Pacific Crest Savings Bank

-TERMS and CONDITIONS

-END USER LICENSE AGREEMENT

Thank you for choosing to use the Pacific Crest Savings Bank Mobile App (“Application”). Please contact Client Services at www.clientservices@paccrest.com or 800.335.4126 with any questions that you have.

Please review the following Mobile Banking App and Deposit terms and conditions. If you agree to these terms, indicate your acceptance by clicking “I accept the Terms and Conditions of Use” below to proceed.

END USER TERMS

This service is provided to you by Pacific Crest Savings Bank and powered by a Third Party “Licensor” mobile technology solution. Section A of these End User Terms is a legal agreement between you and Pacific Crest Savings Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

PACIFIC CREST SAVINGS BANK TERMS AND CONDITIONS

TERMS and CONDITIONS

These Terms and Conditions are an addendum to the Online Banking Agreement (initial “Agreement) that you previously agreed to with Pacific Crest Savings Bank when you enrolled in Pacific Crest Savings Bank’s Online Banking services.

Except as expressly modified or supplemented in these Terms and Conditions, the terms and conditions of the Online Banking Agreement, as well as the Deposit Agreement and other disclosures and agreements that you have entered into with Pacific Crest Savings Bank remain in full force and effect.

You acknowledge that you have read and agreed to the terms and conditions in the Online Banking Agreement which apply to the Mobile Banking Services (“Services”). You also acknowledge and agree to these Terms and Conditions which supplement and amend the Online Banking Agreement, Deposit Agreement, and other agreements between you and Pacific Crest Savings Bank. You further acknowledge and agree that Pacific Crest Savings Bank may change, suspend, or discontinue the Services at any time and for any reason, with notice if required by law. You also agree that Pacific Crest Savings Bank may change these Terms and Conditions, with notice if required by law and that through your continued use of the Services after any such change and notice you have agreed to the amended terms.

1. Any charges for the Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Pacific Crest Savings Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The Services are provided to you by Pacific Crest Savings Bank and not by any other third party, even though Pacific Crest Savings Bank has contracted with other parties in order to provide the Services. You and Pacific Crest Savings Bank are solely responsible for the content transmitted through the text messages sent to and from Pacific Crest Savings Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
3. Services. Pacific Crest Savings Bank offers account balance inquiry, transaction information, internal account transfer, limited bill payments, and remote item deposit services (the “Services” or the “Mobile Banking Services”) to its Online Banking customers via a Supported Device, which means a wireless device (such as Android or iPhone).

   The services are accessible via a downloadable app. To enroll in Mobile Banking, you must have an active Online Banking account and a Supported Device. “Text Messaging” or “SMS” means a process that allows you to send and receive messages of up to 160 characters each using your Supported Device.

