American Bank of Freedom Mobile Banking Terms and Conditions
Thank you for using American Bank of Freedom Mobile Banking combined with your handheld's text messaging
capabilities. Message & Data rates may apply. For help, text "HELP" to 99588. To cancel, text "STOP" to 99588 at
any time. In case of questions please contact customer service at 636-745-2888or visit
www.americanbankofFreedom.com.
Program: American Bank of Freedom offers their customers mobile access to their account information (e.g., for
checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low
balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile
phone number. The mobile phone number's verification is done by the user receiving an SMS message with a
verification code which they will have to enter on the website. Additionally, customers may select the type of alerts
and other preferences which will determine, together with their account data, the frequency of alerts delivered to the
customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of
this program at any time.
Mobile Deposits: The mobile check must be endorsed with the following, “For mobile deposit only to
American Bank of Freedom, Signature (signature of payee)”
Questions: You can contact us at 636-745-2888 or send a text message with the word "HELP" to this number:
99588. We can answer any questions you have about the program.
To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via
SMS. Just send a text that says "STOP" to this number: 99588. You will receive a one-time opt-out confirmation text
message. After that, you will not receive any future messages.
Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented
here.
Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon
Wireless, MetroPCS
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time
for any reason outside of the reasonable control of American Bank of Freedom or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, American Bank
of Freedom and its affiliates and service providers, including Fiserv, Inc., and its affiliates, may receive and may
share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of
messages, data files and other data and information provided by you or from other sources in connection with Mobile
Banking or the Software (collectively “User Information”). American Bank of Freedom and its affiliates and service
providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but
reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as
otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency,
to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by
you. American Bank of Freedom and its affiliates and service providers also reserve the right to monitor use of Mobile
Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any
applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent,
unauthorized, or improper manner or purpose and will only be used in compliance with all applicable laws, rules, and
regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing,
“spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting
the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail,
spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do
not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party intellectual
property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service
provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by
American Bank of Freedom (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive,
threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or
materials the transmission of which could diminish or harm the reputation of American Bank of Freedom or any third-
party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-
related (e.g., beer, wine, or liquor),tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or
weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g.,
adult themes, sexual content),crime-related (e.g., organized crime, notorious characters), violence-related(e.g.,
violent games), death-related (e.g., funeral homes, mortuaries),hate-related (e.g. racist organizations), gambling-
related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or
services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or
inaccurate; (vii) any material that would expose American Bank of Freedom, any third-party service provider involved
in providing Mobile Banking, or any other third party to liability; or(viii) any signal or impulse that could cause
electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You
agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or
(b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or
the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software;
or (d)otherwise abuse Mobile Banking or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found
athttp://maps.google.com/help/terms_maps.html and the Google Legal Notices found at
http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.
Touch ID™ for Mobile Banking.
Touch ID is an optional fingerprint sign-in method for American Bank of Freedom Mobile Banking that is currently
available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your
fingerprint by going to "Settings > Touch ID &Passcode" on your Apple device to complete the setup (for more help
with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only
and American Bank of Freedom never sees or stores your fingerprint information. You acknowledge that by enabling
Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment
account information within American Bank of Freedom Mobile Banking. American Bank of Freedom reserves the right
to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at
a time on a device. If your device does not recognize your fingerprint, you can sign in using your password. To use
Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable
Touch ID anytime from the Services menu within American Bank of Freedom Mobile Banking.
Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for American Bank of Freedom Mobile
Banking is only available on compatible iOS devices.
Card Controls Additional Terms.
The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within
the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the
contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this
Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this
Supplement with respect to Card Controls, then the terms in this Supplement shall apply.
1. The Card Controls feature is only available for debit cards issued by American Bank of Freedom that you
register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply,
even if you delete the Mobile Banking App or remove it from your mobile device. Please contact American Bank of
Freedom to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions.
Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the
location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present
transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to American Bank of Freedom and third parties ‘services and web sites,
including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you
accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, American Bank of Freedom,
and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of
those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any
such services. We may also impose limits on the use of or access to certain services, in any case and without notice
or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED"AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON- INFRINGEMENT. INPARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TOANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR
THESERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.SOME
STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THEFOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BYSTATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE
MOBILEBANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR
ANINDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THEPROVISION OF
THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENTMALFUNCTIONS,
INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OURAFFILIATES OR
LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANYOF THESE, BE LIABLE
FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THATIS CAUSED BY OR ARISES OUT OF
ANY SUCH DELAY, INTERRUPTION, DISRUPTION ORSIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR
AFFILIATES OR LICENSORS ORCONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF
THESE, BE LIABLE FOR ANYINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, ORLOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF)ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE
MOBILEBANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE
BANKINGAPP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY
FORESEEABLEAND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES
ORLICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BELIABLE
FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THESERVICES OR THE
WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THATYOU DO NOT STATE IN
WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATIONPROCEEDING WITHIN TWO (2) YEARS OF
THE DATE THAT THE EVENT GIVING RISE TO THECLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO
ALL CAUSES OF ACTION, WHETHERARISING FROM BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGALTHEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE
LIABILITY OF OUR AFFILIATESAND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND
CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR
OBLIGATIONS RELATING TOTHIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES
UP TO A MAXIMUMOF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION
ORLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION
OREXCLUSION MAY NOT APPLY TO YOU.
8. Unless your account agreement with you states otherwise, this Agreement shall be governed by and
construed in accordance with the laws of the State in which you reside, without regard to its conflicts of law’s
provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or
federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise,
all other terms of this Agreement shall remain in full force and effect.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, American
Bank of Freedom and its affiliates and service providers, including Fiserv, Inc., and its affiliates, may receive names,
domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other
data and information provided by you or from other sources in connection with Mobile Banking or the Software
(collectively “User Information”). American Bank of Freedom and its affiliates and service providers will maintain
reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use
and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law,
including compliance with court orders or lawful instructions from a government agency, to protect the personal safety
of subscribers or the public, to defend claims, and as otherwise authorized by you. American Bank of Freedom and
its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for
purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim
any obligation to monitor, filter, or edit any content.
. To enroll in Services, you must also be an Online Banking subscriber. You acknowledge that you have
read and agreed to the terms and conditions of American Bank of Freedom Business Online Banking and
Business Bill Pay Terms & Conditions and if applicable, the Treasury Management Services of which apply
to these Terms and Conditions. For example, American Bank of Freedom ACH, Wire, Remote Deposit, and
Positive Pay agreements. You also acknowledge and agree to these Terms and Conditions which
supplement, and do not supersede, the Services Agreement when you enroll in the Services. For example, it
is acknowledged that any and all warranty or other disclaimers, limitations of liability, and indemnifications in
these End User Terms are in addition to any and all disclaimers, limitations of liability, and indemnifications
in the Services Agreement.
Not all the Online Banking services or the functionality on the Online Banking website are available when you use a
Mobile Device, and Mobile Banking functionality available to you vary based on the Mobile Device you use and/or
other factors. For those Online Banking services available through your Mobile Device, the Online Banking services
may use different terminology and appear in different formats when viewed through your Mobile Device. You may be
required to follow different instructions to access Online Banking services through your Mobile Device. Processing of
payment and transfer instructions may take longer through Mobile Banking.
You represent that you are the owner or authorized user of the Mobile Device you use to receive our Mobile Banking
services, and that you are authorized to approve the applicable charges. You agree that we may send messages
through your wireless provider to you and that your wireless provider is acting as your agent when sending and
receiving messages. may use the telephone or mobile phone number, email address or other delivery location we
have in our records for you or other such information as you may provide to us to contact you for Mobile Banking.
