Revised February 2023

Thank you for using the Mobile Banking Services (Services) and any related Software (Software) provided by First National Bank Alaska (Bank) combined with your smart phone’s or tablet’s (Mobile Device) text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions. Bank in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

1. Related Agreements. These terms and conditions are in addition to Bank’s Privacy Policy, the Terms and Conditions of your Account, Personal Online Banking Agreement, Truth in Savings Disclosure, Electronic Funds Transfer Disclosure and any other applicable terms and/or disclosures (collectively, the Related Agreements).  If there is an inconsistency with these Mobile Banking Terms & Conditions and the terms and conditions of the Related Agreements with respect to the subject matter hereof, these Mobile Banking Terms & Conditions shall prevail.
    
2. Hardware and Software. In order to use the Services and Software, you must have a Mobile Device that is compatible with the FNBApp and have a data plan for the Mobile Device.  Bank does not guarantee that all mobile devices are compatible with the Services and/or Software.  You are responsible for all costs and expenses of obtaining and maintaining a compatible Mobile Device, operating system, internet connectivity, and any other hardware or software required to use the Services.  Bank is not responsible for any third party software you may need to use the Services.  Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party service provider at the time of download and installation.
    
3. Program. Bank offers its 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 you will have to enter in Online Banking. Additionally, you may select the type of alerts and other preferences, which will determine, together with your account data, the frequency of alerts delivered to you. This program will be ongoing. Message and Data rates may apply. You may opt out of this program at any time.  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, Sprint PCS, T-Mobile, U.S. Cellular, Verizon Wireless, and MetroPCS.
    
4. Questions. You can contact us at www.FNBAlaska.com or 907-777-4362, or send a text message with the word “HELP" to this number: 96924 if you are enrolled in the program. We can answer any questions you have about the program.
    
5. To Stop the Program. To stop these 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: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
    
6. Services. Bank offers its customers the ability to engage in various banking services as described herein and in the Personal Online Banking Agreement.  Such services include the ability to view account activity, make deposits, make transfers between your accounts, place alerts, pay bills, make person-to-person transfers, mobile access to account information (e.g. for checking balances and recent transactions) over SMS and a downloadable application (FNBApp) for mobile access to additional services.  Not all banking services offered through Personal Online Banking will be offered with the same features and behaviors when using the Services.  Also, one or more banking services offered through Personal Online Banking may not be offered through Mobile Banking; and, some Services may not be available on all devices or access channels.
    
7. Availability. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Bank or any service provider
    
8. Privacy and User Information. You acknowledge that in connection with your use of the Services, Bank and its third party 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, geolocation, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). Bank and its third-party 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 the Services 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. Bank and its third-party service providers also reserve the right to monitor use of the Services and 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.
    
9. Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and to only use them 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 the Services and 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’s 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 Bank (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 Bank or any third-party service provider involved in the provision of the Services; or (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), or that 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 Bank, any third-party service provider involved in providing the Services, 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 the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
    
10. Fees. Bank may charge a 10 cent fee for each text message you send to Bank in connection with your use of the Services in excess of 20 per month. The fee may be charged to any account you maintain with Bank.
     
11. Transfers. The cut-off time for transfers between your accounts is 9:00 p.m. Alaska Prevailing Time on any Banking Day (Monday thru Friday, excluding Bank Holidays). Transfers made after this cut-off time or on a day that is not a Banking Day will be posted the following Banking Day.
     
12. Termination. Bank may terminate your access to the Services without prior notice to you if you do not use the Services for a continuous period of more than 90 days.
     
13. Optional Biometric Login Methods. Biometric Login is an optional sign-in method that may be available for certain mobile devices that have a built-in fingerprint scanner, camera or other biometric input device. Fingerprints, photos or other biometric information used for identification are stored on your device only and Bank never sees or stores such biometric information. You acknowledge that by enabling Biometric Login, anyone who has such biometric identifiers stored on your device may have access to your account information within Mobile Banking. Bank reserves the right to suspend or disable this feature at any time. Biometric Login can only be associated with one Mobile Banking username at a time on a device. If a device does not recognize you through the Biometric Login, you may sign in using your password. You can enable or disable Biometric Login anytime within Mobile Banking. Bank requires step-up authentication in Mobile Banking, requiring that you enter your password in order to perform a transaction that moves funds.
     
14. Disclaimer of Warranties. THE FNBApp, 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, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, BANK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE FNBApp OR THE SERVICES 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 TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
     
15. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE FNBApp AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED 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 SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL BANK , CONTRACTORS OR THE EMPLOYEES OF CONTRACTORS OR ANY OF THESE, BE LIABLE FOR:
    • a.  ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE; or  (b)  ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR 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 FNBApp, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE FNBApp OR THE SERVICE ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM; or (c) ANY CLAIM, ARISING FROM OR RELATED TO THE FNBApp, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES ARE OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
    • b.  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 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 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.
       
