This service is provided to you by Forbright Bank and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and Forbright Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
Thank you for using Forbright Bank Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 73955. To cancel your plan, text "STOP" to 73955 at anytime. In case of questions please contact customer service at 240-380-1235 or customerservice@forbrightbank.com .
1. 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 Forbright Bank. 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.
2. The services are provided by Forbright Bank and not by any other third party. You and Forbright Bank are solely responsible for the content transmitted through the text messages sent to and from Forbright Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
3. Notwithstanding and in addition to the governing Terms and Conditions disclosure and agreement, you hereby agree to the following additional security measures and requirements that are intended to safeguard on-line banking usage and prevent unauthorized access. Please read the following carefully as it sets-forth your obligations for use of the system and limits the liability of Forbright Bank under the circumstances described below. Please be advised that the following supersedes and replaces the Security section only of the Terms and Conditions disclosure and agreement. All other paragraphs remain unchanged.
Security. It is your responsibility to protect the account numbers, electronic access devices (e.g., an ATM card) and information portals (online banking) we provide you for your account(s). Do not discuss, compare, or share information about your account information with anyone unless you are willing to give them full access to initiate transactions for your account. This includes emailing account information or using unsecure Internet connections making your account or identifying account information susceptible to hacking. An account number can be used by thieves to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual or constructive authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers. Your account number can also be used to electronically remove money from your account. If you provide your account number in response to a telephone solicitation for the purpose of making a transfer (to purchase a service or merchandise, for example), payment can be made from your account even though you did not contact us directly and order the payment. You must also take precaution in safeguarding your blank checks. Notify us within 30 days if you believe your checks or electronic access devices have been lost, stolen or compromised. As between you and us, if you do not safeguard your checks or electronic access devices, you agree to bear the loss.
You agree and are responsible for protecting your Online Banking access information. You understand that we offer self-enrollment capabilities through our Online Banking system, which allows you to register for Online Banking access automatically. As part of the Online Banking self-enrollment, we will ask challenge questions to verify your identity. Do not share your personal identification information with anyone as this will allow unauthorized users to setup Online Banking and have full access to your account, including initiating transactions on your behalf. You will be subject to the terms and conditions of self-enrollment. Forbright Bank is not responsible for business transacted in your account without your authorization that results from your failure to safeguard your personal and account information, have allowed other users to activate your account, or if you have given your login credentials to other users or made your credentials otherwise susceptible to theft. It is your responsibility to setup Online Banking immediately upon opening an account to prevent unauthorized users from signing up for you. You must continue to safeguard your login, credentials and account information to prevent unauthorized use going forward. We are not responsible for any unauthorized account activity which was facilitated, in any way, by your failure to sign up for Online Banking personally or that later results from your failure to safeguard identifying personal or account information.
You agree that if you fail to comply with the terms of this agreement or any other terms and conditions of your account, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented, unless we acted in bad faith or grossly negligent.
4. Remote Deposit Capture User Agreement ("Agreement"):
This Agreement contains the terms and conditions for the use of Forbright Bank's Mobile Deposit, and/or other remote deposit capture services that Forbright Bank or its affiliates ("The Bank", "us","or" "we") may provide to you ("you," or "User"). Other agreements you have entered into with Forbright Bank, including the Depository Agreement and Disclosures governing your Forbright Bank account, are incorporated by reference and made a part of this Agreement.
1. Services. The remote deposit capture services ("Services") are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to Forbright Bank or Forbright Bank's designated processor. There is currently no charge for the Services.
2. 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(s) by providing a link to the revised Agreement by U.S. Mail or other means determined by Forbright Bank. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Forbright 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.
3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have 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 Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
4. 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 Forbright Bank shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code and corresponding commercial law article of the Maryland Annotated Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
c. 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.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items that are remotely created checks, as defined in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items dated more than 6 months prior to the date of deposit.
i. Checks or items prohibited by Forbright Bank's current procedures relating to the Services or which are otherwise not acceptable under the terms of your Forbright Bank account.
5. Image Quality. The image of an item transmitted to Forbright Bank using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
6. Endorsements and Procedures. We recommend that you endorse any item transmitted through the Services with your signature and "For deposit only, account #" or as otherwise instructed by Forbright Bank. You agree to follow any and all other procedures and instructions for use of the Services as Forbright Bank may establish from time to time. We reserve the right to reject any checks we deem have not been properly endorsed.
7. 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. An image of an item shall be deemed received when you receive a confirmation from Forbright Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
8. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Forbright Bank receives payment for the funds submitted. Forbright Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Forbright Bank, in its sole discretion, deems relevant.
