if you believe your login credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your login credentials, you can lose no more than $50 if someone used your credentials without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your login credentials, and we can prove we could have stopped someone from making a transfer without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from making the transfer if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
15. Liability for Failure to Complete Transfers (consumer accounts)
If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:
• If through no fault of ours, you do not have enough money in your account to make the transfer.
• If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
• If the electronic service was not working properly and you knew about the breakdown before you started the transfer.
• If circumstance beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer despite reasonable precautions we have taken.
• If we have terminated this Zelle Network Terms Agreement with you.
• If you report your login credentials as lost or stolen or we have reason to believe that something is wrong with a transaction.
• If we receive inaccurate or incomplete information needed to complete a transaction.
• If the recipient of a transfer in not registered properly to receive the funds.
This list is intended to include several examples of exceptions but is not all-inclusive of all circumstances in which exceptions to our liability may occur.
16. Fees
There is no service fee from us to use the Zelle service. However, if your account with us is deemed to have non-sufficient funds to complete your transaction request through the Service, then you may be assessed a fee based in accordance with the terms in your Deposit Account Agreement with us.
You are responsible for any charges or fees assessed to you by any utility or service provider for use of your electricity, phone, and/or internet access in connection with use of the Service.
Fees are subject to change and our advanced notice to you of any such changes is required.
17. Use of Our Online Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with our Online Internet Banking Agreement, which is available at www.eurekasavings.com and incorporated into and made part of this Zelle Network Terms Agreement by this reference.
18. Cancellation of the Service
You may cancel the Zelle service by calling us or writing to us using the contact information listed in Section 25 Eureka Savings Bank Contact Information of this Agreement. When you cancel the service, you will not be able to stop any transfers that are currently in process. By cancelling the service, you will stop any recurring or scheduled transfers. By cancelling Zelle services, this will not automatically cancel any of your other online banking services or account relationships with us.
19. Right to Terminate Access
We reserve the right to terminate this Agreement and/or cancel the ability of any account holder to access Zelle through our Online Internet Banking/Mobile Banking services at any time without notice or as otherwise allowed by law.
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
21. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS ZELLE NETWORK TERMS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
22. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Zelle Network Terms Agreement, you agree to indemnify, defend and hold harmless us, Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement. Your obligations under this section shall survive any termination of this Agreement.
23. Governing Law; Choice of Law; Severability
This Zelle Network Terms Agreement shall be construed in accordance with and governed by the laws of Illinois. Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.
24. Miscellaneous
Subject to the terms of this Zelle Network Terms Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
25. Eureka Savings Bank Contact Information:
• 250 Marquette Street, La Salle, IL 61301, 815-223-0700
• 1300 13th Avenue, Mendota, IL 61342, 815-539-5656
• 101 N. Columbia Avenue, Oglesby, IL 61348, 815-883-3354
• 2959 Peoria Street, Peru, IL 61354, 815-223-9400
• 105 W 1st South Street, Wenona, IL 61377, 815-853-4333
SECTION D
Eureka Savings Bank
MOBILE REMOTE DEPOSIT SERVICES AGREEMENT
Mobile Deposit is designed to allow you to make deposits of checks ("original checks") to your accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information ("images") to us or our processor with your Mobile Device. After you login to Mobile Banking, you may apply for Mobile Deposit.
Limits. We may establish limits on the dollar amount and/or number of items or deposits 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 a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Business days in determining transaction limits are Monday thru Friday, excluding federal holidays. The current transaction limit is $3,000.00 and the current daily dollar limit per calendar day is $3,000.00. In addition, the current dollar limit per any 20 consecutive business day period is $6,000.00. There are no limits on the number of items, as long as the respective dollar limits are not exceeded.
Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable account statement is sent.
Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
Errors in Transmission. By using the Services you accept the risk than an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Eligible items. You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand) as that term is defined in Federal Reserve Regulation CC.
Ineligible items. You agree that you will not use Mobile Deposit to deposit:
• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
• Credit card checks.
• Checks that are incomplete.
• Checks payable to you and another party who is not a joint owner on the account.
• Checks issued to you by a financial institution in a foreign country.
• Any check that is stale dated, expired, or post-dated.
• Any check that has been re-deposited or returned such as "non-sufficient funds" or returned for any other reason.
• Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
Requirements. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Endorsements must be made on the back of the share draft or check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "for Eureka mobile deposit only". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both 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 your joint owner, both of you must endorse the check.
Receipt of Deposit. Upon receipt of the digital check image, we will review the image for acceptability. You understand and agree that receipt of an image does not occur until after you receive a confirmation screen upon the conclusion of your transaction and that such confirmation does not mean that the image or transaction contained no errors or that we are responsible for any information you transmit to us. After we have reviewed your check for deposit, we will notify you if we accepted, deleted, or adjusted the item via email to you. We reserve the right to reject any image for mobile deposit into your account. All images processed for deposit through Mobile Deposit will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have reviewed the item until we have confirmed review with email to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images.
Original checks. After you receive confirmation that we have received an image, you must securely store the original check for 60 calendar days after transmission to us and make the original check accessible to us at our request. If we request the original check, you agree to deliver to us within 10 calendar days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. We may also charge you a $15.00 Return item charge. You understand and agree that you are required to indemnify us and hold us harmless against any all claims, actions, damages, losses, liabilities, costs and expenses, including reasonable attorney fees and expenses, arising out of your use of the Services, breach of this Agreement, or relating to the processing of any returned items. You understand and agree that this paragraph shall survive termination of this Agreement. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Your Warranties. You make the following warranties and representations with respect to each image:
• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
• There are no other duplicate images of the original check.
• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
• You are authorized to enforce and obtain payment of the original check.
• You have possession of the original check and no party will submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs at our LaSalle, Mendota, Oglesby, and Peru office locations.
Funds Availability. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. Mobile Deposits confirmed as received before close of business and accepted, and deposits confirmed received on holidays or days that are not business days and accepted may be credited to your account and available to you as soon as the following business day. However, funds are still subject to holds and may be held for a period of up to nine business days. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
Mobile Deposit 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 with written confirmation 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 Agreement.
Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us, or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, FIS, retain all rights, title and interests in and to the Services, Software and Development made available to you.
Accountholder's Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to FIS and hold harmless FIS, its affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User's use of the Services, or FIS applications, unless such claim directly results from an action or omission made by FIS in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE 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 ANY REMOTE 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 ANY REMOTE 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 WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE 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 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 ANY REMOTE BANKING SERVICE, 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.
Financial Information. You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
SECTION E
Eureka Savings Bank
CARD CONTROLS AGREEMENT AND TERMS OF USE
You agree to this Card Controls Agreement and Terms of Use when you activate and use the Controls associated with your Eureka debit card.
"Alerts" is an optional service provided within the Card Controls service all the terms and conditions.
Terms of Use: Card Controls is an optional mobile service that allows you to control and alerts you to usage of your Eureka Savings Bank debit card from your Mobile Device. You can activate or deactivate your Eureka Savings Bank debit card, limit usage (based on merchant types, transaction types, geographic regions, or transaction amounts, and enroll for Alerts via text messaging when usage occurs on your card based on your Card Control settings.
Terms Specific to Card Controls: You also understand and agree that: 1) Alerts may be not be delivered in "real time" and may be delayed until after the event it pertains to has occurred and settled. 2) We reserve the right to change the frequency or timing of Alerts, at any time and from time to time; 3) Alerts are not to be relied upon by you as a sole source of communication from the bank to you regarding your account. Account statements and other bank mailings should still be reviewed for errors and to assist in identifying any fraudulent transactions. 4) You agree to secure and protect your device and hold us harmless from any third party viewing or overhearing of any Alerts sent to you; 5) Alerts are provided as a convenience for you and we will not be liable for any delays or failures to initiate or deliver any particular Alert, even if you have expressly requested one; 6) Your mobile carrier's message and/or data rates apply to our Alerts; 7) Your mobile device must be on and charged in order to receive our Alerts. If your mobile device is off, the Eureka Savings Bank mobile banking application is deleted from your device, or your mobile device is otherwise incapable of receiving Alerts, we will be unable to alert you; and 9) We are not liable or responsible for any failures on the part of your wireless service, telecommunications, or internet provider to properly enable your receipt of Alerts. Account information sent to you through Alerts may not reflect transactions that we have not fully processed or posted. Alerts may be delayed due to systems or service outages, technology failures or system capacity limitations.
You understand and agree that: 1) Controls do not eliminate your responsibility for any transaction that you, or someone that you have provided to/authorized to use, have conducted on your Eureka Savings Bank debit card; 2) Pre-authorized recurring transactions scheduled for your Eureka Savings Bank debit card will be approved and processed even when the Card Controls have the debit card turned off unless the Auto Pay control is also disabled. These controls function independently of each other.
Additional Terms: In connection with Card Controls and Alerts, please note the following:1) We make no guarantees that enrollment in Mobile Card Controls and/or Alerts will prevent or reduce the chance of fraud or unauthorized use of your account; 2) Card Controls and Alerts are subject to changes in limits or types of controls that we allow you to enable. Limits on cardholders by the bank not related to Card Controls may also apply. 3) Eureka Savings Bank does not control merchant type or transaction type categories, which are defined by the payment processing network; and 4) Eureka Savings Bank shall not be liable to you or any third party for any termination or evocation of eligibility of any debit card with usage of Card Controls and Alerts. We do not verify the accuracy of the transaction information that is provided to us by the payment networks and merchants for purposes of the Card Controls and Alerts and we have no liability or responsibility to you for failure to generate an accurate Alert or provide an Alert in a timely manner. If such information is inaccurate, not consistent with any aspect of the transaction or not received by us in a timely manner by the payment networks and merchants, you may not receive an accurate Alert or an Alert may fail to generate that corresponds with your Card Controls settings.
Limitation of Liability and No Warranties. IN NO EVENT SHALL EUREKA SAVINGS BANK BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU PROVIDED ARISING FROM OR RELATED TO YOUR USE OF MOBILE CARD CONTROLS AND ALERTS; THE EQUIPMENT AND/OR THE INSTALLATION OR MAINTENANCE THEREOF TO ACCESS MOBILE CARD CONTROLS AND ALERTS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; INCOMPATIBILITY OF HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS AND WIRELESS CARRIERS; PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES PROBLEMS WITH DATA TRANSMISSION FACILITIES; OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EUREKA SAVINGS BANK IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS AND OBLIGATIONS HEREIN. YOU UNDERSTAND AND AGREE THAT YOUR USE OF MOBILE CARD CONTROLS AND/OR ALERTS ARE AT YOUR SOLE RISK AND THAT MOBILE CARD CONTROLS AND ALERTS ARE PROVIDED ON AN "AS IS" BASIS AND IS SUBJECT TO CHANGE AT ANY TIME. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT MOBILE CARD CONTROLS AND/OR ALERTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO MOBILE CARD CONTROLS AND/OR ALERTS. APPLICABLE LAW MAY NOT ALLOW FOR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES OR CERTAIN IMPLIED WARRANTIES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.