16. Partial Invalidity. If any provision of this Agreement is ruled invalid or unenforceable by a court or governmental agency having competent jurisdiction, you agree the remaining provisions will continue in full force and effect.
     
17. Governing Law. This Agreement is governed by and is to be interpreted under the laws of the State of Alaska, without regard to its conflict of laws principles, as if the Agreement were entered into and performed completely in Alaska. Customer agrees all lawsuits relating to the Agreement or the Services shall be brought in the Superior Court for the State of Alaska located in Anchorage.
     
18. Waivers. Neither the exercise by a party of, nor a failure or delay in exercising, any right or remedy available under this Agreement shall constitute a waiver of such, or any other, right or remedy or of any default by the other party. Only waivers in writing and signed by the party to be charged shall be effective. No waiver by a party of any right or remedy available under the agreement shall constitute a waiver of any other default or a like default on a future occasion.
     
19. Benefit. This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors, assigns, and legal representatives of the parties. No provision of the agreement shall create rights in favor of, or be enforceable by or for the benefit of, anyone except Bank or you.
     
20. Assignment. To be effective, any assignment by you of any interest in or rights arising under any part of this Agreement must be approved by Bank in writing.
     
21. Headings. The heading contained within any paragraph is for the convenience of the reader and not determinative as to the content of the provision.
     
22. Entire Agreement. This Agreement, as amended from time to time, is the sole agreement between you and Bank governing your use of the Services. It is expressly understood there is no oral agreement(s) or understanding(s) between you and Bank, which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement.

Additional Terms & Conditions Applicable to Mobile Deposit Capture

The following terms and conditions govern your use of Bank’s Mobile Deposit Capture service (Mobile Deposit).

1. Services. Mobile Deposit is designed to allow you to make deposits to your checking, savings or money market demand accounts by use of a mobile application (FNBApp) and a camera-enabled Mobile Device, capable of capturing the image of an original paper check (“Original Check”) and electronically delivering such image and associated deposit information to Bank or Bank’s designated processer. You may transmit deposits to Bank only from a Mobile Device located within the United States.
    
2. Fees. There is currently no charge for Mobile Deposit. Bank reserves the right to charge for this service in the future.
    
3. Acceptance of these Terms. By using Mobile Deposit or clicking “I Accept” on the disclosure containing these terms in the FNBApp, you agree to these terms and conditions. These terms are subject to change from time to time. Bank will notify you of any change to Mobile Deposit or the terms and conditions by providing a link to the revised terms in the FNBApp. By continuing to use Mobile Deposit or clicking “I Accept” on the disclosure containing these terms in the FNBApp, you agree to the revised terms and conditions.
    
4. Security. You are strongly encouraged to mitigate the potential risks associated with mobile devices by ensuring the Mobile Device is password protected and employing other security features that may be available. You are solely responsible for maintaining the confidentiality and security of your Mobile Device, access numbers, passwords, security questions and answers, account numbers, log in information and any other security or access information used by you to access your Mobile Device or Mobile Deposit. Any deposit made by use of the Mobile Deposit will be deemed to be authorized by you if initiated by entry of your valid log-in credentials. Thus, use of your valid log-in credentials to make a deposit to your account by use of Mobile Deposit by someone other than you will be at your sole risk.
    
5. Service Availability. Maintenance for Mobile Deposit may be performed from time to time resulting in service interruptions or delays. Likewise, when using Mobile Deposit you may experience technical or other difficulties that are outside of Bank’s control. Bank shall have no liability for such interruptions or delays; any resulting damages that you may incur as a result of any such interruption, delay or difficulty; or, the unavailability of Mobile Deposit. If the service is not available, you may make deposits using other channels offered by Bank, such as at a branch, night depository (where available) or by use of Bank-by-Mail.
    
6. Deposit Limits. We reserve the right to impose limits on the amounts and/or number of deposits that you may make by use of Mobile Deposit; and, to modify such limits from time to time, without notice to you. Mobile Deposit has a daily limit of $5,000 in the aggregate and no single item may exceed the amount of $5,000. Items transmitted in excess of these limits may result in rejection of the deposit.
    
