Version 1.0, April 1, 2020
This FV Bank Online Banking Services Agreement, as amended from time to time, (“Agreement”) governs your use of and access to FV Bank’s Online Banking Services. Please read and download, save, and/or print a copy for your records.
Please read this Agreement carefully. This Agreement includes, among other things:
1. Overview of the Agreement, including definitions
2. A description of Online Banking Services
3. FV Bank Mobile Services
4. Electronic Fund Transfers Disclosure and Terms and Conditions
5. Prohibited uses of Online Banking Services
6. FV Bank’s limitations on liability for Online Banking Services
7. Certain other terms and conditions
ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
“Authorized Account Owner” means Primary Owner, Joint Owner or Authorized User, as applicable.
“Account” means Online Deposit Account, Online Savings Account and Certificate of Deposit (“CD”) offered by FV Bank.
“FV Bank,” “we,” “us” and “our” mean FV Bank International Inc. and any of its affiliates or direct or indirect subsidiaries.
“Business Days” are Monday through Friday. Saturdays, Sundays, federal holidays and local Puerto Rican Holidays are not included.
"Consumer” means a natural person who has an Eligible Account for which an Online Banking Service is requested.
“Due Date” means the date on which a payment becomes due to a Payee.
“Eligible Account” means an Account that is eligible for a Online Banking Service.
“Joint Owner” means an individual that is an Owner of an Eligible Account with the Primary Owner.
“Online Banking Services” means our online banking services available for certain Eligible Accounts that can be accessed at www.fvbank.us or accessed through our mobile applications. We may add, remove, change, or revise our Online Banking Services offered from time to time. Products and services offered by FV Bank or other affiliates of FV Bank are not Online Banking Services subject to this Agreement.
“Owner” means each person who is a named owner of an Eligible Account as indicated in our records.
“Payee” means an individual or entity to whom or which you make payment through the Online Banking Services or the individual or entity from which you receive payments.
“Payment Service” means any Vendor provided payment processing service available through the Online Banking Service.
“Primary Owner” is the individual Owner who is listed first on the Eligible Account in our records.
“Scheduled Delivery Date” means the date a payment is scheduled to be delivered to a Payee.
“Text” means a short electronic message sent and received between two or more mobile phones,
“Vendor” means any third-party service provider we may engage to perform functions for us under this Agreement.
“Website” refers to the FV Bank website, www.fvbank.us, through which the Online Banking Services are made available.
“You” and “your” means, as applicable, each Authorized Account Owner (including any Owner) of an Account.
Other capitalized terms are defined throughout the Agreement.
A. What’s Part of This Agreement
Online Banking Services allow you to access and manage your Account(s) with us online via a personal computer or other device equipped with supported browsers and other hardware and software set forth in Section II (J) of the Agreement and on the Website.
Certain Online Banking Services are also available as Mobile Services. Please review Section III, FV Bank Mobile Services Agreement, for information specific to Mobile Services.
Access to and use of Online Banking Services is subject to this Agreement and to the following, which are considered part of this Agreement as applicable to your Eligible Account(s):
- Terms or instructions appearing on a computer or mobile device screen when enrolling for, activating, accessing, or using any Online Banking Service; and
- FV Bank's rules, procedures and policies, as amended from time to time, that apply to the Online
Banking Service or any Eligible Account; and
- Debit Card Agreement and Disclosure; and
- FV Bank Deposit Agreement
B. Conflicts between Agreements
If this Agreement conflicts with any other agreements related to your Eligible Account or Online Banking Service, or the other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control with respect to the Eligible Account or Online Banking Service with which it is associated, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions of other agreements regarding your Eligible Account or Online Banking Service that do not appear in this Agreement will continue to apply.
C. Accepting the Agreement and Future Changes
Except as otherwise required by law, we may in our sole discretion change the terms of this Agreement from time to time and at any time. This may include adding new or different terms or removing terms from this Agreement. When changes are made, we will update this Agreement on the Website. The Website will be updated on or before the effective date of the revised Agreement, unless an immediate change is necessary as required by law or to maintain the security of the Website or for other legal reasons. You will be notified if we revise, modify or otherwise update this Agreement. Your use of any of the Online Banking Services after the effective date of the new version of this Agreement will constitute your acceptance of the new version of this Agreement.
