NOTICE: Our San Francisco branch is temporarily closed due to shelter in place guidelines and the occasional impact this has on our ability to staff all of our branches. The following branches are open: Campbell, Cupertino, Dublin, Fremont, Milpitas, Palo Alto, San Jose, Santa Teresa, and Sunnyvale. Branch ATMs remain operational. Click here for branch locations and hours.

  • Agreement for Tech CU Mobile

    Pleaseread these Agreements carefully before accessing or using this service. Byaccessing or using the service, you agree to be bound by the terms andconditions set forth below. If you do not wish to be bound by these terms andconditions, you may not access or use the service.

    a.Mobile Banking is offered as a convenience and supplemental service to ourOnline Banking services. It is not intended to replace access to Online Bankingfrom your personal computer or other methods you use for managing your accountsand services with us. Mobile Banking allows you to access your accountinformation, transfer funds, and conduct other banking transactions. To utilizeTechnology Credit Union’s (Tech CU) Mobile Banking service, you must beenrolled in Online Banking.

    Wereserve the right to limit the types and number of accounts eligible and theright to refuse to make any transaction you request through Mobile Banking. Wealso reserve the right to modify the scope of the service at any time.

    Wemay offer additional Mobile Banking services and features in the future. Anysuch added Mobile Banking services and features will be governed by thisagreement and by any terms and conditions provided to you at the time the newMobile Banking service or feature is added and/or at the time of enrollment forthe feature or service, if applicable. From time to time, we may amend theseterms and modify or cancel the Mobile Banking services we offer without notice,except as may be required by law.

    MobileBanking may not be accessible or may have limited utility over some networkcarriers. In addition, the service may not be supportable for all devices. Thecredit union cannot guarantee and is not responsible for the availability ofdata services provided by your mobile carrier, such as data outages or"out of range" issues. Your wireless carrier may assess you fees fordata or text messaging services. Please consult your wireless plan or providerfor details.

    b.Use of Service. You agree to accept responsibility for learning how to useMobile Banking in accordance with the instructions and agree that you willcontact us directly if you have any problems with Mobile Banking. We may modifythe service from time to time at our sole discretion. In the event of anymodifications, you are responsible for making sure you understand how to useMobile Banking as modified. You also accept responsibility for making sure thatyou know how to properly use your device and we will not be liable to you forany losses caused by your failure to properly use the service or your device.You will not hold the Credit Union liable for any incompatibility of theSoftware with your mobile device or for any loss or damage to any mobile devicewhich may be caused by the Software or the installation process.

    c.Other Agreements. You agree that, when you use Mobile Banking, you remainsubject to the terms and conditions of your existing agreements the creditunion except as expressly otherwise stated herein; and with any unaffiliatedservice providers, including, but not limited to, your mobile service providerand that this agreement does not amend or supersede any of those agreements.You understand that those agreements may provide for fees, limitations andrestrictions which might impact your use of Mobile Banking (such as data usageor text messaging charges imposed on you by your mobile service provider foryour use of or interaction with Mobile Banking), and you agree to be solelyresponsible for all such fees, limitations and restrictions. You agree thatonly your mobile service provider is responsible for its products and services.Accordingly, you agree to resolve any problems with your provider directlywithout involving us.

    Anydeposit account, loan or other banking product accessed through this service isalso subject to the Membership and Account Agreement, Electronic Funds TransferAgreement and Disclosure, Online Banking Agreement, Account Rate and FeeDisclosures, and your loan agreements. You should review the accountdisclosures carefully, as they may include transaction limitations and feeswhich might apply to your use of Mobile Banking.

    d.Permitted Mobile Banking Transfers: Transactions in Mobile Banking are subjectto the terms and limitations disclosed in the Membership and Account Agreement,Electronic Funds Transfer Agreement and Disclosure, Account Rate and FeeDisclosures, and your loan agreements. You may transfer or withdrawal up to theavailable balance in your account at the time of the transfer, except aslimited under this agreement or your deposit or loan agreements. The creditunion reserves the right to refuse any transaction that would draw uponinsufficient or unavailable funds, lower an account below a required balance,or otherwise require us to increase our required reserve on the account. We mayprocess transfers that exceed your available balance at our discretion. If weprocess the transfer and unless your overdraft protection is provided via anOverdraft Line of Credit, you agree to cover any overdraft amount plus anyapplicable fees. We may limit the type, frequency and amount of transfers forsecurity purposes and may change or impose the security limits without notice,at our option. You agree to confirm the completion of each transfer in youraccount balance and transaction history before withdrawing transferred funds.