You understand and agree that Mobile Banking messages may not be encrypted and contain personal or confidential
information about you, such as, your mobile phone number, your wireless providers name, and the date, time, and
content of any mobile banking messages, including, but not limited to, account activity and status of your accounts
and other information that you or we may provide. may use this information to contact you and to provide the
Services and to otherwise operate, develop and improve the Mobile Banking services. Your wireless provider and
other service providers may also collect data from your Mobile Banking usage, and their practices are governed by
their own policies. are not responsible or liable for the acts or policies of such service providers. reserve the right to
disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to
protect our rights or property, or otherwise as required or permitted our agreement(s) with you and our policies and
procedures. When you complete forms online or otherwise provide us with information in connection with our Mobile
Banking service, you agree to provide accurate, complete, and true information. will not be responsible or liable for
losses or damages arising from any disclosure of your account information to third parties, non-delivery, delayed
delivery, misdirected delivery or mishandling of, or inaccurate content in the messages sent through Mobile Banking.
You agree that if you are using our Mobile Banking service outside the United States, you are, as always, responsible
for having access to the appropriate wireless and/or telecommunications networks and you are, as always,
responsible for all associated fees and charges.
Fingerprint Login for Mobile Banking
Fingerprint Login is an optional fingerprint sign-in method for American Bank of Freedom Mobile Banking that may be
available for certain Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you
will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the
manufacturer that supports your mobile device). Fingerprints are stored on your device only and American Bank of
Freedom never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you
will allow anyone who has a fingerprint stored on your device access to your personal and payment account
information within American Bank of Freedom Mobile Banking. American Bank of Freedom reserves the right to
suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking
username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your
standard login credentials (e.g., password). To use Fingerprint Login for Mobile Banking on multiple devices, you will
need to set it up for each device. You can enable or disable Fingerprint Login anytime within American Bank of
Freedom Mobile Banking.
Android is a trademark of Google Inc.
American Bank of Freedom Alerts Terms and Conditions
Alerts. Your enrollment in American Bank of Freedom Online Banking and/or Mobile Banking (the “Service”) includes
enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain
transactional information about your American Bank of Freedom account(s). Account Alerts and Additional Alerts must
be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts.
We usually notify you when we cancel alerts, but are not obligated to do so. American Bank of Freedom reserves the
right to terminate its alerts service at any time without prior notice to you.
Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text
message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your American
Bank of Freedom Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your
responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above
supports the email, push notification, and text message alerts provided through the alerts service. Please be advised
that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account
and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you
alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that
change. Your alerts will be updated to reflect the changes that you communicate to us regarding your primary and
secondary email addresses or mobile device number.
Alerts via Text Message. To stop alerts via text message, text "STOP" 41952 at any time. Alerts sent to your primary
email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in
American Bank of Freedom Online Banking. For help with SMS text alerts, text “HELP” to 41952 In case of questions
please contact customer service at 636-745-2888. Our participating carriers include (but are not limited to) AT&T,
SprintPCS, T-Mobile
®
, U.S. Cellular
®
, Verizon Wireless, MetroPCS.
Limitations. American Bank of Freedom provides alerts as a convenience to you for information purposes only. An
alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts
in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts
may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s)
and other factors outside American Bank of Freedom’s control. We neither guarantee the delivery nor the accuracy
of the contents of each Alert. You agree to not hold American Bank of Freedom, its directors, officers, employees,
agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or
indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b)
inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for
any purpose.
Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include
your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include
your name and some information about your accounts, and anyone with access to your alerts will be able to view the
contents of these messages.
ACCOUNT TO ACCOUNT TRANSFERS
1. Introduction. This Account-to-Account Transfer Terms of Service document (hereinafter "Agreement") is a
contract between you and American Bank of Freedom (hereinafter "we" or "us") in connection with the Account-to-
Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the
"Site"). This Agreement applies to your use of the Account-to-Account Transfer Service and the portion of the Site
through which the Account-to-Account Transfer Service is offered.