D. Authorized Account Owners and Joint Owners
If an Eligible Account is owned by more than one person, each such person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and related Online Banking Services, to the extent allowed by the terms, conditions or governing provisions of the Eligible Account. We may rely and act on the instructions of any Authorized Account Owner. If we provide notice to one Joint Owner, all Joint Owners are deemed to have received notice. Access to certain Online Banking Services may require Joint Owners to have a unique username, password and other security devices or credentials that may be required by us.
II. FV Bank Online Banking Services
Subject to the terms of this Agreement, you may use the Online Banking Services to access, use, and manage your Eligible Accounts. The types of Online Banking Services are described generally in this Agreement and more fully on our Website and may change from time to time, at our sole option. You agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that can access the Online Banking Services and that you are responsible for all costs associated with same.
- Apply for, Open and fund additional Eligible Account(s) online
- View Eligible Account balance(s) and transactions
- Transfer funds between Eligible Accounts
- Transfer funds to or from accounts at other financial institutions
- Use person-to-person payment service to:
- Transfer funds to individuals or businesses
- Request and receive funds from individuals
- Make payments to Payees
- Request a Wire Transfer
- Receive Eligible Account statements
- Receive Online Banking Alerts
- Cancel or stop payment on certain transactions
- Send communications to us
- Add and manage beneficiaries
- Exchange Secure Message messages or chat with our Customer Care department
- Update your profile information
- Manage security settings on your Eligible Accounts
- Other Online Banking Services as they become available
B. Online Banking Services for Eligible Accounts
Below is a summary of the Online Banking Services that are available for each type of Account subject to this Agreement. Please note that not all Online Banking Services are available for each type of Account. Certain Online Banking Services are also available as Mobile Services. Please review Section III, FV Bank Mobile Services Agreement, for information specifically applicable to Mobile Services. Not all account types may be available or may be introduced at a later time.
C. Access to Online Banking Services and Your Obligations
You may access your Eligible Accounts through our Website. In order to do so you must have a username, a password and any other security devices or credentials we may require from time to time along with the required hardware and software as described in this Agreement or on the Website. You must comply with any security procedures and policies we may establish from time to time.
- Authorized Transactions: You agree to safeguard your username, password, other security devices or credentials and your Account number(s). If you give someone your Online Banking Service username, password and/or other security devices or credentials, you are authorizing that person to use the Online Banking Service in your name, and you are responsible for all transactions the person performs using your Online Banking Service username, password and other security devices or credentials. All transactions performed by that person, even those transactions you did not intend or want performed, are authorized transactions.
- Log Out: For your protection, log out after every Online Banking Service session and close your browser to ensure confidentiality.
- System Maintenance: At certain times, online access to some or all of your Eligible Accounts may not be available due to system maintenance or circumstances beyond our control. Our Customer Care associates may be contacted 24 hours a day, 7 days a week at firstname.lastname@example.org
D. FV Bank Deposits Agreement
FV Bank allows you to make deposits to your FV Bank account through ACH and other remotely initiated payment services.
1. Deposit Fees
There is no charge for Deposits, but other fees, such as for returned items and overdrafts, may apply. See our Service Fee Chart in the FV Bank Deposit Agreement.
We may impose limits on the dollar amount or number of deposits you make, and such limits shall be provided to you when you access Account. We may change such limits at any time at our discretion.
3. Prohibited Payments and /or Deposits
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Online Banking Services. The following types of payments are prohibited, and we have the right - but not the obligation to monitor for, block, cancel, and/or reverse such payments:
a. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States);
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments related to illegal gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
d. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes (2) are for the sale of items before the seller has control or possession of the item, (3) constitute money-laundering or terrorist financing, (4) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing.
Except as required by applicable law, in no event shall we or our Vendors be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section VII Other Terms and Conditions of any violations of the General Terms or the Agreement generally.