7. Eligible/Ineligible Items. You agree to only use Mobile Deposit to deposit Original Checks that are payable to you and/or a joint owner on the account to which the item is to be deposited; and, that are properly endorsed by all payees. To be eligible, such checks must be payable in US Dollars; be drawn on or payable through a financial institution located in the United States; contain a MICR line meeting ANSI MICR standards; be currently dated; be payable for a Sum Certain; bear the signature of the maker; and meet the endorsement requirements in section 8 below. The types of checks you cannot deposit by use of Mobile Deposit, include:
   • a.  Checks made payable to any person or entity other than you or a joint owner on the account to which the deposit is being made; or, to you and any person other than a joint owner on the account to which the deposit is being made.
   • b.  Checks that are not in original form with an original signature, such as substitute checks or remotely created checks.
   • c.  Checks that are drawn on a financial institution located outside of the United States or that are denominated in a foreign currency.
   • d.  Checks that are postdated or dated more than 6 months prior to the date of deposit.
   • e.  Checks containing an obvious alteration to any of the fields on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; and,
   • f.  Checks for which you know or suspect a stop payment order has been issued or for which there are insufficient funds in the account on which the check is drawn.
   • g.  Further, you agree that you will not present any check to Bank or any other financial institution for deposit, payment or collection whether by physical presentment or by mobile or remote capture, which has been collected, or for which an image was previously transmitted to Bank for collection that was not subsequently rejected by Bank or charged back to your account as a return deposited item.
      
8. Endorsement. You agree to restrictively endorse any check transmitted to Bank by use of Mobile Deposit as “For Mobile Deposit Only”, with the proper endorsement of all payees and indicating the First National Bank Alaska account number to which the item is being submitted for deposit. Endorsements must be made on the back of the check within 1 1/2 inches from the top edge, although we may accept endorsements outside of this area. For a check payable to you and any joint owner(s) of the account to which it is being submitted for deposit, the item must be endorsed by all such payees. For a check payable to you or your joint owner, either of you may endorse the item.
    
9. Image Quality. Images of the front and back of a check transmitted to Bank by use of Mobile Deposit must be legible. The image quality of such checks must comply with the requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency or clearing house association.
    
10. Deposit Cut-Off Time. Deposits made using Mobile Deposit may be submitted at any time of day, seven days a week, including weekends and federal holidays. To be effective the same day, deposits made by use of Mobile Deposit must be received by Bank prior to 4:00 pm, Alaska Prevailing Time. Deposits received by Bank after this time or that are received on a Saturday, Sunday or a day that is a holiday observed by Bank or the Federal Reserve, will not be credited to your account until the next following business day on which the Federal Reserve is also open.
     
11. Receipt of Items, Acceptance by Bank and Availability. Bank reserves the right to reject any check transmitted to Bank by use of Mobile Deposit at our discretion without liability to you. We are not responsible for processing or transmission errors that may occur, for items we do not actually receive or for images that are dropped during transmission. When Bank receives a check image, Bank will confirm receipt via the deposit status within the FNBApp. Bank shall not be deemed to have accepted the check image for deposit processing until the status is updated to “Accepted”. Receipt of such confirmation does not mean the transmission was error free or complete. Bank may process the check image by preparing a substitute check or clearing the item as an image. Funds from checks deposited by use of Mobile Deposit that are accepted by Bank shall be made available to you pursuant to Bank’s Funds Availability Policy Disclosure that was provided to you at account opening or as revised. Bank will give only provisional credit until full collection is final for all checks presented to Bank by use of Mobile Deposit.
     
12. Storage and Destruction of Original Check. After you receive confirmation Bank has provisionally accepted a deposit via a status message of “Accepted” in the FNBApp or you have confirmed the deposit has posted to your account, you agree to clearly mark the check as “Electronically Presented” or “Void”. You agree to retain the check for a period of ten (10) days from the date the deposit of such check was provisionally accepted by Bank, or for such longer time as Bank may request with respect to any specific check in Bank’s sole discretion from time to time. You are solely responsible for protecting all such checks from destruction, alteration or theft during such retention period. After such retention period has elapsed, you agree to destroy the check by cross-cut shredding or other prudent means, to ensure it cannot be presented again. You are solely responsible for any cost associated with the storage and destruction of such checks.
     
13. Return Items. If a check presented to Bank by use of Mobile Deposit is returned unpaid by the drawee bank, Bank will charge your account for the amount of such item and any associated fee and provide you with an image of the Original Check, a paper reproduction of the Original Check or a substitute check. If a drawee bank or third party makes a claim to Bank with respect to any check presented to Bank by use of Mobile Deposit, Bank reserves the right to provisionally withhold your ability to withdraw the amount of such item from your account pending investigation and resolution of the claim.
     