    e.You represent and agree to the following by enrolling for Mobile Banking or byusing the included services:

    i.Account Ownership/Accurate Information. You represent that you are the legalowner of the accounts and other financial information which may be accessed viaMobile Banking. You represent and agree that all information you provide to usin connection with Mobile Banking is accurate, current and complete, and thatyou have the right to provide such information to us for the purpose of usingMobile Banking. You agree not to misrepresent your identity or your accountinformation. You agree to keep your account information up to date andaccurate. You represent that you are an authorized user of the Device you willuse to access Mobile Banking.

    ii.User Security. You agree to take every precaution to ensure the safety,security and integrity of your account and transactions when using MobileBanking. You agree not to leave your Device unattended while logged into MobileBanking and to log off immediately at the completion of each access by you. Youagree not to provide your username, password or other access information to anyunauthorized person. If you permit other persons to use your Device, logininformation, or other means to access Mobile Banking, you are responsible forany transactions they authorize and we will not be liable for any damagesresulting to you. You agree not to use any personally identifiable informationwhen creating shortcuts to your Account.

    iii.User Conduct: you agree not to use Mobile Banking or the content or informationdelivered through Mobile Banking in any way that would: (a) infringe anythird-party copyright, patent, trademark, trade secret or other proprietaryrights or rights of privacy, including any rights in the Software; (b) befraudulent or involve the sale of counterfeit or stolen items, including, butnot limited to, use of Mobile Banking to impersonate another person or entity;(c) violate any law, statute, ordinance or regulation (including, but notlimited to, those governing export control, consumer protection, unfaircompetition, anti-discrimination or false advertising); (d) be false,misleading or inaccurate; (e) create liability for us or our affiliates orservice providers, or cause us to lose (in whole or in part) the services ofany of our service providers; (f) be defamatory, trade libelous, unlawfullythreatening or unlawfully harassing; (g) potentially be perceived as illegal,offensive or objectionable; (h) interfere with or disrupt computer networksconnected to Mobile Banking; (i) interfere with or disrupt the use of MobileBanking by any other user; or (j) use Mobile Banking in such a manner as togain unauthorized entry or access to the computer systems of others.

    iv.No Commercial Use or Re-Sale. You agree that the Service is only for thepersonal or business use of individuals authorized to access your accountinformation. You agree not to make any commercial use of Mobile Banking orresell, lease, rent or distribute access to Mobile Banking.

    v.Availability. We make no representation that any content or use of MobileBanking is available for use in any location in the United States or outside ofthe United States.

    vi.Limitations and Warranty Disclaimers.
    We and our service providers disclaim all warranties relatingto Mobile Banking or otherwise in connection with this Agreement, whether oralor written, express, implied or statutory, including, without limitation, theimplied warranties of merchantability, fitness for particular purpose andnon-infringement. Neither we nor our service providers will be liable to you orany third party for any indirect, incidental, exemplary, special, punitive orconsequential damages of any kind, or for any loss of profits, business, ordata, whether based in statute, contract, tort or otherwise, even if we or ourservice providers, as applicable, have been advised of, or had reason to knowof, the possibility of such damages.

    f.Use of Technology Credit Union's Mobile Remote Deposit Capture (RDC) Service issubject to approval by Technology Credit Union ("Tech CU,""we," "us"). If you, the account-holder, are approved forRDC, you agree that use of RDC is subject to the following terms andconditions.

    1.RDC allows you to make check deposits to your Tech CU savings (share), checking(share draft) and/or money market (money market share) accounts from remotelocations scanning both sides of checks and delivering the check images andassociated deposit information to Tech CU or Tech CU's designated third partyservice provider.