4. Information Authorization
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to us and our Vendors to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
5. Wireless Operator Data
In addition to Section 15 (Information Authorization), you acknowledge that FV Bank may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Online Banking Service and other Payment Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of our business relationship.
Subject to our obligations under applicable laws and regulations, neither we nor our Vendors shall have any liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor our Vendors shall be liable for any typos or keystroke errors that you may make when using the Online Banking Service or Payment Service. THE ONLINE BANKING SERVCIE AND PAYMENT SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS, BUSINESS AND PEOPLE WITH WHOM YOU ARE FAMILIAR. YOU SHOULD NOT USE THE ONLINE BANKING SERVICE TO SEND MONEY TO ANYONE THAT YOU DO NOT TRUST. SUBJECT TO OUR OBLIGATIONS UNDER APPLICABLE LAWS AND REGULATIONS, YOU AGREE THAT YOU, NOT WE , ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER PARTY WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE ONLINE BANKING SERVICE AND/OR PAYMENT SERVICE.
7. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, FV BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PAYMENT SERVICE. FV BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE PAYMENT SERVICE. FV BANK DOES NOT WARRANT THAT THE PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
8. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, FV BANK, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PAYMENT SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PAYMENT SERVICE OR WITH THE TERMS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE BANKING SERVCIE AND PAYMENT SERVICES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Online Banking Service and Payment Service and except as otherwise provided in these Terms, you agree to indemnify, defend and hold harmless FV Bank, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors or inability to use the Online Banking Service and/or Payment Service, or any violation by you of the terms of these Terms.
10. Vendor Release
You release us and our Vendors and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Payment Services. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
E. Payment Services Terms
1. Third-Party Service Providers (“Vendors”)
We use one or more unaffiliated third-party service providers (referred to as “Vendors”) to act on our behalf in maintaining, servicing and processing payment instructions related to Payment Services. However, we are the sole party liable to you and any third party for any payments or transfers conducted using the Online Banking Service and/or Payment Services. You agree that we have the right under this Agreement to delegate to Vendors all of the rights and performance obligations that we have under this Agreement, and that the Vendors will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. We and our Vendors may share with each other information about you and your Eligible Account for the purpose of providing Online Banking Service and/or Payment Services, including making payments, and obtaining repayment of advances and payment of fees and expenses. All of our Vendors are required to implement appropriate measures to protect the privacy and security of your non-public personal information.
2. Receipts and Transaction History
You may view your transaction history by logging into the Online Banking Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
3. Service Fees and Additional Charges
You are responsible for paying all fees associated with your use of the Online Banking Service and Payment Service. Any applicable fees will be disclosed on our website, in this Online Banking Services Agreement and/or within our FV Bank Deposit Agreement. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the amount of the fee from your Eligible Account.
4. Notices to You
You agree that we or our Vendor may provide notice to you by posting it on the web site, sending you an in-product message within the Online Banking Service, emailing it to an email address that you have provided, mailing it to any postal address that you have provided, or by sending it as a text message to any mobile phone number that you have provided, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
6. Intellectual Property
All other marks and logos related to the Online Banking Service and Payment Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us, and/or Payment Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Online Banking Service, the portion of the web site through which the Payment Services are offered, the technology related to the Website, Payment Services and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Online Banking Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so- called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
7. Acceptable Use
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Online Banking Service, regardless of the purpose of the use, and for all communications you send through the Online Banking Service. We and our Vendors have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Online Banking Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Online Banking Service or the portion of the Site through which the Online Banking Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Online Banking Service, or interfere or attempt to interfere, with the Site or the Online Banking Service; or (j) may cause us or our Vendors to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section VII OTHER TERMS AND CONDITIONS of any violations of the General Terms or the Agreement generally.