2. Description of Account-to-Account Transfer Service. The Account-to-Account transfer service (the "Account to
Account Transfer Service") enables you to transfer funds between your Account(s) that you maintain with us on the
one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
3. Definitions.
a. "Account" means a checking, money market or savings account that is either an Eligible Transaction
Account or External Account, as applicable.
b. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds
transfer services to participating financial institutions.
c. "Affiliates" are companies related by common ownership or control.
d. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that
banks are legally closed.
e. "Eligible Transaction Account" is a transaction account from which your transfers will be debited, your
Account-to-Account Transfer Service fees, if any, will be automatically debited, or to which transfers and
credits to you will be credited, that is eligible for the Account-to-Account Transfer Service. An Eligible
Transaction Account shall be limited to a checking, money market or savings account that you hold with us.
f. "External Account" is your account at another financial institution (i) to which you are transferring funds from
your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction
Account.
g. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange
payment network) through which funds may be transferred.
h. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all the
Account-to-Account Transfer Service to you on our behalf.
i. "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the
Account-to-Account Transfer Service for a transfer of funds.
4. Service Providers. We are offering you the Account-to-Account Transfer Service through one or more Service
Providers that we have engaged to render some or all the Account-to-Account Transfer Service to you on our behalf.
However, notwithstanding that we have engaged such a Service Provider to render some or all the Account-to-
Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using
the Account-to-Account Transfer Service and we are solely responsible to you and any third party to the extent any
liability attaches in connection with the Account-to-Account Transfer Service. You agree that we have the right under
this Agreement to delegate to Service Providers all the rights and performance obligations that we have under this
Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all
the rights and protections that this Agreement provides to us.
5. Authorization and Processing.
a. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal right, power, and authority to
transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of
the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have
been authorized by all of the other joint owners to operate such Accounts without their consent (including
without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds
from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to
such other joint owners. Further, you represent and warrant that the External Account is located in the
United States.
b. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction
Account and remit funds on your behalf to the External Account designated by you and to debit your
applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and
Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on
your behalf from the External Account designated by you and to debit your applicable Account as described
below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You also authorize
us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the
transaction for any reason, including but not limited to nonsufficient funds.
c. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we
are unable to complete any transfers initiated by you because of the existence of any one or more of the
following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain
sufficient funds to complete the transfer or the transfer would exceed the credit limit of your
overdraft account;
2. The Account-to-Account Transfer Service is not working properly and you know or have been
advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 10 (Refused Transfers) below;
4. You have not provided us with the correct information, including but not limited to the correct
Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down
time, issues with the financial institution(s), or interference from an outside force) prevent the
proper execution of the transfer and we have taken reasonable precautions to avoid those
circumstances.
d. It is your responsibility to ensure the accuracy of any information that you enter into the Account-to-Account
Transfer Service, and for informing us as soon as possible if you become aware that this information is
inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or
recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and
will bear no responsibility or liability for damages resulting from incorrect information entered by you.
6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our
Account-to-Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may
have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve
the right to select the method in which to remit funds on your behalf though the Account-to-Account Transfer Service,
and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return
funds to you.
7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in
the Account-to-Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to
return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds
transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make
reasonable attempts to otherwise return the funds to you.
8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact
customer care for the Account-to-Account Transfer Service pursuant to Section 26 (Errors, Questions, and
Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for
failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for
each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees
associated with your use of the Account-to-Account Transfer Service. Applicable fees will be disclosed in the user
interface for, or elsewhere within, the Account-to-Account Transfer Service or Site. Any applicable fees will be
charged regardless of whether the Account-to-Account Transfer Service was used, except for fees that are
specifically use-based. Use-based fees for the Account-to-Account Transfer Service will be charged against the
Account that is debited for the funds transfer. There may also be charges for additional transactions and other
optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the
applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer,
depending on how such charges are described in the user interface for the Account-to-Account Transfer Service. Any
financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and
all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service
provider. Section 22 (Failed or Returned Transfer Instructions) applies if you do not pay our fees and charges for the
Account-to-Account Transfer Service, including without limitation if we debit the External Account for such fees, as
described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed or Returned
Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction
Account, in such circumstances.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you
promptly if we decide to refuse to transfer funds.
