My GVB Mobile Banking Agreement
The following Terms and Conditions (“Agreement”) apply to our Mobile Banking services MyGVB Mobile (defined below).
This agreement is a supplement to Golden Valley Bank’s Internet Banking Agreement. By accepting this Agreement and using MyGVB Mobile Banking, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of MyGVB Mobile Banking. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel the mobile services and features we offer from time to time without notice, except as may be required by law.
We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable.
Any deposit account accessed through this Service is also subject to the Deposit Account Terms and Conditions and Electronic Funds Transfer Disclosure (Account Disclosures) applicable to your account(s). You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of MyGVB Mobile Banking.
Definition of Terms. As used in this Agreement, the following words have the meanings given below:
“Account(s)” means your eligible Golden Valley Bank checking or savings account that can be accessed through MyGVB Mobile Banking.
“Available Balance” means the balance available at the time you make your request, which is the total balance less any amounts that are held (e.g. based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). All outstanding transactions or holds on your Account may not be included as of the time of your request. Available Balance may not be the same as Collected Balance or Ledger Balance. For balance definitions, see also the Account Disclosures.
“Balance” means your “Available Balance.”
“Device”means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and/or capable of sending and receiving text messages.
"Mobile Banking" means the banking services accessible from the Device you have registered with us for MyGVB Mobile Banking.
"You" and "Your(s)," mean each person who applies to use the service and each person who uses the Service.
"We," "Us," "Golden Valley,” “GVB” and "Bank" means Golden Valley Bank.
Enrollment/Registration/Activation. MyGVB Mobile Banking is offered as a convenience and a supplemental service to your banking with us including 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.
To enroll in MyGVB Mobile Banking, you must have at least one active Account in good standing. You must have a Device to use with Mobile Banking.
You may enroll in MyGVB Mobile Banking from your personal computer and register your Device by following instructions on our Enrollment/Registration page at www.goldenvalleybank.com. To register a Device, you must be the authorized user for the assigned number for the Device. You agree to provide us with true, accurate, current and complete information during the enrollment/registration process.
Maintaining Your MyGVB Mobile Banking Profile. Once you enroll and activate MyGVB Mobile Banking, you will have access to your Mobile Banking profile page (“profile page”) within Online Banking at www.goldenvalleybank.com. You agree to keep current any information about you and your Device on this profile page as long as you are enrolled in MyGVB Mobile Banking.
Mobile Banking Cancellation. You may cancel Mobile Banking at any time on your profile page within Online Banking at www.goldenvalley.bank or by calling us at (530)894-1000. You can cancel mobile text messaging by texting STOP to 31727.
Description of MyGVB Mobile Banking
MyGVB Mobile enables anyone with an online banking account to access their account information from a mobile device. MyGVB Mobile offers three ways to access your accounts:
- Send a text message(s) using your mobile device
- Use a mobile browser on your mobile device
- Download an application to your mobile device
You can choose any or all of these options, depending on the capabilities of your mobile device.
SMS Text Messaging Service (31727)
Use the SMS text messaging service to:
- Check account balances
- Review recent account activity
- Find ATM and branch locations
To use the SMS text messaging service, your mobile device must send and receive text messages to and from a short code. Most mobile devices are capable of sending and receiving text messages, so your phone is most likely compatible with MyGVB Mobile. Please note that some mobile service carriers charge for outgoing text messages or for each message sent and received. Check with your cellular carrier for terms and fees.
Mobile Browser Service
Use the mobile browser service to:
- Check account balances
- Review recent account activity
- Transfer money between accounts
- Find ATM and branch locations
To use the mobile browser service, your mobile device must have an Internet browser and may require a data service plan. You access the MyGVB Mobile website using the link sent by SMS text message during the enrollment process. Check with your cellular carrier for terms and fees.
Downloadable Application Service
Use the downloadable application service to:
- Check account balances
- Review recent account activity
- Transfer money between accounts
- Find ATM and branch locations.
To use the MyGVB Mobile downloadable application, your mobile device must have an operating system that supports application downloads and may require a data service plan. You download the MyGVB Mobile application using the link sent by SMS text message during the enrollment process.
We may also limit the types and number of Accounts eligible for MyGVB Mobile Banking. Mobile Banking may not be supportable for all devices or for all carriers at all times. GVB cannot guarantee the availability of underlying data services provided by your mobile carrier, i.e. we are not responsible for carrier data delays, outages and/or “out of range” issues.
Specific information concerning the methods and account services currently offered are provided to you at www.goldenvalleybank.com at any time prior to or after you sign up for Mobile Banking.