    2.Tech CU is not responsible for any technical difficulties you experienceattempting to use RDC.

    3.To use Tech CU's RDC service, you must have a suitable mobile device.  

    4.When you make a successful RDC deposit, you will be notified by an inapplication message. You agree that once you have received confirmation that wehave successfully processed your RDC deposit, you will clearly mark"void" or shred or otherwise destroy the original of the item youdeposited to avoid its being deposited again. You agree to defend, indemnifyand hold Tech CU and any Tech CU third party service provider from any claims,damages, losses, liability or expenses to which we or our service provider maybecome subject as a result of an item you deposited via RDC being presented forduplicate payment. 

    5.Users of Tech CU’s RDC service are limited to the amounts allowable for depositas follows: 

    i.$10,000 per item 

    ii.$50,000 per calendar month

    6.Only the following items are eligible for RDC deposit: checks drawn on U.S.financial institutions in U.S. dollars, or checks drawn on United StatesTreasury, or checks drawn on any state or local government of the UnitedStates. Checks must be payable to you and endorsed by you with the restrictivelegend, "For Mobile Deposit only to Tech CU" consistent withthe terms of the Tech CU Member Handbook applicable to the account to which thedeposit is made. You agree not to attempt to use RDC to deposit checks with anyof the following characteristics:

    i.The check is not payable to you;
    ii. There is any apparent alteration to the front of the check;
    iii. You know or have reason to believe that the check isfraudulent or otherwise not authorized by the owner of the account on which thecheck is drawn;
    iv. The check is payable in a currency other than U.S. dollars;
    v. The check has been previously converted to a substitute checkas defined in the Expedited Funds Availability Act;
    vi. The check has been remotely created;
    vii. The date of issue of the check is more than 6 months priorto the attempted deposit date; or
    viii. You have any reason to believe that the check will not bepaid by the institution on which it is drawn. 

    6.The check image transmitted via RDC must be legible and compliant withrequirements established from time to time by the American National Standards Institute,the Board of Governors of the Federal Reserve, or any other regulatory agency,clearinghouse or association.

    7.We may terminate or change the terms of RDC service at any time, including butnot limited to the categories of checks we will accept for deposit via RDC orendorsement requirements, with or without notice to you.

    8.We may, at our sole discretion, refuse to accept any item presented for depositvia RDC. We will notify you via the method agreed with you if we do this. Wewill have no liability to you for declining to accept items presented fordeposit via RDC.

    9.Funds from any check deposited via RDC will be available to you after finalcollection from the institution on which it is drawn. Deposit by 3 p.m. on abusiness day and your funds will generally be available for withdrawal by thenext business day. Holds may apply.

    10.You agree to notify us of any errors with respect to RDC deposits within 30days after we send you the first periodic statement on which they appear. Wewill review your claim and correct any error on our part. We will not, however,be responsible for errors asserted more than 30 days after we send you theperiodic statement on which they appear.

    11.You agree not to copy, reproduce, distribute or create derivative works fromthe content of the RDC service or to reverse engineer or reverse compile anytechnology used to provide the RDC service. Tech CU and our third party serviceproviders, if any, retain all ownership and proprietary rights in the Services,associated content, technology and web sites.

    12. DISCLAIMER OF WARRANTIES. YOUAGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDINGTHAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND ASTO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEETYOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE ORERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BEACCURATE OR RELIABLE, OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BECORRECTED.

    13. LIMITATION OF LIABILITY. YOUAGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FORLOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE OF THESERVICES, INABILITY TO USE THE SERVICES, OR TERMINATION OF THE SERVICES,INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TECH CU HASBEEN INFORMED OF THE POSSIBILITY THEREOF.

    g. SendMoney powered by PayPal™ (when available)

    Youcan send money from your Tech CU account to another person through Tech CU'sMobile banking. The service is powered by PayPal; you just have to specify therecipient's email address or cell phone number. To receive money, yourrecipient must have (or open a new) PayPal account. There is a limit of $500per day and $5,000 per month for outgoing Send Money transactions. There is afee for Send Money transaction. Please refer to the Tech CU Fee Schedule forthe amount. The fee will be deducted from the same account on which thetransfer takes place. If sufficient funds to cover the fee are not available inthe account on which the transfer takes place, the transaction will not becompleted. Your recipient has 30 days to claim the money. After 30 days, themoney is returned to your Tech CU account; the fee is not refunded.TechCU is not liable if inaccurate information is entered by the user, leading tofunds not being properly received. 