11. Returned Transfers. In using the Account-to-Account Transfer Service, you understand transfers may be
returned for various reasons such as, but not limited to, the External Account number is not valid. We will use
reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your
Account from which you attempted to transfer funds. You may receive notification from us.
12. Notices to Us Regarding the Account-to-Account Transfer Service. Except as otherwise stated below, notice
to us concerning the Site or the Account-to-Account Transfer Service must be sent by postal mail to: P.O. Box 490,
Wright City, MO 63390 We may also be reached at (636) 745-2888 for questions and other purposes concerning the
Account-to-Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors,
Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this
Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product
message within the Account to Account Transfer Service, emailing it to an email address that you have provided us,
mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone
number that you have provided us, including but not limited to the mobile phone number that you have listed in your
Account to Account Transfer Service setup or customer profile. For example, users of the Account-to-Account
Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation
and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods
shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice
by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You
may request a paper copy of any legally required disclosures and you may terminate your consent to receive required
disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding
the Account-to-Account Transfer Service) above. We reserve the right to charge you a reasonable fee not to exceed
twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Account-
to-Account Transfer Service if you withdraw your consent to receive electronic communications.
14. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a
wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our
Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING
SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You
acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or
artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please
review our Privacy Policy for more information.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account-to-
Account Transfer Service and looking at your transaction history. You agree to review your transactions by this
method instead of receiving receipts by mail.
16. Your Privacy; Privacy of Others. Protecting your privacy is very important to us. Please review our Privacy
Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your
information. If you receive information about another person through the Account-to-Account Transfer Service, you
agree to keep the information confidential and only use it in connection with the Account-to-Account Transfer Service.
17. Eligibility. The Account-to-Account Transfer Service is offered only to individual residents of the United States
who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account-to-Account
Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the
minor with a parent or guardian as a co-signor or guarantor. By using the Account-to-Account Transfer Service, you
represent that you meet these requirements and that you agree to be bound by this Agreement.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account-to-Account Transfer
Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
a. Transfers to or from persons or entities located in prohibited territories (including any territory outside of the
United States); and
b. Transfers that violate any law, statute, ordinance, or regulation; and
c. Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
d. Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5)
ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under
applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal
activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence,
racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass
or threaten others; (11) goods or services that include any language or images that are bigoted, hateful,
racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or
solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or
privacy, or any other proprietary right under the laws of any jurisdiction; and
e. Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but
not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate
gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f. Transfers relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get
rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property,
annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance
debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the
item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money
service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or
check cashing, or (6) provide credit repair or debt settlement services; and
g. Transfers relating to tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or
damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the
methods described in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above of
any violations of the Agreement generally.
19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of
your activities related to your use of the Account-to-Account Transfer Service, regardless of the purpose of the use,
and for all communications you send through the Account-to-Account Transfer Service. We and our Service
Providers have the right but not the obligation to monitor and remove communications content that we find in our sole
discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer
Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate,
violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d)
include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right
under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure;
(g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use
of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer
Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior
written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or
Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account
Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service
providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods
described in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above of any violations
of the Agreement generally.
20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer
Instruction, you shall communicate with customer care for the Account-to-Account Transfer Service in the manner set
forth in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. You acknowledge and
agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your
password or other means to access your account through which you access the Account-to-Account Transfer Service
has been lost or stolen, your liability is no more than $50.00 should someone access your account without your
permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove
that we could have prevented the unauthorized use of your password or other means to access your account if you
had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains
transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the
statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if
we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason
(such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and
it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not
responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes
arising from any transaction.