9. Disposal of Transmitted Items. Upon your receipt of a confirmation from Forbright Bank that we have received the image of an item, 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. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Forbright Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Forbright Bank's audit purposes.
10. Deposit Limits. We reserve the right to impose 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.
11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Forbright Bank from time to time. Forbright 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 agreement you enter into directly with the third party software provider at time of download and installation.
12. Errors. You agree to notify Forbright Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Forbright Bank account statement is sent. Unless you notify Forbright Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Forbright Bank for such alleged error.
13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Forbright Bank's sole discretion subject to the Depository Agreement and Disclosures governing your account.
14. Ownership & License. You agree that Forbright Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services 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 Services (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to Forbright Banks business interest, or (iii) to Forbright Bank's actual or potential economic disadvantage in any aspect. You may use the Services only for business and/or personal use 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 Services.
15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES 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 SERVICES, 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 SERVICES (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 SERVICES OR TECHNOLOGY WILL BE CORRECTED.
16. 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 LOSS OF FUNDS, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES 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 SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF Forbright Bank HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
17. User warranties and indemnification. You warrant to Forbright Bank that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards. c. You will not transmit duplicate items. d. You will not deposit or represent the original item. e. All information you provide to Forbright Bank is accurate and true. f. You will comply with this Agreement and all applicable rules, laws and regulations.YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Forbright Bank FROM ANY LOSS FOR BREACH OF THIS WARRANTY PROVISION.
18. Other terms. You may not assign this Agreement. This Agreement is entered into in Bethesda, Maryland, and shall be governed by the laws of the State of Maryland and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
To be Agreed to by End User Prior to Use of the Downloadable App
1. 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").
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Miscellaneous. 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.
8. 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.
1. Description of Services
a. We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this [Agreement]. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Content Standards: You agree that you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle's or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle have any obligation to monitor any Content, both we and Zelle have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your "Zelle tag." You will be limited to one Zelle tag per bank account, and each Zelle tag must have one U.S. mobile phone number or email address associated with it. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.
This Addendum ("Addendum") and the Forbright Bank "Internet Bankng Disclosure Statement and Agreement Definition of Terms" contain the terms and conditions governing your use of the Zelle® Transfer Service (the "Transfer Service"). If we make changes to this Addendum, we will update the Addendum on the website. We will notify you of changes following the procedures specified in the Forbright Bank "Internet Bankng Disclosure Statement and Agreement Definition of Terms" In the event of any inconsistency between this Addendum and the Forbright Bank "Internet Bankng Disclosure Statement and Agreement Definition of Terms" this Addendum will control. Please read this Addendum carefully. By agreeing to this Addendum, or using or accessing the Transfer Service, you are agreeing to the terms and conditions of this Addendum and the Forbright Bank "Internet Bankng Disclosure Statement and Agreement Definition of Terms". This Addendum and the Forbright Bank "Internet Bankng Disclosure Statement and Agreement Definition of Terms" include, among other things:
• your agreement that each time you use or access the Transfer Service, you are authorizing and instructing us to send emails and text messages to the recipient on your behalf; • your commitment to us that each person we send a text message or email on your behalf has given you permission for us to do so;
• your agreement that if you request money from another person using the Transfer Service, it will not be for an overdue or defaulted debt, court-ordered amounts such as alimony or child support, a gambling debt, or a debt owed to someone other than you;
• our obligations to you; • your obligations as a user of the Transfer Service;
• circumstances under which we may reverse or modify transactions or remove funds from your account;
• the ways in which we may send you notices and disclosures;
• your agreement with us to use binding arbitration for most disputes arising under this Addendum or concerning the Transfer Service and to waive the right to a trial by jury;
• your waiver of class-action rights;
• limitations on our liability to you;
• your mutual agreement with us that this Addendum will be governed by the laws of the State of South Dakota, without regard to conflict of law principles; and
• Zelle's disclaimer of warranties, limitations of Zelle's liabilities to you, and your indemnification of Zelle for your use of the Transfer Service. Your agreement to these terms is essential to our agreement to provide the Transfer Service and our pricing of the Transfer Service.
