Mobile Deposit User Agreement

Welcome to Mobile Deposit at Mountain Commerce Bank. This Mobile Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of Mountain Commerce Bank’s (MCB’s) Mobile Deposit service that MCB (“bank”, “us”, “our”, or “we”) may provide to you (“you” or “user”). Other agreements you have entered into with MCB, as applicable to your MCB account(s), are incorporated by reference and made a part of this Agreement, including the Online Banking Agreement.

Services

MCB’s Mobile Deposit service (“Service”) is designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to MCB or our designated processor.

Acceptance of these Terms

Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via e-mail, text message, or on our website by providing a link to the revised Agreement. Your continued use of the Service will indicate your consent to be bound by the revised Agreement. Further, MCB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Services.

Limitations of Service

When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

Hardware and Software

In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by MCB. See www.mcb.com for current specifications. MCB is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

Fees

There is no fee to use the Service.

Eligible Items

You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). When the image of the check transmitted to MCB is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
  • Checks containing an alteration 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 is drawn.
  • Checks payable jointly, unless deposited into an account in the name of all payees.
  • Checks previously converted to a substitute check, as defined in Regulation CC.
  • Checks drawn on a financial institution located outside the United States.
  • Checks that are remotely created checks, as defined in Regulation CC.
  • Checks not payable in United States currency.
  • Checks dated more than 6 months prior to the date of deposit.
  • Checks or items prohibited by the bank’s current procedures relating to the services or which are otherwise not acceptable under the terms of your account.
  • Checks with any endorsement on the back other than that specified in this agreement.
  • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
  • Checks that have previously been deposited or negotiated in any way via any method at MCB or any other financial institution.

Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Service with your signature and “Mobile Deposit Only” or as otherwise instructed by MCB. You agree to follow any and all other procedures and instructions for use of the Service as MCB may establish from time to time.

Receipt of Items

We reserve the right to reject any item transmitted through the Service, 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 MCB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

Availability of Funds

Checks deposited via the Service by the Bank’s stated 5:00 p.m. EST deadline will be considered deposited on that business day and subject to the Funds Availability disclosure provided during account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available on the first business day after the day of deposit.

Disposal of Transmitted Items

Upon your receipt of a confirmation from MCB that we have received an image that you have transmitted, you agree to prominently mark the item as “Electronically Presented”, “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. You agree never to re-present the item. You agree to retain the check for at least sixty (60) calendar days from the date of the image transmission. After sixty (60) days, you agree to destroy the check that you transmitted. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to MCB.

Deposit Limits

We reserve the right to and may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in MCB’s sole discretion subject to the agreements governing your account.

Errors

You agree to notify MCB of any suspected errors regarding items deposited through the Service immediately, and in no event later than 30 days after the applicable MCB account statement is sent. Unless you notify MCB within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against MCB for such alleged error.

Errors in Transmission

By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. MEA Bank and Trust bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Image Quality

The image of an item transmitted to MCB using the Service must be legible, as determined in the sole discretion of MCB. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by MCB, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

User Warranties and Indemnification

You warrant to MCB that:

  • You will only transmit eligible items.
  • You will not transmit duplicate items.
  • You will not re-deposit or re-present the original item.
  • All information you provide to MCB is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws, and regulations.
  • You are not aware of any factor which may impair the collectability of the item.
  • You agree to indemnify and hold harmless MCB from any loss for breach of this warranty provision.

Cooperation with Investigations

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

Termination

We may terminate this Agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the terms of your account agreement or any other agreement with us.

Enforceability

We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

Ownership & License

You agree that MCB retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to MCB’s business interest, or (iii) to MCB’s actual or potential economic disadvantage in any aspect. You may use the Service only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MCB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.