    h. TERMS OF USE FORTechnology Credit Union Card Manager

    "You," "Your," and other similar terms means the person whois an owner or authorized user on the accounts enrolled in the Card Managermobile application (" Card Manager"). "We", "us"and "our" means Technology Credit Union, (“Credit Union”). “Third Party Licensors” means the third partyand its licensors that have licensed Card Manager to us to make Card Manageravailable to you under these Terms of Use.The Third Party Licensors include all affiliates of the Third PartyLicensors that are involved in making Card Manager and its functionalityavailable to you.

    These Terms of Use ("Agreement") state the terms that govern your useof Card Manager in the United States. Such use is limited to the United States.This Agreement, together with all updates, additional terms, software licenses,collectively constitute the "Agreement" which is the entire agreementbetween you and us concerning your use of Card Manager.

    PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE MOBILE APPON YOUR MOBILE DEVICE BECAUSE BY INSTALLING OR USING THE MOBILE APP ON YOUR MOBILEDEVICE YOU ARE AGREEING TO EACH TERM, CONDITION AND DISCLAIMER IN THISAGREEMENT. DO NOT INSTALL OR USE THE MOBILE APP IF YOU DO NOT AGREE TO EACHTERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT. IN ADDITION, WHEN YOU RECEIVE NOTICE OF ANYCHANGES TO THIS AGREEMENT, YOU MUST INDICATE YOUR ACCEPTANCE TO THESE CHANGESBEFORE USING THE MOBILE APP. IF YOU DONOT AGREE TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT, YOU ARE NOTAUTHORIZED TO DOWNLOAD OR STORE THE MOBILE APP ON ANY MOBILE DEVICE.

    We may refuse access to Card Manager at any time for noncompliance with anypart of this Agreement.

    DESCRIPTION OF SERVICE

    Card Manager can be used on your mobile device to define controls for usage of your Credit Union debit and credit cards. You can set preferences for Alerts to be received on your mobile device when transactions using the cards you have enrolled in CardManager are made or attempted. You can control when and where your enrolled cards can be used as well as view and act on instant Alerts when transactions using your enrolled cards are processed, perform card management functions such as turning yourcards on/off, and perform basic mobile banking functions such as viewing transactions.

    YOUR AGREEMENTS WHEN YOU INSTALL OR USE THE MOBILE APP

    In addition to your other agreements herein and anyseparate agreements between you and us concerning your debit or credit cards:

    1. You represent and warrant that a) you are of sufficient legal age to installand use Card Manager and to create binding legal obligations for any liabilityyou incur as a result of installing and using Card Manager, b) except asotherwise provided by applicable law, you understand that you are financiallyresponsible for all uses of Card Manager by you and those who are authorized byyou to use the data and information you provide to them to enable them to useCard Manager including, without limitation, your password, verificationinformation, and account information, c) you are responsible for any fees andcharges assessed by us for use of Card Manager or those associated with yourdebit and credit cards, and c) you will only install and use Card Manager foryourself and not for any other person
    2. You agree that all of the information you provide in the enrollment processand at all other times is accurate, current, complete and true.
    3. You are responsible for maintaining the accuracy and confidentiality of allinformation you provide when enrolling cards into Card Manager and using CardManager including, without limitation, your password, verification informationand card information and all transactions and other activities that occur usingCard Manager whether supplied to you by us or provided by you during theregistration process.
    4. You may not, and you agree not to, transfer or assign your use of, or accessto Card Manager to any third party.
    5. You authorize us to provide access to your enrolled accounts through CardManager.
    6. You are responsible for any and all charges, including, but not limited to,fees otherwise applicable to your account(s) charged by us

    7. Card Manager is provided for your convenience and anyinformation about your accounts that you receive when using Card Manager,including without limitation, confirmation of transactions, does not replaceyour periodic account statement(s), which is the official record of youraccounts.
    8. You agree to indemnify, defend, and hold us and our Third Party Licensors(defined above) and our and their respective directors, officers, employees andagents, harmless from and against any and all claims, liability, damages, costsand expenses, including reasonable attorney’s fees, penalties and fines thatresult from or arise out of (i) your violation of this Agreement or yourunauthorized or misuse of Card Manager; (ii) transactions conducted using CardManager; (iii) failed, delayed, or misdirected delivery of, any informationsent using Card Manager; (iv) any errors in information sent through CardManager; (v) any action you may or may not take in reliance on the informationprovided when using Card Manager; and (vi) any disclosure of informationprovided by you including, without limitation, your account information tothird parties resulting from your use of Card Manager. Your obligation underthis paragraph shall survive termination of your use of Card Manager or thisAgreement.

    ALERTS VIA PUSH NOTIFICATIONS

    This Agreement also governs the alerts and other information (collectively “Alerts”) you receive via push notifications delivered through Card Manager. When you are logged into Card Manager you will receive a message asking if you want to allow pushnotifications by pressing “yes” or “no”. If you press “yes” for push notifications you have enabled the sending of Alerts depending on the preferences you set in Card Manager for your accounts. For example, you can set preferences to receive theAlerts via push notifications for information relating to locations where your card is being used; international authorizations; transaction and merchant type; amounts charged to your card; changes to controls or usage for a shared card; and changesto cardholder information. Instructions and specific information regarding how to set your preferences and Alerts available can be found within Card Manager itself. The Alerts are subject to the terms and conditions of your Internet service provideror wireless provider. Alerts may not be encrypted. Alerts can be delivered whether or not you are logged into Card Manager and whether or not your device is locked or in sleep mode. They may include your name and account information. We cannotguarantee timing or receipt of the Alert, as this may be affected by forces outside of our control. In the event that an Alert is delayed, or not received, we are not responsible for any related impacts. We will not charge a fee for sending Alertsbut your wireless provider or internet service provider might charge a fee depending on your plan. If you do not wish for others to see your Alerts, you should establish a passcode lock on your device, lock it when not in use, and guard the screenon your device when it is unlocked. We may terminate the alerting service at any time. To manage Alerts including to change or turn off Alerts, you can log into Card Manager and turn off “Notifications” within Card Manager or contact our MemberService and they will walk you through how to turn off Alerts on your mobile device. We will never send an Alert that asks you to supply any sensitive personal or financial information such as your social security number or your account number.If you receive such requests, do not respond and contact us immediately.

    LICENSE TERMS

    Subject to your compliance with this Agreement, you are hereby granted a personal, nonexclusive, fully-revocable and nontransferable sublicense (“license”) to install, access and use Card Manager on mobile devices that you own or control in accordancewith this Agreement. This license is subject to the terms of the license for Card Manager granted to us by our Third Party Licensors. All rights not expressly granted to you by this Agreement are hereby reserved by these Third Party Licensors.Nothing in this license entitles you to receive hard-copy documentation, technical support, telephone assistance or updates or upgrades to Card Manager. This license and Card Manager can be terminated at any time by us without notice to you and youcan terminate this license and Card Manager at any time by uninstalling Card Manager from your mobile device or stopping use of Card Manager; provided, however, that you remain responsible for transactions conducted and fees incurred using Card Manageron the device on which it is installed, to the extent your liability is not prohibited by law.

    Card Manager is licensed, not sold, to you for use only under the terms of this Agreement.

    This license does not allow you to useCard Manager on any device or product that you do not own or control, and you may not distribute or make Card Manager available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (includingrent, lease, lend, sell, redistribute or sublicense) Card Manager. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Card Manager, any updates, or any parts ofupdates, except regarding use of open source elements components included with Card Manager. Any attempt to do so is a violation of the rights of our Third Party Licensors. If you breach this restriction, you may be subject to prosecution and damages.The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Card Manager and functionality, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.Notwithstanding the foregoing, we are not obligated to upgrade Card Manager.