22. Failed or Returned Transfer Instructions. In using the Account-to-Account Transfer Service, you are requesting
that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the
Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for
example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed
the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer
Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds
drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the
Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a
return notice from us or our Service Provider. In each such case, you agree that:
a. You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if
the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with,
your Eligible Transaction Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of
collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited
because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the
credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds
cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges
that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your
account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts
from your designated Eligible Transaction Account, including by ACH debit;
c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information
in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone
numbers and email addresses. Depending on the Account-to-Account Transfer Service, changes may be able to be
made within the user interface of the Account-to-Account Transfer Service or by contacting customer care for the
Account-to-Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account-to-Account
Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not
provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
24. Information Authorization. Your enrollment in the applicable Account to Account Transfer Service may not be
fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each
Account-to-Account Transfer Service, you agree that we reserve the right to request a review of your credit rating at
our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree
that we reserve the right to obtain personal information about you, including without limitation, financial information,
and transaction history regarding your Eligible Transaction Account. You further understand and agree that we
reserve the right to use personal information about you for our and our Service Providers’ everyday business
purposes, such as to maintain your ability to access the Account to Account Transfer Service, to authenticate you
when you log in, to send you information about the Account to Account Transfer Service, to perform fraud screening,
to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations,
court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the
public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our
rights and property, and to customize, measure, and improve the Account to Account Transfer Service and the
content and layout of the Site. Additionally, we and our Service Providers may use your information for risk
management purposes and may use, store, and disclose your information acquired in connection with this Agreement
as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect
against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service
Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk
management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business
purposes. In addition, we and our Service Providers may use, store, and disclose such information acquired in
connection with the Account-to-Account Transfer Service in statistical form for pattern recognition, modeling,
enhancement and improvement, system analysis and to analyze the performance of the Account-to-Account Transfer
Service.
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your
account, such as subscriber status, payment method and device details, if available, to support identity
verification, fraud avoidance and other uses in support of transactions for the duration of your business
relationship with us. This information may also be shared with other companies to support your transactions
with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you
and your devices with third party service providers, who will compare and add device data and fraud data
from and about you to a database of similar device and fraud information in order to provide fraud
management and prevention services, which include but are not limited to identifying and blocking access to
the applicable service or Web site by devices associated with fraudulent or abusive activity. Such
information may be used by us and our third-party service providers to provide similar fraud management
and prevention services for services or Web sites not provided by us. We will not share with service
providers any information that personally identifies the user of the applicable device.
25. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the
Account-to-Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the
Account-to-Account Transfer Service) above. Any transfer(s) that have begun processing before the requested
cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account-to-
Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor
suspension shall affect your liability or obligations under this Agreement.
26. Errors, Questions, and Complaints.
a. In case of errors or questions about your transactions, you should as soon as possible contact us as set
forth in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above.
b. If you think your periodic statement for your account is incorrect or you need more information about a
transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60)
days after we send you the applicable periodic statement for your account that identifies the error. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe
it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days
after your oral notification. Except as described below, we will determine whether an error occurred within
ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within
three (3) Business Days after we complete our investigation of the error, and will correct any error promptly.
However, if we require more time to confirm the nature of your complaint or question, we reserve the right to
take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally
credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If
we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business
Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no
error, we will mail you a written explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our investigation. We may revoke any
provisional credit provided to you if we find an error did not occur.
27. Intellectual Property. All marks and logos related to the Account-to-Account Transfer Service are either
trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button
icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy,
imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and
you may not use them in a manner that is disparaging to us or the Account-to-Account Transfer Service or display
them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account-to-
Account Transfer Service, the portion of the Site through which the Account-to-Account Transfer Service is offered,
the technology related to the Site and Account to Account Transfer Service, and any and all technology and any
content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any
suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site
or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to
us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be
subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant
(or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those
materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account-to-
Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring,
or recommending such sites or the materials disseminated by or services provided by them, and are not responsible
for the materials, services, or other situations at or related to or from any other site, and make no representations
concerning the content of sites listed in any of the Account-to-Account Transfer Service web pages. Consequently,
we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material
contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner
advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers,
sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may
send their own cookies to users, collect data, solicit personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You
may link to the home page of our Site. However, you may not link to other pages of our Site without our express
written permission. You also may not "frame" material on our Site without our express written permission. We reserve
the right to disable links from any third-party sites to the Site.
