Revised: June 2012
The Mobile Banking Services provided to you by Mutual Security Credit Union as part of Mutual Security’s Online services are powered by a third Party (the "Licensor") mobile technology solution. Section A of this Mobile Banking Service Agreement is a legal agreement between you and Mutual Security Credit Union. Section B of this Mobile Banking Service Agreement is a legal agreement between you and the Licensor.
This Mobile Banking Service Agreement (this "Addendum") is part of the Online Electronic Services Agreement (the "Agreement"), and is hereby incorporated by reference into the Agreement. In the event of a conflict or inconsistency between this Addendum and the Agreement, the terms of this Addendum will apply unless otherwise provided in this Addendum. The terms and conditions of this Addendum govern your use of certain online banking services via a cell phone or other handheld Mobile Device, as described below (the "MemberMobile Banking Service" or "MMBS"). We may offer additional MMBS services and features in the future. Any added MMBS services and features will be governed by this Addendum and the Agreement, and by any terms and conditions provided to you at the time the new MMBS service or feature is added or at the time of enrollment for the feature or service, if applicable. By using MMBS, you accept and agree to all of the terms, conditions and notices contained in this Addendum and the Agreement and accept responsibility for your use of the MMBS in accordance with the terms of this Addendum and the Agreement. Further, as more specifically set forth in Section A of the Agreement, your use of MMBS is subject to the terms and conditions of any agreement between you and Mutual Security that is applicable to the products and/or services accessed through MMBS, such as the Member and Share Deposit Account Contract, Funds Availability Policy and EFT Agreement. Please read this Addendum, the Agreement, and all such additional agreements carefully before using the MMBS, and keep a copy for your records. In this Addendum, the words "you" and "your" mean each Mutual Security Credit Union WebLine (online banking) user who has elected to use the MMBS, and the terms "Mutual Security", "we" and "us" refer to Mutual Security Credit Union, its successors and assigns. Unless otherwise defined in this Addendum, all capitalized terms shall have the meanings given to them in the Agreement. This Addendum covers only the MMBS, and it shall not be construed to apply to other products or services.
2. Amendment, Termination or Suspension of Services
Except as otherwise required by law, we may in our sole discretion change these terms, and modify or cancel MMBS, features we offer, from time to time and at any time, without notice. This may include adding new or different terms to, or removing terms from, this Addendum or the Agreement. When changes are made we will update this Addendum on www.mscu.net/membermobile. The www.mscu.net/membermobile website will be updated on or before the effective date, unless (i) the Licensor has made a modification and did not provide Mutual Security with advance notice; or (ii) an immediate change is necessary to maintain security or to prevent fraud; or (iii) a legal requirement requires immediate change; in which event this Addendum will be updated within a commercially reasonable period of time. By continuing to use the MMBS after such change, you agree to the change.
We may terminate or suspend all or any part of the MMBS at any time, in our discretion, without notice to you, and without liability to you. No termination of the MMBS or any part thereof will affect your liability or obligations under this Addendum or the Agreement accruing prior to the date of termination or any provisions of this Addendum or the Agreement which, by their nature or by express provision, are intended to survive termination. When you use or otherwise activate MMBS, and each time you use or allow others to use MMBS, you confirm your agreement to abide and be bound by the terms and conditions of MMBS and this Addendum as in effect at that time. MMBS is not intended to replace access to your Mutual Security WebLine Online services from your personal computer. Mutual Security may limit the types and number of accounts eligible for MMBS at any time. You shall immediately install any upgrades, patches or fixes required for security reasons or otherwise for the proper functioning of the MMBS, regardless of whether requested by us or our service providers.
Mutual Security Credit Union Mobile Banking is a personal financial information management service that allows you to access certain account information and perform certain transactions using a wireless device, all as are described on our website at www.mscu.net/membermobile.
In order to access MMBS, you must (a) be a registered user of Mutual Security’s WebLine Online Banking Service, and (b) have a mobile/cell phone or other handheld device that can send and receive information using the technology that supports this Service (a "Mobile Device"). MMBS may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported. The technical standards required to access and use MMBS (the "Mobile Technical Standards") may vary among the types of Mobile Devices and telecommunications carriers that support MMBS, and may be updated from time to time by the carriers. You are responsible for satisfying any Mobile Technical Standards. You understand and agree that Licensor or telecommunication carriers may modify the supported Mobile Devices and/or the Mobile Technical Standards at any time, without prior notice, and that Licensor, the telecommunication carriers and Mutual Security shall not be liable to you for your failure to access or use MMBS due to any such modifications.