    TECHNICAL DATA

    By using Card Manager, you acknowledge and accept that we and our Third Party Licensors may collect and use technical data and related information including, but not limited to, technical information about your mobile device, system and application software,and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Card Manager. You understand that full use of Card Manager requires you to have a card accountwith us and that personally identifiable information may be collected by us and our Third Party Licensors in conjunction with your transactions, consistent with federal law and our privacy policy.

    TERMINATION

    This Agreement and this license are effective upon your installation of Card Manager until terminated by you or us. We may terminate or suspend Card Manager at any time and we may limit or change functionality at any time. You may terminate your useof Card Manager at any time by deleting Card Manager from your mobile device and the services available through Card Manager will no longer be accessible to you. In addition, we may suspend or terminate your access at any time without notice to youin the event you breach this Agreement or in the event of suspected fraud with respect to your use of Card Manager or your accounts with us. Further, any rights granted herein are subject to termination with or without notice from us if you violateand/or fail to comply with any terms or conditions set forth herein. Once this Agreement and license are terminated, you are no longer entitled to use Card Manager and you shall cease all use of Card Manager, and destroy any legally made copiesor portions thereof of Card Manager.

    THIRD PARTY SERVICES

    Card Manager may enable access to third party services and web sites, including GPS locator websites such as Google, that allow you to find a branch. Use of the third party services may require Internet access and that you accept additional terms ofservice.

    To the extent Card Manager allows you to access third party services, we and our respective Third Party Licensors reserve the right to change, suspend, remove, or disable access to any part of the services or all of the servicesat any time without notice to you. In no event will we or our Third Party Licensors 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 withoutnotice or liability to you.

    You understand that we may offer to integrate our own and/or our Third Party Licensor’s and/or with third party services for your convenience. Further, you understand that we are not affiliated with, do not endorse, and are not responsiblefor these third party services. We are not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from ours. The personal data you may choose to give to us by means of installing Card Manager onyour mobile device and enrolling your accounts to use Card Manager shall be governed by our privacy policies.

    DISCLAIMER AND LIMIT OF LIABILITY

    You expressly acknowledge and agree that use of Card Manager is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Card Manager and anyservices performed or provided by Card Manager or us or our Third Party Licensors are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to CardManager and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment,and non-infringement of third party rights.

    Installation and use of Card Manager occurs across the networks of many wireless service providers. We do not operate or have any involvement or control with or over these networks or the wirelessservice providers. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect your ability to install and use Card Manager. Such circumstances include, but are not limited to, the unavailability of the wirelessservice for any reason, network delays, a breach of security or integrity of the network or wireless service, system outages, communications failure, limitations on wireless coverage and interruption of a wireless connection. We disclaim any responsibilityfor any wireless service or internet service used to access Card Manager.

    We and our Third Party Licensors disclaim any responsibility for the transmission of your personal information across the networks of wireless and internet providersbecause neither we nor our Third Party Licensors control these networks. By installing and using Card Manager you acknowledge and agree that the privacy of your personal information cannot be guaranteed and you assume full responsibility for, andhold us and our Third Party Licensors harmless from, any losses or damage you incur as a result of the transmission of your personal information when installing or using Card Manager.

    We and our Third Party Licensors do not warrant againstinterference with your enjoyment of Card Manager in any way, or that defects in the Card Manager application or services will be corrected. No information or advice given by us, our Third Party Licensors or our or their representatives shall createany warranty. Should the Card Manager application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicablestatutory rights of a consumer, so the above exclusion and limitations may not apply to you if you reside in those jurisdictions.

    To the extent not prohibited by law, in no event shall we or our Third Party Licensors be liable for personalinjury, or any punitive, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of orrelated to your use or inability to use Card Manager, however caused, regardless of the theory of liability (contract, tort or otherwise), even where we or our Third Party Licensors have been advised of the possibility of such damages. Some jurisdictionsdo not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you if you reside in those jurisdictions. The foregoing limitations will apply even if the above stated remedyfails of its essential purpose. We may amend, modify or cancel this Agreement, Card Manager or the functionality available at any time and without notice to you. You agree that your continued use of Card Manager constitutes your agreement to the changeor modification.

