Please read these Agreements carefully before accessing or using this service. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.
a. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your account information, transfer funds, and conduct other banking transactions. To utilize Technology Credit Union’s (Tech CU) Mobile Banking service, you must be enrolled in Online Banking.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We also reserve the right to modify the scope of the service at any time.
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. Tech CU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
b. Use of Service. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any 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 the Software with your mobile device or for any loss or damage to any mobile device which may be caused by the Software or the installation process.
c. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements the credit union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this service is also subject to the Consumer Membership Account Agreements and Disclosures, Electronic Funds Transfer Agreement and Disclosure, Online Banking Agreement, Account Rate and Fee Disclosures, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees that might apply to your use of Mobile Banking.
d. Permitted Mobile Banking Transfers: Transactions in Mobile Banking are subject to the terms and limitations disclosed in the Consumer Membership Account Agreements and Disclosures, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You may transfer or withdrawal up to the available balance in your account at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. The credit union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
e. You represent and agree to the following by enrolling for Mobile Banking or by using the included services:
i. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the device you will use 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 Mobile Banking. You agree not to leave your device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your account.
iii. User Conduct: you agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity;(c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain 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 the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
v. Availability. We make no representation that any content or use of Mobile Banking is available for use in any location in the United States or outside of the United States.
vi. Limitations and Warranty Disclaimers.We and our service providers disclaim all warranties relating to Mobile Banking or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages.
f. Use of Technology Credit Union's Mobile Remote Deposit Capture (RDC) Service is subject to approval by Technology Credit Union ("Tech CU," "we," "us"). If you, the account-holder, are approved for RDC, you agree that use of RDC is subject to the following terms and conditions.
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 remote locations scanning both sides of checks and delivering the check images and associated deposit information to Tech CU or Tech CU's designated third party service provider.
2.Tech CU is not responsible for any technical difficulties you experience attempting 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 in application message. You agree that once you have received confirmation that we have successfully processed your RDC deposit, you will clearly mark"void" or shred or otherwise destroy the original of the item you deposited to avoid its being deposited again. You agree to defend, indemnify and 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 may become subject as a result of an item you deposited via RDC being presented for duplicate payment.
5.Users of Tech CU’s RDC service are limited to the amounts allowable for deposit as 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 States Treasury, or checks drawn on any state or local government of the United States. Checks must be payable to you and endorsed by you with the restrictive legend, "For Mobile Deposit only to Tech CU" consistent with the terms of the Tech CU Consumer Membership Account Agreements and Disclosures applicable to the account to which the deposit is made. You agree not to attempt to use RDC to deposit checks with any of 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 is fraudulent or otherwise not authorized by the owner of the account on which the check 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 check as 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 prior to the attempted deposit date; orviii. You have any reason to believe that the check will not be paid by the institution on which it is drawn.
6.The check image transmitted via RDC must be legible and compliant with requirements 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 but not limited to the categories of checks we will accept for deposit via RDC or endorsement requirements, with or without notice to you.
8.We may, at our sole discretion, refuse to accept any item presented for deposit via RDC. We will notify you via the method agreed with you if we do this. We will have no liability to you for declining to accept items presented for deposit via RDC.
9.Funds from any check deposited via RDC will be available to you after final collection from the institution on which it is drawn. If you make a deposit by 3 p.m. on a business day, your funds will generally be available for withdrawal by the next 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. We will 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 the periodic statement on which they appear.
11.You agree not to copy, reproduce, distribute or create derivative works from the content of the RDC service or to reverse engineer or reverse compile any technology used to provide the RDC service. Tech CU and our third party service providers, if any, retain all ownership and proprietary rights in the Services, associated content, technology and web sites.
12. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT 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 AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
13. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, 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 HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE MOBILE APP ON YOUR MOBILE dEVICE BECAUSE BY INSTALLING OR USING THE MOBILE APP ON YOUR MOBILE dEVICE YOU ARE AGREEING TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT. DO NOT INSTALL OR USE THE MOBILE APP IF YOU DO NOT AGREE TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT. IN ADDITION, WHEN YOU RECEIVE NOTICE OF ANY CHANGES TO THIS AGREEMENT, YOU MUST INDICATE YOUR ACCEPTANCE TO THESE CHANGES BEFORE USING THE MOBILE APP. IF YOU DO NOT AGREE TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR STORE THE MOBILE APP ON ANY MOBILE dEVICE.
