Terms and Conditions for D.L. Evans Bank Business Mobiliti
Program: D.L. Evans Bank offers their Business Online Banking customers mobile access to account information (e.g., for checking balances and last transactions), based on user access. Enrollment in Business Mobiliti requires enrollment in Business Online Banking.
Questions: You can contact us at 1-866-661-5463 or [email protected] if you need any assistance or have any questions.
Terms & Conditions: By participating in Business Mobiliti, you are agreeing to the terms and conditions presented here.
Our participating carriers are, but not limited to: AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, and Verizon Wireless.
Business Mobiliti and any software you may obtain from Business Mobiliti (“Software”) may not be available at any time for any reason outside of the reasonable control of D.L. Evans Bank or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Business Mobiliti, D.L. Evans Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, 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 Business Mobiliti or the Software (collectively “User Information”). D.L. Evans 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 Business Mobiliti 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. D.L. Evans Bank and its affiliates and service providers also reserve the right to monitor use of Business Mobiliti and the Software 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.
Restrictions on Use. You agree not to use Business Mobiliti or the Software 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 Business Mobiliti or the Software 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 D.L. Evans 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 D.L. Evans Bank or any third-party service provider involved in the provision of Business Mobiliti; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns 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 services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, 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 D.L. Evans Bank, any third-party service provider involved in providing Business Mobiliti, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or 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 with the provision of Business Mobiliti or the Software, the security of Business Mobiliti or the Software, or other customers of Business Mobiliti or the Software; or (d) otherwise abuse Business Mobiliti or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.
The following Electronic Fund Transfer Error Resolution Notice disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.
Electronic Fund Transfer Error Resolution Notice: In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. (Every day is a business day except Saturdays, Sundays, and federal holidays.)
We will determine whether an error occurred within 10 business days (5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
D.L. Evans Bank
375 North Overland Ave.
P.O. Box 1188
Burley, Idaho 83318
[email protected]
Business Days: Monday through Friday (excluding Federal Holidays)
Phone: (208) 678-2552 or (866) 661-5463
More detailed information is available upon request.
Bill Pay. Your use of the Bill Pay Services constitutes your acceptance of the Terms & Conditions and Privacy Policy of D.L. Evans Bank Bill Pay Provider, CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. The Bill Pay Terms & Conditions and Privacy Policy can be accessed by logging into Business Online Banking, through a website, and access the Bill Pay feature.
Mobile Deposit. Mobile Deposit uses a smartphone camera to take a picture of the front and back of each check and submit the images electronically to make deposits to your checking or savings accounts. When capturing the images, visual brackets provide a guide for centering the check. Each is analyzed for quality upon submission; if the image does not pass; you are immediately notified and can re-capture the check image. You can cancel the transaction at any time during the mobile deposit process. However, once the transaction has been submitted, it cannot be canceled.
Services and Service Terms. The following terms and conditions apply to the Services for Mobile Deposit that D.L. Evans Bank (“Bank”) provides to their Depositors. Depositor acknowledges and agrees that the Services or any portion of the Services may be provided by one or more subcontractors.
Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, D.L. Evans 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.
Overview and definitions. This Agreement states the terms and conditions by which Bank will deliver to Depositor the Services, as described below.
“Authorized User” means Depositor or agent of Depositor.
“Banking/Business Day” means any day which Bank is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.
“Capture Device” (smartphone) means any device acceptable to Bank, that provides for the capture of images from original Items and for transmission through a clearing process.
“Check” means an Original Check, as defined in Regulation CC.
“Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an Office of a United States financial institution from a Payor to Depositor, in addition to other required information as specified by Bank, it is understood that Depositor will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an item to be processed for deposit, it must be properly endorsed on the back of the Item with the following words: “Mobile Deposit,” with the correct account number inserted and signed by payee.
“Payor” means consumers or businesses that make payments to Depositor by means of Items.
“Service(s)” means the specific service(s) provided by Bank that allow the use of a Capture Device (smartphone) to obtain and transmit the front and back images of Items and accompanying transaction data for deposit purposes. Services also include any applicable support services. The Service is designed to allow you to remotely deposit paper checks to your deposit account ("Account") with D.L. Evans Bank by electronically transmitting a digital image of the paper checks for deposit. You are responsible for providing your own mobile device that meets the requirements, including encryption and security standards, to use the Service. To use the Service, you must download, install, and use certain software systems and programs developed by our licensors or other third-parties. We are not responsible for any damage to your mobile device resulting from those activities, and you will be engaging in those activities at your own risk
D.L. Evans Bank does not charge for the Mobile Deposit Service. However, your mobile device carrier data charges may apply.
We reserve the right to modify any fees associated with this Service at any time. When changes are made to fees, we will notify you in writing at least thirty (30) days in advance of the effective date of the change. You may choose to accept or decline changes by continuing or discontinuing the Account(s) or Service(s) to which these changes relate. Continued use of the Service(s) will indicate your consent to the revised Agreement.