    YOUR ADDITIONAL AGREEMENTS WHEN INSTALLING OR USING THE Card Manager App

    You agree to immediately notify us of any unauthorized use of your password or other verification information, or any other breach of security. In case of unauthorized access to your device or your telecommunications service or any other compromise ofthe security for your mobile device that you use to access Card Manager, you agree to immediately cancel your registration associated with the compromised mobile device by calling our support center. Neither we nor our Third Party Licensors will beliable for any use of Card Manager or for transactions conducted using a mobile device that has been compromised.

    When installing and using Card Manager, you agree not to:

    a. impersonate any person or entity;
    b. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computersoftware or hardware or telecommunications equipment;
    c. spam or flood Card Manager;
    d. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of Card Manager or the software used in connectionwith the Mobile;
    e. remove any copyright, trademark, or other proprietary rights or notices contained on Card Manager;
    f. "frame" or "mirror" any part of Card Manager;
    g. use any robot, spider, site search/retrieval application,or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Card Manager or the contents of either;
    h. otherwise interfere with, or disruptCard Manager or the servers or networks connected to Card Manager, or violate this Agreement or any requirements, procedures, policies or regulations applicable to Card Manager or of any networks connected to Card Manager; or
    i. intentionallyor unintentionally violate any applicable local, state, federal, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by us (all of which shall constitute"Applicable Law") in connection with your installation and use of Card Manager.

    EXPORT RESTRICTIONS

    You may not use or otherwise export or re-export anysoftware used in connection with Card Manager except as authorized by UnitedStates law and the laws of the jurisdiction in which the software wasobtained. In particular, but withoutlimitation, the software may not be exported or re-exported (a) into any U.S.embargoed countries or (b) to anyone on the U.S. Treasury Department's list ofSpecially Designated Nationals or the U.S. Department of Commerce DeniedPerson’s List or Entity List. By usingCard Manager, you represent and warrant that you are not located in any suchcountry or on any such list. You alsoagree that you will not use any such software for any purposes prohibited byUnited States law, including, without limitation, the development, design,manufacture or production of nuclear, missiles, or chemical or biologicalweapons.

    U.S. GOVERNMENT RESTRICTED RIGHTS

    The software used in connection with Card Manager iscommercial computer software subject to RESTRICTED RIGHTS. In accordance with48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computersoftware and commercial computer software documentation), as applicable, theuse, duplication, and disclosure of the software by the United States ofAmerica, its agencies or instrumentalities is subject to the restrictions setforth in this Agreement.

    MISCELLANEOUS

    If any provision of this Agreement is determined by a courtof law to be illegal or unenforceable, such provision will be enforced to themaximum extent possible and the other provisions will remain effective andenforceable. All disputes relating toCard Manager and this Agreement are subject to the exclusive jurisdiction andvenue of the courts in California and you expressly consent to suchjurisdiction and venue. This Agreementand all related documentation are and will be in the English language and theapplication of the United Nations Convention on Contracts for the InternationalSale of Good is hereby expressly waived and excluded. This Agreement is an electronic contract thatsets out the legally binding terms of your use of Card Manager. You indicate your acceptance of thisAgreement by clicking on the "Accept" button below in connection withyour installation of Card Manager. Thisaction creates an electronic signature that has the same legal force and effectas a handwritten signature. By clickingon the "Accept" button, you accept this Agreement and agree to theterms, conditions and notices contained or referenced therein. When you click on the "Accept"button, you also consent to have this Agreement provided to you in electronicform. You have the right to receive thisAgreement in non-electronic form.

    RELATIONSHIP WITH OTHER AGREEMENTS

    This Agreement applies only to Card Manager and itsfunctionality. The terms of otherdisclosures and agreements between you and us, as may be amended from time totime, remain effective for all other aspects of your accounts and otherservices with us. In the event of aconflict between another agreement or disclosure you have with us and thisAgreement, this Agreement shall control but only with respect to the subjectmatter of this Agreement.

     

    GOVERNING LAW

    The laws of the state of California, excluding itsconflicts of law rules, govern this Agreement and license and your use of CardManager. Your use of Card Manager mayalso be subject to other local, state, national, or international laws.

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