In order to use the Transfer Service, you must have an eligible Funding Account or Deposit Account based in the United States, which includes Forbright Bank checking or savings accounts. The Funding Account and the Deposit Account may be the same account. Account eligibility rules may differ if you are enrolling in Zelle through a separate financial institution or on Zelle's separate transfer service website or mobile app. In order to receive fund transfers into your Deposit Account, that account must be in good standing. In order to transfer funds out of your Funding Account to another individual or business, you must have an available balance in that account. You represent that you have the authority to authorize debits and credits to the enrolled Funding Account or Deposit Account. You agree that there may be other eligibility requirements that apply to participate in the Transfer Service (e.g., non-U.S. persons may be prohibited from using the Transfer Service), and that we have the right and sole discretion, to restrict or otherwise prohibit your use of the Transfer Service. We may, from time to time, introduce new features to the Transfer Service. When this happens, we will update our website to include them.
3. Consent to Share Personal Information (Including Account Information)
You authorize each Participating Financial Institution to use the email addresses and telephone numbers that are associated with you to process and route Transfer Transactions to and from your Funding and Deposit Accounts. In particular, if you: • receive notice of a Transfer Transaction via any email address or via text message at any telephone number, and • authorize or accept completion of the Transfer Transaction, then You are also authorizing all Participating Financial Institutions and Zelle to associate that email address or telephone number with you and with your Funding and Deposit Accounts. You agree that we may provide information about you to: • any Member you contact, communicate with, send funds to, or receive funds from, using the Transfer Service, and • any Member's Financial Institution, Zelle, or any other person engaged in processing, facilitating, or delivering Transfer Transactions to which you are a party. The information we provide may include your name, address, telephone number, and email address. You irrevocably waive any provision of our Forbright Bank Consumer Privacy Notice, which would prevent us from providing this information in connection with any Transfer Transaction to which you are a party
We may share information with service providers with whom we work, such as data processors and companies that help us market products and services to you, When permitted or required by law, we may share information with additional third parties for purposes including response to legal process. As applicable please see the additional privacy policies referenced below, such as the Forbright Bank Consumer Privacy Notice, for more information on how we may share information with affiliates and third parties
4. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Privacy Notice at: https://www.forbrightbank.com/privacy-notice/ is incorporated into and made a part of this Addendum by this reference.
5. Wireless Operator Data
We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT & T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle's Policy [https://www.zellepay.com/privacy-policy] for how it treats your data, and Forbright Bank's Privacy Policy at: https://www.forbrightbank.com/privacy-notice/.
6. Enrolling for the Service
a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
e. To cancel text messaging from us, send STOP to 20736 . For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 240-380-1235 or customerservice@congressionabank.com . You expressly consent to receipt of a text message to confirm your "STOP" request.
To get help with Transfer Service or General Text messages, send HELP to the applicable number(s) described in this Section, or call customer service at 240-380-1235. Message and data rates may apply.
f. Supported Carriers: Transfer Service text messages are supported by many mobile carriers. Please check with your individual mobile carrier to confirm availability.
In the event you ever withdraw this consent, and nothwithstanding that withdrawal, you expressly authorize us to use any of the methods described above to send messages confirming your instructions sent to us via text message, including a confirmation from us in the event you withdraw your consent.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Addendum and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this [Agreement], and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
10. Liability
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
To protect your personal information from unauthorized access and use, Forbright Bank use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also restrict access to customers' personal information to only those Bank employees needing to know this information to provide you with products and services.
11. Send Limits
You may not make transfers in excess of the limits described below. The amount of money you can send will vary based on the type of Funding Account you use, your recipient, and the transaction history for each recipient. Transfers to established recipients from a Forbright Bank Funding Account may be made up to a daily aggregate dollar limit of $4,000.00 with a transaction limit of $2,000.00 Transfers to new recipients are subject to lower limits. Transfer limits applicable to Members who use the separate Zelle transfer service website or mobile app are governed by Zelle's separate transfer service agreements. We reserve the right to change from time to time the dollar amount of transfers you are permitted to make using the Transfer Service without prior notice to you, unless otherwise required by applicable law or regulation. For example, in the event that your use of the Transfer Service has been suspended and reinstated, you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the Transfer Service. Your transfer limits may vary from those of other Members, depending upon criteria we establish from time to time.
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Addendum you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
13. Transaction Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit fund transfer instructions on your behalf. You understand that financial institutions receiving the fund transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
14. Your Liability for Unauthorized Transfers
Here's how to notify us when you believe that an error, unauthorized EFT, or unauthorized transfer has been or may have been made:
• Phone. 240-380-1235 Monday -Friday 9:00am – 5:00pm
• Paper Mail. Forbright Bank- Customer Service
• 4445 Willard Ave, 10th Floor, Chevy Chase, Maryland 20815
• Online.Sign on to the Service with your username and password and use the appropriate form.
To limit your liability for subsequent unauthorized transfers, or to report any other errors, we must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared.
When contacting us about an error or with questions, please tell us:
• Your name and account number (if any).