We may refuse access to Card Manager at any time for noncompliance with any part of this Agreement.
Card Manager can be used on your mobile device to define controls for usage of your Tech CU 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 Card Manager 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 your cards on/off, and perform basic mobile banking functions such as viewing transactions.
In addition to your other agreements herein and any separate 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 install and use Card Manager and to create binding legal obligations for any liability you incur as a result of installing and using Card Manager, b) except as otherwise provided by applicable law, you understand that you are financially responsible for all uses of Card Manager by you and those who are authorized by you to use the data and information you provide to them to enable them to use Card Manager including, without limitation, your password, verification information, and account information, c) you are responsible for any fees and charges assessed by us for use of Card Manager or those associated with your debit and credit cards, and c) you will only install and use Card Manager for yourself and not for any other person 2. You agree that all of the information you provide in the enrollment process and at all other times is accurate, current, complete and true. 3. You are responsible for maintaining the accuracy and confidentiality of all information you provide when enrolling cards into Card Manager and using Card Manager including, without limitation, your password, verification information and card information and all transactions and other activities that occur using Card Manager whether supplied to you by us or provided by you during the registration process. 4. You may not, and you agree not to, transfer or assign your use of, or access to Card Manager to any third party. 5. You authorize us to provide access to your enrolled accounts through Card Manager. 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 any information about your accounts that you receive when using Card Manager, including without limitation, confirmation of transactions, does not replace your periodic account statement(s), which is the official record of your accounts. 8. You agree to indemnify, defend, and hold us and our Third Party Licensors (defined above) and our and their respective directors, officers, employees and agents, harmless from and against any and all claims, liability, damages, costs and expenses, including reasonable attorney’s fees, penalties and fines that result from or arise out of (i) your violation of this Agreement or your unauthorized or misuse of Card Manager; (ii) transactions conducted using Card Manager; (iii) failed, delayed, or misdirected delivery of, any information sent using Card Manager; (iv) any errors in information sent through Card Manager; (v) any action you may or may not take in reliance on the information provided when using Card Manager; and (vi) any disclosure of information provided by you including, without limitation, your account information to third parties resulting from your use of Card Manager. Your obligation under this paragraph shall survive termination of your use of Card Manager or this Agreement.
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 push notifications 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 the Alerts 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 changes to 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 provider or 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 cannot guarantee 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 Alerts but 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 screen on 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 Member Service 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.
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 accordance with 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 you can 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 Manager on 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 use Card 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 (including rent, 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 of updates, 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.
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 use of 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 you in 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 violate and/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 copies or portions thereof of Card Manager.
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 of service.
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 services at 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 without notice 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 responsible for 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 on your mobile device and enrolling your accounts to use Card Manager shall be governed by our privacy policies.
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 any services 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 Card Manager 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 wireless service 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 wireless service 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 responsibility for 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 providers because 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, and hold 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 against interference 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 create any 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 applicable statutory 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 personal injury, 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 or related 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 jurisdictions do 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 remedy fails 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 change or modification.
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 of the 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 be liable 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 computer software 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 connection with 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 disrupt Card 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. intentionally or 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.
You may not use or otherwise export or re-export any software used in connection with Card Manager except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, 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 of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using Card Manager, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any such software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The software used in connection with Card Manager is commercial computer software subject to RESTRICTED RIGHTS. In accordance with48 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.
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 Card Manager and this Agreement are subject to the exclusive jurisdiction and venue of the courts in California and you expressly consent to such jurisdiction and venue. This Agreement and all related documentation are and will be in the English language and the application of the United Nations Convention on Contracts for the International Sale of Good is hereby expressly waived and excluded. This Agreement is an electronic contract that sets out the legally binding terms of your use of Card Manager. You indicate your acceptance of this Agreement by clicking on the "Accept" button below in connection with your installation of Card Manager. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "Accept" button, you accept this Agreement and agree to the terms, 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 electronic form. You have the right to receive this Agreement in non-electronic form.
This Agreement applies only to Card Manager and its functionality. The terms of other disclosures and agreements between you and us, as may be amended from time to time, remain effective for all other aspects of your accounts and other services with us. In the event of a conflict between another agreement or disclosure you have with us and this Agreement, this Agreement shall control but only with respect to the subject matter of this Agreement.
The laws of the state of California, excluding its conflicts of law rules, govern this Agreement and license and your use of Card Manager. Your use of Card Manager may also be subject to other local, state, national, or international laws.