14. Duty to Notify Bank. You will promptly examine confirmations and account statements furnished by Bank and will notify Bank immediately, and in no event later than 14 days after receipt, of any error, unauthorized transaction or irregularity contained therein related to Mobile Deposit You will immediately notify Bank of any fact or circumstance that causes you to know or believe that an unauthorized item(s) has been or may be transmitted to Bank in your name or the security of Mobile Deposit has been or may be compromised. Bank will have no liability to you or any owner of the deposit account affected unless you bring an action against Bank to establish liability within one year after the earlier of: (a) the date on which you learn of the act or omission giving rise to that liability; and, (b) the date which is one week after Bank furnishes (electronically, by mail, or otherwise makes available as prescribed by you) a confirmation, account statement, or other notice that discloses or reveals the act or omission giving rise to the liability.
     
15. Termination. Bank may terminate your ability to use Mobile Deposit if (a) we suspect fraud; (b) you misuse  Mobile Deposit; (c) you have excessive overdrafts or returned deposit items; or, (d) for other reasons in Bank’s sole discretion.
     
16. Ownership and License. You agree that Bank and/or its third-party service providers retain all ownership and proprietary rights in Mobile Deposit, associated content, technology and website(s). Your use of Mobile Deposit is subject to and conditioned upon your compliance with these terms and conditions. You may use Mobile Deposit only for non-business, personal use. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Mobile Deposit.
     
17. UCC Warranties. The warranties deemed given by a depositor of a check to a bank under the Uniform Commercial Code (UCC), as applicable in the State of Alaska, shall also apply to any image or electronic representation of an Original Check, substitute check or item purporting to be a substitute check transferred by you to Bank as if such image or electronic representation were a paper check within the meaning of the UCC, except to the extent that such warranties are superseded by Federal Regulation CC, subpart D, implementing the Check Clearing for the 21st Century Act (collectively hereinafter “Check 21”). The above warranties are deemed given to Bank and any person, company or bank to which Bank transfers, presents or returns any such image or electronic representation, or any substitute check created by Bank from such image or electronic representation.
     
18. Indemnity. Bank is only responsible for performing its obligations relating to Mobile Deposit as expressly set forth herein. Bank takes reasonable security precautions in storing and transmitting private data communications. However, Bank cannot guarantee the system(s) used to provide Mobile Deposit and/or your account information will be absolutely secure from access by unauthorized users. You understand and agree that Bank is not liable for any claim, loss, cost, or expense resulting from interception of, or other unauthorized access to, any such data. Bank will incur no liability to you for acts of commission or omission, for any error in judgment, or for any act done or step taken or omitted by Bank in good faith, or anything which it may do or refrain from doing in connection with these terms and conditions, except gross negligence or willful misconduct. Bank will incur no liability for errors or delays in processing caused by fire, earthquake, flood, war, riot, power failure, act of God or other circumstances beyond Bank’s reasonable control. Bank will incur no liability for consequential, indirect, special or punitive damage you may incur or suffer by reason of any act or omission of Bank. Furthermore, with respect to all claims or controversies raised, you will reimburse and indemnify Bank for, and hold Bank harmless against, any losses, liabilities, claims, actions, judgments, damages, expenses, or controversy of any kind arising out of or in connection with the performance by Bank of its duties and obligations hereunder, as well as the cost and expense including, but not limited to, reasonable attorney’s fees, of defending against any claim or liability arising out of or relating to this agreement. You shall fully indemnify Bank for any damages Bank suffers as a result of any indemnification or warranty it is deemed to have given to any bank or person in accordance with Section 229.53 of Check 21. The indemnities herein shall continue in full force and effect, notwithstanding the termination of Mobile Deposit.
     
19. NO WARRANTIES. BANK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION OR SERVICES DESCRIBED HEREIN, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY PARTY’S PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS. YOU HEREBY ACKNOWLEDGE THAT MOBILE DEPOSIT IS PROVIDED BY BANK STRICTLY ON AN “AS IS AND AS AVAILABLE” BASIS AND AGREE THAT YOUR USE OF MOBILE DEPOSIT IS AT YOUR OWN RISK. BANK IS NOT RESPONSIBLE FOR ANY CHARGE(S) YOU MAY INCUR FOR ACCESS TO INTERNET SERVICES. IN NO EVENT IS BANK LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF MOBILE DEPOSIT UNLESS EXPRESSLY STATED SO BY BANK IN WRITING.
     
20. Use Restricted to Lawful Purposes. You agree to use Mobile Deposit only for lawful purposes. You further understand that you are not permitted to, and agree not to, transmit any material in violation of any federal, state, local, or foreign law. You warrant that you will only transmit acceptable items for deposit and have handled the Original Checks in accordance with applicable laws, rules and regulations. You agree that files and images transmitted to Bank will contain no viruses or any other disabling features that may have an adverse impact on our network, data or related systems.