• About the error or the transfer, you question, and clearly explain why you believe it is an error or why you need more information.
• The dollar amount and date of the suspected error.
If you report a problem by phone, we may ask you to submit your complaint or question in writing within 10 Business Days. We'll determine whether an error occurred within 10 Business Days after we hear from you and will promptly correct any error. If we need more time to conduct our investigation, we'll notify you of our need for an extension of up to 45 days. If we decide to do this, we'll provisionally credit your account within 10 Business Days for the amount you think is in error, so you can use 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 don't receive it within 10 Business Days, we may not provisionally credit your account.
We may permit you to initiate or monitor the status of certain kinds of complaints or questions electronically on the Website. Complaints or questions you initiate via the process we provide on the Website will be considered as written notification.
For errors involving new accounts, our investigation may take up to 90 calendar days. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
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 and you can ask for copies of the documents that we used in our investigation.
15. Liability for Failure to Complete Transfers
We do not make any representation or warranty that any Transfer Transaction can be completed, or that it can be completed within a particular period. Any estimate we may provide concerning the completion date for the Transfer Transaction is only an estimate and is not binding on us. You understand and agree that we have no control over the actions of other Members, or of other financial institutions (including Member's Financial Institutions), that may prevent a Transfer Transaction from being completed, or may delay its completion.
You understand and agree that we may not be able to complete a Transfer Transaction if:
• the receiving Member does not enroll in or register with the Transfer Service; or,
• the receiving Member does not register with the Transfer Service the specific email address or telephone number you have provided to us for them.
Upon learning that a Transfer Transaction to transfer funds from your Funding Account to a Member cannot be completed for any reason, we may make a reasonable effort to complete the payment again. If the Transfer Transaction is not completed, we will notify you to contact your intended recipient. If you do not have enough money in your Funding Account to make a Transfer Transaction, we may reject your request to initiate the Transfer Transaction. We reserve the right to decline or cancel any payment instructions or orders or to carry out change or cancellation requests. We may, in our sole discretion, decline to initiate or complete a Transfer Transaction for any reason. We may, in our sole discretion, accept instructions from any Member or from a Member's Financial Institution to block your attempts to use the Transfer Service to initiate Transfer Transactions with that Member or customers of that institution.
16. Fees
We do not charge a fee for using the Transfer Service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. Account fees (e.g. monthly service, overdraft) may also apply to your account(s). that you use for the Transfer Service. In addition, fees may apply if you use the Transfer Service through another financial institution or through Zelle's separate transfer service website or mobile app. We reserve the right to assess fees in connection with the Transfer Service in the future. If we access fees, we will give you reasonable notice as required by law and deduct any applicable fees from the Funding Account used for the Transfer Transaction.
17. Use of Our On-line Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with our Terms of Use, which are available at https://www.forbrightbank.com/disclosures-and-notices/internet-banking-disclosure-statement-and-agreement-definition-of-terms-2/ and incorporated into and made part of this Agreement by this reference.
18. Cancellation of the Service
of this Addendum, the Transfer Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control. Live customer service generally will be available Monday through Friday 9:00am – 5:00pm (EST) excluding United States bank holidays.
19. Right to Terminate Access
You agree that unless otherwise required by applicable law or regulation, we can terminate your access to the Transfer Service, in whole or in part, at any time. For example, in the event (i) you violate any terms of this Addendum or the Internet Banking Disclosure Statement and Agreement Definition of Terms, (ii) there are suspected or confirmed unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Transfer Service, or (iii) we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time. We may, in our sole discretion, at any time and without prior notice to you or other Transfer Service participants, suspend or terminate:
• the Transfer Service,
• your ability to send or receive funds through a Transfer Transaction,
• your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction,
• your ability to request funds from another Member, or
• your ability to receive requests for funds from another Member.
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
21. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS [AGREEMENT], YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
22. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this [Agreement], you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
23. Governing Law; Choice of Law; Severability
Each of your Eligible Accounts and Online Financial Services will continue to be read and interpreted according to the laws described in the agreements that you have with us regarding those Eligible Accounts or Online Financial Services (for example, your deposit account agreement or your savings account agreement with us). This Agreement will be read and interpreted according to the laws of the State of Delaware, without regard to conflict-of-law rules.
In any legal action or claim regarding this Agreement, the prevailing party will be entitled to recover costs and reasonable attorney’s fees.
24. Miscellaneous
Subject to the terms of this, Addendum the Services are generally available 24 hours a day, seven days a week except for outages for maintenance and circumstances beyond our or Zelle's control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.