Common use of Mobile Device and Mobile Communications Clause in Contracts

Mobile Device and Mobile Communications. You are responsible for providing your own Mobile Device that supports 128-bit encryption. Users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download. You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using mRDC. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others. This User 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 Mobile Device supplier and your mobile communications service provider 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 Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk. BY THIS AGREEMENT, YOU ARE PROHIBITED FROM MAKING ANY mRDC TRANSACTION, OR OTHERWISE USING THE mRDC SERVICE FROM OUTSIDE OF THE UNITED STATES OF AMERICA OR SUCH OTHER COUNTRY AS BANK HAS AGREED WITH COMPANY IN WRITING. YOU CONSENT AND AGREE THAT BANK MAY USE THE mRDC SOFTWARE AND YOUR MOBILE DEVICE TO VERIFY THAT YOUR LOCATION AT THE TIME OF AN mRDC TRANSACTION IS NOT IN A COUNTRY (1) WHERE IT IS ILLEGAL UNDER APPLICABLE UNITED STATES OR FOREIGN LAW TO PROCESS YOUR TRANSACTION, OR (2) THAT IS PROHIBITED UNDER THIS AGREEMENT.

Mobile Device and Mobile Communications. ‌ It is your responsibility to acquire the software or equipment necessary to use this Banking Service. To access Online Banking and to perform transactions, you must have an Internet access with a web browser that supports 128-bit encryption. You acknowledge that access to this Banking Service and the availability of services hereunder is at all times conditioned upon the availability of the computer services, software and system used to communicate your instructions and the Bank’s responses. You are responsible for providing your own Mobile Device that supports 128-bit encryption. Users Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. To download Mobile Banking Software, please follow the instructions found in the Mobile Banking section of your Primary Online Banking site. Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download. You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using mRDCMobile Banking. ProGrowth Bank does not guarantee that your mobile phone/mobile phone service plan will be compatible with our Mobile Banking service. You are responsible for understanding the operation and maintenance of your mobile phone. ProGrowth Bank is not responsible for any errors or problems related to your mobile phone, mobile provider, or mobile internet access. Nor are we responsible for any fees assessed by your telephone company, internet service provider, or any other outside party. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from othersothers relating to your use of Mobile Banking. This User 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 Mobile Device supplier and your mobile communications service provider 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. We are not responsible for errors or delays or your inability to access the service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. Mobile phones with internet capabilities are susceptible to viruses. Your Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). You are responsible for making sure that the mobile phone they are using to access Mobile Banking is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively, referred to as “viruses”), which could result in damage to programs, files, and/or your phone or could result in information being intercepted by a third party. We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk. BY THIS AGREEMENTProGrowth Bank will not be responsible or liable for any indirect, YOU ARE PROHIBITED FROM MAKING ANY mRDC TRANSACTIONincidental, OR OTHERWISE USING THE mRDC SERVICE FROM OUTSIDE OF THE UNITED STATES OF AMERICA OR SUCH OTHER COUNTRY AS BANK HAS AGREED WITH COMPANY IN WRITING. YOU CONSENT AND AGREE THAT BANK MAY USE THE mRDC SOFTWARE AND YOUR MOBILE DEVICE TO VERIFY THAT YOUR LOCATION AT THE TIME OF AN mRDC TRANSACTION IS NOT IN A COUNTRY (1) WHERE IT IS ILLEGAL UNDER APPLICABLE UNITED STATES OR FOREIGN LAW TO PROCESS YOUR TRANSACTIONspecial or consequential damages that may result from such harmful components being present on the mobile phone, OR (2) THAT IS PROHIBITED UNDER THIS AGREEMENTnor will ProGrowth Bank be responsible or liable if sensitive information accessed via our Mobile Banking service is intercepted by a third party due to any of the above named “viruses” residing or being contracted by the customer’s mobile phone at any point or from any source.

Mobile Device and Mobile Communications. You are responsible for providing your own Mobile Device that supports 128-bit 128‐bit encryption. Users must download, install and use certain software systems and programs developed by us, our licensors or other third-partiesthird‐parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download. You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for Internet-related Internet‐related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using mRDC. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others. This User 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 Mobile Device supplier and your mobile communications service provider 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 Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk. BY THIS AGREEMENT, YOU ARE PROHIBITED FROM MAKING ANY mRDC TRANSACTION, OR OTHERWISE USING THE mRDC SERVICE FROM OUTSIDE OF THE UNITED STATES OF AMERICA OR SUCH OTHER COUNTRY AS BANK HAS AGREED WITH COMPANY IN WRITING. YOU CONSENT AND AGREE THAT BANK MAY USE THE mRDC SOFTWARE AND YOUR MOBILE DEVICE TO VERIFY THAT YOUR LOCATION AT THE TIME OF AN mRDC TRANSACTION IS NOT IN A COUNTRY (1) WHERE IT IS ILLEGAL UNDER APPLICABLE UNITED STATES OR FOREIGN LAW TO PROCESS YOUR TRANSACTION, OR (2) THAT IS PROHIBITED UNDER THIS AGREEMENT.