8. Failed or Returned Payment Instructions
In using the Online Banking Service and/or Payment Services, you are requesting that we or our Vendor attempt to make payments for you from your Eligible Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Account (for example, there are insufficient funds in your Eligible Account, or the Payment Instruction would exceed any overdraft protection limit of your Eligible Account, to cover the payment), the Payment Instruction may or may not be completed. In the event a Payment Instruction is processed resulting in a negative balance in your Eligible Account, you agree that:
a. You will reimburse us immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft associated with, if any, your Eligible Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by us or a third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Account, or the transaction would exceed the overdraft protection limit of your Eligible Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us to deduct all of these amounts from any Account you have at FV Bank.
9. Privacy of Others
If you receive information about another person through the Online Banking Service, you agree to keep the information confidential and only use it in connection with the Online Banking Service.
F. Online Banking Alerts
Automatic Alerts: We may automatically send you email and/or text alerts based on your preferences when certain changes or other events occur such as when you change your password or when a recurring transfer begins processing (“Automatic Alerts”). These Automatic Alerts help us to protect the security of your Online Banking Services.
Subscription Alerts: You may choose to sign up to receive certain email and/or text alerts related to your Alerts Eligible Account such as Eligible Account balances or when you have certain transactions. (“Subscription Alerts”).
The following apply to both Automatic Alerts and Subscription Alerts:
- While we do our best to provide timely Alerts with accurate information, you understand and agree that your Alerts may be delayed or prevented by a variety of factors that are outside our control. We do not guarantee the delivery or the accuracy of Alerts. We are not liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or a third party in reliance on an Alert.
- We do not include your password or full account number in Alerts. You acknowledge and agree that Alerts are sent to you without being encrypted and that they may include your name and some information about your Eligible Account(s). Depending on the Alert, information such as your Eligible Account balance, Payee names, or transaction amounts may be included. Anyone with access to your email will be able to view the content of these Alerts.
- We provide all Alerts as a courtesy to you, and they are for informational purposes only. We reserve the right to terminate Alerts at any time without prior notice to you.
1. General Terms:
We can transfer all or any of our rights and legal responsibilities under these terms without your permission provided any warranties are not affected. Your rights and duties under this Agreement apply only to you and cannot be transferred to any other person without our written permission. If we don’t enforce any part of these terms at any time, this will not stop us from doing so in the future. If any of these terms are found not to be valid or cannot be enforced in full or in part, the rest of the terms will continue to apply as normal.
2. Electronic Eligible Account Statements
Eligible Account transaction history and digital statements are available online to Primary Owners and certain Authorized Users.
G. Text Messages, Calls and/or Emails to You
H. Equipment and Software Requirements
You are responsible for obtaining, maintaining, and operating your own equipment used to access and perform Online Banking Services including but not limited to transactions and payments. We will not be responsible for any failure or errors resulting from the malfunction of your equipment. We support non-beta versions of browsers and platforms for accessing the Online Banking Services via our Website.
III. FV Bank Mobile Services
This Section III sets forth additional terms and conditions that shall apply if you use an Eligible Mobile Device to access our Mobile Services. Except where modified by this Section III, all terms and conditions applicable to Online Banking Services remain in effect. This Section III, in conjunction with the remainder of this Agreement, constitutes the entire agreement between us and you relating to the Mobile Services, supersedes any other agreements relating to the Mobile Services, and may only be amended in accordance with Section I.C of the Agreement. If there is a conflict between the terms of this Section III and any other agreement entered into between you and FV Bank, the terms of this Section III shall govern your use of the Mobile Services.
“Eligible Mobile Device” means (a) with respect to a Mobile App, a data-enabled cellular phone, tablet or other recognized mobile device that runs an FV Bank-supported version of the Android or Apple iOS platform, and (b) with respect to the Mobile Web, any cellular phone or other recognized mobile device that we support with the capability to access the internet.
“Mobile App” means the FV Bank software application available for download on Eligible Mobile Devices, through which Mobile Services may be accessed.
“Mobile Services” means the Online Banking Services available to Eligible Accounts through the Mobile Apps.
“Software” means (a) all software elements and peripherals, (b) related documentation and services, and (c) all upgrades and updates that replace or supplement the foregoing, as existing in the Mobile Apps. We reserve the right to change the Software at any time without prior notice.