Deposit Limits. There is a deposit item limit of $5,000 and a daily deposit limit of $5,000, with the ability to make multiple deposits daily. We reserve the right to impose greater limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
“Service Start Date” means the date that the Services are first available to the Depositor.
“Technology” means Bank’s or its subcontractor’s mobile deposit applications and processes designed to facilitate the electronic deposit of Items. Said applications are accessed through Capture Devices (smart phones), utilizing software and hardware provided by or acceptable to Bank, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to Depositor service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Bank or its subcontractors and used in the provision of Services hereunder. Any software provided by Bank or its subcontractors pursuant to the Service shall be considered Software as defined in the Software License Agreement.
“Term” shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.
Depositor Obligations; Suspension/Cancellation of Service.
Hardware and Software Requirements. In order to utilize the Services, Depositor must have the following hardware and software with the indicated specifications:
For Depositing checks, Depositor must have one of the following Phone Devices / Operating Systems:
- Apple Devices with an Operating System of 9.0 or higher
- Android Devices with an Operating System of 5.0 or higher
Image quality of the Items must comply with requirements as established by Bank or applicable law and regulatory agencies. The check images presented to the bank must accurately represent all information on both sides of the checks and check images must contain all endorsements, with the additional verbiage of “D.L. Evans Bank Mobile Deposit”.
Depositor Responsibilities. Depositor authorizes Bank to transmit items as an image and further authorizes Bank or any other bank to which an item is sent for processing. Depositor agrees to, at its sole expense: (a) provide connectivity between the Capture Device and the Technology. You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using the Service.; (b) maintain the Capture Device in accordance with the instructions provided by Bank, its subcontractors and/or any other Capture Device provider; (c) download, install, and use certain software systems and programs developed by the Bank, our licensors or other third-parties as needed for transmission to Bank prior to the communicated cut-off-time. We are not responsible for any damage to your mobile device resulting from those activities, and you will be engaging in those activities at your own risk; (d) process return data and any remittance data delivered by Bank for the purpose of updating Depositor internal systems (which may include electronic and paper return Items); (e) implement and maintain security measures, including firewall protection, in compliance with its obligations under this Agreement;
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 D.L. Evans Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. We can accept checks payable to you, drawn on a U.S. Bank. We cannot accept: 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 payable jointly unless deposited into an account in the name of all payees, traveler’s cheques, money orders, checks drawn on a financial institution located outside the U.S., checks not payable in U.S. currency, substitute checks, or returned checks, checks dated more than 6 months prior to the date of deposit.
You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you.
- 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 previously converted to a substitute check, 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 not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
Withdrawal of Access/Suspension of Service. Bank reserves the right to deny, suspend or revoke access to the Services immediately, in whole or in part, in its sole discretion, without notice, if Bank believes Depositor and/or its Authorized users are in breach of this Agreement or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Bank or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure as set forth in the Service Agreement.
Handling of Transmitted Items. Depositor shall be responsible for retaining each Original Item in a safe and secure environment for (14) fourteen days after transmittal to Bank and receipt of a confirmation from Bank that the image of the Item has been received at which time Depositor shall shred or otherwise destroy all Original Items. Depositor shall properly store the Original Items and take appropriate measures to ensure it is not deposited a second time. Depositor will promptly (but in any event within 5 business days) provide any retained Original Item to Bank as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item or as Bank otherwise deems necessary.
Disposal of Transmitted Items. Once you have confirmed that D.L. Evans Bank has received and posted your deposit to your account, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item.
Receipt of Items. We reserve the right to reject any item transmitted through the Services, 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.
Account Statement Examination. All deposits made through the Services shall be deemed to be correct, unless Depositor notifies Bank of any errors to deposits made through the Services within 30 days after the applicable account statement is mailed or otherwise provided to Depositor.
Processing of Items. Images of Items transmitted by Depositor are not considered received by Bank until Depositor has received confirmation of the deposit being posted to the account. However, the posting of the deposit by the Bank does not mean that the transmission was error free or complete. Items transmitted by the Depositor and received by Bank or its subcontractors by 5:30 p.m. Mountain Standard Time (“MST”) on any banking day, shall be credited to the Depositor’s applicable account on the same Banking Day. Items received by Bank after 5:30 p.m. MST on any Banking Day shall be credited to the Depositor’s applicable account on the next successive Banking Day. Customer understands and agrees funds from Items deposited under the terms of this Agreement are not subject to the Bank’s Funds Availability Policy and will generally be available after processing the next business day. You are responsible for verifying that deposits have posted to the appropriate account. Please note: All deposits are subject to verification and can be rejected upon review.