   1. Account Balance and Transaction History. Account balance and transaction history information provided via the Service reflects real-time information for the accounts that you access via Pacific Crest Savings Bank’s Online Banking Services. You acknowledge and agree that Pacific Crest Savings Bank is not responsible and cannot be liable for the inaccuracy or unavailability of any balance or transaction information that is unavailable, illegible or unreadable due to the services that you receive from your wireless carrier, because of the device that you are using to access the Services, or for any other reason beyond Pacific Crest Savings Bank’s control. You agree to contact us immediately at 800.335.4126 if any information you receive via the Service is unusual, suspicious, or appears to involve transactions that you have not authorized. We will send you only one message per request you send. We will not initiate or update text messages without a specific request from you to do so.
   2. Funds Transfer. You may transfer funds using the Service between accounts at Pacific Crest Savings Bank that you own and access via online banking, subject to the existing terms, restrictions, and conditions governing such accounts and transfers. Transfers made using Mobile Banking Services are posted to your account as soon as the transfer is confirmed/approved by you. Please refer to your Online Banking Agreement for terms, charges, restrictions, conditions, rights, and disclosures relating to funds transfers. Pacific Crest Savings Bank will not be responsible for any costs, fees, penalties, losses, or liabilities that you may incur if a transfer is delayed or not processed for any reason beyond Pacific Crest Savings Bank’s control.
   3. Bill Payment (available early 2015). You may make single payments to established payees or cancel a scheduled bill payment using the Services. Please access Bill Payer services from within your online banking service to perform other bill payer related activities, including adding payees, cancelling recurring payments, making expedited payments, or establishing recurring payments. Please refer to your Online Banking Agreement for the terms and conditions relating to the Bill Payer Service. Bill payments made using your Supported Device are subject to all limitations and deadlines for processing as set forth in the Online Banking Agreement.
   4. Mobile Deposit Service. The mobile deposit service allows you to make deposits of the electronic image of the front and back of a check, cashier’s check, referred to as an “Item”, to your checking or money market accounts at Pacific Crest Savings Bank by capturing an electronic image of the Item with the capture device (such as a camera) on your mobile device and submitting images and associated information to us for processing. Items are deemed to be “items” under the Uniform Commercial code and “checks” under the Expedited Funds Availability act and Regulation CC.
   1. Eligible Items. You agree that you will not use the remote deposit service to deposit any of the following Items:
      1. Items payable to any person or entity other than you;
      2. Items drawn on a financial institution located outside the United States
      3. Items containing obvious alteration to any of the fields on the front of the item, or which you know or suspect, or should know or suspect, are fraudulent;
      4. Items which are otherwise not acceptable under the terms of your checking or money market account;
      5. Items denominated in a currency other than U.S. dollars;
      6. Items which have been deposited, imaged, negotiated, or sent for collection previously, even if you have not been provided with a receipt of such deposit;
      7. Incomplete or unendorsed items.
   2. Image Quality and Duplicate Deposit. The image of an Item transmitted using the remote deposit service must be legible and clear. It must not be altered. It must capture all information from both the front and back of the Item, including the amount, payee name, date, check number, account number, routing and transit number, drawer signature, MICR line, endorsements, and other information written on the item. Image quality must comply with industry requirements established and updated by the ANSI, Federal Reserve Board and any other regulatory agency. Even if the Image contains all of this information, we reserve the right to not accept the image. If the Image that you transmit is not sufficient to satisfy our requirements, we may reject the image and will not process the deposit, without notice to you.
   3. Endorsement. You agree to properly endorse all Items captured and submitted using the remote deposit service. You agree that your endorsement will include the words “for Mobile deposit only” and will include the account number into which the Item will be deposited.
   4. Processing Time and Availability of Funds. If we receive an acceptable image of an Item for deposit on or before 4:00 p.m. Pacific Standard Time on a Business Day, we will deposit the same business day, subject to approval. If we receive an acceptable image of an Item for deposit after 4:00 p.m. Pacific Standard Time, or on a weekend or on a Non-Business Day, we will deposit it the next business day, subject to approval. For checks deposited into personal accounts, we may place a hold on the funds, though we will make the first $200 of the deposit available within one (1) business day after the day of deposit.
   5. Disposal and Safeguarding of Transmitted Items. You agree to safeguard and keep the original Item for no more than fourteen (14) days after you have transmitted the Item. You agree to verify that the funds have been credited to your account promptly and to contact us if you have not received credit for the Item. After fourteen (14) days following the date the Item was transmitted for deposit, if you have verified that the funds have been credited to your account, you agree to mark the Item as “VOID,” destroy the Item, and to prevent the Item in a manner that prevents it from being transmitted, imaged, deposited, or presented for payment or deposit at Pacific Crest Savings Bank or to any other person or bank. IF AN ITEM THAT YOU DEPOSIT IS PRESENTED OR DEPOSITED MORE THAN ONCE, WHETHER BY IMAGE OR BY ANY OTHER MEANS, WE MAY, AT OUR DISCRETION, REJECT IT OR RETURN IT AND CHARGE IT AGAINST YOUR ACCOUNT WITHOUT PRIOR NOTICE TO YOU. IN ADDITION, YOU AGREE TO INDEMNIFY US FOR ANY LOSS, LIABILITY, CLAIM, DAMAGES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT WE INCUR BECAUSE AN ITEM THAT YOU DEPOSIT IS PRESENTED OR DEPOSITED MORE THAN ONCE. THIS OBLIGATION SURVIVES TERMINATION OF THESE TERMS AND CONDITIONS.
   6. Other Restrictions and Limitations. You agree not to deposit items totaling more than $9,000 per day via Mobile Deposit Services. You agree that we may change these limits from time to time at any time upon prior notice to you.
   7. The electronic image of the Item will become the legal representation of the Item for all purposes. Items are deemed to be “items” under the Uniform Commercial code and “checks” under the Expedited Funds Availability act and Regulation CC. You authorize us to process any Image that you send us or convert an Image to a substitute check as defined in the Check Clearing for the 21st Century Act or an Image Replacement Document (“IRD”). You agree that you will not use the Service to deposit anything not defined as an Item or that does not meet our requirements.
   8. You agree that you will make deposits which do not meet these standards by visiting our branch(s), ATMs, or by other channels. You agree that we may terminate remote deposit service from your Supported Device at any time.
4. Usage and Location Monitoring. You acknowledge that in connection with your use of the Services, Pacific Crest Savings Bank and its service providers may receive information relating to your location, the location of your Supported Device.