Further, any Mobile Application is licensed to you "AS IS" without any warranty. MUTUAL SECURITY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY MOBILE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You release Mutual Security, its service providers, affiliates and all other parties from all claims and damages that may arise from or relate to your use of any Mobile Application. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application. In order to access MMBS, you must first register for WebLine while logged in to your personal computer located at https://secure.mscu.net. As part of the registration process, you may be required to provide information about your Mobile Device, as well as the telephone number for your Mobile Device, the telecommunications carrier that provides service to your Mobile Device, and the email address you have designated in connection with your use of Online Banking ("Your e-Mail Address"). It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device (including its telephone number, the telecommunications carrier, and Your e-Mail Address), and to notify us immediately if any of this information changes or if service to your Mobile Device is terminated. We reserve the right to refuse or cancel your registration for MMBS if we cannot verify information about you and/or your Mobile Device. Access to MMBS requires the use of Login Codes, and all terms and conditions in the Agreement relating to Login Codes for Mutual Security Online apply to the use of Login Codes for MMBS.
You accept responsibility for making sure that you understand how to use MMBS before you actually do so, and then that you always use MMBS in accordance with online instructions posted on www.mscu.net/membermobile, if any. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the MMBS software, including the Mobile Application, as they may be changed or upgraded from time to time. Mutual Security may change or upgrade MMBS from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use MMBS as changed or upgraded.
5. Third Party Fees
You are solely responsible for fees, including web access, cellular and/or data or text message charges, that may be billed by your mobile carrier based on your individual plan. Check with your mobile carrier for details on specific fees and charges that may be applicable.
6. Mobile Banking Service Limitations
It is important that you understand the limitations of the MMBS, including but not limited to the following:
The balance of your accounts may change at any time as we process items and fees against your accounts, and the information provided to you through MMBS may become quickly outdated. Because MMBS is accessible only through your Mobile Device, your access to MMBS may be limited by the service provided by your telecommunications carrier. There may be technical or other difficulties related to MMBS. These difficulties may result in loss of data, personalized settings or other MMBS interruptions. Neither Mutual Security nor its service providers assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of MMBS; nor for the delivery or the accuracy of any information requested or provided through MMBS. Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Mobile Device or mobile network which you utilize to access the MMBS, nor guarantee that you will have continuous or uninterrupted access to MMBS. We are not responsible for any delay, failure or error in the transmission or content of information provided through MMBS. Neither we nor any of our service providers and affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through MMBS, from any inaccurate information provided through MMBS, from your use of or reliance on any information provided through MMBS, or from your inability to access MMBS.
We will not be liable to you for any losses caused by your failure to properly use MMBS or your Mobile Device. We reserve the right to refuse to make any transaction you request through MMBS for any reason. You agree and understand that MMBS may not be accessible or may have limited utility over some mobile networks, such as while roaming. You agree to exercise caution when utilizing MMBS and/or the Mobile Application on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
Financial information obtained through MMBS (including, without limitation, any account information) reflects the most recent account information available through MMBS and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features and functions available through our WebLine Online Banking Service may not be available using MMBS.
You understand that the MMBS is provided by Mutual Security through the Licensor, and Mutual Security shall not be liable to you for any modification, interruption or termination of all or any portion of the MMBS due to the acts or omissions of Licensor or its agents.
In addition to the safeguarding and security provisions set forth in the Agreement, the following provisions shall apply to your use of MMBS:
Once you have accessed and/or registered for MMBS, your Mobile Device may be used to obtain information about your Accounts, and perform transactions on and make transfers between your Accounts. You are responsible for maintaining the security of your Mobile Device and you are responsible for all transfers made using your Mobile Device. MMBS will display sensitive information about your Mobile Accounts, including balances and transfer amounts. Anyone with access to your Mobile Device may be able to view this information.
In order to prevent misuse of your accounts through MMBS, you agree to protect all Login Codes associated with your accounts and the MMBS, and to monitor your accounts on a daily basis. In addition to protecting your Login Codes and other account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with other account information may allow unauthorized access to your accounts. You are also responsible for protecting and securing all information and data stored in your Mobile Device, including but not limited to the use of a security code or other such locking mechanism that may be available to you for your use on your Mobile Device in order to prevent others from accessing MMBS.
8. Additional Usage Obligations
When you use the Mobile Banking Service to access your Accounts, you agree to the following terms (which terms shall survive the termination of this Addendum or the Agreement):
a) Account Ownership/Accurate Information
You represent that you are the legal owner of the accounts and other financial information which may be accessed through MMBS. You represent and agree that all information you provide to us in connection with MMBS is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating MMBS. You agree to not misrepresent your identity or your account information. You agree to keep your personal and account information up to date and accurate with us.
b) Proprietary Rights
You are permitted to use content delivered to you through MMBS only in connection with your proper use of MMBS. You may not copy, reproduce, distribute, or create derivative works from this content.
c) User Conduct
You agree not to use MMBS or the content or information delivered through MMBS in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in MMBS software or the Mobile Applications, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of MMBS to impersonate another person or entity, (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), (iv) be false, misleading or inaccurate, (v) 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, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to MMBS, (ix) interfere with or disrupt the use of MMBS by any other user, (x) result in unauthorized entry or access to the computer systems or networks of others; (xi) send unsolicited electronic mail messages (also known as spam).