We reserve the right to temporarily restrict funds deposited using the Service for greater than two business days in certain circumstances where deemed necessary in our sole discretion. Such circumstances include but are not limited to the following: (a) we have reason to believe a check you deposited will not be paid; (b) you deposit checks through the Service totaling more than $5,000 per business day; (c) you have overdrawn your account repeatedly in the last six months; or, (d) there is an emergency, such as failure of computer or communications equipment. In the event funds are restricted for more than two business days, we will send a notice to you informing you as to when your funds will be available. Funds delayed for the above reasons will generally be available no later than the seventh business day after the day of deposit.
After verifying the deposit has been received, you agree to securely store and retain the check(s) for at least 14 calendar days from the date of the image transmission. During this period you agree to promptly provide the check to the bank if requested. After 14 days, you agree to shred the deposited items.
Depositor Liability. Depositor shall be solely responsible if any Item for which Depositor has been given provisional credit is subject to return or reversal, and neither Bank nor its subcontractors shall be liable or responsible for same. Depositor acknowledges that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Bank shall have no liability for the content of payment-related information.
Intellectual Property Ownership
This Agreement does not transfer to depositor any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Bank or its subcontractors.
Depositor Warranty. Depositor represents and warrants to Bank: (A) Depositor has the authority to enter into this agreement and perform its obligations hereunder and all information supplied by depositor to Bank is accurate and true; (B) Depositor will provide all reasonable assistance to Bank and its subcontractors in providing the services set forth herein; (C) Depositor and any authorized users will only use the services for lawful purposes and in compliance with all applicable rules and regulations and with Bank’s reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (D) Depositor has only transmitted acceptable items for deposit and has handled the original items following transmission to Bank as agreed, directed by with Bank and in accordance with applicable law; (E) Depositor is a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (F) The items have not been altered; (G) Each item bears all applicable endorsements in a restricted format as directed by Bank; (H) All the warranties set forth in and subject to applicable laws and regulatory agencies; (I) (1) The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was deposited, (2) The information portion of the item contains a record of all applicable MICR-line information required for a substitute check, and (3) The item conforms to the technical standards for an electronic item as specified by Bank from time to time; (J) Depositor will submit only one accurate and clear image of the front and back of each item to Bank only one time; (K) Depositor will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (L) The amount of an item entered by depositor or any authorized user for transmission to Bank is accurate; and (M) Depositor and any authorized users will not (1) Sell, lease, distribute, license or sublicense the technology or services; (2) Modify, change, alter, disassemble or decompile the technology or services in any way for any reason; (3) Provide, disclose, divulge or make available to, or permit use of the technology or services by, any third party; (4) Copy or reproduce all or any part of the technology or services; (5) Interfere, or attempt to interfere, with the technology or services in any way; (6) Engage in spamming, fraudulent, illegal or unauthorized use of the services, (7) Introduce or transmit through the technology or services, without limitation, via any portion of the depositor’s computer system that interfaces with the technology or services, or otherwise, any virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the technology, services or other computer systems of Bank or its subcontractors; (8) Remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the technology or services; or (9) Engage in or allow any action involving the technology or services that is inconsistent with this agreement. Should depositor receive notice of any claim regarding the services, depositor shall promptly provide Bank with a written notice of such claim.
Bank Warranty. Bank warrants that: (A) Bank has the authority to enter into this agreement and perform its obligations hereunder; and (B) It has developed each service (other than any portion furnished by a subcontractor or third party vendor) and owns and/or has the right to furnish the same (including any portion furnished by a subcontractor or third party vendor.)
Disclaimer. Except as set forth above, Bank and its subcontractors make no representations or warranties, whether express, implied or statutory regarding or relating to any of the technology or services and/or access to or use of the services or technology provided to depositor hereunder. Bank and its subcontractors specifically disclaim any and all implied warranties or merchantability, fitness for a particular purpose and noninfringement. Bank and its subcontractors also do not guarantee that depositors’ access to the services provided under this agreement will be uninterrupted, error free or secure. Bank and its subcontractors also do not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by depositor or agents. Bank and its subcontractors do not warrant the accuracy, reliability, completeness or timeliness of the content of internet websites or other data received by depositor or payors via the internet.
Limitation of Liability. Notwithstanding anything to the contrary herein, in no event will Bank’s liability under this agreement for any damages of any kind exceed an amount equal to the amount of items received by Bank from depositor for the services during the month preceding the date on which the claim first accrued. Bank shall not be liable for any special, indirect or consequential damages, even if it has been advised of the possibility of these damages.
Indemnification. In addition to its indemnification obligations in this agreement, and except for losses or expenses attributable to Bank’s own lack of good faith or failure to exercise ordinary care, depositor agrees to indemnify Bank for any loss or expense sustained (including interest, costs, attorney’s fees and expenses of litigation) resulting from (i) Depositor’s lack of authority to make the warranty; (ii) any action taken or not taken by Bank within the scope of its authority in handling an item; (iii) any warranty required to be made by Bank with respect to an item under applicable law or regulation; and (iv) breach of the warranties.