5. You Acknowledge that Pacific Crest Savings Bank is not Responsible for Fees or Performance of Wireless Services and your Supported Device. Your wireless provider’s standard rates apply to Internet access, including messaging rates that apply to SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your Internet access and messaging plans. Your wireless provider may impose Internet access, message and/or charge limitations for using this service on your account that are outside of our control. All such charges are billed by and payable to your wireless provider. You are responsible for any charges from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider. You represent that you are the owner or authorized user of the Supported Device you use to receive the Service, 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. We may use the telephone or mobile phone number, e-mail 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 the Services. We will not be liable for any delays or failures in your ability to access the Service or in your receipt of any text messages, as access and messaging are subject to effective transmission from your network provider and processing by your Supported Device as well as delays and interruptions in the Internet. Mobile banking services including text messaging are provided on an AS IS, AS AVAILABLE basis. We 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 or, or inaccurate content in, the messages sent through mobile banking due to network or device failures or defects.
6. Security and Information Privacy. You understand and agree that mobile banking messages may not be encrypted and may 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 account activity and status of your accounts and other information that you or we may provide. You agree that we may use this information to contact you and to provide the Services to you. You also understand that we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. You agree to use the Services carefully, to keep your supported Device and passwords secure, to check your statements and transactions regularly and frequently, to report any errors or unusual transactions or activity to us immediately at 800.335.4126 and to cancel the Service immediately if you observe any unusual activity involving your accounts, the service, or your supported Device. If your Supported Device is lost or stolen, you agree to notify us immediately so that we can shut down your access to mobile banking. You also agree that we may cancel your Service immediately if we detect any unusual or suspicious activity involving your accounts or this Service. 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. We are not responsible or liable for the acts or policies of such service providers. You acknowledge that you have reviewed the Security Information located at www.paccrest.com/Security.
7. Usage. The Mobile Banking Service as well as the content and materials you may receive or access through your use of our Service are proprietary to us and our licensors, and are for your personal, non-commercial use only. You agree not to use the Service in any way that would (a) violate any law, statute, ordinance, or regulation, (b) be fraudulent or misleading, including without limitation, impersonation of another person or entity, attempting to gain unauthorized entry or access to the computer systems or accounts of others; (c) create liability for us or our service providers; (d) interfere with or disrupt the computer networks connected to the Service or disrupt or interfere with the use of the Service by any other user; or (e) be defamatory, unlawfully threatening or harassing, harmful to minors or excessive in quantity, or transmit materials that are harmful to our reputation, in our discretion.
8. Other Agreements. You agree that we may terminate or change the Services or your access to the Services, at any time and for any reason. You agree that you will obtain and maintain, at your expense, compatible hardware and software as specified by Pacific Crest Savings Bank, including an internet-enabled mobile device. We are not responsible or liable for the acts, omissions, systems or services provided by Licensor or for any of the provisions of Section B. Section B represents an agreement solely between you and the Licensor, and the terms and conditions in Section B) below do not apply to these Terms and Conditions or any of your other agreements with Pacific Crest Savings Bank.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software (“Application” or “App”) to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”). No license or other right in or to the Application or App is granted to you.
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferable license to install and use the Software (“Application” or “App”) in accordance with the terms of this Agreement. Such installation must occur in the United States. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You may not and will not allow or cause yourself or any third party to: (i) modify, revise or create any derivative works of the Software (“Application” or “App”); (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of, or modify the Software (“Application” or “App”); (iii) redistribute, export, resell, rent, lease, sublicense, or otherwise transfer any rights to the Software; or (iv) remove or alter any proprietary or intellectual property rights notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE (“APPLICATION” OR “APP”) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SOFTWARE (“APPLICATION” OR “APP”), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, APPLICATION, APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVCIES PERFORMED OR PROVIDED BY, THE SOFTWARE, APPLICATION WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, AND IT’S ASSOCIATED SERVICE PROVIDERS, OR THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE(“APPLICATION” OR “APP”), ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY LOSS DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL,DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, ARISING FROM OR RELATATED TO THE SOFTWARE, APPLICATION, APP AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, ERRORS, CONFIGUARTION OR INCOMPATIBILITY PROBLEMS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMUNICATIONS NETWORKS, OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. Consent to Use of Data. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, fraud prevention and other services to you (if any) related to the Application. Licensor may also use this information to improve its products or to provide service or technologies to you.
7. Termination. This License Agreement is valid until terminated by you or Licensor, or Pacific Crest Savings Bank. Licensor may terminate the License at any time or for any reason. Your rights under this License will terminate immediately if you breach any term of this License or Agreement. Upon termination of this License, you shall immediately discontinue use of the Application and delete all copies of the Application.
8. Additional Terms. Maps used to provide ATM/branch locator services are provided by Google, Inc. (“google”) and are subject to Google’s Terms of Use, which may be accessed at http://www.google.com/intl/en_us/help/terms_maps.html. You agree that we may share your geographical location (longitude/latitude) with Google when you use the service. You understand that Google’s privacy policy and security practices may differ from our standards. We assume no responsibility for, nor do we control, endorse or guarantee any aspect of your use of the Google Maps.
9. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
10. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Washington, without regard to any choice of law provision, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Washington and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
11. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.