Description of MyGVB Mobile Banking Commands. Listed below are the MyGVB Mobile commands available for your use with SMS Text Message Service. We may change these commands from time to time. The most current list of commands is available at www.goldenvalley.bank or by texting HELP or HLP to 31727.
"B", "BAL", "BALANCE" or "BALANCES”: You may view the Available Balance of your Account at the time of your request.
"STMT", "TRAN" or "HIST": You may view your most recent transaction history in up to 5 transactions for each Account designated by you. You may view your transaction history in increments of 10 transactions for each Account designated by you. Not all pending transactions (e.g. pending debit card transactions, deposits, holds, and legal holds) are displayed. We may change the length of time that transaction history is available without prior notice. Transaction history on MyGVB Mobile Banking does not replace the periodic statements for your Account.
“HELP” or “HLP”: Request basic customer support for Mobile Banking.
“STOP”: You may cancel Mobile Banking at any time by sending a text request with the STOP command from your registered Device. If you have registered more than one Device for Mobile Banking, using the STOP command will cancel Mobile Banking only on the device from which you send the STOP command.
"ATM" plus the ZIP code, city or state for the ATM: to locate ATM.
"BRANCH" plus the ZIP code, city or state for the branch: to locate a branch.
"BOTH" plus the ZIP code, city or state for the branch: to locate ATM’s and branches.
Mobile Deposit Terms and Conditions provide the general rules that apply to Customer's use of Golden Valley Bank's MyGVB Mobile Deposit for remote deposit capture services.
Mobile Deposit Description
The remote deposit capture service ("Mobile Deposit" or "Service") is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.
Customer agrees that the remote deposit capture services using Mobile Deposit shall be governed by these terms and conditions and other relevant terms of the agreement(s) governing the deposit account into which checks are deposited ((including, but not limited to, Golden Valley Bank's Mobile Banking Agreement & Disclosure, Deposit Account Terms and Conditions, Electronic Funds Transfer Disclosure, Fee Schedule, Funds Availability, and Truth in Savings disclosures, (Account Disclosures) as applicable)), and that Bank may change the terms and conditions for Mobile Deposit at any time.
Mobile Deposit Conditions and Requirements
In order to enroll in the Service, you must be designated as an authorized signer or owner of a Golden Valley Bank Account (the "Account") that is eligible for this Service, and be enrolled in MyGVB Mobile. As conditions to Bank's provision of the Service, you shall (a) maintain the Account in good standing and (b) comply with such restrictions on the Service as we may communicate to you from time to time.
Customer shall at all times maintain an account with Golden Valley Bank. As part of Mobile Deposit, the Bank reserves the right to periodically audit Customer's remote deposit capture, security, and information technology processes, and to require Customer to implement reasonable and necessary controls, subject to the Bank's sole discretion.
Hardware and Software requirements for Mobile Deposit
You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software "as is" and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank's sole discretion, and you agree to comply with all such limits. Our current daily per item limits for Business Mobile App users is $10,000 per day. The deposit limit is $10,000 per day. Our current daily per item limits for Personal Mobile App users is $5,000 per day. The deposit limit is $5,000 per day.
Customer shall upload the Electronic Deposit transmission to Golden Valley Bank prior to the daily 7 PM PST cut-off time established for the receipt of Electronic Deposits. Any Electronic Deposit transmission received by the Bank after its daily 7 PPM PST cut-off time shall be deemed to have been received at the opening of the next banking day. Performance of the Electronic Deposit Services may be affected by external factors such as communication networks latency. Customer is responsible for the transmission of the Electronic Deposit until the Remote Deposit Capture System reports a successful acknowledgment of receipt of the transmission.
Golden Valley Bank shall not be liable to Customer for failure to process an Electronic Deposit, or any error that results in processing or collecting an Electronic Deposit: (i) for which Customer has not provided the Bank with full and correct MICR Data and dollar amount from the original paper check; (ii) for which Customer has not provided an accurate and legible image of the original paper check, (iii) for which Customer has failed to comply with formatting standards or other guidelines required by the Bank; or (iv) which would violate this Agreement or any other agreement between Customer and Golden Valley Bank.
Fees and Charges for Mobile Deposit
The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.
Eligible Deposit Items
Only a draft, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for deposit as a Check Image. Without limiting the generality of the preceding sentence, the following items are not eligible for deposit as Check Images under Mobile Deposit, and Customer must deposit these original paper checks with Golden Valley Bank for collection: (i) U.S. Treasury Checks, (ii) checks, including travelers checks, that are drawn on banks located outside of the United States, (iii) checks payable in a medium other than U.S. dollars, (iv) non-cash items (as defined under Section 229.2(u) of Federal Reserve's Regulation CC), (v) promissory notes and similar obligations, such as savings bonds, (vi) third party checks, (vii) Substitute Checks, (viii) items drawn off of the Customer's Golden Valley Bank account, and (ix) any other class of checks or drafts as identified by the Bank to Customer from time to time.
Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Services as "FOR MOBILE DEPOSIT ONLY, (bank name) account # " or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the check. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.
Check requirements (including image quality)
The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check). Customer acknowledges that current image technology may not capture all security features (e.g. watermarks) contained in the original paper checks, and agrees to assume any and all losses resulting from claims based on security features that do not survive the image process.
Collection of Check Images
Notwithstanding anything to the contrary in this Agreement, the Bank may in its sole discretion determine the manner in which the Bank will seek to collect a Check Image deposited by Customer. Without limiting the generality of the preceding sentence, the Bank may, at its option: (i) present or transfer the Check Image to the paying bank, a Federal Reserve Bank, image share/exchange network, or other collecting bank; (ii) create a Substitute Check from the Check Image and collect the Substitute Check; or (iii) request that Customer provide to the Bank the original paper check from which the Check Image was created and then collect the original paper check.
Rejection of deposits
After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank's rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.
Golden Valley Bank reserves the right to reject any deposit (as an Electronic Deposit or otherwise) for any reason. Golden Valley Bank will notify the Customer of the rejection of any deposit.
Customer agrees that the Bank may charge the account of Customer for any and all returned items, including a returned Check Image.
Re-presentment of Returns
In the event Golden Valley Bank, in its sole discretion, determines that it requires the original paper check for re-presentment in order to collect a returned Check Image, Customer shall be responsible for providing to the Bank the original paper check, or if the original paper check has been destroyed, for obtaining a replacement check.
You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
Availability of Service/Contingency
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the Bank. The deposit of original checks at the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
Storage, security and destruction/disposal deposited checks
The bank will not notify you once a deposit has been accepted. It is your responsibility to verify your deposit has been accepted by reviewing your account history through any available channel (mobile banking, online banking, etc.) After you verify your deposit has been accepted, you must securely store the original Check for 14 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. To mitigate against potential fraud or the presentment of duplicate items, Customer agrees to clearly mark on the original paper check that the item has been deposited electronically, after successfully capturing the Check Image and receiving confirmation that the item was received and accepted for deposit by the Bank. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re- present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Presenting checks more than once
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion. Presentment of checks more than once will result in a termination of your mobile deposit access and MyGVB Mobile
Representations and Warranties for Deposited Checks
With respect to each Check Image or Electronic Deposit that Customer transmits to the Bank, Customer is deemed to make any representation or warranty that would have applied had Customer deposited the original paper check. In addition Customer is deemed to make to the Bank any representation or warranty that the Bank makes, under applicable law, clearinghouse rule, Federal Reserve Operating Circular, bi-lateral agreement or otherwise, to any person (including without limitation a collecting Golden Valley Bank, a Federal Reserve Bank, a Receiving Depository Financial Institution, a paying bank, a returning bank, the drawee, the drawer, any endorser, or any other transferee) when the Bank transfers, presents or originates the Electronic Deposit or Check Image, or a Substitute Check created from that Check Image. These representations and warranties include but are not limited to, that: (a) the transmissions contain accurate images of the front and back of the original checks; (b) the transmissions contain all necessary endorsements up until the original checks are imaged; and (c) no depository bank, drawee, drawer, or endorser will be asked to make a payment based on an item that it has already paid.
With respect to each Check Image or Electronic Deposit that Customer transmits to Golden Valley Bank, Customer shall indemnify and hold Golden Valley Bank harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorney fees and court costs at trial or on appeal) arising directly or indirectly: (a) from Customer's breach of a representation or warranty as set forth in section 12 above, (b) as a result of any act or omission of Customer in the capturing, creation or transmission of the Check Image or Electronic Deposit, including without limitation the encoding of the MICR Data from the original paper check; (c) from any duplicate, fraudulent or unauthorized check, Check Image or Substitute Check; or (d) for any loss caused by the Bank's acceptance or creation of a Check Image instead of presentment of the original paper check; or (e) from any other act or omission arising out of the Bank's action or inaction taken pursuant to any request by Customer or pursuant to this Agreement.
