MOBILE BANKING SERVICES USER AGREEMENT AND DISCLOSURE

AGREEMENT

This Mobile Banking Services User Agreement and Disclosure (“Agreement”) contains the terms and conditions for the use of Grove Bank & Trust’s (“Bank”, “we”, “us”, or “our”) mobile banking services (“Services”). Any banking product accessed through this Service is subject to the account agreements and disclosures previously provided to you at time of account opening. By using mobile banking services to access an account you are agreeing to the terms of this Agreement and the terms of the agreements and disclosures previously provided and agreed upon. You agree to review your account agreements and disclosures carefully, as they may include transaction limitations and fees which may apply to your use of mobile banking.

MOBILE BANKING SERVICES

You may use the mobile banking application and mobile website to access your Grove Bank & Trust account information, view your balance and account activity, transfer funds between accounts, deposit funds remotely through your mobile device (see MOBILE REMOTE DEPOSIT CAPTURE SERVICES below) and conduct other banking transactions. The mobile banking application and mobile website is offered as a convenience and supplemental service to our online banking services. It is not intended to replace access to online banking from your personal computer or other methods you use for managing your accounts and services with us.

We may modify the mobile banking services from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use mobile banking services as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use our mobile banking service or your device.

We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through mobile banking. Further, Grove Bank & Trust reserves the right, in its sole discretion, to change, modify, add, or remove portions from this Service.

MOBILE BANKING TRANSFERS

Federal regulations limit the number of transfers allowed from a savings or money market account per month. Mobile banking transfers count towards this limit. Each transfer from a savings or money market account using mobile banking is counted as one of the six limited transactions permitted each month. In addition, we may limit the type, frequency and amount of transfers made through our mobile banking service for security purposes and may change or impose limits without notice, at our option as permitted by law.

You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

MOBILE REMOTE DEPOSIT CAPTURE SERVICES

The mobile remote deposit capture service is designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to Grove Bank & Trust or Grove Bank & Trust’s designated processor.

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 Grove Bank & Trust shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Florida. You agree that you will NOT use this Service to scan and deposit any checks or other items as shown below:

 

  1. Checks or items payable to any person or entity other than

  1. 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

 

  1. Checks or items previously converted to a substitute check, as defined in Reg

 

  1. Checks or items drawn on a financial institution located outside the United

 

  1. Checks or items that are remotely created checks, as defined in Reg

 

  1. Checks or items not payable in United States

 

  1. Checks or items dated more than 6 months prior to the date of

 

  1. Checks or items prohibited by Grove Bank & Trust’s current procedures relating to the Services or which are

otherwise not acceptable under the terms of your Grove Bank & Trust account.

IMAGE QUALITY

The image of an item transmitted to Grove Bank & Trust using this Service must be legible. The image quality of the items must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

ENDORSEMENTS AND PROCEDURES

You agree to restrictively endorse any item transmitted through this Service as “For mobile deposit only, Grove Bank & Trust Account #                                        ” or as otherwise instructed by Grove Bank & Trust. You agree to follow any and all other procedures and instructions for use of this Service as Coconut Grove Bank may establish from time to time.

RECEIPT OF ITEMS

We reserve the right to reject any item transmitted through this Service at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Grove Bank & Trust that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

AVAILABILITY OF FUNDS

You agree that items transmitted using this Service are not subject to the funds availability requirements of the Federal Reserve Board Regulation CC. Funds deposited using this Service will be available after Grove Bank & Trust receives payment for the funds submitted. Grove Bank & Trust 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 Grove Bank & Trust, in its sole discretion, deems relevant.

DISPOSAL OF TRANSMITTED ITEMS

Upon your receipt of a confirmation from Grove Bank & Trust 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 Grove Bank & Trust as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Grove Bank & Trust’s audit purposes.

DEPOSIT LIMITS

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using this Service and to modify such limits from time to time.

ERRORS

You agree to notify Grove Bank & Trust of any suspected errors regarding items deposited through this Service right away, and in no event later than 60 days after the applicable Grove Bank & Trust account statement is sent. Unless you notify Grove Bank & Trust within 60 days, such statement regarding all deposits made through this Service shall be deemed correct, and you are prohibited from bringing a claim against Grove Bank & Trust for such alleged error.