C. Equipment and Related Obligations; Upgrades
The Software may not be compatible with every mobile device. FV Bank recommends that you use an Eligible Mobile Device, because they are the devices for which our Mobile Apps are designed. However, FV Bank does not represent or warrant the performance or operation of any Eligible Mobile Device. You are responsible for selecting an Eligible Mobile Device, and all issues relating to the operation, performance, and costs associated with such device are between you and your wireless telecommunications provider and/or the individual/entity who sold or provided you with such device.
Should you choose to access our Mobile Services, you are responsible for obtaining, maintaining, and operating an Eligible Mobile Device to achieve such access. FV Bank shall not be responsible for any failure or errors from the malfunction of your equipment.
For app-based services on mobile phones:
- Android (5.0 and higher) and iOS (9.0 and higher)
You also accept responsibility for making sure that you understand how to use your Eligible Mobile Device as well as the Software before you actually do so. You understand that we may change or upgrade the Software from time to time and that, in such event; you are responsible for making sure you understand how to use the Software as upgraded or changed. You also acknowledge that we may condition your continued use of the Software on your acceptance of upgrades of the Software. While your personal settings and preferences may be retained, there is still the possibility that they may be lost during such an upgrade process and you should verify your personal settings and preferences.
D. Access to Mobile Services; Lost or Stolen Devices
You may access the Mobile Services through an Eligible Mobile Device, and you understand that the terms of Section II.C., Access to Online Banking Services and Your Obligations, govern your access to the Mobile Services, including, without limitation: required security procedures; safeguarding your login credentials; and your obligations with respect to authorized and unauthorized transactions. The same login credentials (username, password and any other security devices or credentials) that allow you access to Online Banking Services via the Website shall apply to your access to the Mobile Services.
You agree to take every precaution to ensure the safety, security, and integrity of your accounts and transactions when using the Mobile Services. You agree not to leave your Eligible Mobile Device unattended while logged into the Mobile Services and to log off immediately upon the completion of each access session. If your Eligible Mobile Device is lost, stolen, or used without your authorization, you agree to make the appropriate or necessary changes to disable the use of the Eligible Mobile Device including contacting your wireless telecommunications provider to effectuate such change. You understand that there are risks associated with using a mobile device, and that in the event of theft, loss, or unauthorized use, your confidential information could be compromised. You accept those risks. FV Bank does not recommend the use of rooted or jailbroken devices to access your account online. Accessing your accounts with a rooted or jailbroken device increases the risk of your accounts being compromised.
E. Software and Mobile Services Limitations
1. Neither we nor our Vendors can always foresee or anticipate technical or other difficulties related to the Software. These difficulties may result in a loss of data or personal settings and preferences, dropped connections, disabled features, or other Mobile Services interruptions. Should this happen, review your transaction status to verify the status of any attempted transaction when you return to an area with wireless coverage or where you have access to a computer. Neither we nor any of our Vendors assumes responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Software, nor do we or our Vendors assume any responsibility for any disclosure of account information to third parties as a result of the action or inaction of you or your wireless telecommunications provider.
2. Neither we nor any of our Vendors assumes responsibility for the operation, security, functionality, or availability of any mobile device or wireless telecommunications network which you use to access Mobile Services.
3. You agree to exercise caution when using the Mobile Services on your Eligible Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
4. Information about your online banking activity is synchronized between the Software and the Website. Information (including transfer information) available via the Software may differ from the information that is available directly through the Website. Information available directly through the Website may not be available via the Software, may be described using different terminology, or may be more current than the information available via the Software, including but not limited to account balance information. The method of entering instructions via the Software also may differ from the method of entering instructions through the Website. Unless otherwise required by applicable law, we are not responsible for such differences, whether or not attributable to your use of the Software. Additionally, you agree that neither we nor our Vendors will be liable for any errors or delays in the content displayed via the Software, or for any actions taken in reliance thereon.
FV Bank does not currently charge a fee for using the Mobile App, but your wireless telecommunications provider for your Eligible Mobile Device or other third parties that you may utilize may impose fees to make that device data-capable, to exchange data between the Eligible Mobile Device and the Mobile App (as applicable), or based on the location of your use (e.g., fees for roaming or using your Eligible Mobile Device in a foreign country). Please check with your wireless telecommunications provider(s) about any such potential applicable fees, and please review your Deposit Agreement for other generally applicable account fees.
G. Software Use; Grant of License
You agree that your use of the Software provided to you by FV Bank to facilitate your use of the Mobile Services will be limited solely to access and use of the Mobile Services. FV Bank hereby grants you a limited, personal, non-exclusive, non-transferable license to install the Software on your Eligible Mobile Device for your personal use. You may not, nor shall you permit any third party to: (1) copy, decompile, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof; (2) rent, lease, lend, sell, redistribute, or sublicense the Software; or (3) otherwise exercise any other right to the Software not expressly granted in this Agreement. FV Bank may use a third party that is not affiliated with FV Bank to provide certain licensed Software to support the Mobile Services.
If you obtain a different Eligible Mobile Device, you may be required to download and install the Software to that different device under the same terms set forth in this Agreement. You agree to delete all such Software from your mobile device promptly if the license rights granted to you are terminated for any reason.
H. Ownership of Software
Nothing in this Agreement (including, without limitation, the license granted in Section III.G) conveys to you an interest in or to the Software, and we provide you only a limited right of use which we can revoke and terminate in accordance with Section VII.D. The Software is not sold to you, and all rights not expressly granted herein are reserved to FV Bank and its licensors. FV Bank and its licensors own all right, title, and interest in and to the Software. No license or other right in or to the Software is granted to you except for the rights specifically set forth in this Agreement.
Use of the Mobile Services involves the electronic transmission of personal financial information across the networks of your wireless telecommunications provider. Because we do not operate or control the wireless networks used to access Mobile Services, we cannot guarantee the privacy or security of wireless data transmissions. Upon receipt of your data or information, FV Bank will treat it in accordance with our privacy and security policies referenced in and accessible
J. Accessing Account Information and Services
FV Bank will not be liable for any losses resulting from circumstances over which we have no control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, war and other acts of hostility, severe weather, earthquakes, floods, or other such events. You acknowledge that there are alternate methods for accessing the information and processing the transactions provided by the Online Banking Service.
K. No Warranties
YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, FV BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FV BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
L. Limitation on Liability
IN NO EVENT WILL FV BANK OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR VENDORS BE LIABLE TO YOU FOR DAMAGES DUE TO OUR FAILURE TO COMPLETE A TRANSFER OR OTHER SERVICE. NEITHER FV BANK NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR VENDORS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF FV BANK IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IV. Other Terms and Conditions
A. Service Charges
There are FV Bank service charges for certain transactions and conditions, please see the Section V, Service Fees of the Deposit Agreement for details.
B. Other Fees and Charges
You can find the fees and charges (such as overdraft fees) that apply to all your Eligible Accounts in the Deposit Agreement, Section V, Service Fees. You may also incur fees and charges from:
- Your internet service provider.
- Your mobile device carrier or texting provider.
- Purchases of software programs; and
- Other third-party charges.
C. Service Hours
Online Banking Services are available 24 hours a day, 365 days a year — except during system maintenance and upgrades or when interrupted by circumstances beyond FV Bank's control.
However, Deposit, payments, transfers between FV Bank and accounts at other financial institutions, requests for wire transfers and transfers to and from other people using person-to-person payments can only be processed on Business Days.
D. Termination of Online Banking Services
If you close an Account, you will no longer have access to certain Online Banking Services. We may also suspend or terminate access to your Online Banking Services at any time, for any reason. We will provide prior notice of termination as may be required by law, but we may terminate your Account without notice if necessary, to maintain or restore the security of an Account or of our systems. Our suspension or any termination of your access to Online Banking Services will not affect any obligations or liability you might have under this Agreement.
E. Secure Message
Our Secure Message provides you with a safe, secure way to correspond with us and to send documents.
- When you use Online Banking to access Secure Message and send messages and documents to Customer Care, the content of your message will be transmitted using technology intended to protect your privacy.
- We are not responsible for any information sent by you through an email system other than Secure Message as it may not be secure and may be observed by third parties in its transmission.
- We need a reasonable amount of time to research and reply to your requests, although we will make every effort to respond to your message within 24 hours when sent via Secure Message. Messages sent outside Secure Message may not be held to the same response time.
F. Contact by FV Bank or Affiliated Parties
FV Bank employees may require your username for the purposes of authentication. However, no FV Bank employee, nor any company affiliated with FV Bank, will contact you via email or phone requesting your username in conjunction with your password. If you are contacted by anyone requesting this information, do not provide it, and please contact us immediately.
G. Making Inquiries on Transfers and Other Online Banking Services
If you have any questions about your electronic transfers or other Online Banking Services, you can contact us through the Online Banking Service Secure Message feature or you can email us at email@example.com or you can write us at FV Bank Customer Care, 270 Avenida Munoz Rivera Suite 1120, San Juan Puerto Rico 00918. If it is an emergency, you may call us at the phone number listed on our website at www.fvbank.us
H. Notices and Communications
Except as expressly provided otherwise in this Agreement, we will provide you notices, Alerts and other information regarding your Eligible Account or the Online Banking Service through electronic means (either email, text message, or by posting information on www.fvbank.us), or by other means available. To the extent that the information is sent via email or text message, it will be sent to either your Secure Message feature that you access through Online Banking on our Website or your external email address that you provided to us or to your enrolled mobile number, unless a different address has been specified in accordance with procedures we may establish from time to time. Any Eligible Account or Online Banking Service-related communication will be deemed to be sent on the first Business Day following the date on the communication. Any Eligible Account or Online Banking Service related communication posted on our Website or otherwise sent to you will be deemed to be delivered to and received by you and any Joint Owner on the third (3rd) Business Day following the date on the communication. We always reserve the right to communicate with you through the Postal Service or overnight courier.
I. Privacy and Data Security
You may not assign this Agreement to any other party. We may assign this Agreement to any directly or indirectly affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors and other third parties. K. No Waiver
We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
L. Governing law
This Agreement and our provision of the Online Banking Services are governed by the laws of Puerto Rico and applicable federal law, without regard to any different state/country laws that may govern your Accounts.
M. Rules of Interpretation
If any part of this Agreement is determined to be invalid or unenforceable, such determination will not affect the remainder of this Agreement.
N. Consent to Use of Technical Data
In connection with your use of our Services, you agree that FV Bank may collect and use technical data and related information, including but not limited to technical information about your Eligible 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 our Services. FV Bank may use this information to improve its products or to provide services or technologies to you.
You agree to defend, indemnify and hold harmless us, our third party Vendors and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
P. Export Controls
The Software and other programs, materials, tools, and technical data provided as part of the Online Banking Services may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all export control regulations. You also acknowledge that you, not FV Bank, have the responsibility to obtain such licenses to export, re-export or import as may be required. You agree not to export or re-export to individuals or entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export law.
You agree that we and our Vendors, as applicable, retain all ownership and proprietary rights associated content, technology, mobile applications and websites. You acknowledge and agree that all trademarks and service marks displayed on the website belong to us or an affiliate, except third party trademarks and service marks, which are the property of their respective owners. You are only permitted to use the content as displayed on this site as expressly authorized by us. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you may not reverse engineer or reverse compile any of our technology, including but not limited to, any technology associated with mobile or online banking.
R. User Conduct
In addition to the prohibitions described in Section V, you agree that you will not use the Software, or any content delivered to you as part of your use of the Mobile Services in any way that would:
(1) infringe any third party copyright, trademark, trade secret, patent, or other proprietary rights or rights of publicity or privacy, including any rights in the Software;
(2) interfere with or disrupt computer networks connected to the Software;
(3) interfere with or disrupt the use of Mobile Services by any other user; or
(4) use the Mobile Services in such a way as to gain unauthorized entry or access to the computer systems of others.
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