Electronic Communications Consent. By accepting this Agreement and using MyGVB Mobile Banking, you agree to receive Electronic Communications (including notices and disclosures required by law or regulation) about Mobile Banking services via your Device and/or at www.goldenvalleybank.com. To receive an Electronic Communication from us, your Device must be web-enabled and/or capable of receiving text messages. If an Electronic Communication is required by law or regulation, we will provide the Electronic Communication via your Device and in addition, at www.goldenvalleybank.com in a form which you can print and retain for your records. If you want a paper version of any Electronic Communication or to withdraw your consent to receive Electronic Communications about Mobile Banking services, you may call the customer service number in the Notices/Contact Information section below; you will not be charged a fee for the paper version. If you withdraw your consent to receive Electronic Communications, we may terminate your MyGVB Mobile Banking service.
Your Mobile Banking Responsibilities. In addition to the terms and conditions in other sections of this Agreement and your Responsibilities in the Electronic Funds Transfers Provisions section below:
You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through MyGVB Mobile Banking. You agree to keep informed of any changes to MyGVB Mobile Banking by regularly visiting your profile page and our web site at www.goldenvalleybank.com.
You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using MyGVB Mobile Banking. You agree not to leave your Device unattended while logged into MyGVB Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
You agree to notify us immediately if you lose, or change or cancel the number of your registered Device.
If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the Device immediately.
You agree to comply with all applicable laws, rules and regulations in connection with MyGVB Mobile Banking. We make no representation that any content or use of MyGVB Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.
Electronic Transfers Provisions.
A. Permitted MyGVB Mobile Banking Transfers.
You may use MyGVB Mobile to transfer funds between your eligible GVB Accounts (“Internal Transfer”). Currently, you may not transfer to or from an Account at another financial institution.
To request a transfer, select transfer funds via mobile web and follow the instructions provided on your mobile Device. If you submit your transfer request prior to the transfer deadline established by the Bank from time to time for Mobile Banking transfer service ("Mobile Transfer Cutoff Time"), you will initiate an immediate Internal Transfer via Mobile Banking. Mobile Transfer Cutoff Time may be different than other transfer cutoff times. Transfer requests after the Mobile Transfer Cutoff Time are treated as made the next Business Day.
You must have sufficient funds available in the selected Account at the time the transfer request is received.
Each Transfer from a savings or money market Account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Account Disclosures. You may be subject to fees if you exceed the transaction limits of your Account using Mobile Banking. Please see the Truth in Savings Disclosure applicable to your Account for more information. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
You agree to confirm the completion of each transfer in your Account balance and transaction history before withdrawing the transferred funds. You may also call us at the customer service number in the Notices/Contact Information section below or on your statement to confirm any transfer,
B. Electronic Fund Transfer Provisions & Liability for Unauthorized EFTs (Electronic Funds Transfers).
This agreement is in addition to the banks Electronic Funds Transfer disclosure for your applicable account type. For limits and liability for unauthorized transactions, please refer to the Banks Electronic Funds Transfer Disclosure and the reverse side of your monthly account statement.
Periodic Statements. You will receive a period account statement as described in your Account Disclosures.
Notices/Contact Information. We will notify you of any changes, fees, or other information about MyGVB Mobile Banking, if required by law, via your Device, and at www.goldenvalleybank.com. Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address set forth in the enrollment form.
Our Limited Liability for Use of MyGVB Mobile Banking. This agreement is in addition to the banks Internet Banking Agreement. The Mobile Banking services are provided to you on an “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO MOBILE BANKING OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEMENTS, OR WEBSITES IN CONNECTION WITH THAT SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE MOBILE BANKING SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state. In addition, see the Banks Electronic Funds Transfer Disclosure for limits of liability provisions for transfers made using Mobile Banking, which section applies only to the extent not consistent with this limitation of liability provision.
IN NO EVENT WILL GOLDEN VALLEY BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR MOBILE BANKING), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MOBILE BANKING.
Indemnification. You agree to indemnify, defend, and hold Golden Valley Bank and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.
Availability of Service/Contingency:
Golden Valley Bank will use reasonable efforts to provide MyGVB Mobile Banking services in a prompt fashion, but shall not be liable for temporary failure to provide MyGVB Mobile Banking services in a timely manner. In such event, Customer shall be responsible for carrying out banking business through alternative channels. The Bank shall not be liable for any inaccurate or incomplete information with respect to transactions which have not been completely processed or posted to the Bank’s deposit or payments system prior to being made available pursuant to the MyGVB Mobile Banking and Deposit Remote Deposit Capture System. Information with respect to all transactions is provided solely for Customer’s convenience, and Customer shall have no recourse to the Bank as to use of such information.
Entire Agreement. This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your Mobile Banking services and Accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to Mobile Banking.
Governing Law. Any Account will continue to be governed by the laws described in the Account Agreement. This Agreement will be construed and interpreted in accordance with federal law applicable to Mobile Banking and to the extent not superseded by federal law, the laws of the state of California without regard to conflict-of-law rules.