d) No Commercial Use or Re-Sale
You agree that MMBS is for personal use only. You agree not to resell or make commercial use of MMBS.
e) You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using MMBS. You agree not to leave your Mobile Device unattended while logged on to MMBS and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to notify us immediately if you lose, or change or cancel the number of, your Mobile Device. If you believe that someone may have unauthorized access to your MMBS, you agree to cancel your MMBS associated with the Mobile Device immediately. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your accounts. You agree to comply with all applicable laws, rules and regulations in connection with MMBS.
f) You agree not to access or use the MMBS from locations outside of the United States.
g) You agree to notify us immediately to disable MMBS from your Mobile Device if your Login Code(s) have been compromised, lost, stolen or used without your authorization, or if your Mobile Device has become compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the Login Code. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one).
h) To the extent that we or our service providers require information about you in order to provide MMBS, you hereby consent to the exchange of such information between us and such service providers.
9. Exclusion of Warranties; Limitation of Liability; Indemnification.
Limitations on Mutual Security's liability are described in the Member and Share Deposit Account Contract, Funds Availability Policy, EFT Agreement, and this Agreement. In addition:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MMBS IS AT YOUR SOLE RISK. MMBS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MMBS IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND MUTUAL SECURITY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. MUTUAL SECURITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUTUAL SECURITY OR THROUGH OR FROM YOUR USE OF MMBS WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MMBS (INCLUDING ANY SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH MMBS) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE MOBILE BANKING SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state. Indemnification.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST 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 USE OF MMBS, OR THE USE OF MMBS BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE MMBS, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.
a) Consent to use of Data
You agree that Mutual Security may collect information about your Mobile Device, system and application software in connection with offering and operating MMBS and to enhance your experience when using our Mobile Services. To read our privacy statement, visit www.mscu.net.
b) We reserve the right to block access or delete MMBS software from your Mobile Device if we or our agents or MMBS service providers have reason to believe you are misusing the MMBS or are otherwise not complying with this Addendum or the Agreement, or have reason to suspect your Mobile Device has been infected with malicious software or virus.
c) Mutual Security is not responsible for translating any of the information contained within MMBS to any other language and we are not responsible for the accuracy of any third party translating services.
d) For assistance with our MemberMobile Banking Services visit www.mscu.net/mscu/contact.htm or call 1-800- 761-2400 or visit a local Mutual Security Credit Union branch. Do not attempt to communicate with a Mutual Security Credit Union representative via SMS Text Messaging or any other form of unencrypted electronic message.
f) Mutual Security reserves the right to employ "cookie" technology as a prerequisite for your use of MMBS. You must allow the use of "cookies" or MMBS may not function as intended.
g) You are responsible for your own acquisition, upkeep and management of your Mobile Devices. Further, you are responsible for procuring your own network or cellular connections. Mutual Security does not provide internet or cellular connectivity or the devices associated with the use of this service.
h) You are responsible for the accuracy of your data entry and use of the application when accessing accounts and conducting transactions. Mutual Security is not liable for errors caused by your misuse or error. This includes any error caused by "pre-filling" or automated entry done on your behalf by the device, system or application software.
i) You are responsible for keeping all account and login information private and ensuring that you do not download viruses or malicious software that could put your confidential information at risk.
j) Mutual Security maintains the right to contact you via your Mobile Device as a means to relay important account information or information about the use of MMBS for as long as you are enrolled in MMBS.
k) We specifically do not warrant that MMBS will function in any foreign countries.
l) Mutual Security Branch and ATM locations and driving directions are provided to you as convenience and we are not liable for the accuracy or effectiveness of the information. We are not liable for death or damage as it relates to the use of such location services.
m) Force Majeure – Mutual Security shall not be liable for any failure to perform its obligations under this Addendum or the Agreement due to the occurrence of an event beyond our control (including without limitations such as fire, flood, power outage, acts of God, government or civil authority, civil or labor disturbance, war, riots, or the failure of our service providers to perform).
11. Third Party Beneficiaries You agree that our MMBS service providers (including any provider of the Mobile Application or other MMBS software) may rely upon your agreements and representations in this Agreement, and such service providers are third party beneficiaries of such agreements and representations, with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APPLICATIONS
To be Agreed to by End User Prior to Use of the Downloadable Applications
You acknowledge and agree that a third party provider or licensor ("Licensor") to Mutual Security is the owner of all right, title and interest in and to the downloaded software to be used for access to MMBS from Mutual Security 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").
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.
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 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 NONINFRINGMENT. 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. Limitations of Warranty
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, THE 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 BE HELD LIABLE BY YOU FOR YOUR USE OF THE SOFTWARE OR SERVICES PROVIDED TO YOU BY 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.
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 Missouri 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 Missouri 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.