END USER TERMS
This service is provided to you by First Security Bank & Trust Company and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and First Security Bank & Trust Company. Section B of these End User Terms is a legal agreement between you and the Licensor.
FIRST SECURITY BANK & TRUST COMPANY TERMS AND CONDITIONS
Thank you for using First Security Bank & Trust Company Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 49794. To cancel your plan, text "STOP" to 49794 at anytime. In case of questions please contact customer service at 405-424-4341.
Terms and Conditions
- The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from First Security Bank & Trust Company. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
- The services are provided by First Security Bank & Trust Company and not by any other third party. You and First Security Bank & Trust Company are solely responsible for the content transmitted through the text messages sent to and from First Security Bank & Trust Company. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
- Acceptance of these Terms.
Your use of the Services constitutes your acceptance of this Agreement as it may be amended by First Security Bank. We will notify you of any material change via email or on our website (www.fsbokc.com) by providing a link to the revised Agreement or by delivering an updated Agreement via your mobile device, however you are solely responsible for periodically checking and updating the software application associated with First Security Bank Mobile. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, First Security Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
The Services may be unavailable due to system maintenance, technical difficulties or for any other reason. We assume no responsibility for any Service interruptions or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Services, in whole or part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. In the event that the Services are not available, you should deposit your original check at First Security bank or call us at (405-424-4341) to learn about other deposit options that may be available.
Limitations of Service.
Some of the Services have qualification requirements and First Security Bank reserves the right to change the qualifications at any time without prior notice.
- First Security Bank Mobile Deposit. The following terms and conditions apply specifically to your usage of First Security Bank Mobile Deposit.
- Eligible Items.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to First Security Bank shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Oklahoma. You agree that you will not use First Security Bank Mobile Deposit to scan and deposit any checks or other items shown below:
Checks or items payable to any person or entity other than you: including a check made payable to you and one or more persons or entities not named as an account holder on your depository account.
- Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
Checks or items that are not endorsed on the back of the check as specified in this Agreement.
Checks or items previously converted to a substitute checks, as defined in Reg CC.
Checks or items drawn on a financial institution located outside the United States.
Checks or items that are remotely created checks, as defined in Reg CC.
Checks or items dated more than six (6) months prior to the date of deposit.
Checks or items that have previously been submitted through the First Security Mobile Deposit or through a remote deposit capture service offered at any other financial institution.
Checks or items prohibited by First Security Bank current procedures relating to the First Security Bank Mobile Deposit or which are otherwise not acceptable under the terms of your account.
The image of an item transmitted to First Security Bank using First Security Bank Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by First Security, American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Endorsements and Procedures
A check must be endorsed exactly as it is made payable. Regulation CC endorsement standards restrict the endorsement of the payee to the top 1.5 inches of the check. Rubber stamp endorsements are acceptable on checks taken for deposit. You agree to follow any and all other procedures and instructions for use of First Security Bank Mobile Deposit as First Security Bank may establish from time to time.
Receipt of Items.
We reserve the right to reject any item transmitted through First Security Bank Mobile Deposit, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from First Security Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
- We may assess fees as set forth in the Fee Schedule, such as fees for returned items or fees for items dishonored on presentation to the financial institution on which drawn.
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using First Security Bank Mobile Deposit and to modify such limits from time to time. The maximum amount you may deposit on any given business day through First Security Bank Mobile is One thousand Five hundred dollars ($1,500.00). The maximum amount you may deposit during any twenty (25) business day period is five thousand dollars ($5,000.00).
- Errors. Pursuant to First Security Banks Customer Account Agreement, you agree to notify First Security Bank of any suspected errors regarding items deposited through First Security Bank Mobile Deposit no later than sixty (60) days after the applicable First Security Bank account statement is sent. Unless you notify First Security Bank within sixty (60) days, such statement regarding all deposits made through First Security Bank Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against First Security Bank for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in First Security Banks sole discretion subject to the Account Agreement & Disclosure governing your account.
- Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and Software (defined below) as specified by First Security Bank and Licensor (defined below). The hardware and Software requirements may change at any time at First Security Bank and Licensors discretion. First Security Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software license agreement you enter into directly with the third party software provider prior to your use of the downloadable application.
Any dispute concerning this Agreement or the Services shall be resolved in accordance with your Account Agreement and Disclosure.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
- Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
- License Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
- Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
- Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Limitations of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
U.S. Government Restricted Rights.
The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
- Content and Services
Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
1541 NE 23rd Street
OKC, OK 73111
e-Mail Transmissions are Unsecure
Notice: E-mail to First Security Bank & Trust Company is sent through unsecured channels. Please do not include account numbers, Social Security numbers, or other information you want to remain confidential within your e-mail message.