PRESENTMENT

The manner in which the items are cleared, presented for payment, and collected shall be in Grove Bank & Trust’s

sole discretion subject to the depository agreement and disclosures governing your account.

FEES

Grove Bank & Trust does not currently charge a fee for its mobile banking services; however, standard data rates from your mobile/device service provider may still apply. All telephone or wireless charges associated with use of this Service are your responsibility.

ACCEPTANCE OF THESE TERMS & FUTURE AMENDMENTS

Your use of our mobile banking services constitutes your acceptance of this Agreement. From time to time, we may amend these terms and modify or cancel the mobile banking services we offer without notice, except as may be required by law. We will notify you of any change 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. In addition, we may offer additional mobile banking services and features in the future. Any such added mobile banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. Your continued use of the Service will indicate your acceptance of any such changes to the Service. 

LIMITATIONS OF SERVICE

When using this Service, 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 portions of this Service may have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice as allowed by law. We reserve the right to change, suspend or discontinue this Service, in whole or in part, or your use of this Service, in whole or in part, immediately and at any time without prior notice to you as allowed by law.

Mobile banking services may not be accessible or may have limited service over some network carriers. Mobile banking services may also not be supported by all mobile devices. Grove Bank & Trust cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues. We make no representation that any content or use of mobile banking services are available in locations outside the United States and accessing mobile banking services form locations outside the United States is at your own risk.

EQUIPMENT & SOFTWARE

Grove Bank & Trust does not guarantee that your device or mobile phone service provider will be compatible with our mobile banking services. Grove Bank & Trust is not responsible for errors or delays or your inability to access the service caused by your device. We are not responsible for the cost of upgrading the device to remain current with the service. We are not responsible for any damage to the device or the data within the device.

Mobile phones and other devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your device is protected from and free of viruses, worms, Trojan horses or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files and/or your device or could  result in information being intercepted by a third party. Grove Bank & Trust will not be responsible or liable for any direct, incidental, special or consequential damages which may result from such viruses. Grove Bank & Trust will not be responsible if any non-public personal information is accessed via mobile banking due to any of the above listed viruses residing or being contracted by your device at any time or from any source.

USER SECURITY

You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using mobile banking services. You agree you will not give out account information, user login or passwords, leave your account information in view or range of others, nor will you send any private account information via public or general email systems. You agree not to leave your device unattended while logged into mobile banking and to logoff immediately at the completion of each access by you. You agree not to provide your username, password or to access information to any unauthorized persons. If you allow access to mobile banking to an unauthorized user or permit others to use your login or password, you will be responsible for any transactions they authorize and we will not be liable for any damages as a result.

We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify us immediately by calling 305-858-6666. You may also write to us at 2701 S. Bayshore Drive, Miami, FL 33133.

OWNERSHIP & LICENSE

You agree that Grove Bank & Trust retains all ownership and proprietary rights for this Service, associated content, technology, and website(s). Your use of this Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use this Service. Without limiting the restriction of the foregoing, you may not use this Service (1) in any anti-competitive manner, (2) for any purpose which would be contrary to Grove Bank & Trust’s business interest, or

(3) to Grove Bank & Trust’s actual or potential economic disadvantage in any aspect. 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 this Service.

DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF THIS SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THIS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SERVICE

(1) WILL MEET YOUR REQUIREMENTS, (2) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

  • THE RESULTS THAT MAY BE OBTAINED FROM THIS SERVICE WILL BE ACCURATE OR RELIABLE, AND
  • ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE

LIMITATION OF LIABILITY

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

INDEMNIFICATION

Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Grove Bank & Trust, its affiliates, officers, directors, employees, consultants, agents, service providers and licensors from any and all third party claims, liability, damages expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from third party claims, disputes, actions or allegations of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with this service, your violation of any law or rights of a third party or your use or use by a third party of mobile banking.

OTHER TERMS

 You may not assign this Agreement. This Agreement is entered into in the State of Florida, and shall be governed by the laws of the State of Florida 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. The Customer and the Bank waive all rights to trial by jury in any litigation or other proceeding arising out of or relating to this Agreement or the Service used by the Customer.