Termination. In addition to the denial, suspension, revocation and termination provisions in this Agreement, Bank may immediately terminate the Service or any portion of the Service if Bank determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. Depositor may terminate the Service with notice to Bank. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same.
Bank Information. Depositor acknowledges that the Technology and Service contain valuable trade secrets, which are the sole property of Bank or its subcontractors (“Bank Confidential Information”), and Depositor agrees to hold same in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein. Depositor agrees to use no less than reasonable care to prevent other parties from learning of these trade secrets. Depositor will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Bank Confidential Information.
Depositor Information. Bank acknowledges that Depositors’ information may contain information regarding its Depositors, which are the sole property of Depositor (“Depositor Confidential Information,” and, collectively with Bank Confidential Information, “Confidential Information”), and Bank agrees to hold same in confidence and will protect Depositor Confidential Information pursuant to Bank’s Privacy Policy.
Exceptions. The obligations of this section shall not apply to any information that: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party (the “Receiver”), generally known or available; (b) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver’s records; (c) is hereafter furnished to the Receiver by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by the Receiver without reference to or use of the disclosing party’s information; or (e) is required to be disclosed by law or in connection with a legal or administrative proceeding, provided that the party to whom the information belongs is given prompt prior written notice of such proposed disclosure, if not otherwise prohibited.
Unauthorized Use. Both parties acknowledge that the unauthorized use, disclosure or duplication of trade secrets or other confidential information belonging to each party shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the owner, for which there is no adequate remedy at law. Accordingly, Bank and Depositor each hereby agree that the other party may seek injunctive relief against it to prevent or remedy any breach of the confidentiality obligations described herein without the other party being required to post bond, or if bond is required, only nominal bond.
Relationship of Parties. Bank and Depositor are independent parties and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Bank and Depositor. Neither Bank nor Depositor will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
Notices. Depositor agrees that any notices required or permitted under this Agreement or the Service Agreement may be given electronically.
No Waiver. The failure of either party to enforce at any time any provision of this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce any provision or exercise any right hereunder.
Severability. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision.
Governing Law, Venue, Jury Trial Waiver. This Agreement is entered into in Idaho, and shall be governed by the laws of Idaho and of the United States, and any rule or regulation of Idaho or a federal agency having jurisdiction over Bank. Any action involving any transaction under or related to this Agreement shall be brought only in the state or federal court in Idaho and all parties consent to venue in Idaho. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of Bank under this Agreement are cumulative of all other rights Bank may have by law or otherwise. All parties waive their right to trial by jury.
DISPUTE RESOLUTION--ARBITRATION. DEPOSITOR AND BANK BOTH HAVE THE OPTION OF REQUIRING THAT ANY DISPUTE OR CONTROVERSY INVOLVING ANY TRANSACTION UNDER OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF DEPOSITOR’S RELATIONSHIP WITH THE BANK INVOLVING A DEPOSIT ACCOUNT (WHETHER IN CONTRACT OR TORT) TO BE DECIDED BY BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. IN AN ARBITRATION PROCEEDING THE DISPUTE OR CONTROVERSY IS SUBMITTED TO A NEUTRAL DECISION MAKER FOR DETERMINATION RATHER THAN TO A TRIAL BEFORE A JUDGE AND JURY. THE ARBITRATOR WILL BE SELECTED ACCORDING TO THE PROCEDURES FOR SELECTING ARBITRATORS OF THE AMERICAN ARBITRATION ASSOCIATION. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE DECISION OF THE ARBITRATOR IS BINDING. ANY ARBITRATION UNDER THIS AGREEMENT SHALL TAKE PLACE IN IDAHO AND BE GOVERNED BY IDAHO LAW.
Amendments. Unless applicable law provides otherwise, this Agreement may be amended by notice sent electronically or by mail to Depositor at Depositor’s last address known to Bank to be effective not less than thirty (30) days after the day transmitted or mailed. Bank shall not be bound by any modification of this Agreement unless Bank expressly agrees to the modification in writing. Depositor shall have the right to terminate the Agreement prior to the effective date of amendment. This Agreement supersedes all prior agreements and amendments.
Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.
Fingerprint Login for Business Mobiliti. Fingerprint Login is an optional fingerprint sign-in method for D.L. Evans Bank Business Mobiliti that may be available for certain Apple® (via Touch ID™) and Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and D.L. Evans Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within D.L. Evans Bank Business Mobiliti. D.L. Evans Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Business Mobiliti username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Business Mobiliti on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within D.L. Evans Bank Business Mobiliti.
Apple and Touch ID are trademarks of Apple Inc. Android is a trademark of Google Inc.