29. Password and Security. If you are issued or create any password or other credentials to access the Account-to-
Account Transfer Service or the portion of the Site through which the Account-to-Account Transfer Service is offered,
you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree
to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that
your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to
Account Transfer Service without your consent, you must inform us at once at the telephone number provided in
Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. See also Section 20 (Your
Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for
unauthorized transfers.
30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account-to-Account
Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time
it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account-to-Account
Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will
constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update,
upgrade or enhance the Account-to-Account Transfer Service and/or related applications or material, which may
render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such
prior versions of the Account-to-Account Transfer Service, and/or related applications and material, and limit access
to only the Account-to-Account Transfer Service’s more recent revisions, updates, upgrades, or enhancements.
31. Our Relationship with You. We are an independent contractor for all purposes, except that we act as your agent
with respect to the custody of your funds for the Account-to-Account Transfer Service. We do not have control of, or
liability for, any products or services that are paid for with our Account-to-Account Transfer Service. We also do not
guarantee the identity of any user of the Account-to-Account Transfer Service (including but not limited to recipients
to whom you send transfers).
32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our
prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this
Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate
certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities
described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate,
suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement,
regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to
you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to
terminate this Agreement, access to the Site and/or use of the Account-to-Account Transfer Service for any reason or
no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other
rights and remedies available to us under this Agreement, by law or otherwise.
34. Disputes. In the event of a dispute regarding the Account-to-Account Transfer Service, you and we agree to
resolve the dispute by looking to this Agreement.
35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount
of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute
in a cost-effective manner through binding non-appearance-based arbitration. If a party elects’ arbitration,
that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the
American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR)
administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a)
the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the
election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by
the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery
shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of
arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty
(30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and
may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that
remedies available under federal, state, and local laws remain available through arbitration. NO CLASS
ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR
CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN
ARBITRATION.
36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be
governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts
of law’s provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such
state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated
otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with
you states otherwise, you agree that any claim or dispute you may have against us (other than those which are
arbitrated under Section 35 (Arbitration) above) must be resolved by a court located in the county in which you reside.
You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes
unless said claim is submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to
waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their
respective Affiliates arising under this Agreement.
37. Indemnification. You agree to defend, indemnify, and hold harmless us and our Affiliates and Service Providers
and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand
(including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement
and/or your use of the Site or the applicable Account to Account Transfer Service.
38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of
these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising
out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or
the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code
§1542, which states that a general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if not known by him must have materially affected his
settlement with the debtor.
39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in
writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights
or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one
occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED
DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT
GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT-TO-
ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS
PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE
ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND
CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE AND THE
PORTION OF THE SITE THROUGH WHICH THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE IS OFFERED.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT-TO-ACCOUNT TRANSFER
SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE
AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT
LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT-TO-
ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT
MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR
AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE
LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT-TO-ACCOUNT TRANSFER
SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR
FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR
CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST
PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE
PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED,
EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING
THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR
CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE
ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE
ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A
COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36
ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE
LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL
CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF
POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete
and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with
respect to the Account-to-Account Transfer Service and the portion of the Site through which the Account-to-Account
Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other
communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any of the provisions of this
Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their
nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this
Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care
personnel), the terms of the Agreement will prevail.
Updated: 10/16/2023
AMENDMENTS
We may amend this Agreement from time to time. The "last amended" date will be indicated within this Agreement. It
is your sole responsibility to review this Agreement and any subsequent amendments to this Agreement prior to logging
in.
By clicking “Agree” you acknowledge that you read and agree to the above terms and conditions.
