Common use of Equipment and Communication Providers Clause in Contracts

Equipment and Communication Providers. You are responsible for obtaining your own equipment, software and internet and/or mobile communications service providers. We are not a party to, and we have no duty, liability or responsibility in connection with (i) your internet or mobile communications service provider agreement, or (ii) any hardware, software or other any product or service you may purchase from others relating to your use of Digital Banking. This Agreement does not amend or supersede any agreements that you have with third parties (such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Your hardware, software and communications providers are responsible for their products and services. You agree that any problems you may have concerning those companies’ products, services or agreements shall be resolved by you directly with them, and without involving us. Your hardware, software and/or communication services may become subject to unauthorized tracking, “hacking,” data disclosure or other manipulation by malware such as spyware, viruses or other malicious code (e.g., “Ghost” which can take control of infected Mobile Devices). We are not responsible for advising you of the existence or potential effect of any malware. Your choice, downloading, installation and use your hardware, software and communication services are at your own risk. Except as may be prohibited by applicable law (such as Regulation E for certain consumer transactions), you agree that we have no liability for, and you shall indemnify and hold us harmless from, any losses suffered by you, us or by third parties as a result of compromises in the security of your hardware, software or communication services. We do not currently require, but do recommend, that you use IBM® Trusteer Rapport® on your computer. (Check your Division’s website which may provide a link to IBM for a free download of Trusteer Rapport. That link is subject to cancelation without notice.) At any time, we reserve the right (but shall have no duty) to limit access to any Digital Banking Channel or function to only those customers who use specific security procedures, hardware, software, or communication services (collectively “controls”). Our specification of required controls shall not constitute a representation or warranty that they (a) are sufficient for your security needs or will prevent any particular security compromise, or (b) be compatible with your procedures, hardware, software or communication services. We have no duty to review your security, identify deficiencies or make recommendations.