Common use of User Security Clause in Contracts

User Security. We are entitled to act on transaction instructions received using your Login Credentials and other uniquely identifying access information (such as your mobile device identifiers) (collectively, the “Mobile Security Procedures”), and you agree that the use of the Mobile Security Procedures will have the same effect as your signature authorizing the transaction. You agree that these Mobile Security Procedures and the Security Procedures associated with the Master Agreement, constitute commercially reasonable Mobile Security Procedures under applicable law for the initiate of the services you utilize via the Mobile App, including without limitation, transfers and access to confidential information. In reaching this conclusion, you have considered the size, type, and frequency of transfers or other communications that you anticipate issuing through the Mobile App. If in your judgment these Mobile Security Procedures are not commercially reasonable or circumstances change so that you believe the Mobile Security Procedures are no longer commercially reasonable, you must notify us within fifteen (15) calendar days or the date you sign and accept this Agreement. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions using the Mobile App. You agree not to leave your mobile device unattended while logged into the Mobile App. You agree to log off immediately at the completion of each access of the Mobile App. You agree not to provide your user ID or other access information to any unauthorized person. If you permit other persons to use your mobile device, login information, or other means to access the Mobile App, you are responsible for transactions they authorize and will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your account. You agree that your access to the Mobile App is similar to accessing your account(s) via the internet. As such, you should be cautious in the use of the system. You agree to treat all access codes the same way you treat your personal identification numbers (PIN) of a debit card. Do not write the numbers down. If Bank receives any instructions via the Mobile App after you have placed proper authentication information through the system using the Mobile Security Procedures, the Bank will treat those transactions as your authorized transactions. You are responsible for the accuracy of your instructions. You should not provide any Mobile App access information, including the Mobile Security Procedures, to anyone. You are responsible for keeping your access information confidential. If you permit other persons to use your mobile device and/or other means to access the Mobile App, you are responsible for any transactions he/she authorizes. You understand the importance of your role in preventing misuse of your account(s) through the Mobile App and you agree to promptly review your statements for each of your account(s) as soon as you receive it. You should immediately report any abnormalities or fraud in your account(s). You should safeguard your mobile device and codes used to access your account(s). You agree not to leave your mobile device unattended while logged into the Mobile App and to log off immediately upon completion of such access. If you believe your mobile device, user ID, password, or other approved access information has been lost or stolen, or that someone has transferred or may transfer funds from your account(s), without your authorization, CONTACT US AT ONCE AT 000-000-0000. Disclaimers XXXX MAKES NO REPRESENTIONS OR WARRANTIES IN CONNECTION WITH THE MOBILE BANKING SERVICE WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, WITH RESPECT TO THE MOBILE BANKING SERVICES, AND ANY THIRD-PARTY WEBSITE OR SERVICE. BANK DOES NOT WARRANT THAT THE MOBILE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE BANKING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE MOBILE BANKING SERVICES, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF BANK SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 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 RESULTING FROM THE USE OR THE INABILITY TO USE THE MOBILE BANKING SERVICE 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 THIS MOBILE 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. Bank will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Bank’s reasonable control. You are responsible for taking and maintaining security precautions to protect your mobile device and its data. You agree that Bank is not responsible for any electronic virus, spyware, or malware that you may encounter using the Mobile App. Bank encourages you to routinely scan your mobile device using any up-to- date, reliable virus, spyware, and malware protection product to detect and remove any virus, spyware, and malware found. Undetected or unrepaired, a virus, spyware, or malware may corrupt and destroy your programs, files and even your hardware. You are responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems and mobile device, and for protecting, securing and backing up any data and information stored in or on your operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems or accessed through and data connection. Service Fees There are no fees for accessing information about your accounts or paying bills through the Service. We are not responsible for any fees that may be billed to you by your internet service provider. All fees associated with your account are set forth in the Fee Schedule. Limitation on Liability IN NO EVENT WILL BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), INDIRECT, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE MOBILE BANKING SERVICES, THE INABILITY TO USE THE MOBILE BANKING SERVICES, ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED THROUGH THE MOBILE BANKING SERVICES, OR ANY MESSAGES RECEIVED VIA THE MOBILE BANKING SERVICES OR ANY TRANSACTION THEREUNDER, EVEN IF BANK HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR BANK AND OUR THIRD-PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS.