Online Services Supplemental Terms and Conditions
These Online Services Supplemental Terms and Conditions (the "Terms and Conditions") govern the Online Services (collectively, the "Online Services") offered by Commercial Bank, which includes the SMS and Alerts Service ("Mobile Texts") and the Commercial Bank Mobile Check Deposit Service ("Commercial Bank Mobile Check Deposit"). These Terms and Conditions are supplementary to the "Commercial Bank Online Banking Agreement" which governs Online Banking with us via cbtn.com (the "Website").
As used in these Terms and Conditions, "you" or "your" refers to the person(s) enrolling in or using the Online Services; and "Bank" "we", "us" or "our" refers to Commercial Bank and any agent, independent contractor, designee, or assignee we may, in our sole discretion, involve in the provision of the Online Services; "Account" means any personal, non-business deposit or loan account you have with the Bank which is accessible through Personal Online Banking; and "Account Terms and Conditions" means the agreements, disclosures, notices and related documents governing your Account, other than the Online Banking Terms and these Terms and Conditions.
By using any of the Online Services, you are agreeing to these Terms and Conditions and the terms and conditions contained in the Online Banking Terms. In our discretion, we may modify these Terms and Conditions at any time by providing notice to you of the modified terms. Your use of the Online Services after receipt of the notice will constitute your acceptance of the modified Terms and Conditions.
2. COMMERCIAL BANK MOBILE CHECK DEPOSIT
a. Description of Commercial Bank Mobile Check Deposit. Commercial Bank Mobile Check Deposit allows you to make deposits to your deposit Account remotely by scanning checks and transmitting images of such checks to us in compliance with our requirements. If we accept the image for collection, we will then attempt to collect the item by presenting the image or converting the image to a substitute check. Unlike traditional check deposits, you retain the original paper check when you use Commercial Bank Mobile Check Deposit. The manner in which these substitute checks or images are cleared, presented for payment, and collected will be determined by us in our sole discretion. We may change, modify, add or remove all or portions from Commercial Bank Mobile Check Deposit at any time, with or without notice to you.
b. Eligibility. We will determine whether you are eligible for Commercial Bank Mobile Check Deposit in our sole discretion. We may suspend or terminate your use of Commercial Bank Mobile Check Deposit at any time and without prior notice to you. If you violate the terms of Commercial Bank Mobile Check Deposit, then we also may use such actions as a basis to terminate your account relationship with us.
c. Commercial Bank Mobile Check Deposit Fees. Please refer to the Commercial Bank Fee Schedule regarding fees for Commercial Bank Mobile Check Deposit. In addition, other fees such as for returned items and overdrafts may apply.
d. Limits. We may impose limits on the dollar amount or number of deposits you make through Commercial Bank Mobile Check Deposit and such limits shall be provided to you when you access Commercial Bank Mobile Check Deposit. We may change such limits at any time at our discretion.
e. Technical Requirements. In order to use Commercial Bank Mobile Check Deposit, your smartphone, scanner and other equipment must meet the current technical requirements specified on our website, as such may change from time to time, and you must have access to the internet. When using Commercial Bank Mobile Check Deposit you may experience technical or other difficulties, such as problems with your scanner or transmission problems. We are not responsible for such technical or other difficulties. In particular, each image of a check you attempt to deposit using Commercial Bank Mobile Check Deposit must be legible, as determined by us. If your equipment produces check images that we determine are not of acceptable quality, we may reject your deposit. We are not responsible for problems arising out of your equipment, data transmission or Internet connections even if you are using equipment that meets our technical requirements.
f. Prohibited Checks. We may decline to accept any image of a check you submit through Commercial Bank Mobile Check Deposit in our sole discretion. Without limiting that discretion, you agree that you will only seek to deposit "checks," as that term is defined in the Federal Reserve's Regulation CC, 12 C.F.R. Part 229, that are collectible (i.e., properly payable) through Commercial Bank Mobile Check Deposit.
g. Your Representations, Warranties and Covenants. Each time you scan and submit check images to us for deposit through Commercial Bank Mobile Check Deposit, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the original paper check, and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement or otherwise to any person when we transfer, present or originate a transaction from the check image or a substitute check created from the check image. In addition, you make the following specific representations, warranties and covenants:
- Each check image is a complete and accurate representation of the back of a negotiable check;
- The check image is NOT in violation of Section f above, and otherwise is a check which you are authorized to deposit under these Terms and Conditions;
- Each check image satisfies our image quality standards, as specified by us from time to time;
- The original check used to create the image has not been previously deposited, duplicated or used to create another image or electronic fund transfer and you will not create duplicate images of the original check or deposit the same check in any manner;
- No subsequent transferees of your check image, or any substitute check created from your check image, including but not limited to Commercial Bank, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the check image or substitute check was presented for payment or returned instead of the original paper check;
- You are a person entitled to enforce the check, all signatures on the check are authentic and authorized, the check has not been altered or forged, the check is not subject to a defense or claim in recoupment of any party that can be asserted against you and you have no knowledge of any insolvency proceeding against the drawer;
- You are acting in compliance with these Terms and Conditions, the Online Services Agreement Terms, the Account Terms and Conditions and applicable law; and
- All information you have provided to us is complete, accurate and true.
Each time you scan and submit check images for deposit through Commercial Bank Mobile Check Deposit, you also warrant the following:
- you are entitled to transact the image;
- all signatures on the image are authentic and authorized;
- the image has not been altered;
- the image is not subject to a defense or claim in recoupment of any party which can be asserted against you;
- you have no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted image, the drawer; and
- if the image is a demand draft, creation of the image according to the terms on its face was authorized by the person identified as drawer.
In addition to these representations and warranties, you covenant that you will comply with these Terms and Conditions, the Online Services Agreement, the Account Terms and Conditions and applicable law.
h. Indemnification. In addition to the other indemnification provisions set forth in this Agreement, you agree to indemnify, defend and hold us harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys' fees) or other loss (collectively, "Claims") that arises from or relates to your use of Commercial Bank Mobile Check Deposit or your breach of the representations, warranties or covenants set forth in these Terms and Conditions, including without limitation, any such Claims relating to (a) any duplicate, fraudulent, altered or unauthorized check, check image or substitute check, (b) our acceptance of or creation of a check image or substitute check rather than requiring presentment of the original physical check, (c) any attempt to duplicate the presentation to us or any other depository institution of a check image through the presentation of the original physical check or any check image or substitute check derived from the original physical check, or (d) our inability to qualify as a holder in due course of any physical check or the check image of a physical check under the Uniform Commercial Code.
i. Endorsement. For any check deposited as an image through Commercial Bank Mobile Check Deposit, you must endorse the check as: "[signature] Deposit Only Commercial Bank" or as otherwise instructed by us before you scan the check. Checks received that are not endorsed in accordance with this provision may be rejected.
j. Receipt of Check Image. We are not responsible for check images we do not receive or that are dropped during transmission. A check image will be deemed received by us only when we provide an online confirmation receipt to you that we have received your check image. When we confirm receipt of your check image, the image will still be subject to review before we submit it for collection and may still be rejected for any reason in our sole discretion. A confirmation is not a representation, warranty or other indication that the check image will be presented for collection or will be honored by any collecting or paying bank. If we reject a check image received through Commercial Bank Mobile Check Deposit, then you may submit the original check by mail to us for processing unless we instruct you otherwise, or you may want to contact the drawer and have them reissue the check. If you do submit the original check for processing, we reserve the right to refuse to process it and may instead require you to have the check reissued.
k. Retention of Original Check. Once we have confirmed our receipt of your check image, you must mark the original check as "VOID" and retain the check for sixty (60) days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 60-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your Account, regardless of whether such action may cause your Account to not have sufficient funds, and to pay any associated fees. Immediately after this 60-day period, you must destroy the original paper check via secure means.
l. Return Items. You understand that we may convert items you deposit through Commercial Bank Mobile Check Deposit into substitute checks or images. As a result, in the event that your item is returned unpaid, you will only receive a copy of the substitute check or image.
m. Funds Availability. We generally apply the terms of the Commercial Bank Funds Availability Schedule to check images received via Commercial Bank Mobile Check Deposit as if we had received the original paper check. However, in addition to any exceptions specified in the Commercial Bank Funds Availability Schedule, we may delay availability of funds from any deposit you make through Commercial Bank Mobile Check Deposit at any time in our sole discretion, including due to any concern we may have regarding our ability to collect based upon any check image that you present.
n. Acceptable Use of Commercial Bank Mobile Check Deposit. You must fully comply with these Terms and Conditions, the Online Banking Terms, the Online Banking Terms, the Account Terms and Conditions and applicable law when you use Commercial Bank Mobile Check Deposit. If you breach these Terms and Conditions, we may immediately terminate your authority to use Commercial Bank Mobile Check Deposit.
o. No Warranty. YOUR USE OF COMMERCIAL BANK MOBILE CHECK DEPOSIT IS AT YOUR SOLE RISK. COMMERCIAL BANK MOBILE CHECK DEPOSIT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO COMMERCIAL BANK MOBILE CHECK DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
p. Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES RESULTING FROM YOUR USE OR INABILITY TO USE COMMERCIAL BANK MOBILE CHECK DEPOSIT, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
3. USER INFORMATION
You acknowledge that in connection with your use of the Online Services, the Bank and its affiliates and service providers, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Online Services (collectively “User Information”). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
4. RESTRICTIONS ON USE
You agree not to use the Online Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Online Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Online Services; or (iv) material or data that is gun or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Online Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Online Services, or any other third party to liability. You agree that you will not attempt to: (a) access any of the Online Services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner the provision of the Online Services, the security of the Online Services, or other customers of the Online Services, or otherwise abuse the Online Services.